Feurtado v. Dunivant
Feurtado v. Dunivant
Opinion of the Court
MEMORANDUM
Appellant Anthony Feurtado appeals from the district court’s dismissal of his case. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
In a response to this court’s order to show cause, appellant purports to raise claims under the Federal Tort Claims Act (“FTCA”). Two-year statutes of limitations govern these claims. See 28 U.S.C. § 2401(b). FTCA claims accrue as a matter of federal law “when a plaintiff knows that he has been injured and who has inflicted the injury.” Winter v. United States,. 244 F.3d 1088, 1090 (9th Cir. 2001).
To the extent appellant alleges an FTCA cause of action for wrongful imprisonment or other torts flowing from his detention and transfer to South Carolina, such an action does not accrue “until the prisoner has established, in a direct or collateral attack on his imprisonment, that he is entitled to release from custody.” Erlin v. United States, 364 F.3d 1127,1133 (9th Cir. 2004). Because appellant failed to establish that he is entitled to release, the district court therefore correctly dismissed the action for failure to state a claim.
Accordingly, the court summarily affirms the appeal because the questions raised in the appeal are so in substantial as not to warrant further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.