(PC) Fiorito v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL FIORITO, No. 2:24-cv-0990 CKD P Plaintiff, v. ORDER AND UNITED STATES OF AMERICA., FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff Michael Fiorito, a former federal prisoner, proceeds pro se1 with a civil complaint against the United States of America. (ECF No. 1.) Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis (ECF No. 7) is granted. For the reasons set forth below, plaintiff’s complaint states a claim under the Federal Tort Claims Act. However, the court lacks jurisdiction to grant injunctive relief in connection with this claim. Accordingly, plaintiff’s motion for injunctive relief (ECF No. 5) should be denied. I. Screening Requirement The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental…