Nadie v. United States Postal Serv.

Full title: YVES NADIE, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant.

Court: United States District Court, E.D. Pennsylvania

Date published: Nov 15, 2024

Civil Action 24-4049-KSM (E.D. Pa. Nov. 15, 2024)

Opinion

Civil Action 24-4049-KSM

11-15-2024

YVES NADIE, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant.

KAREN SPENCER MARSTON, J.

ORDER

KAREN SPENCER MARSTON, J.

AND NOW, this 15thday of November 2024, upon consideration of Defendant United States Postal Service's (“USPS”) motion to substitute, vacate, and dismiss (Doc. No. 11) and Plaintiff's opposition (Doc. No. 12), it is ORDERED that USPS's motion is GRANTED, as follows:

1. The United States of America is SUBSTITUTED as the only party defendant, and the Clerk of Court is DIRECTED to amend the caption accordingly.

2. The default judgment entered against USPS in the Magisterial District Court of Bucks County, Pennsylvania is VACATED.

3. The claim against USPS is DISMISSED WITH PREJUDICE.

4. The claim against the United States is DISMISSED WITHOUT PREJUDICE. Plaintiff may file a claim against the United States in a timely, separate, original action in this Court after exhausting his administrative remedies as explained in the accompanying memorandum. See 28 U.S.C. § 2401(b).

5. The Clerk of Court is DIRECTED to close this case.

IT IS SO ORDERED.