Naqibullah Nadeem Mohammadullah Khan v. United States of America

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NAQIBULLAH NADEEM No. 2:25-cv-1522-DC-CKD (PS)

MOHAMMADULLAH KHAN,

12 Plaintiff, FINDINGS AND RECOMMENDATIONS v.

UNITED STATES OF AMERICA,

15 Defendants. 16 Plaintiff Naqibullah Nadeem Mohammadullah Khan proceeds without counsel and seeks relief under the Federal Tort Claims Act. This matter is before the undersigned pursuant to Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). Defendant’s motion to dismiss pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure is before the court. (ECF No. 23.) The court previously vacated the hearing set on this motion to accommodate the briefing schedule and now finds this matter suitable for decision without oral argument. See Local Rule 230(g). For the reasons set forth below, the court lacks subject matter jurisdiction over plaintiff’s claim and the complaint should be dismissed without leave to amend. I. Background Plaintiff paid the filing fee and filed the complaint on…