Manisela V. Prescott v. United States of America

Good Law
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…

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