Barrientos

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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9 RUBEN BARRIENTOS, JR., Case No. 1:23-cv-01432-JLT-SAB

10 Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DENYING

11 v. DEFENDANT’S MOTION TO CERTIFY

EMPLOYMENT UNDER THE FEDERAL

12 DALE ALLAN WALKER, TORT CLAIMS ACT

13 Defendant. (ECF Nos. 12, 15, 16, 17)

14 OBJECTIONS DUE WITHIN FOURTEEN

DAYS

15 16 I. 17 INTRODUCTION 18 Currently before the Court is Defendant Dale Allen Walker’s (“Defendant”) motion to 19 certify he was acting within the course and scope of his employment with the Tule River Indian 20 Tribe (“Tribe”) while carrying out a self-determination contract pursuant to the Indian Self- 21 Determination and Education Assistance Act (“ISDEAA”) at the time of the motor vehicle 22 collision that forms the basis of the complaint. Because the United States has refused to certify 23 Defendant’s employment, Defendant petitions the Court under 28 U.S.C. § 2679(d)(3) to find 24 and…