David Jay Sterling v. United States

David Jay Sterling, a federal inmate, appeals from the district court’s order dismissing for failure to prosecute his action brought under the Federal Tort Claims Act (FTCA). We reverse and remand.

In June 1989, after exhausting his administrative remedies, Sterling filed this action in forma pauperis under the FTCA in the District Court for the Central District of California, against employees of the United States Bureau of Prisons at Leavenworth, Kansas (defendants). Sterling, who was then incarcerated at Lompoc, California, alleged that, while he was imprisoned at the U.S. Penitentiary at…