Opinion
Civil No. 04cv1319-H (RBB).
September 28, 2005
CAROL C. LAM, United States Attorney,
BETH A. CLUKEY, Assistant U.S. Attorney, California State, Office of the U.S. Attorney Federal Office Building, San Diego, California, Attorneys for Federal Defendant, FBI Agent Troy D. Smoot.
ORDER OF SUBSTITUTION
Upon review and consideration of the Notice of Substitution of United States of America filed herein by the United States of America and it appearing to the Court that this is a tort action against Defendant FBI Agent Troy D. Smoot arising out of actions certified by the Attorney General of the United States to have been taken within the scope of his position and employment as a federal employee,
IT IS ORDERED, pursuant to 28 U.S.C. § 2679(d), that the United States of America shall be substituted as the sole Defendant herein, in place of Defendant FBI Agent Troy D. Smoot, and that the title of the action be amended accordingly.
IT IS FURTHER ORDERED that as to Defendant Troy D. Smoot, this action is dismissed, with prejudice, pursuant to 28 U.S.C. § 2679(d)(2).