(PC) Willis v. United States

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENTRELL WILLIS, Case No. 1:19-cv-00761-BAM 12 Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION FOR SUMMARY JUDGMENT

13 v. (ECF No. 50) 14 UNITED STATES OF AMERICA,

15 Defendant.

16 17 I. BACKGROUND 18 Plaintiff Kentrell Willis (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 19 pauperis in this civil action pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401, 20 et seq. Plaintiff seeks monetary damages from the United States of America (“Defendant”) for 21 alleged sexual assault and negligence arising out of events at the United States Penitentiary, 22 Atwater. (ECF No. 1.) The parties have consented to the jurisdiction of the United States 23 Magistrate Judge for all purposes, including trial and entry of judgment. (ECF No. 49.) 24 On February 28, 2022, Defendant filed a motion for summary judgment on the grounds 25 that (1) Plaintiff did not timely file his complaint in this action following denial of administrative 26 …