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  • Clarence R. Henderson, A/K/A Edward Ronald Henderson v. The United States Department of Justice, 833 F.2d 1005, 4th Cir. (1987)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court affirmed the lower court's decision granting summary judgment for the defendant United States Department of Justice in a negligence suit brought by Clarence Henderson under the Federal Tort Claims Act. The court found Henderson's claim was time-barred because he did not present it to the appropriate federal agency within two years of when the claim accrued, as required by the Act.

    Original Description:

    Filed: 1987-11-19 Precedential Status: Non-Precedential Citations: 833 F.2d 1005 Docket: 87-7145

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court affirmed the lower court's decision granting summary judgment for the defendant United States Department of Justice in a negligence suit brought by Clarence Henderson under the Federal Tort Claims Act. The court found Henderson's claim was time-barred because he did not present it to the appropriate federal agency within two years of when the claim accrued, as required by the Act.

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    2 views2 pages

    Clarence R. Henderson, A/K/A Edward Ronald Henderson v. The United States Department of Justice, 833 F.2d 1005, 4th Cir. (1987)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court affirmed the lower court's decision granting summary judgment for the defendant United States Department of Justice in a negligence suit brought by Clarence Henderson under the Federal Tort Claims Act. The court found Henderson's claim was time-barred because he did not present it to the appropriate federal agency within two years of when the claim accrued, as required by the Act.

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    of 2

    833 F.

    2d 1005
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Clarence R. HENDERSON, a/k/a Edward Ronald Henderson,
    Plaintiff-Appellant,
    v.
    The UNITED STATES DEPARTMENT of JUSTICE,
    Defendant-Appellee.
    No. 87-7145.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Sept. 30, 1987.
    Decided: Nov. 19, 1987.

    Clarence R. Henderson, appellant pro se.


    Wistar D. Stuckey, Assistant U.S. Attorney, for appellee.
    Before K.K. HALL, MURNAGHAN, and WILKINS, Circuit Judges.
    PER CURIAM:

    Clarence R. Henderson, a South Carolina inmate, appeals the entry of summary


    judgment in favor of defendant in this negligence action brought pursuant to the
    Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 1346(b), 2671. The district
    court found Henderson's claim to be time barred. We agree and affirm.

    The actions upon which Henderson attempts to hold the United States liable
    allegedly occurred on February 7, 1980, and December 3, 1980. Henderson did
    not present his claim to the appropriate Federal agency until June 18, 1984. The
    agency denied the claim on March 12, 1985, and Henderson filed his complaint

    in the district court on May 27, 1986. Section 2401(b) of Title 28 of the United
    States Code provides:
    3

    A tort claim against the United States shall be forever barred unless it is
    presented in writing to the appropriate Federal agency within two years after
    such claim accrues or unless action is begun within six months after the date of
    mailing, by certified or registered mail, of notice of final denial of the claim by
    the agency to which it was presented.

    There are two distinct time limits mandated by this section, neither of which
    Henderson met. Accordingly, we affirm the judgment below on that basis.
    Because the dispositive issues have recently been decided authoritatively, we
    dispense with oral argument.

    AFFIRMED.

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