Brown v. United States Of America et al

Filing 8

ORDER granting 5 Motion to Substitute Party. The United States shall be substituted as a defendant for Ms. Pittman. Melinda Foskey Pittman terminated. Signed by Judge J. Randal Hall on 10/17/2016. (thb)

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IN THE UNITED FOR THE STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION TERICA BIANCA BROWN, * Individually, and as Next * Friend and Natural of C.B., Guardian * a minor, * Plaintiff, * * v. * UNITED STATES OF AMERICA, MELINDA FOSKEY PITTMAN, and CV 616-133 * * Defendants, ORDER Currently America's United Melinda before motion States to the Court is (Doc. substitute. wishes to be the 5.) substituted Foskey Pittman under 28 U.S.C. United States Specifically, as a defendant § 2679. of the for Section 2679 provides that a claim against the United States is the exclusive remedy for injuries sustained as a result of the acts or omissions of an employee of the United States acting within the scope of his or her employment. 28 U.S.C. § 2679(b). Accordingly, [u]pon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding States commenced district upon court such shall be claim in a United an deemed action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. 28 U.S.C. § 2679(d)(1). certified, see within scope the be the United 28 C.F.R. of States' SUBSTITUTED as Here, § 15.4, her United that employment. motion a the is defendant GRANTED. for Ms. Ms. (Dc. The States Attorney Pittman was has acting 5-1.) Accordingly, United States Pittman, and Ms. shall Pittman shall be TERMINATED as a party in this case. ORDER October, ENTERED at Augusta, Georgia this //*** day 2016. HONORABJftTJ. RANDAL HALE UNITED STATES SOUTHERN DISTRICT JUDGE DISTRICT OF GEORGIA of

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