Williams v. United States

Williams v. United States

Plaintiff:	Linda Williams
Defendant:	United States
Case Number:	1:2016cv01754
Filed:	April 7, 2016
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Pamela K. Chen
Presiding Judge:	Robert M. Levy
Nature of Suit:	Other Statutory Actions
Cause of Action:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
April 15, 2016	Filing 4 ORDER denying 2 Motion for Leave to Proceed in forma pauperis: For the reasons in the attached Memorandum and Order, the Court directs Plaintiff to pay the filing fee of $400 to the Clerk of Court, Eastern District of New York, within f ourteen (14) days from the date of this Order, if she wishes to proceed with this action. If the filing fee is paid, the Clerk of Court shall prepare a summons and Plaintiff shall effect service pursuant to Rule 4 of the Federal Rules of Civil Proce dure. If Plaintiff fails to comply with this Order within the time allowed, this action will be dismissed without prejudice. Moreover, the form complaint filed by Plaintiff, which asserts a claim solely under the Federal Tort Claims Act (FTCA), ide ntifies the defendant as Juan R. Diaz. However, because the FTCA only authorizes suits against the United States and not against federal agencies or individuals, the only proper defendant for this action is the United States. Rivera v. United Sta tes, 928 F.2d 592, 609 (2d Cir. 1991) (The only proper federal institutional defendant in such an action is the United States.); 28 U.S.C. § 2679(a)(1) and (d)(1). The Clerk of Court is directed to amend the caption as set forth above. Ordered by Judge Pamela K. Chen on 4/15/2016. (Merin, Eric)

Date Filed

Document Text

April 15, 2016

Filing 4 ORDER denying 2 Motion for Leave to Proceed in forma pauperis: For the reasons in the attached Memorandum and Order, the Court directs Plaintiff to pay the filing fee of $400 to the Clerk of Court, Eastern District of New York, within f ourteen (14) days from the date of this Order, if she wishes to proceed with this action. If the filing fee is paid, the Clerk of Court shall prepare a summons and Plaintiff shall effect service pursuant to Rule 4 of the Federal Rules of Civil Proce dure. If Plaintiff fails to comply with this Order within the time allowed, this action will be dismissed without prejudice. Moreover, the form complaint filed by Plaintiff, which asserts a claim solely under the Federal Tort Claims Act (FTCA), ide ntifies the defendant as Juan R. Diaz. However, because the FTCA only authorizes suits against the United States and not against federal agencies or individuals, the only proper defendant for this action is the United States. Rivera v. United Sta tes, 928 F.2d 592, 609 (2d Cir. 1991) (The only proper federal institutional defendant in such an action is the United States.); 28 U.S.C. § 2679(a)(1) and (d)(1). The Clerk of Court is directed to amend the caption as set forth above. Ordered by Judge Pamela K. Chen on 4/15/2016. (Merin, Eric)

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Defendant: United States
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Plaintiff: Linda Williams
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