Opinion
CIVIL 1:23-CV-01646
03-22-2024
ANDREA LAVELLE VICKERS #16301-006, Plaintiff v. C O MCDOWELL ET AL, Defendants
SEC P
PEREZ-MONTES, MAGISTRATE JUDGE
ORDER
ROBERT R. SUMMERHAYS, JUDGE
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 “[i]t 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 Order.