I UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 || Pablo Boines PLUNKETT, Case No.: 3:24-cv-0696-AGS-AHG 4 Plaintift,| ORDER GRANTING MOTION TO 5 || DISMISS (ECF 5) 6 UNITED STATES POSTAL SERVICE, Defendant. 7 8 Plaintiff Pablo Plunkett claims that his “friend [sent] [him] some money” and the 9 “letter disappear[ed].” (ECF 1-2, at 2.) He seeks damages from the United States Postal 10 || Service for “pain and suffering.” (/d. at 3.) In response, the USPS filed a motion to dismiss 11 || for lack of subject-matter jurisdiction. (ECF 5.) 12 The USPS is “an independent establishment of the executive branch of the 13 ||Government of the United States,”

, and therefore “enjoys federal 14 sovereign immunity” that shields it from suit, “absent a waiver,” Dolan v. U.S. Postal Serv., 15 ||

(2006). The Federal Tort Claims Act provides one such a waiver for 16 || “tort claims arising out of activities of the Postal Service.”

. 17 But here what the FTCA giveth, the FTCA taketh away. The FTCA excepts from its 18 || waiver “[a]ny claim arising out of the loss... letters of postal matter.” 28 U.S.C. 19 § 2860(b). Since Plunkett’s claim “fall[s] within” this exception, “federal courts lack 20 ||subject matter jurisdiction to hear” it. See Nurse v. United States,

, 1000 21 ||(9th Cir. 2000). So, this Court “must dismiss the action See Fed. R. Civ. P. 12(h)(3). 22 || Defendant’s unopposed motion to dismiss is thus GRANTED, and the Clerk is directed to 23 || close this case. 24 || Dated: December 9, 2024 25 A %6 Andrew G. Schopler United States District Judge 27 28 ]