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BRUCE v. U.S. DEPT. OF JUSTICE

Docket No. 01-6233.

314 F.3d 71 (2002)

David S. BRUCE, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE, Federal Bureau of Investigation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 26, 2002.

Attorney(s) appearing for the Case

James P. Evans, O'Hara & O'Connell, Syracuse, NY, for Plaintiff-Appellant.

Elizabeth S. Riker, Assistant United States Attorney, Northern District of New York (Joseph A. Pavone, United States Attorney, Paula R. Conan, Assistant United States Attorney, on the brief), Syracuse, NY, for Defendant-Appellee.

Before CABRANES, POOLER, KATZMANN, Circuit Judges.

PER CURIAM.

Plaintiff-appellant David S. Bruce ("Bruce") appeals a judgment of the United States District Court for the Northern District of New York (Howard G. Munson, Judge), dismissing his complaint on the ground that he failed to initiate the administrative process in a timely fashion. We conclude that defendant-appellee United States Department of Justice, Federal Bureau of Investigation, made an express finding of timeliness based on a specific factual...

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