(PC) Carter v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 TERRENCE MACK CARTER, Case No. 1:23-cv-00352-ADA-HBK (PC)
Plaintiff, FINDINGS AND RECOMMENDATION TO
GRANT DEFENDANT’S MOTION TO
v. DISMISS BUT GRANT PLAINTIFF LEAVE TO
FILE A SECOND AMENDED COMPLAINT
UNITED STATES OF AMERICA, (Doc. No. 26) Defendant.
FOURTEEN DAY DEADLINE
16 Pending before the Court is Defendant United States of America’s Motion to Dismiss Plaintiff’s Complaint filed on October 25, 2022. (Doc. No. 26, “Motion”). Plaintiff filed an Opposition (Doc. No. 31), and Defendant filed a Reply (Doc. No. 32). For reasons set forth below, the undersigned recommends that the district court grant the Motion but permit Plaintiff leave to file a second amended complaint. BACKGROUND Plaintiff, a federal prisoner, initiated this action by filing a pro se complaint in the United States District Court for the Southern District of California on March 19, 2020. (Doc. No. 1). Plaintiff is…