Pearl v. United States Postal Service

Filing 11

THE COURT HEREBY ADOPTS 9 Report and Recommendation that 3 Complaint and 4 Addendum be dismissed with prejudice. THE COURT FURTHER ORDERS 7 Motion for Summary Judgment is DENIED as moot. Case terminated. Signed by Judge Lloyd D. George on 3/7/2013. (Copies have been distributed pursuant to the NEF - DXS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MAURICE PEARL,

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2:11-cv-1404-LDG-CWH

Plaintiff,

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v.

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UNITED STATES POSTAL SERVICE,

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Defendant.

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In his §1915 screening, the magistrate judge dismissed the original complaint without

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prejudice and granted plaintiff leave to file an amended complaint to correct the identified

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deficiencies (#2). Plaintiff filed his amended complaint (#4), and the magistrate judge issued a

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report recommending that the amended complaint and addendum be dismissed (#9, objection

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#10).

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The magistrate judge’s conclusions in the report and recommendation are sound. The

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court lacks subject matter jurisdiction and, given the United States’ retention of sovereign

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immunity over claims arising out of the loss, miscarriage, or negligent transmission of postal

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matters, and plaintiff’s failure to exhaust administrative remedies required for relief under the

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FTCA, plaintiff’s amended complaint fails to state a claim. Furthermore, plaintiff’s objections

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lack merit. Accordingly,

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THE COURT HEREBY ADOPTS the report and recommendation (#9), and ORDERS that
plaintiff’s amended complaint (#3) is DISMISSED.

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THE COURT FURTHER ORDERS that plaintiff’s motion for summary judgment (#7) is
DENIED as moot.

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DATED this ____ day of March, 2013.

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________________________
Lloyd D. George
United States District Judge

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