be effected in accordance with the provisions of paragraph (a) of this section. 5 . For clarity, the first “final denial” refers to the April 28; 1995 letter. The second “final denial" refers to the USPS inaction on BOND’S June 28, 1995 request for reconsideration. It should be noted the USPS has never denied BOND’S request for reconsideration. The USPS did not send a second "final denial” by certified mail. Six months passed since the request for reconsideration, and BOND, at the veiy least, has six months from that date to file an action against USPS. At the earliest, BOND’S claim against the USPS would run afoul of the statute of limitations on either June 28 or July 3, 1996. But see. Conn v. U.S., 867 F.2d 916 (6th Cir.1981); Taumby v. United States, 919 F.2d 69 (8th Cir.1990) (<HOLDING>); Pascale v. United States, 998 F.2d 186 (3rd
holding that time limit for filing petition for review is mandatory and jurisdictional holding that a time limit for filing a complaint as a creditor in bankruptcy proceedings is not jurisdictional recognizing that there is no time limit for filing ftca action when administrative claim is deemed denied due to agencys inaction holding that the time limit for filing a petition for review of a final order of deportation is jurisdictional holding that a plaintiff has exhausted his administrative remedies when his claim is deemed denied because of failure of administrator to respond in a timely manner