Summary
finding that the alleged defamation occurred under color of office because the defendant's only contact with the plaintiff occurred while he was working as a correctional officer at a federal institution
Summary of this case from Sherrill v. CleaveOpinion
2:08CV00186 SWW/JTR.
June 8, 2009
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED THAT:
1. Plaintiff Phinney's Motion to Remand (docket entry #4) is DENIED.
2. Defendant's Motion to Substitute the United States as the Party Defendant and to Dismiss the Complaint (docket entry #10) is GRANTED, and this case is DISMISSED, WITH PREJUDICE.
3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith.