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Grillo v. U.S., 4:19CV00427 JCH. (2019)

Court: District Court, E.D. Missouri Number: infdco20190613c63 Visitors: 11
Filed: Jun. 12, 2019
Latest Update: Jun. 12, 2019
Summary: MEMORANDUM AND ORDER JEAN C. HAMILTON , District Judge . This matter is before the Court on the Motion of Jeffery B. Jensen, United States Attorney for the Eastern District of Missouri, and Jane Berman Shaw, Assistant United States Attorney for Said District to Dismiss William P. Barr and the United States Postal Service. (ECF No. 6). The Plaintiff has not responded. The motion is fully briefed and ready for disposition. Defendant contends that Defendant Barr and Defendant United States P
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MEMORANDUM AND ORDER

This matter is before the Court on the Motion of Jeffery B. Jensen, United States Attorney for the Eastern District of Missouri, and Jane Berman Shaw, Assistant United States Attorney for Said District to Dismiss William P. Barr and the United States Postal Service. (ECF No. 6). The Plaintiff has not responded. The motion is fully briefed and ready for disposition.

Defendant contends that Defendant Barr and Defendant United States Postal Service are improper parties in a Federal Tort Claims Act case and should be dismissed. All actions brought pursuant to the FTCA must be brought against the United States of America and not in the name of the allegedly negligent agency, entity or employee. 28 U.S.C. §§ 2671-2680; 28 U.S.C. § 1346(b). Therefore, this case is dismissed as to Defendant Barr and Defendant United States Postal Service.

Accordingly,

IT IS HEREBY ORDERED that Defendant's Motion to Dismiss Parties (ECF No. 6) is GRANTED.

Source:  Leagle

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