Barbara McGee v. Nickolas Fredriken
Barbara McGee v. Nickolas Fredriken
Opinion
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-1486 ___________ Barbara McGee, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri.
Sgt. Nickolas Fredriken, * * [UNPUBLISHED] Appellee. * ___________ Submitted: March 22, 1999 Filed: April 15, 1999 ___________ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. ___________ PER CURIAM.
Barbara McGee commenced this action against a Drug Enforcement Administration officer seeking return of a forfeited automobile or compensatory damages. Because the relief she seeks would operate against the United States, McGee’s claim is subject to the six-year statute of limitations set forth in 28 U.S.C. § 2401(a). See Hawaii v. Gordon, 373 U.S. 57 (1963). A notice of forfeiture was mailed to McGee’s husband, the vehicle’s registered owner, in May 1990; he filed a claim and cost bond. Notice of the vehicle’s seizure was published for three successive weeks in August 1990. A default judgment of forfeiture was entered in April 1991. McGee commenced this action in August 1997. In these circumstances, we agree with the district court1 that McGee’s claim is time-barred.
The judgment of the district court is affirmed. See 8th Cir. Rule 47A(a).
A true copy.
Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
The HONORABLE RODNEY W. SIPPEL, United States District Judge for the Eastern District of Missouri. -2-
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