(PC) Doiel v. United States of America
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL ALLEN DOIEL, No. 2:20-CV-0602-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS UNITED STATES OF AMERICA, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action. Pending before the Court is Plaintiff’s motion, ECF No. 24, for summary judgment. Plaintiff’s motion is premature and should be denied, without prejudice, for this reason. This case was originally filed in the United States District Court for the Northern District of Texas, Fort Worth Division. On March 17, 2020, that court severed Plaintiff’s claims and transferred his claim under the Federal Tort Claims Act against the United States of America and his claim under the Eighth Amendment against Dr. Alfred to this Court. Other claims were transferred to the Abeline Division of the Northern District of Texas. To date, Defendants have not been served or answered the complaint, no schedule has been…