Townsend v. USA

Filing 5

ORDER granting 2 deft's Motion to Dismiss and dismissing the complaint without prejudice. Signed by Judge Kristine G. Baker on 2/25/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
TAMARA TOWNSEND
v.

PLAINTIFF
Case No. 4:12-cv-722-KGB

UNITED STATES OF AMERICA

DEFENDANT

ORDER OF DISMISSAL
Plaintiff Tamara Townsend brings this action against the United States of America
pursuant to the Federal Tort Claims Act alleging legal malpractice against Assistant Federal
Public Defender Christopher A. Tarver, who was her appointed counsel in a previous federal
criminal case. The United States has moved to dismiss the complaint for lack of subject matter
jurisdiction (Dkt. No. 2).
In response, Ms. Townsend concedes that “the Federal Public Defender Organization is
not an employee of the government when . . . perform[ing] professional services in the course of
providing professional representation under Section 3006A of Title 18, U.S.C. 2671” (Dkt. No.
4). Ms. Townsend also concedes that the alleged “acts of negligence by AFPD Tarver [are]
excepted from the Federal Tort Claims Act” (Dkt. No. 4). Finally, Ms. Townsend requests that
the Court dismiss the complaint without prejudice.
The United States’ motion to dismiss is conceded and granted (Dkt. No. 2). Accordingly,
Ms. Townsend’s complaint is dismissed without prejudice.

Judgment will be entered

accordingly.
SO ORDERED this the 25th day of February, 2013.

____________________________________
Kristine G. Baker
United States District Judge