(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-ADA-CDB (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS TO

v. DISMISS ACTION WITHOUT PREJUDICE

FOR FAILURE TO OBEY A COURT ORDER,

UNITED STATES, et al., FAILURE TO COMPLY WITH LOCAL

RULES, AND FAILURE TO PROSECUTE

Defendants. (Docs. 9, 10)

FOURTEEN (14) DAY DEADLINE

18 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”). On March 16, 2023, the Court issued a first screening order granting Plaintiff leave to file a first amended complaint with respect to his FTCA claim. (Doc. 10.) The Court also found that Plaintiff’s complaint failed to state an Eighth Amendment claim upon which relief may be granted and recommended dismissal of the Bivens claim with prejudice. (Id. at 13–14.) As directed by the findings and…