Gutierrez-Castro v. United States Of America

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's Motion for Leave to Proceed In Forma Pauperis 2 is GRANTED. Plaintiff's Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. Plaintiff shall be granted leave to file an Amended Compla int alleging facts in support of his Federal Tort Claims Act claim. Plaintiff already having filed an Amended Complaint (Doc. 9) the case is remanded to Magistrate Judge Carlson for re-screening pursuant to 28 U.S.C. 1915(e). Signed by Honorable Robert D. Mariani on 2/13/13. (lh)

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