(PC) Gelazela v. United States

Good Law
United States District Court, Eastern District of CaliforniaMay 15, 20251:22-cv-01540California5,965 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARK A. GELAZELA, Case No. 1:22-cv-01540-JLT-SKO (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CERTAIN CLAIMS v. FOLLOWING SCREENING OF PLAINTIFF’S FOURTH AMENDED UNITED STATES OF AMERICA, et al., COMPLAINT 14 Defendants. 14-DAY OBJECTION DEADLINE

16 Plaintiff is a former federal prisoner proceeding pro se and in forma pauperis in this action. I. INTRODUCTION On August 5, 2024, the Court issued its Screening Order Re Plaintiff’s Third Amended Complaint. (Doc. 25.) The Court determined that Plaintiff’s claims arising under the Federal Tort Claims Act (FTCA), including negligence, gross, negligence, willful misconduct, and intentional infliction of emotional distress, would be considered after Plaintiff cured certain deficiencies regarding the exhaustion of administrative remedies under the FTCA. (Id. at 6-12.) Plaintiff was specifically advised as follows: “Plaintiff…

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