Michael Stoker v. United States

Good Law
United States Court of Appeals for the Ninth CircuitJuly 6, 202221-55993California935 words

Opinion

Opinion

FILED

NOT FOR PUBLICATION

JUL 6 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL B. STOKER, No. 21-55993

Plaintiff-Appellant, D.C. No. 2:21-cv-00733-JAK-E v.

UNITED STATES OF AMERICA; MEMORANDUM*

Defendants-Appellees,

and

ANDREW R. WHEELER; et al.,

Defendants.

Appeal from the United States District Court for the Central District of California John A. Kronstadt, District Judge, Presiding

Submitted June 13, 2022** Pasadena, California

Before: RAWLINSON, CHRISTEN, and KOH, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Plaintiff Michael Stoker (Stoker) appeals the district court’s order

substituting the United States for individual defendants on the grounds that they

were acting within the “course and scope of their employment” pursuant to

U.S.C. § 2679(d). The district court subsequently dismissed…

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