(PC) Barbour v. United States

I. Introduction

19 Plaintiff Scott Barbour (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 20 pauperis in this civil rights action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b). 21 The action was initially designated as a prisoner civil rights action, and was later redesignated as 22 a regular civil action and reassigned to the undersigned Magistrate Judge. (ECF No. 11.) 23 On August 21, 2019, Defendant filed a motion to dismiss the first amended complaint for 24 lack of subject matter jurisdiction. (ECF No. 18.) Plaintiff filed his opposition on September 18, 25 2019, (ECF No. 20), and Defendant filed a reply on September 25, 2019, (ECF No. 21). Plaintiff 26 also filed a motion for an order opening discovery on September 18, 2019, (ECF No. 19), which 27 Defendant opposed on September 25, 2019, (ECF No. 22). The deadline for the filing of 28 Plaintiff’s reply, if any, has not yet expired. For the reasons discussed below, the Court recommends that Defendant’s motion to dismiss be granted in part and denied in part. II. Summary of Relevant Allegations Plaintiff is currently housed at the United States Penitentiary…