Manisela V. Prescott v. United States of America
United States District Court, Central District of CaliforniaDecember 21, 20222:20-cv-02740California413 words
Opinion
Trial Court Opinion
Case 2:20-cv-02740-SB-SK Document 105 Filed 12/21/ Page 1 of Page ID #:463
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:20-cv-02740-SB (SK) Date: December 21, 2022 Title Manisela V. Prescott v. United States of America et al.
Present: The Honorable: Steve Kim, United States Magistrate Judge
Connie Chung n/a Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiff: Attorneys Present for Defendants:
None present None present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE
Plaintiff’s original complaint failed to state a claim for relief under the Federal Tort Claims Act (FTCA) because the only potentially actionable tort was an intentional infliction of emotional distress (“IIED”) claim, and it neither named the United States nor alleged the required predicate physical injury. (ECF 68 at 13-15). He was granted leave to amend his FTCA claim for IIED by no later than June 2022. (Id. at 16; ECF 80 at 1). Plaintiff notified the Court in May 2022 that he intended to file an…