Barrientos

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RUBEN BARRIENTOS, JR., ) Case No.: 1:23-cv-1432 JLT SAB ) Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS DENYING v. ) DEFENDANT’S MOTION TO CERTIFY ) EMPLOYMENT UNDER THE FEDERAL TORT DALE ALLAN WALKER, ) CLAIMS ACT AND REMANDING ACTION TO ) TULARE COUNTY SUPERIOR COURT Defendant. ) ) (Docs. 12 and 20) )

Ruben Barrientos, Jr. filed the instant action against Dale Allen Walker in Tulare County Superior Court. (Doc. 1-1.) Walker alleges he was acting within the course and scope of his employment with the Tule River Indian Tribe while carrying out a self-determination contract pursuant to the Indian Self-Determination and Education Assistance Act (“ISDEAA”) at the time of the vehicle collision that forms the basis of the complaint. Walker requests the Court “find and certify that he was acting within the scope of his employment” under the Federal Tort Claims…