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Selfa v. U.S., 2:17-cv-01819 MCE-CKD. (2018)

Court: District Court, E.D. California Number: infdco20180316a89 Visitors: 5
Filed: Mar. 14, 2018
Latest Update: Mar. 14, 2018
Summary: CERTIFICATION OF SCOPE OF FEDERAL EMPLOYMENT; ORDER MORRISON C. ENGLAND, JR. , District Judge . The undersigned, Edward A. Olsen, Chief of the Civil Defensive Litigation Division of the Office of the United States Attorney for the Eastern District of California, pursuant to the provisions of 28 U.S.C. 2679(d) and 28 C.F.R. 15.4, and by virtue of the authority delegated to him by the United States Attorney, hereby certifies: 1. I have read the complaint filed by Rick Selfa in this actio
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CERTIFICATION OF SCOPE OF FEDERAL EMPLOYMENT; ORDER

The undersigned, Edward A. Olsen, Chief of the Civil Defensive Litigation Division of the Office of the United States Attorney for the Eastern District of California, pursuant to the provisions of 28 U.S.C. § 2679(d) and 28 C.F.R. § 15.4, and by virtue of the authority delegated to him by the United States Attorney, hereby certifies:

1. I have read the complaint filed by Rick Selfa in this action.

2. On the basis of the information now available to me, Defendants Heidi Rieck and Charles Brooks were employees of the United States and were acting within the scope of such employment at the time of the alleged incident giving rise to the complaint, and so, by operation of law, are entitled to the official immunity of the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680.

3. This certification, by operation of 28 U.S.C. § 2679(d)(1), effects the substitution of the United States as the proper defendant for Plaintiff's tort claims in lieu of Heidi Rieck and Charles Brooks, who should be dismissed as to Plaintiff's tort claims pursuant to their official immunity.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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