(PC) Aguilar-Rivera v. United States

Good Law
United States District Court, Eastern District of CaliforniaAugust 30, 20231:21-cv-00868California610 words

Opinion

Trial Court Opinion

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

Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS AND DISMISSING

WITH PREJUDICE BIVENS CLAIM FOR

UNITED STATES, et al., FAILURE TO STATE A CLAIM

Defendants. (ECF No. 10)

ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

WITHOUT PREJUDICE FTCA CLAIM FOR

FAILURE TO STATE A CLAIM

19 (ECF No. 11) 20 21 22 Plaintiff Martin Neftali Aguilar-Rivera is a federal prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 16, 2023, the Magistrate Judge issued findings and recommendations, 13–14.) The findings and recommendations also noted that Plaintiff failed to state a negligence claim under the Federal Tort…

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