IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-50425 Summary Calendar

SULEMA C. ESTRELLA; JOSE ESTRELLA, III,

Plaintiffs-Appellants,

versus

UNITED STATES OF AMERICA,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-99-CV-1000-FB -------------------- December 13, 2000

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

The Estrellas appeal the district court’s grant of summary

judgment to the defendants in this Federal Tort Claims Act (FTCA)

case. They first argue that the district court erred in

determining that their claim was barred by the statute of

limitations. The district court’s determination on this issue was

not erroneous, as the Estrellas failed to timely present their

administrative claim to the appropriate agency. See

(b).

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 00-50425 -2-

The Estrellas next argue that the district court erred in

determining that Dr. Washington was a Government employee for FTCA

purposes. The district court did not err, as Washington falls

under the provisions of

(g). The Estrellas’ final

argument is that the case should have been remanded. This

contention is not meritorious. The case was properly removed

pursuant to

(d)(2). The Estrellas have failed to

show that the district court erred in denying their motion to

remand and granting the defendants’ motion for summary judgment.

Consequently, the judgment of the lower court is AFFIRMED.