Barrientos

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 RUBEN BARRIENTOS, JR., ) Case No.: 1:23-cv-1432 JLT SAB ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS DENYING 13 v. ) DEFENDANT’S MOTION TO CERTIFY ) EMPLOYMENT UNDER THE FEDERAL TORT 14 DALE ALLAN WALKER, ) CLAIMS ACT AND REMANDING ACTION TO ) TULARE COUNTY SUPERIOR COURT 15 Defendant. ) ) (Docs. 12 and 20) 16 )

17 Ruben Barrientos, Jr. filed the instant action against Dale Allen Walker in Tulare County 18 Superior Court. (Doc. 1-1.) Walker alleges he was acting within the course and scope of his 19 employment with the Tule River Indian Tribe while carrying out a self-determination contract pursuant 20 to the Indian Self-Determination and Education Assistance Act (“ISDEAA”) at the time of the vehicle 21 collision that forms the basis of the complaint. Walker requests the Court “find and certify that he was 22 acting within the scope of his employment” under the Federal Tort Claims…