United States District Court, S.D. Illinois
October 3, 2005.
ANDREW FIELDS, Plaintiff,
FEDERAL BUREAU OF PRISONS and LIEUTENANT MILIAR, Defendants.
The opinion of the court was delivered by: J. GILBERT, District Judge
MEMORANDUM AND ORDER
Plaintiff, an inmate currently in the Northern Correctional
Institution in Somers, Connecticut, brings this action pursuant
to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346,
2671-2680. Plaintiff previously was granted leave to proceed in
forma pauperis, and he was not required to pay an initial
partial filing fee as ordered.
This action seeks $20.95 damages to compensate for the loss or
confiscation of Plaintiff's personal property, which occurred
while he was incarcerated in the United States Penitentiary in
Marion, Illinois. From the pleadings and exhibits, it appears at
this time that Plaintiff has exhausted his administrative
remedies. See 28 U.S.C. § 2675(a).
Plaintiff has named the Federal Bureau of Prisons and
Lieutenant Miliar as defendants in this action. However, in an
action under the FTCA, the United States of America is the only
proper defendant. See 28 U.S.C. § 2679(b); FDIC v. Meyer,
127 L.Ed.2d 308, 317 (1994); Hughes v. United States, 701 F.2d 56,
58 (7th Cir. 1982).
IT IS HEREBY ORDERED that the United States of America is
SUBSTITUTED as Defendant in this action.
IT IS FURTHER ORDERED that Defendants FEDERAL BUREAU OF
PRISONS and LIEUTENANT MILIAR are hereby DISMISSED from this
action without prejudice.
IT IS FURTHER ORDERED that in all future pleadings, the title
of this case shall be "Andrew Fields, Plaintiff, vs. United
States of America, Defendant."
IT IS FURTHER ORDERED that Plaintiff shall complete and
submit a USM-285 form for the ATTORNEY GENERAL of the UNITED
STATES and for the UNITED STATES ATTORNEY for the SOUTHERN
DISTRICT OF ILLINOIS within THIRTY (30) DAYS of the date of
entry of this Memorandum and Order. The Clerk is DIRECTED to
send Plaintiff TWO (2) USM-285 forms with Plaintiff's copy of
this Memorandum and Order. Plaintiff is advised that service
will not be made on a defendant until Plaintiff submits a
properly completed USM-285 form for that defendant.
IT IS FURTHER ORDERED that the United States Marshal shall
serve a copy of the Complaint, Summons, and this Order upon the
United States Attorney for the Southern District of Illinois and
upon the Attorney General of the United States at Washington,
D.C., pursuant to Rule 4(i) of the Federal Rules of Civil
Procedure. All costs of service shall be advanced by the United
IT IS FURTHER ORDERED that Plaintiff shall serve upon the
United States Attorney for the Southern District of Illinois, a
copy of every further pleading or other document submitted for
consideration by this Court. He shall include, with the original
paper to be filed with the Clerk of the court, a certificate
stating the date that a true and correct copy of any document was
mailed to the United States Attorney. Any paper received by a
district judge or magistrate which has not been filed with the Clerk or which fails to include a certificate of
service will be disregarded by the Court.
IT IS FURTHER ORDERED that pursuant to Local Rule 72.1(a)(2),
this cause is referred to a United States Magistrate Judge for
further pre-trial proceedings.
IT IS FURTHER ORDERED that this entire matter be referred to
a United States Magistrate Judge for disposition, as contemplated
by Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), should all the
parties consent to such a referral.
IT IS SO ORDERED.
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