Opinion
Case: 1:16-cv-02169
10-28-2016
Otto Peter Joy, Plaintiff, v. United States Postal Service, Defendant.
Assigned To : Unassigned
Assign. Date : 10/31/2016
Description: Pro Se Gen. Civil
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiff's pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiff's application and dismiss the complaint for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring the court to dismiss an action "at any time" it determines that subject matter jurisdiction is wanting).
Plaintiff is a District of Columbia resident. He sues the United States Postal Service for allegedly failing to deliver his mail altogether or in a timely manner. The complaint is difficult to follow but plaintiff seems to claim that as a result of the alleged mail delivery problems, he sustained injuries that included the doubling of fines he had been assessed for traffic violations. Plaintiff seeks $1 million in money damages.
Under the doctrine of sovereign immunity, the federal government is subject to suit only upon consent, which must be clear and unequivocal. United States v. Mitchell, 445 U.S. 535, 538 (1980) (citation omitted). Congress has not waived the United States' immunity for "[a]ny claim [for money damages] arising out of the loss, miscarriage, or negligent transmission of letters or postal matter." 28 U.S.C. § 2680(b). Hence, this case will be dismissed with prejudice. A separate Order accompanies this Memorandum Opinion.
/s/_________
United States District Judge DATE: October 28, 2016