Hayden et al v. United States of America et al

Filing 12

Certification of Scope of Federal Employment and ORDER, signed by Magistrate Judge Jennifer L. Thurston on 7/21/17. (Marrujo, C)

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1 PHILLIP A. TALBERT United States Attorney 2 CHI SOO KIM Assistant United States Attorney 3 501 I Street, Suite 10-100 4 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Facsimile: (916) 554-2900 6 Attorneys for Defendant United States 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 ANGELA L. HAYDEN; JOSHUA D. BUTTRAM, Plaintiffs, 13 14 15 16 CASE NO. 1:17-cv-00517 JLT CERTIFICATION OF SCOPE OF FEDERAL EMPLOYMENT AND [PROPOSED] ORDER (Doc. 11) v. UNITED STATES OF AMERICA; ASHLEY MILLER; and DOES 1 TO 50 Inclusive, 17 Defendants. 18 19 20 21 22 23 The undersigned, Edward A. Olsen, Chief of the Defensive Litigation Division of the Office of the United States Attorney for the Eastern District of California, pursuant to the provisions of 28 U.S.C. § 2679(d) and 28 C.F.R. § 15.4, and by virtue of the authority delegated to him by the United States Attorney, hereby certifies: 24 25 1. I have read the complaint filed by Angela L. Hayden and Joshua D. Buttram in this action. 26 27 28 CERTIFICATION OF SCOPE OF FEDERAL EMPLOYMENT AND [PROPOSED] ORDER 29 30 Hayden v. United States, No. 1:17-cv-00517 JLT 1 1 2. On the basis of the information now available to me, Defendant Ashley Miller was an 2 employee of the United States and was acting within the scope of such employment at the time of the 3 alleged incident giving rise to the complaint, and so, by operation of law, is entitled to the official 4 immunity of the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. 5 3. This certification, by operation of 28 U.S.C. § 2679(d)(1), effects the substitution of 6 the United States as the proper defendant in lieu of Ashley Miller, who should be dismissed pursuant 7 to her official immunity. 8 9 Dated this 21st day of July 2017. /s/ Edward A. Olsen EDWARD A. OLSEN Assistant United States Attorney Chief, Defensive Litigation Division 10 11 12 13 14 ORDER 15 16 Based upon the certification according to 28 U.S.C. § 2679(d)(1), the United States of 17 America is substituted foe Ashley Miller. The Clerk of the Court is DIRECTED to close this action 18 as to Ms. Miller. 19 20 21 IT IS SO ORDERED. Dated: July 21, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 CERTIFICATION OF SCOPE OF FEDERAL EMPLOYMENT AND [PROPOSED] ORDER 29 30 Hayden v. United States, No. 1:17-cv-00517 JLT 2

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