Ruffino

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1] GIANFRANCO RUFFINO, No. 2:16-cv-02719-KJM-CKD Plaintiff, ORDER v. UNITED STATES OF AMERICA, Defendant. 17 Gianfranco Ruffino was severely burned when his sled ran into a patch of smoldering 19 brush hidden beneath the snow near South Lake Tahoe, where the U.S. Forest Service was conducting a controlled burn. Ruffino sued the United States under the Federal Tort Claims Act (FTCA). The United States now moves for summary judgment, arguing the court has no subject 22 matter jurisdiction over Ruffino’s claims. The court held a hearing on December 11, 2020. 23 Frederick Schenk appeared for Ruffino, and Rachel Davidson appeared for the United States. As 24 explained in this order, Ruffino has not identified any mandatory duty left unfulfilled by the 25 Forest Service. For that reason, the United States has not waived its sovereign immunity, and the 26 court lacks jurisdiction to consider Ruffino’s…