(PC) Willis v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KENTRELL WILLIS, Case No. 1:19-cv-00761-LJO-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF ACTION AS

v. TIME BARRED UNITED STATES OF AMERICA, (ECF Nos. 1, 4) Defendant. FOURTEEN-DAY DEADLINE 16 Plaintiff Kentrell Willis (“Plaintiff”) is a federal prisoner proceeding pro se and in forma pauperis in this action filed pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2401 et seq. Plaintiff seeks monetary damages from the United States of America for alleged sexual assault and negligence arising out of events at the United States Penitentiary, Atwater. (ECF No. 1.) I. The Federal Tort Claims Act Under the FTCA, an “action shall not be instituted upon a claim against the United States for money damages” unless a plaintiff has exhausted administrative remedies by filing a claim with the appropriate federal agency within two years of the act or injury. 28 U.S.C. §…