Skellham et al v. United States of America et al
ORDER by Magistrate Judge Charles S. Miller, Jr. granting 12 Motion to Substitute Party. United States substituted for Tammy Dunlop and USPS. (BG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Mark A. Skellham and Belinda L.
United States of America d/b/a United
States Postal Service, Tammy Dunlop,
Triple R and Sons LLC, a Montana
limited liability company, and Joe
Case No. 1:17-cv-091
Before the court is the United States’ Notice of Substitution for Defendants Tammy Dunlop
and United States Postal Service, which it filed on July 19, 2017. The United States has certified
that Tammy L. Johnson f/n/a Tammy Dunlop was acting within the scope of her office or
employment during the incidents alleged in the Complaint. It further avers that by operation of law,
specifically 28 U.S.C. § 2679(d)(1), it is substituted for Dunlop as defendant in this action. Finally,
it avers that it should be substituted in place of the United States Postal Service as the Federal Tort
Claims Act does not authorize suits against federal agencies. It requests that the court amend the
caption of the above-entitled action accordingly.
The court GRANTS the United States’ request (Docket No. 12). The United States shall
be substituted for Defendants Tammy L. Johnson f/n/a Tammy Dunlop and the United States Postal
Service. The caption shall be amended accordingly.
IT IS SO ORDERED.
Dated this 28th day of July, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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