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Fowler v. Gutierrez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 2, 2009

LARRY FOWLER, PLAINTIFF,
v.
JOSE G. GUTIERREZ, POSTMASTER, BARBARA SANCHEZ, GWEN MURRY, JANIS L. BUONARATI, DOES 1 TO 5, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

STIPULATION RE: IDENTIFICATION OF PROPER PARTY DEFENDANT AND ORDER

Plaintiff Larry Fowler ("Plaintiff") and defendant United States of America ("Defendant"), stipulate as follows:

Plaintiff has named Jose Gutierrez, Postmaster Barbara Sanchez, Gwen Murry and Janis L. Buonarati as individually-named defendants in this tort action. However, the only proper federal defendant in this case is the United States of America. See 28 U.S.C. § 1346(b)(1). Plaintiff and Defendant agree that the individually named Defendants are not proper parties to this action and the only proper defendant is the United States of America. Accordingly, Plaintiff and Defendant agree to substitute the United States as the defendant in this action in place of the individually named defendants. The parties further agree to revise the caption in this action to read Larry Fowler v. United States of America.

Respectfully submitted,

Larry Fowler Acting United States Attorney (As authorized 05/29/09)

LARRY FOWLER ALYSON A. BERG Pro Se Plaintiff Attorneys for Defendant

ORDER

IT IS SO ORDERED.

20090602

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