Marlene June v. United States , 550 F. App'x 505 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 24 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARLENE JUNE, Conservator for minor No. 11-17776
and surviving son of deceased in his own
right and on behalf of all statutory D.C. No. 2:11-cv-00901-SRB
beneficiaries conservator for A.K.B.
deceased, Anthony Edward Booth,
MEMORANDUM*
Plaintiff - Appellant,
v.
UNITED STATES OF AMERICA,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted December 20, 2013**
San Francisco, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Before: THOMAS and McKEOWN, Circuit Judges, and BENNETT, District
Judge.***
Plaintiff Marlene June, acting as conservator for A.K.B., (“June”) appeals
the district court’s judgment in favor of the United States. We have jurisdiction
pursuant to 28 U.S.C. § 1291 and reverse and remand. Because the parties are
familiar with the factual and procedural history of the case, we will not recount it
here.
After the district court entered judgment, an en banc panel of this Court held
that 28 U.S.C. § 2401(b) of the Federal Tort Claims Act is not jurisdictional and
that equitable adjustment of the limitations period in that section is not prohibited.
Wong v. Beebe, -- F.3d ---, 2013 WL 5539621 (9th Cir. 2013) (en banc),
overruling Marley v. United States, 567 F.3d 1030 (9th Cir. 2009). In light of
Wong, we must reverse the district court’s contrary ruling and remand for further
proceedings consistent with this disposition.
We need not, and do not, reach any other issue urged by the parties on
appeal.
REVERSED AND REMANDED.
***
The Honorable Mark W. Bennett, District Judge for the U.S. District
Court for the Northern District of Iowa, sitting by designation.
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