Thomas F. Hatchell v. United States of Am., the United States Dep't of Just., Bureau of Prisons, 776 F.2d 244 (9th Cir. 1985). · Go Syfert
Thomas F. Hatchell v. United States of Am., the United States Dep't of Just., Bureau of Prisons, 776 F.2d 244 (9th Cir. 1985). Cases Citing This Book View Copy Cite
“in the face of clear statutory language, we cannot enlarge that consent to be sued which the government, through congress, has undertaken so carefully to limit.”
38 citation events (15 in the last 25 years) across 13 distinct courts.
Strongest positive: Weikert v. United States (idd, 2022-01-24)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Weikert v. United States
D. Idaho · 2022 · quote attribution · 1 verbatim quote · confidence high
in the face of clear statutory language, we cannot enlarge that consent to be sued which the government, through congress, has undertaken so carefully to limit.
discussed Cited as authority (rule) Eyre v. Huber
D. Utah · 2019 · confidence medium
The appeals court also determined that not just the First Circuit, but “[o]ther circuits have rejected the claim that Rule 6 applies to such exhaustion letters.” Velez-Diaz, 507 F.3d at 720 (citing Clay v. United States, 199 F.3d 876, 880 (6th Cir. 1999); Hatchell v. United States, 776 F.2d 244, 246 (9th Cir. 1985); Carr v. Veterans Admin., 522 F.2d 1355, 1357 (5th Cir. 1975)).
discussed Cited as authority (rule) Ramos v. Estate of Elsenbach
Haw. App. · 2015 · confidence medium
E.g., Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985) (declining to extend the time for commencing suit because "the limitations period applicable to Hatchell’s claim runs from 'the date of mailing,’ 28 U.S.C. § 2401 (b), and not from ‘the service of a notice’ as contemplated by [FRCP] Rule 6(e).”); Carr v. Veterans Admin., 522 F.2d 1355, 1357 (5th Cir.1975) (stating the same and citing Clements v. Fla. E.
discussed Cited as authority (rule) Velez-Diaz v. United States (2×)
1st Cir. · 2007 · confidence medium
Since compliance with the six month time limit under the FTCA is a condition of the United States' waiver of sovereign immunity, Hatchell v. United States, 776 F.2d 244, 246 (9th Cir. 1985), failure to comply is a fatal defect.
discussed Cited as authority (rule) Vélez-Díaz v. United States (2×)
1st Cir. · 2007 · confidence medium
Since compliance with the six month time limit under the FTCA is a condition of the United States’ waiver of sovereign immunity, Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985), failure to comply is a fatal defect.
discussed Cited as authority (rule) Chance v. Washington Metropolitan Area Transit Authority
Md. Ct. Spec. App. · 2007 · confidence medium
The holding in Carr has been followed by the United States Court of Appeals for the Ninth Circuit in Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985), and more recently by the United States District Court for the Middle District of Alabama in Chandler v. United States, 846 F.Supp. 51, 53-54 (M.D.Ala.1994).
discussed Cited as authority (rule) Electro Scientific Industries, Inc., Plaintiff-Cross v. General Scanning Inc., Electro Scientific Industries, Inc., Plaintiff-Cross v. General Scanning Inc.
Fed. Cir. · 2001 · confidence medium
P. 6(e) provides:Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period. 69 Thus, Rule 6(e) grants additional time where the time begins to run "after the service of a notice or other paper." Kyle v. Campbell Soup Co., 28 F.3d 928, 929-930 (9th Cir. 1994) (declining to apply Rule 6(e) to motion for attorney fees which must be filed "not later than thirty (30) days after entr…
discussed Cited as authority (rule) Electro Scientific Industries, Inc. v. General Scanning Inc.
Fed. Cir. · 2001 · confidence medium
Thus, Rule 6(e) grants additional time where the time begins to run “after the service of a notice or other paper.” Kyle v. Campbell Soup Co., 28 F.3d 928, 929-930 (9th Cir.1994) (declining to apply Rule 6(e) to motion for attorney fees which must be filed “not later than thirty (30) days after entry of final judgment ” because “Rule 6(e) ... only enlarge[s] the filing time when the period for acting runs from the service of a notice by mail”); Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985) (stating that Rule 6(e) does not apply when the time for acting is designated f…
cited Cited as authority (rule) Geraci v. Senkowski
E.D.N.Y · 1998 · signal: cf. · confidence medium
Cf. Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985) (holding that Rule 6(e) is inapplicable where the time for filing begins to run on “the date of mailing”).
cited Cited as authority (rule) Pitts v. United States
unknown court · 1997 · signal: cf. · confidence medium
Cf. Hatchell v. United States, 776 F.2d 244, 245-46 (9th Cir.1985) (‘We decline to require any specific verbal formulation to ensure compliance with the regulations governing denial of claims.”).
cited Cited as authority (rule) Steven A. Fuller and Karen M. Fuller v. United States of America, Douglas W. Samski v. United States of America, Thomas A. Jolly v. United States
9th Cir. · 1986 · confidence medium
Hatchett v. United States, 776 F.2d 244, 246 (9th Cir.1985); see also Carr v. Veterans Administration, 522 F.2d 1355, 1357 (5th Cir.1975).
discussed Cited "see" Norton v. United States
D.D.C. · 2025 · signal: see · confidence high
See Hatchell v. United States, 776 F.2d 244, 246 (9th Cir. 1985) (“In the face of clear statutory language, [a court] cannot ‘enlarge that consent to be sued which the 9 It is also unclear whether Harbinger and CMI can even be considered the government’s contractors, at all, as the government is not in direct privity of contract with these entities.
cited Cited "see" Poole v. Mukasey
2d Cir. · 2008 · signal: see · confidence high
See Hatchell v. United States, 776 F.2d 244, 246 (9th Cir. 1985).
cited Cited "see" Poole v. Mukasey
2d Cir. · 2008 · signal: see · confidence high
See Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985).
discussed Cited "see" Kyle v. Campbell Soup Co.
9th Cir. · 1994 · signal: see · confidence high
See Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985) (Rule 6(e) does not apply when the time for acting is designated from “the date of mailing” as opposed to “the service of notice” by mail); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Kurtenbach, 525 F.2d 1179, 1181 (8th Cir.1975) (Rule 6(e) does not apply when the time for acting is designated from the “entry of judgment” as opposed to “the service of notice” by mail), superseded on other grounds by Fed.R.App.P. 4(a)(5).
discussed Cited "see" Phyllis G. Kyle v. Campbell Soup Company
9th Cir. · 1994 · signal: see · confidence high
See Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985) (Rule 6(e) does not apply when the time for acting is designated from “the date of mailing” as opposed to “the service of notice” by mail); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Kurtenbach, 525 F.2d 1179, 1181 (8th Cir.1975) (6Rule 6(e) does not apply when the time for acting is designated from the “entry of judgment” as opposed to “the service of notice” by mail), superseded on other grounds by Fed.R.App.P. 4(a)(5).
discussed Cited "see" Toni Marie Gervais, by and Through Her Conservator and Legal Guardian Connie Bremner v. United States of America and the Bureau of Indian Affairs
9th Cir. · 1988 · signal: see · confidence high
See Hatchett v. United States, 776 F.2d 244 (9th Cir.1985) (where notice of denial of FTCA claim was mailed January 14, 1981, tort action commenced on July 17, 1981 was three days beyond the statute of limitations).
discussed Cited "see" Berti v. V.A. Hospital
9th Cir. · 1988 · signal: see · confidence high
Yet, in the face of clear statutory language that begins the running of the statutory period from the date of mailing of a certified or registered letter, Berti’s request would “enlarge that consent to be sued which the Government, through Congress, has undertaken so carefully to limit.” Claremont Aircraft, Inc. v. United States, 420 F.2d 896, 898 (9th Cir.1970) (date of initial certified mailing of the denial of the administrative claim commences the six-month statutory period and subsequent communication about the claim did not toll the statutory period) (quoting Mann v. United States,…
discussed Cited "see" No. 87-2226
9th Cir. · 1988 · signal: see · confidence high
Yet, in the face of clear statutory language that begins the running of the statutory period from the date of mailing of a certified or registered letter, Berti's request would "enlarge that consent to be sued which the Government, through Congress, has undertaken so carefully to limit." Claremont Aircraft, Inc. v. United States, 420 F.2d 896, 898 (9th Cir.1970) (date of initial certified mailing of the denial of the administrative claim commences the six-month statutory period and subsequent communication about the claim did not toll the statutory period) (quoting Mann v. United States, 399 F…
cited Cited "see" Ira L. Hart v. United States
9th Cir. · 1987 · signal: see · confidence high
See 776 F.2d at 246 .
cited Cited "see, e.g." James James v. United States
9th Cir. · 2012 · signal: see also · confidence medium
See 28 U.S.C. § 2401 (b); see also Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985) (FTCA action commenced three days beyond the six-month limitations period was barred).
discussed Cited "see, e.g." Richard Allgeier, Maria D. Boldrick, Intervening v. United States
6th Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985) (declining to interpret the period for actual notice in Rule 15(c) as extended three days beyond the six-month period by Rule 6(e), because to do so would extend the waiver in section 2401(b)); Stewart v. United States, 655 F.2d 741, 742 (7th Cir.1981) (declining to expand the waiver by interpreting the period for actual notice under Rule 15(c) to include a “reasonable time” for service of process after the suit is filed within the six-month period).
Retrieving the full opinion text from the archive…
Thomas F. HATCHELL, Plaintiff-Appellant,
v.
UNITED STATES of America, the United States Department of Justice, Bureau of Prisons, Defendants-Appellees
84-6262.
Court of Appeals for the Ninth Circuit.
Nov 8, 1985.
776 F.2d 244
1985 U.S. App. LEXIS 23842
Edwin S. Saul, Frank G. Blundo, Jr., Law Offices of Frank G. Blundo, Jr., Encino, Cal., for plaintiff-appellant., Robert C. Bonner, U.S. Atty., Frederick M. Brosio, Jr., Ronald K. Silver, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.
Browning, Kennedy, Hug.
Cited by 26 opinions  |  Published
KENNEDY, Circuit Judge:

Appellant Thomas Hatchell filed a tort claim against the United States for injuries from lung disease, allegedly caused by unsanitary conditions at Levenworth Penitentiary where he had been in custody. His administrative claim was filed on October 23,1980 with the Bureau of Prisons, United States Department of Justice. The government contends that it mailed notice of final denial of the claim on January 14, 1981, and that the tort action commenced by Hatchell on July 17, 1981 is three days beyond the relevant statute of limitations. That statute requires filing “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.” 28 U.S.C. § 2401(b) (1982). Hatchell’s principal contention is that the letter by its terms was not a final denial of the claim and did not, as a result, cause the period of limitations to commence. The district court ruled in favor of the government, and we affirm.

Appellant contends that the letter of January 14 did not state with sufficient clarity that it was a notice of final denial of the administrative claim. He is wrong. The letter, addressed to Hatchell’s attorney, stated that the claim was denied, that the letter itself was notice of the denial, and that suit must be brought within six months in the United States district court. The letter also contained the reasons for rejection of the claim. The letter was in sufficient compliance with 28 C.F.R. § 14.9, which specifies the procedure for notifying claimants of the final administrative denial of their claims. The case before us is thus distinguishable from Dyniewicz v. United States, 742 F.2d 484 (9th Cir.1984), where there was no unambiguous statement that the claim had been denied, but merely a reference to time limitations for filing with the agency.

We decline to require any specific verbal formulation to ensure compliance with the[*246] regulations governing denial of claims. The letter in question was sufficient to give notice that the claim was denied and that the agency contemplated no further action regarding it. That the word “final” was not used in connection with the notice of denial is irrelevant, for the plain meaning of the letter is that the administrative agency had reviewed the claim, denied it, would take no further action, and was giving notice to plaintiff that he had six months within which to bring suit in the district court.

Hatchell makes additional arguments that are also without merit. He argues the letter was incorrect, or at least ambiguous, in stating that the six-month period for suit runs from the date of denial of the claim/instead of the date the notice of denial is mailed, the latter being the date set by the statute. See 28 U.S.C. § 2401(b) (1982). The appellant has not shown, however, that he was prejudiced by the recitations in the letter. Even if we assume that he was entitled to rely upon the date of the letter rather than the date of mailing on an estoppel theory, a premise we decline to adopt, the suit was untimely since all indications are that the letter was mailed on or before the date that it bore.

Finally, Hatchell argues that under Federal Rule of Civil Procedure 6(e) three days must be added to the period for commencing suit. The rule provides that whenever a party “is required to do some act ... within a prescribed period after the service of a notice ... upon him and the notice ... is served upon him by mail, 3 days shall be added to the prescribed period.” Fed.R.Civ.P. 6(e). Congress has provided, however, that the limitations period applicable to Hatchell’s claim runs from “the date of mailing,” 28 U.S.C. § 2401(b), and not from “the service of a notice” as contemplated by Rule 6(e). See Carr v. Veterans Administration, 522 F.2d 1355, 1357 (5th Cir.1975). The rule is therefore not applicable to the case before us; and even if it were thought applicable, the statute would control. In the face of clear statutory language, we cannot “enlarge that consent to be sued which the Government, through Congress, has undertaken so carefully to limit.” Claremont Aircraft, Inc. v. United States, 420 F.2d 896, 898 (9th Cir.1970) (quoting Mann v. United States, 399 F.2d 672, 673 (9th Cir.1968)).

Cummings v. United States, 704 F.2d 437 (9th Cir.1983), is not to the contrary. There we held that intervention as of right under Federal Rule of Civil Procedure 24(a) was not barred by 28 U.S.C. § 2401(b) where the original complaint was timely filed. In that circumstance, we held that permitting the complaint in intervention filed by the original plaintiff’s insurer to relate back to the date of the underlying complaint did not violate section 2401(b). Cummings, 704 F.2d at 439-40. We held that the purposes of the limitations statute “were served by the timely filing of [the original plaintiff’s] complaint.” Id. at 439. Cummings is distinguishable from the case before us, where no complaint was filed against the United States within the limitations period.

Hatchell’s tort claim against the United States is barred by 28 U.S.C. § 2401(b). The judgment of the district court is AFFIRMED.