Vickers v. Mcdowell

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION ANDREA LAVELLE VICKERS CIVIL DOCKET NO. 1:23-CV-01646 #16301-006, SEC P Plaintiff VERSUS JUDGE ROBERT R. SUMMERHAYS C O MCDOWELL ET AL, MAGISTRATE JUDGE PEREZ-MONTES Defendants ORDER Pro se Plaintiff Andrea Lavelle Vickers (“Vickers”) filed suit pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) and the Federal Tort Claims Act (“FTCA”). Vickers’s Bivens claims have been denied and dismissed, leaving only the FTCA claim. ECF No. 19, 20.

The only proper defendant in an FTCA case is the United States. Galvin v. Occupational Safety & Health Admin., 860 F.2d 181, 183 (5th Cir. 1988) (holding □□□□□ is beyond dispute that the United States, and not the responsible agency or employee, is the proper party defendant in a Federal Tort Claims Act suit.”). Therefore, to proceed with his case, Vickers must file a Motion to substitute the United States as the Defendant. IT IS ORDERED that Vickers comply within 60 days of this Qrder.

SIGNED on Friday, March 22, 2024.

7 fe JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE