Moore

(PC) Van Gessel v. Moore

Good Law
United States District Court, Eastern District of CaliforniaFebruary 25, 20211:18-cv-01478California1,187 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER ALLEN VAN GESSEL, No. 1:18-cv-01478-DAD-GSA Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

DR. THOMAS MOORE, et al. (Doc. Nos. 24, 25, 39, 40) Defendants.

16 Plaintiff Christopher Allen Van Gessel is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to Bivens v. Six Unknown Agents, 403 U.S. 388 (1971) and the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b). This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 9, 2020, defendant United States of America filed a motion to dismiss plaintiff’s medical malpractice under the FTCA pursuant to Federal Rule of Civil Procedure 12(b)(1). (Doc. No. 24.) On that same day, defendants Dr. Thomas Moore, Physician’s Assistant Altuire, and Physician’s Assistant Ballesil also filed a motion for summary judgment based upon plaintiff’s 26 …

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