Vargas v. United States

60 F.3d 835 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Luis VARGAS, Plaintiff-Appellant, v. UNITED STATES of America; Federal Bureau of Prisons; Warden, M.C.C. San Diego, California; Officer Escovedo; Unknown Contract Officer, MCC San Diego, Defendants-Appellees. No. 94-56487. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1995. * Decided July 7, 1995. Before: FLETCHER, KOZINSKI, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Jose Luis Vargas, a federal prisoner, appeals pro se the district court's order granting the United States' motion for summary judgment in Vargas's action brought under the Federal Torts Claim Act ("FTCA") 28 U.S.C. Sec. 2671 et seq. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 * Background 4 In his complaint, Vargas sought damages for personal injuries, allegedly caused by the negligence of Officer Escobedo, a federal correctional officer, when Escobedo authorized or negligently failed to…