(Cite as: 188 F.3d 513)
Briefs and Other Related Documents
NOTICE: THIS IS AN UNPUBLISHED OPINION.(The Court's decision is referenced in a ?Table of Decisions Without Reported Opinions? appearing in the Federal Reporter. Use FI CTA9 Rule 36-3 for rules regarding the citation of unpublished opinions.)
United States Court of Appeals, Ninth Circuit.
Walter LORD, Plaintiff-Appellant,
Bruce BABBITT; United States of America, Defendants-Appellees.
D.C. No. CV-94-00011-JKS.
Argued and Submitted Aug. 6, 1999.
Decided Aug. 19, 1999.
Appeal from the United States District Court for the District of Alaska James K. Singleton, District Judge, Presiding.
Before HUG, Chief Judge, TROTT, and TASHIMA, Circuit Judges.
FN1. This disposition is not appropriate for publication and may not be cited to or by the courts in this circuit except as provided by Ninth Circuit Rule 36-3.
*1 We affirm the judgment of the district court in dismissing the action, essentially for the reasons expressed in the thorough and carefully reasoned order of the district court. In summary, Lord received notice of the termination of his application for an allotment in 1963 by registered mail, the receipt of which was signed for by his wife. He did not bring this action until 1994. As the district court correctly held, the six-year statute of limitations set forth in 28 U.S.C. § 2401(a) bars this action. Lord makes a complex argument that his claim should be adjudicated under the Quiet Title Act, 28 U.S.C. § 2409a. However, even if that act were applicable, this action would be barred by the twelve-year statute of limitations set forth in § 2409a(g). For the reasons expressed by the district court, there was no basis for equitable tolling of either of these statutes of limitations.