LeFever et al v. United States of America

Filing 36

ORDER THAT:(1) Richard Roses Motion for Leave to Proceed In Forma Pauperis 4 isconstrued as a motion to proceed without full prepayment of fees and costs, andis GRANTED.(2) Robert Cummings Motion for Leave to Proceed In Forma Pauperis 6 isconstru ed as a motion to proceed without full prepayment of fees and costs, andis GRANTED.(3) Christopher Lefevers Motion for Leave to Proceed In Forma Pauperis 11 is construed as a motion to proceed without full prepayment of fees andcosts, and is GRANTE D.(4) Daniel Greatwalkers Motion for Leave to Proceed In Forma Pauperis 13 is construed as a motion to proceed without full prepayment of fees and costs,and is GRANTED.(5) The Motion for Extension of Time to File Brief 8 is DENIED as mootbecause P laintiffs have since filed a motion and brief in support of their claims 18 , 19 .(6) Plaintiffs Petition for Relief Under the Federal Tort Claims Act 18 ,construed as a motion for summary judgment, is DENIED without prejudiceto re-filing at the p roper time in this litigation after Defendant has been servedand in accordance with the Federal Rules of Civil Procedure and this CourtsLocal Rules.(7) Virgil Bigays Motion to Join as Plaintiff to the Complaint 15 isGRANTED. The Clerk of Court is d irected to amend the docket to reflectVirgil Bigay as a Plaintiff to this action.(8) Plaintiffs Motion for Summary Judgment 23 , identified as a Motion forDefault Judgment on the docket, is DENIED without prejudice to re-filing atthe proper time in this litigation after Defendant has been served and inaccordance with the Federal Rules of Civil Procedure and this Courts LocalRules.(9) Plaintiffs Motion to Amend the Complaint to include David Ebbert, AndrewEdinger, and Jennifer Seroski as Defenda nts 29 is DENIED because theComplaint asserts only claims under the Federal Tort Claims Act and the FTCAauthorizes suits only against the United States itself, not individual defendantsor agencies. Gary v. Pa. Human Relations Commn, 497 F. Appx 223 , 228 (3dCir. 2012); see also CNA v. United States, 535 F.3d 132, 138 n.2 (3d Cir. 2008)(The Government is the only proper defendant in a case brought under theFTCA.); Rankin v. Bledsoe, No. 11-2352, 2012 WL 1965668, at *2 (M.D. Pa.May 31, 2012).(10) The United States Marshal is directed to serve Plaintiffs Complaint (Doc. 1) onthe named Defendant.(11) The Motion to Serve Defendant 33 is DENIED as moot by Judge Caputo

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHRISTOPHER LEFEVER, et al.,
NO. 3:17-CV-1499

Plaintiffs,
v.

(JUDGE CAPUTO)

UNITED STATES OF AMERICA,
Defendant.
ORDER
NOW, this 18th day of October, 2018, IT IS HEREBY ORDERED that:
(1)

Richard Rose’s Motion for Leave to Proceed In Forma Pauperis (Doc. 4) is
construed as a motion to proceed without full prepayment of fees and costs, and
is GRANTED.

(2)

Robert Cummings’ Motion for Leave to Proceed In Forma Pauperis (Doc. 6) is
construed as a motion to proceed without full prepayment of fees and costs, and
is GRANTED.

(3)

Christopher Lefever’s Motion for Leave to Proceed In Forma Pauperis (Doc.
11) is construed as a motion to proceed without full prepayment of fees and
costs, and is GRANTED.

(4)

Daniel Greatwalker’s Motion for Leave to Proceed In Forma Pauperis (Doc. 13)
is construed as a motion to proceed without full prepayment of fees and costs,
and is GRANTED.

(5)

The Motion for Extension of Time to File Brief (Doc. 8) is DENIED as moot
because Plaintiffs have since filed a motion and brief in support of their claims
(Docs. 18-19).

(6)

Plaintiffs’ Petition for Relief Under the Federal Tort Claims Act (Doc. 18),
construed as a motion for summary judgment, is DENIED without prejudice
to re-filing at the proper time in this litigation after Defendant has been served

and in accordance with the Federal Rules of Civil Procedure and this Court’s
Local Rules.
(7)

Virgil Bigay’s Motion to Join as Plaintiff to the Complaint (Doc. 15) is
GRANTED. The Clerk of Court is directed to amend the docket to reflect
Virgil Bigay as a Plaintiff to this action.

(8)

Plaintiffs’ Motion for Summary Judgment (Doc. 23), identified as a Motion for
Default Judgment on the docket, is DENIED without prejudice to re-filing at
the proper time in this litigation after Defendant has been served and in
accordance with the Federal Rules of Civil Procedure and this Court’s Local
Rules.

(9)

Plaintiffs’ Motion to Amend the Complaint to include David Ebbert, Andrew
Edinger, and Jennifer Seroski as Defendants (Doc. 29) is DENIED because the
Complaint asserts only claims under the Federal Tort Claims Act and “the FTCA
authorizes suits only against the United States itself, not individual defendants
or agencies.” Gary v. Pa. Human Relations Comm’n, 497 F. App’x 223, 228 (3d
Cir. 2012); see also CNA v. United States, 535 F.3d 132, 138 n.2 (3d Cir. 2008)
(“The Government is the only proper defendant in a case brought under the
FTCA.”); Rankin v. Bledsoe, No. 11-2352, 2012 WL 1965668, at *2 (M.D. Pa.
May 31, 2012).

(10) The United States Marshal is directed to serve Plaintiff’s Complaint (Doc. 1) on
the named Defendant.
(11) The Motion to Serve Defendant (Doc. 33) is DENIED as moot.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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