854 F. 2d 1328 - Outlaw v. United States

James Bond Outlaw, Jr. appeals pro se from the opinion and order of the United States Claims Court, No. 354-87C (February 25, 1988) (Yock, J.), dismissing his complaint, which sought just compensation for the taking of his automobile, on the ground that his claim was barred by the statute of limitations. Our review of the trial judge's opinion convinces us that he carefully analyzed the facts of record and correctly applied the governing legal principles. Accordingly, we affirm that order in all respects.

On appeal Mr. Outlaw attacks no factual findings of the court or, indeed, any specific ruling of the trial court concerning his failure to set forth a claim not barred by the six-year statute of limitations set forth in 28 U.S.C. Sec. 2501 (1982). He simply points to the record and asks that the statute of limitations be tolled, because either the government fraudulently concealed facts that would have informed him of a cause of action or, under 28 U.S.C. Sec. 2675(a) (1982), he was required to first present his claim to a federal agency for disposition. The record discloses no concealment, fraudulent or otherwise, of the facts giving rise to Mr. Outlaw's claim. Indeed, the record shows that Mr. Outlaw had actual notice soon after the government appropriated his automobile in 1972. Further, 28 U.S.C. Sec. 2675(a), part of the Federal Tort Claims Act, is inapplicable to Claims Court proceedings. Neither ground provides a basis for tolling.

While those grounds for tolling do not appear to have been argued to the Claims Court, we have considered them to be sure that the pro se litigant here had not simply been inept in presenting a meritorious theory for tolling of the statute of limitations. He has not.

Also, we conclude that appellant has no viable claim under 28 U.S.C. Sec. 1346(b) (1982) which would warrant transfer of the proceedings to a district court.