Centeno v. Meeks et al

Filing 78

ORDER granting 72 Motion to Substitute Party. United States of America added. Dr Massa (Medical Doctor), J Meeks (Warden), Simmons (Assistance Warden), Mrs Urrea (HSA), Whitehurst (AHSA), Ray Burn (Capetian) and Luranth (Medical Director) terminated Signed by Magistrate Judge Thomas E Rogers, III on 09/18/2017.(dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

Alexis Centeno, #14146-055,

) C/A No. 4:16-1482-BHH-TER
)
)
Plaintiff,
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ORDER
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vs.
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Mr. J. Meeks, Warden; Mrs. Simmons, Assistance)
Warden; Mr. Ray Burn, Capetian; Mrs. Urrea, HSA;)
Mr. Whitehurst, AHSA; Dr. Luranth, Medical Director;)
)
Dr. Massa, Medical Doctor,
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)
Defendants.
____________________________________________)

Plaintiff Alexis Centeno, a federal prisoner proceeding pro se, filed this action
on May 6, 2016. An Order was entered by the court adopting and incorporating the
report and recommendation of the undersigned denying summary judgment with
respect to Plaintiff’s Bivens claim and giving Defendants forty-five (45) days to
supplement with Certification and file dispositive motions with regard to any FTCA
claims. (Doc. #67).
In the complaint, Plaintiff specifically alleges that he was attacked by inmate
Cabrera Manuael and suffered 1st and 2nd degree burns to his shoulders, ears, and was
bitten on this 4th ring finger. (See complaint). Plaintiff alleges that as a result of the
injuries, he received inadequate medical care at FCI Williamsburg which ultimately
lead to his 4th ring finger being amputated.

Presently before the court is a Motion for Substitution of Party. On August 9,
2017, the United States of America, pursuant to the Federal Tort Claims Act, 28
U.S.C. 2679(d)(1), filed a motion for substitution of party seeking to substitute the
United States as the sole defendant in this action in place of Defendants Meeks,
Simmons, Rayburn, Urrea, Whitehurst, Loranth, and Massa (hereinafter
“Defendants”). (Doc. #72). Defendants assert that the FTCA provides that “a suit
against the United States shall be the exclusive remedy for persons with claims for
damages resulting in the negligent or wrongful acts or omissions of federal employees
taken within the scope of their officer or employment” and that the two exceptions to
the exclusivity provisions which are codified at 28 U.S.C. 2679(b)(2) do not apply to
Plaintiff’s state law causes of action. (Doc. #72 at 2). Defendants also filed a
Certification of Scope of Employment asserting that with respect to allegations in the
complaint, that Defendants Meeks, Simmons, Rayburn, Urrea, Whitehurst, Loranth
and Massa were, at all times relevant hereto, for FTCA purposes, acting in the course
of their employment for any acts or omissions that occurred as alleged in the
complaint. (Doc. #71-1). Plaintiff did not file opposition to the motion for
substitution.
It is ordered that pursuant to the Federal Tort Claims Act, 28 U.S.C. 2679(d)(1),
the United States of America shall be substituted as the sole party defendant.
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IT IS SO ORDERED.

s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge

September 18, 2017
Florence, South Carolina

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