Flores

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JUANA FLORES, No. 1:23-cv-01742-KES-CDB Plaintiff, v. ORDER GRANTING MOTION TO DISMISS UNITED STATES OF AMERICA, et al., Defendants. (Doc. 15) 16 The United States of America moves to dismiss this case for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure Rule 12(b)(1), arguing that plaintiff failed to exhaust administrative remedies as to defendant United States and that defendants United States Postal Service (“USPS”) and Jonathan Elysee are not proper defendants under the Federal Tort Claims Act. See Motion to Dismiss (“Motion”), Doc. 15; 28 U.S.C. § 2679(b)(1). The court granted plaintiff additional time to oppose the motion to dismiss, but plaintiff did not file an opposition. Docs. 18, 19. On June 18, 2024, the court took this motion under submission without a hearing pursuant to Local Rule 230(g). Doc. 19. For the reasons explained below, the motion to dismiss is granted. …