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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : JOSEPH P. MESSINO : v. : Civil Action No. DKC 2001-3013 : RONALD M. McBRIDE : MEMORANDUM OPINION Presently pending in this personal injury case are (1) an unopposed motion to substitute and dismiss and (2) a motion to remand. For the reasons that follow, the motion to remand will

be denied and the motion to substitute and dismiss will be granted. Background Plaintiff filed this case in the Circuit Court for Prince George's driving County, a alleging owned that by Ronald M. McBride, States Air who was

vehicle

the

United

Force,

negligently caused an accident in which Plaintiff was injured. The United States of America and McBride then filed a notice of removal, along with a certification that McBride was acting within the scope of employment as a civilian employee of the United States at the time of the matters set forth in the complaint.

The United States then filed a motion to substitute it in place of McBride and to dismiss the complaint for failure to exhaust administrative remedies. that motion. Plaintiff has not responded to

Plaintiff has also filed a motion to remand, which

the United States opposes. Analysis In a case brought pursuant to the Federal Tort Claims Act, 28 U.S.C.

Download Joseph P. Messino v. Ronald M. McBride.pdf

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