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Opinion of the Court
rections. He invoked the federal court's jurisdiction under the FTCA and prayed for a judgment of $20 million. App. 3-7.
Four months later, on July 7, 1989, petitioner submitted a claim for damages to the Department of Health and Human Services.2 The Department denied the claim on July 21, 1989. On August 7, 1989, petitioner sent a letter to the District Court enclosing a copy of the Department's denial of his administrative claim and an affidavit in support of an earlier motion for appointment of counsel. Petitioner asked that the court accept the letter "as a proper request, whereas plaintiff can properly commence his legal action accordingly." Id., at 10.
For reasons that are not entirely clear, the United States was not served with a copy of petitioner's complaint until July 30, 1990.3 Id., at 2. On September 19, 1990, the United States moved to dismiss the complaint on the ground that petitioner's action was barred by the 6-month statute of limitation.4 The motion was based on the assumption that
2 Petitioner sought damages of $500,000 in his administrative claim, not the $20 million for which he prayed in his earlier federal court action. Pursuant to 28 U. S. C. § 2675(b), a claimant is barred from seeking in federal court "any sum in excess of the amount of the claim presented to the federal agency." That is, had petitioner properly filed an action in district court after his administrative claim was denied, he would have been limited in his recovery to $500,000.
3 Entries in the District Court docket indicate that plaintiff had previously filed a motion for leave to proceed in forma pauperis, that later in August he filed a motion for appointment of counsel, and that he ultimately paid a filing fee that caused the District Court to dismiss the motion for leave to file in forma pauperis as moot. In all events, in April 1990, the District Court ordered service to be effected by a United States Marshal "because plaintiff is incarcerated and proceeding pro se." App. 1.
4 Title 28 U. S. C. § 2401(b) provides: "A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after
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