Munshi v.United States Postal Service

Filing 5

ORDER: Granting Motion to Dismiss Case for Lack of Jurisdiction 3 . This action is dismissed without prejudice. Signed on 2/19/2015 by Judge Owen M. Panner. (jkm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRLCT OF OREGON
MEDFORD DIVISION
FRENY MUNSHI, .
No. 1:14-cv-1918-PA
Plaintiff,

v.
UNITED STATES 1 ,

ORDER

Defendant.

PANNER, District Judge:

Pro se Plaintiff Freny Munshi brought this action in Jackson
County Circuit Court against the U.S. Post Office based on the
alleged loss of her passport.

The United

S~ates

removed the

action to this court.
The United States now moves to dismiss for lack of subject

Plaintiff's claim against the Postal Servic~ is treated as
a claim against the United States.
See Anderson v. United States
Postal Serv., 761 F.2d 527, 528 (9th Cir. 1985).
1

1 - ORDER

matter jurisdiction.
the motion to

Plaintiff has not filed a response.

I

grant

di~miss.

BACKGROUND

Plaintiff filed this action ln the Small Claims Department of
the Jackson County Circuit Court in November 2014, alleging, "My
passport was stolen on mailing on Oct 29."
1, at 1, ECF No. 1.

Notice of Removal, Ex.

Plaintiff seeks $2,000 in damages.

The

United States removed this action in December 2014.
Postal Service tracking records, copies of which are attached
to the complaint, indicate that the passport at issue was mailed
from Medford on October 31, 2014, and arrived in Portsmouth, New
Hampshire on November 3, 2014.

Id., Ex. 1, at 9.

It is unclear

whether these tracking records were included with Plaintiff's·
original complaint or were added by the United States.
The United States submits the declaration of Kimberly A.
Herbst, who works for the Postal Service 1 s National Tort Center as
a "Supervisor, Tort Claims Examiner/Adjudicator."

Herbst states

Postal Service records indicate that no administrative claim has
been filed concerning Plaintiff's alleged missing passport.
DISCUSSION·

I agree with the United States that Plaintiff's claim must be
dismissed for lack of jurisdiction on two independent grounds.
I.

No Jurisdiction Over Negligence Claims Against the Post Office

The United States has sovereign immunity for tort claims
"arising out of the loss, miscarriage, or negligent transmission
of letters or postal matter."

28 U.S.C.

§

2680(b).

Plaintiff's

claim here, that the Postal Service failed to deliver an item,
2 - ORDER

falls within this category of claims.
Service, 761 F.2d 527, 528

See Anderson v. U.S. Postal

(9th Cir. 1985).

Plaintiff's claim

must be dismissed for lack of jurisdiction._
II.

Failure to Exhaust Administrative Remedies

Postal Service records indicate that no administrative claim
was filed concerning Plaintiff's alleged lost passport.
Federal Tort Claims Act

The

(FTCA) requires a claimant to present her

administrative claim to the agency within two years after the
c

claim accrued.

28 U.S.C.

§

2401(b).

Because Plaintiff has not

done so, her claim must be dismissed without prejudice.
CONCLUSION

Defendant's Motion to Dismiss

(#3)

is granted.

This action

is dismissed without prejudice.
IT IS SO ORDERED.
DATED this

If

day of February, 2015.

~'${~
OWEN M. PANNER
U.S. DISTRICT JUDGE

3 - ORDER