discussed Cited as authority (rule) (PC) Donaldson v. Garland Plaintiff does not do so; 24 rather, he points to the delay in treatment, and simply incorporates his prior factual allegations. 25 For example, plaintiff alleges that defendant Potichkin insisted the surgery had to be cancelled for 26 5 While certain torts are excluded from the FTCA as a matter of law under 28 U.S.C. § 2680 (h), 27 the Ninth Circuit has held that “the tort of intentional infliction of emotional distress is not excluded.” Sheehan v. United States, 896 F.2d 1168, 1172 (9th Cir. 1990), as amended, 917 F.2d 28 424 (9th Cir. 1990). 1 plaintiff’s safety and security based on…