Marley v. Ibelli

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the decision of said district court be and it hereby is AFFIRMED.

Plaintiff-appellant J. Craig Marley appeals from the district court’s October 31, 2001 judgment granting the motion of defendants-appellees Juliette Ibelli and Cordelia Rose to substitute defendant-appellee the United States as the named defendant under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq., and, following substitution, to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim. The…