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Willis v. Interocean Mgmt
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
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No. 95-31097 Summary Calendar ________________
DIANE WILLIS,
Plaintiff-Appellant,
versus INTEROCEAN MANAGEMENT; ET AL,
Defendants, and
UNITED STATES OF AMERICA, represented by the Secretary of Transportation, acting through the Maritime Administrator
Defendant-Appellee. _________________________________________________________________
Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 94-CV-2701-E _________________________________________________________________ July 30, 1996
Before JOLLY, JONES, and STEWART, Circuit Judges PER CURIAM:*
Diane Willis appeals from the dismissal of a complaint filed under the Suits in Admiralty Act for lack of subject matter
*
Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.
jurisdiction. Willis contends that the doctrine of equitable tolling applies to toll the running of the applicable two-year statute of limitations period. We have reviewed the record and the parties’ briefs and AFFIRM the district court’s dismissal for essentially the same reasons set forth by the district court. Willis v. Interocean Management, No. 94-CV-2701-E (E.D. La. Oct. 31, 1995).
Further, the Supreme Court’s recent decision in Henderson v. United States, ___ U.S. ___, 64 USLW 4362 (1996), which overturned this court’s reading of the Suits in Admiralty Act requirement of “forthwith” service, United States v. Holmberg, 19 F.3d 1062 (5th Cir.), cert. denied, 115 S.Ct. 482 (1994), comes too late to help Ms. Willis. The issue in the instant appeal was not timeliness but equitable tolling, and Henderson does nothing to undermine the district court’s denial of equitable tolling.