Ciprian

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

WILBERT MCKRETH, ) Case No. 1:22-cv-00588-DAD-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS v. ) RECOMMENDING DISMISSAL OF THE

ACTION FOR FAILURE TO STATE A

UNITED STATES OF AMERICA, ) COGNIZABLE CLAIM FOR RELIEF AND ) DENYING MOTION TO DISMISS AS Defendant. ) UNNECESSARY ) ) ) (ECF Nos, 1, 7) )

Plaintiff Wilbert McKreth is appearing pro se and in this civil rights action pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b)(1), 2671-80. On May 17, 2022, the United States removed this action to this court which was initially filed in the Merced County Superior Court and paid the filing fee. On May 24, 2022, the United States filed a motion to dismiss the complaint. However, as explained below, the Court is required to screen Plaintiff’s complaint pursuant to 28 U.S.C. § 1915, notwithstanding removal, and the motion to…