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John Carey and Byron Carey v. Deputy United States Marshal Jason Garcia and Internal Revenue Service

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 13, 2011

JOHN CAREY AND BYRON CAREY, PLAINTIFFS,
v.
DEPUTY UNITED STATES MARSHAL JASON GARCIA AND INTERNAL REVENUE SERVICE OFFICER DOUGLAS MCDONALD, DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

Presented by:

ORDER OF SUBSTITUTION OF PARTIES

The United States of America ("United States") has filed a Certification, signed by the designee of the Attorney General of the United States, that defendants Jason Garcia and Douglas McDonald were each acting within the scope of their respective employment at the time of the incidents giving rise to the plaintiffs' Complaint. Under 28 U.S.C. -§ 2679, the United States is automatically substituted as a party-defendant for each of the two individual officers.

WHEREFORE it is hereby ORDERED:

1. Pursuant to 28 U.S.C. -§ 2679, the United States is substituted as a party-defendant in place of the individual defendants Jason Garcia and Douglas McDonald; and

2. The caption of this action shall be amended to reflect the substitution of the United States as the sole party-defendant with respect to all of the plaintiffs' claims under the Complaint; and

3. The plaintiffs' claims against Jason Garcia and Douglas McDonald individually are hereby DISMISSED WITH PREJUDICE because, under 28 U.S.C. -§-§ 2679(b) and (d), the plaintiffs' exclusive remedy is a claim against the United States and the United States has been substituted as party-defendant for the individual defendants.

IT IS SO ORDERED.

20110113

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