Tammy Wilhite v. Paul Littlelight

FILED

NOT FOR PUBLICATION

AUG 11 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TAMMY WILHITE, No. 21-35693

Plaintiff-Appellee, D.C. Nos. v. 1:19-cv-00020-SPW-TJC 1:19-cv-00102-SPW-TJC PAUL LITTLELIGHT; et al.,

Defendants-Appellants, MEMORANDUM*

v.

UNITED STATES OF AMERICA,

Defendant-Appellee.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

Submitted August 9, 2022** Anchorage, Alaska

Before: S.R. THOMAS, McKEOWN, and CLIFTON, 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). Defendants appeal the district court’s order denying their petition for

Federal Tort Claims Act (“FTCA”) certification pursuant to the Westfall Act,

U.S.C. § 2679(b)(1). We have jurisdiction under 28 U.S.C. § 1291. See Osborn…