MACLEAN v. U.S.

No. 05-5149.

454 F.3d 1334 (2006)

Norbert Basil MACLEAN III, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 12, 2006.


Attorney(s) appearing for the Case

Daniel S. Silverman, Heller Ehrman LLP, of San Diego, California, argued for plaintiff-appellant.

Gerald M. Alexander, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Deputy Director. Of counsel on the brief was Lieutenant Commander Armando A. Rodiguez-Feo, Office of the Navy Judge Advocate General, of Washington, DC.

Before MICHEL, Chief Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

This appeal challenges the Court of Federal Claims' dismissal, for lack of jurisdiction because of untimely filing, of a suit attacking a court-martial conviction. The appellant challenges his conviction on two grounds: (1) his invocation of military post-conviction proceedings either extended the limitations period for challenging his court-martial conviction or created a new cause of action for which there was a new period of limitations...

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