Cluff
Cluff v. United States Customs and Border Protection
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GARRETT JAMES CLUFF, Case No.: 21cv115-L-LL
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS WITH LEAVE TO AMEND UNITED STATES CUSTOMS AND BORDER PROTECTION et al., 15 Defendants.
Pending before the Court in this action under the Federal Tort Claims Act, 28 U.S.C. §§1346(b) & 2671-2680 ("FTCA"), is a motion filed by the United States (“Government”) to dismiss for lack of subject matter jurisdiction and for failure to state a claim. Fed. R. Civ. Proc. 12(b)(1), (6). Plaintiff filed an opposition and the Government replied. For the reasons stated below, the Government's motion is granted with leave to amend. I. Background In his operative first amended complaint Plaintiff alleges a personal injury negligence action arising from a vehicle accident allegedly caused by Gary M. Richards, a United States Customs and Border Protection (“USCBP”) employee while operating a USCBP vehicle. (See ECF no. 5…