Lockmiller

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7

FOR THE NORTHERN DISTRICT OF CALIFORNIA

8 9 10 DAVID LOCKMILLER, No. C 19-04554 WHA 11 Plaintiff, 12 v. ORDER DISMISSING

AMENDED COMPLAINT

13 UNITED STATES, et al., 14 Defendants. / 15 16 In this tort action, pro se plaintiff David Lockmiller sues defendants based on alleged 17 violations of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671–80 and state law 18 (Dkt. No. 10 at 7–10). A prior order issued by Judge Sallie Kim granted plaintiff’s application 19 to proceed in forma pauperis and dismissed the complaint for failure to state a claim under 28 20 U.S.C. § 1915(e) (Dkt. No. 4).* That order gave plaintiff leave to amend the complaint by 21 September 16 (id. at 1), which plaintiff timely filed (Dkt. No. 10). 22 The following facts are taken from plaintiff’s amended complaint. Plaintiff alleges that 23 he purchased a “tainted lamb roast at Bryan’s Market in San Francisco” (id. at 4). On October 24 3, 2017, after consuming said meat and “[w]ithin hours of going to bed,” plaintiff vomited and 25 realized he was paralyzed in both…