(PC) Aguilar-Rivera v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARTIN NEFTALI AGUILAR-RIVERA, Case No. 1:21-cv-00868-CDB (PC)

Plaintiff, FIRST SCREENING ORDER REQUIRING

RESPONSE FROM PLAINTIFF WITHIN

v. THIRTY (30) DAYS (Doc. 1)

UNITED STATES, et al., FINDINGS AND RECOMMENDATIONS TO

DISMISS BIVENS CLAIM FOR FAILURE TO

Defendants. STATE A CLAIM

FOURTEEN (14) DAY DEADLINE TO

FILE OBJECTIONS

Clerk of Court to assign a district judge.

19 Plaintiff Martin Neftali Aguilar-Rivera is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action misfiled under 42 U.S.C. § 19831 and the Federal Torts Claims Act (“FTCA”), 28 U.S.C. §§ 2671–2680. Based on attachments to the complaint, Plaintiff alleges he contracted COVID-19 due to Defendant Warden Ciolli’s negligent failure to keep COVID-positive staff separate from unexposed inmates and administrative staff’s failure to quarantine an inmate from other inmates…