(PC) Donaldson v. Garland

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD JULIUS DONALDSON, No. 2:21-cv-1178 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MERRICK R. GARLAND, et al., Defendants. 16 Plaintiff is a federal prisoner, proceeding pro se and in forma pauperis, with this civil action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). On March 4, 2022, the court screened plaintiff’s amended complaint and found plaintiff stated potentially cognizable Eighth Amendment claims against defendants Allred, Tuttle and Tabor, and a potentially cognizable negligence claim under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b), against defendant United States (hereafter “defendant”). (ECF No. 19 at 1.) Defendant’s motion to dismiss plaintiff’s pleading for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, or, in the alternative, to dismiss for failure to state a claim under Rule 12(b)(6), is fully-briefed. …