McClendon v. Federal Bureau of Investigation, 2:17-CV-02282 TLN-KJN. (2018)
Court: District Court, E.D. California
Number: infdco20180423645
Visitors: 15
Filed: Apr. 20, 2018
Latest Update: Apr. 20, 2018
Summary: CERTIFICATION OF SCOPE OF FEDERAL EMPLOYMENT AND ORDER TROY L. NUNLEY , District Judge . The undersigned, David Shelledy, Chief of the Civil 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 Au'Jeantae McClendon in this action. 2. On the basis
Summary: CERTIFICATION OF SCOPE OF FEDERAL EMPLOYMENT AND ORDER TROY L. NUNLEY , District Judge . The undersigned, David Shelledy, Chief of the Civil 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 Au'Jeantae McClendon in this action. 2. On the basis ..
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CERTIFICATION OF SCOPE OF FEDERAL EMPLOYMENT AND ORDER
TROY L. NUNLEY, District Judge.
The undersigned, David Shelledy, Chief of the Civil 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 Au'Jeantae McClendon in this action.
2. On the basis of the information now available to me, Defendant Brenda Huckaby was an employee of the United States and was 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, is 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 in lieu of Brenda Huckaby, who should be dismissed pursuant to her official immunity.
IT IS SO ORDERED.
Source: Leagle
