Raymond Tate v. United States

Case 2:15-cv-09323-FMO-JPR Document 350 Filed 03/01/ Page 1 of Page ID #:3327

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 RAYMOND TATE, ) Case No. CV 15-9323 FMO (JPRx) ) Plaintiff, ) ) v. ) ) FINDINGS OF FACT AND CONCLUSIONS UNITED STATES OF AMERICA, ) OF LAW ) Defendant. ) ) 16 INTRODUCTION On April 4, 2018, Raymond Tate (“plaintiff”), who at the time was proceeding pro se, filed the operative Second Amended Complaint (“SAC”) against the United States (“defendant”) under the Federal Torts Claims Act (“FTCA”), asserting negligence claims arising from an assault by another inmate while plaintiff was housed at the United States Penitentiary in Victorville, California (“USP Victorville”). (See Dkt. 120, SAC at p. 6-7); (Dkt. 180, Report and Recommendation [] (“R & R”) at 7-8). On December 11, 2018, the Magistrate Judge recommended granting in part and denying in part defendant’s motion to dismiss, or in the…