Opinion
No. C 03-03987 WHA (ARE)
November 13, 2003
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS
INTRODUCTION
In this tort case, plaintiff, proceeding pro se, brings this action against the United States for the alleged theft of her mail. The United States moves to dismiss contending that this Court lacks jurisdiction to entertain plaintiffs claim pursuant to the Federal Tort Claims Act. Because plaintiff has failed to file an administrative claim with the proper federal agency, this order GRANTS the United States' motion to dismiss for lack of subject-matter jurisdiction.
STATEMENT
On August 1, 2003, plaintiff Doris Jacobs filed a small claims action against United States Postal Service supervisor Gary Fong in San Francisco Superior Court. In her complaint, plaintiff alleges that employees under the supervision of Fong stole her mail containing donation proceeds. Specifically, plaintiff alleges that "I had a problem setting my fundraiser donations for my work W/C is Universal Charities. The mail was stolen" (Compl. ¶ 1). Plaintiff further alleges that "the employees that stole the money to help others won't talk to me" ( id. at ¶ 2).
The small claims action was subsequently removed to this Court. The United States Attorney certified that Fong was acting within the scope of his employment at the time of the alleged incident. Based on this certification, the United States was substituted for Fong pursuant to 28 U.S.C. § 2679(d).
The United States moves to dismiss plaintiffs complaint contending that this Court lacks subject-matter jurisdiction because plaintiff has failed to file a claim with the USPS. Plaintiff did not file an opposition. Rather, plaintiff filed an untimely brief providing additional information as to the nature of her claim on November 7, 2003. In this brief, plaintiff alleges that Reverend Cecil Williams of Glide Memorial Church and Hillary Clinton directed USPS employees to steal her mail. Oral argument was held on November 13, 2003, which plaintiff failed to attend.
ANALYSIS
The United States asserts that the Federal Tort Claims Act precludes this Court's jurisdiction over the present action. "The United States is immune from suit except as it consents to be sued." Bolser v. Dept't of Justice, Office of United States Trustee, 327 F.3d 903, 907 (9th Cir. 2003) (citing United States v. Sherwood, 312 U.S. 584, 586 (1941)). Under the FTCA, "the United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages." 28 U.S.C. § 2674. Section 2675(a), however, mandates that a claimant file her claim with the appropriate federal agency prior to filing suit in a district court. 28 U.S.C. § 2675(a).
Plaintiffs failure to exhaust her administrative remedies precludes this Court's jurisdiction. A failure to file an administrative claim with the proper federal agency prior to initiating a civil action results in a lack of subject-matter jurisdiction by the district court over the suit. See Meridian Int'l Logistics, Inc. v. United States, 939 F.2d 740, 743 (9th Cir. 1991); DSI Corp. v. Secretary of Hous. and Urban Dev., 594 F.2d 177, 180 (9th Cir. 1979). No where in her complaint does plaintiff allege that she filed a claim with the USPS. Because plaintiff has apparently failed to exhaust her administrative remedies, this Court lacks subject-matter jurisdiction over the present action.