Baity v. United States Postal Service

Filing 16

ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS; granting 7 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Dana L. Christensen on 1/12/2017. Mailed to Baity. (TAG)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
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MISSOULA DIVISION
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KEITH M. BAITY,

CV 16-103-M-DLC-JCL
Plaintiff,
ORDER

vs.
UNITED STATES POSTAL
SERVICE,
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendation on December 23, 2016, recommending granting Defendant the
United States Postal Service's motion to dismiss. Plaintiff Keith M. Baity failed to
timely object to the Findings and Recommendation, and so waived his right to de
novo review of the record. 28 U.S.C. § 636(b)(l)(C). This Court reviews for clear
error those findings and recommendations to which no party objects. See

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the
Court is left with a "definite and firm conviction that a mistake has been
committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations
omitted).
Having reviewed the Findings and Recommendation, the Court finds no
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clear error in Judge Lynch's conclusion that Defendant's motion should be granted
because the claims against the United States Postal Service are precluded by
sovereign immunity. 28 U.S.C. § 2680(h) (stating that the United States is
immune from certain claims under the Federal Tort Claims Act). Further,
Plaintiffs claims against Meagan J. Brennan, to the extent she is being sued in her
personal capacity, are also precluded due to her individual immunity. MJ. ex rel.

Beebe v. United States, 721F.3d1079, 1084 (9th Cir. 2013) ("The [Federal Tort
Claims Act] immunizes federal employees from individual liability for an action
that is properly against the United States under the FTCA.") (citation and internal
punctuation marks omitted).
Accordingly, there being no clear error in Judge Lynch's Findings and
Recommendation, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendation (Doc.15) are ADOPTED
IN FULL.
(2) Defendant United States Postal Service's Motion to Dismiss for Lack of
Jurisdiction (Doc. 7) is GRANTED, and this action DISMISSED.
Dated this

I1.~ay of January, 20 .

Dana L. Christensen, Chief Judge
United States District Court
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