Ross v. Merlak

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CURTIS ROSS, ) Case No. 4:19-cv-899 ) Plaintiff, ) ) MAGISTRATE JUDGE v. ) THOMAS M. PARKER ) STEVEN MERLAK, WARDEN, et al. ) ) ORDER Defendants. ) ) This matter is before the court1 on Defendant Kenneth Pingatore’s (“Officer Pingatore”) motion for an order pursuant to the Westfall Act, 28 U.S.C. § 2679(d)(3), certifying that he was acting within the scope of his employment at the time of the incident out of which plaintiff Curtis Ross’s claim against him arose. ECF Doc. 57. Because the Westfall Act has not been…