CA1 and CAFED: No relief for the really screwed by erroneous imprisonment

An alert reader (that has nothing to do with the case) points me to this unpublished case from the Federal Circuit.  As avid readers may know, “Bolduc v. US, No. 03-2081, holds that District Courts lack jurisdiction under the FTCA for what amounts to a case of mistaken identity resulting in the plaintiffs spending eight years in prison” (our coverage from March 23, 2005 here).”  Today, in an unpublished decision, a Federal Circuit panel splits (what’s up with that?) as to whether a claim under 28 U.S.C. §§ 1495 (damages for false imprisonment) and 2513 for his unjust conviction and imprisonment is timely by six days.  Read the case.  This guy gets no satisfaction anywhere.  All of his arguments as to why the statute of limitations are tolled, or the case was constructively transferred are rejected.  But, the dissent argues that the record isn’t clear as to exactly why his conviction was reversed.