Funches v. USA

a UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION CECIL LESHAUN FUNCHES #17704- CIVIL DOCKET NO. 1:24-CV-00527 003, SEC P Plaintiff VERSUS JUDGE EDWARDS USA ET AL, MAGISTRATE JUDGE PEREZ-MONTES Defendants

MEMORANDUM ORDER Before the Court is a Complaint filed by pro se Plaintiff Cecil Leshaun Funches (“Funches”). ECF No. 1. Funches is incarcerated at the Federal Correctional Institution in Pollock, Louisiana (“FCI-P”). He seeks damages under 1 and the Federal Tort Claims Act (“FTCA”) related to dental care.

Because additional information is needed to evaluate the Complaint, Funches must AMEND.

I. Background Funches alleges that he was prescribed medication for a tooth abscess and cellulitis between June 22, 2021, and March 17, 2022. ECF No. 1 at 3-4. During that time, he was often “denied access to the pill line” to pick up his medication. He also alleges malpractice by Dr. Flowers.

1 1In , 403 U.S. 388 (1971), the United Sates Supreme Court recognized that certain circumstances may give rise to a private cause of action against federal officials that is comparable to the statutory cause of action permitted against state officials by 42 U.S.C. § 1983.

II. Analysis Funches filed a tort claim with the Bureau of Prisons on October 15, 2023. ECF No. 1-2 at 1. A response was expected by April 14, 2024. Jd. The record does not provide whether Funches has received a response to his tort claim, or whether it remains outstanding.

Ill. Conclusion IT IS ORDERED that Funches AMEND the Complaint to state whether he has received a response to his tort claim and to provide a copy of any response he rgceived.

SIGNED on Friday, July 26, 2024.

THe JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE