(PC) Gary Nichols v. United States of America

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY NICHOLS, No. 1:19-cv-01136-NONE-SAB (PC) 11 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. Nos. 18, 22) UNITED STATES OF AMERICA, et. al., 14 Defendants. 15 On July 7, 2019,1 plaintiff Angel Rodriguez filed this tort action pro se and in forma pauperis against defendants United States of America and federal correctional officers for allegedly causing him to contract food poisoning while he was an inmate at USP Atwater. (Doc. No. 1 at 1, 3.) Given that this is a tort case, the Federal Tort Claims Act, 28 U.S.C.A. § 2401(b), governs when plaintiff may bring such a claim. Relying on the six-month time limitation of § 2401(b), on January 13, 2020 defendants moved for summary judgment in their favor on the ground that the complaint is time-barred. (Doc. No. 18-1 at 4-6.) Defendants gave plaintiff notice to respond, (Doc. No. 18 at 2), but plaintiff did not timely oppose the motion for summary 24 …