(PC) Barbour v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT BARBOUR, No. 1:18-cv-00246-NONE-BAM (PC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DENY

v. DEFENDANT’S MOTION TO DISMISS UNITED STATES OF AMERICA, (Doc. Nos. 18, 26) Respondent. 16 Plaintiff Scott Barbour, a federal prisoner, is proceeding pro se and in forma pauperis in this civil rights action pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b). Plaintiff’s claims are based on injuries he suffered as a result of a riot that occurred on July 24, 2015 while he was an inmate at the U.S. Penitentiary Atwater (“USP Atwater”). (Doc. No. 9 at 3–4.) Naming the United States of America as the sole defendant in this action, plaintiff alleges that on the day of the riot, the prison staff acted negligently and failed to ensure his safety. (Id.) Defendant moved to dismiss this action for lack of subject matter jurisdiction. (Doc. No. 18.) 24 “As sovereign, the United States…