(PC) Doiel v. United States of America

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 federal prisoner proceeding pro se, brings this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act (“FTCA” or “Act”). Pending before the Court are Defendants’ motions to dismiss. ECF Nos. 41, 42. Plaintiff has filed oppositions to both motions. ECF Nos. 43, 44, 48, 49, 52, & 53. Defendants have filed replies. ECF Nos. 47, 50. In considering a motion to dismiss, the Court must accept all allegations of material fact in the complaint as true. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). The Court must also construe the alleged facts in the light most favorable to the plaintiff. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974) abrogated on other…