Berry

MEMORANDUM

Richard Berry, and his paralegal services corporation People’s Services (collectively, “Berry”), appeals the district court’s order dismissing his action with prejudice. 2 We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

1. The district court properly dismissed Berry’s constitutional claims. Berry’s constitutional allegations do not survive the heightened pleading standards for claims under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). Berry makes conclusory allegations of malice and conspiracy which are insufficient to state a Bivens claim. Branch v. Tunnell, 937 F.2d 1382, 1386 (9th Cir.1991).

*626 2. The district court properly substituted the United States for United States Trustee Kalyna and her employee Cuellar. The United States Attorney for the District of Arizona certified the acts at issue in this case as occurring within the scope of the United States Trustee’s office, thereby bringing the suit within the ambit of the Federal Tort Claims Act. 28 U.S.C. § 2679 (d)(1); 28 C.F.R. § 15.3 (a). The statute does not require a…