Barrientos

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DENYING

v. DEFENDANT’S MOTION TO CERTIFY

EMPLOYMENT UNDER THE FEDERAL

DALE ALLAN WALKER, TORT CLAIMS ACT

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

OBJECTIONS DUE WITHIN FOURTEEN

DAYS

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