(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) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR RECONSIDERATION UNDER RULE

v. 59(e) UNITED STATES OF AMERICA, (Doc. No. 35) Defendant. 16 Plaintiff Scott Barbour is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b). On September 2, 2020, the court issued an order adopting the magistrate judge’s findings and recommendations to deny in part and grant in part the government’s motion to dismiss. (Doc. No. 33.) The order allowed plaintiff’s failure-to-patrol claim to proceed, but dismissed all of his other claims. (Id. at 4.) ///// /////

On September 3, 2020, the assigned magistrate judge directed defendant to file an answer or 26 other responsive pleading to plaintiff’s first amended complaint. (Doc. No. 34.) In light of the filing of plaintiff’s motion…