Not Afraid et al v. Reyes et al

Filing 31

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the 26 FINDINGS AND RECOMMENDATIONS entered by the United States Magistrate Judge are ADOPTED IN FULL. IT IS HEREBY ORDERED that the United States 13 MOTION to Dismiss for Lack of Jurisdiction is GRANTED and Individual Defendants 18 Motion to Dismiss is Granted as to Count 1. Signed by Judge Susan P. Watters on 10/14/2020. (EMH)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

LEROY NOT AFRAID and GINGER

GOES AHEAD,

CV 19-100-BLG-SPW

Plaintiffs,
ORDER RE MOTION TO
SUBSTITUTE and

vs.

ADOPTING MAGISTRATE'S

UNITED STATES OF AMERICA,

FINDINGS AND

and LOUISE ZOKAN-DELOS

RECOMMENDATIONS

REYES,in her official and individual

capacity, and JO-ELLEN CREE,in her
official and individual capacity.
Defendants.

I.

Motion to Substitute Party

On September 21,2020, Defendant United States filed a motion to substitute

itself for Louise Zokan-Delos Reyes and Jo-Ellen Cree ("Individual Defendants").
(Doc. 28). In accordance with the Westfall Act,the Attorney General has the
power to certify when an employee ofthe United States acted within the scope of

his or her employment. 28 U.S.C § 2679(d)(1). That power has been delegated to
United States Attorneys. See 28 C.F.R. § 154.

On September 21,2020, United States Attorney for the District of Montana

Kurt Alme certified that the Individual Defendants acted within the scope oftheir

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