Samuel Joseph Weisgal v. William French Smith, Atty. Gen. Norman A. Carlson William Garrison Fred Walker Donnie Ray Smith United States of America

DONALD RUSSELL, Circuit Judge.

This is a Federal Tort Claims [FTCA] action asserted by way of an amended complaint, which the plaintiff would relate back under provisions of Rule 15(c), Fed.R.Civ.P., to the initial filing of the action in order to avoid the time-bar for such an action stated in 28 U.S.C. § 2401(b). The Magistrate to whom the matter was referred, found that the conditions for “relation back” as set forth in Rule 15(c) were not met and dismissed the FTCA action. The plaintiff has appealed and we affirm.

The plaintiff, an inmate at the Peters-burg (Virginia) Federal Corrections…