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)

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