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Wlonski v. Smith

U.S. Substituted for Postmaster, Is Immune to Suit Claiming False Arrest, Defamation

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DECISION AND ORDERINTRODUCTION

*1 On November 8, 2017, pro se Plaintiff Edward Wlosinski (“Plaintiff”) commenced this action against Defendant Teresa Anne Marie Smith (“Defendant” or “Smith”), alleging that Defendant “made false statements causing [his] arrest and legal [expenses].” ECF No. 2-1 at 13. Defendant now moves for (1) an order substituting the United States of America as the proper party defendant under 28 U.S.C. §§1346(b)(1) and 2679(a); and (2) dismissal of the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1). For the reasons stated below, Defendant’s motions are GRANTED.BACKGROUND1I. Procedural HistoryPlaintiff commenced this action in small claims court in the City of Rochester on November 8, 2017, seeking $5,000 in damages arising out of an incident at the Rush Post Office in Rush, New York. Plaintiff’s one-page form Complaint alleges that Defendant “made false

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