Jackson v. Neuger

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendant moves to substitute the United States as defendant pursuant to 28 U.S.C. § 2679(d)(1). Plaintiff moves to remand this action to state court. The issues are adequately briefed and oral argument will not materially assist their resolution. The attorney general’s designee certified here that Neuger was acting within the scope of his employment at the time of plaintiff's allegations. Because this certification is conclusive for purposes of substitution and removal, defendant’s motion is granted and plaintiff’s motion is denied.…