Martinez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CARLOS MARTINEZ, Case No. 1:24-cv-00494 JLT SAB

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING THE

v. ACTION WITH PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

UNITED STATES OF AMERICA, CLOSE THIS CASE

Defendant. (Docs. 7, 8)

16 Carlos Martinez initiated this action against the United States of America under Bivens1 and the Federal Tort Claims Act due to the United States Postal Service’s alleged negligence related to the delivery and handling of Plaintiff’s mail. (Doc. 1.) The Magistrate Judge recommended Plaintiff’s complaint be dismissed with prejudice for lack of jurisdiction. (Doc. 7.) The Magistrate Judge first found the complaint does not state a claim under Bivens because no Bivens action lies against the United States itself or against a federal agency. FDIC v. Meyer, 510 U.S. 471, 484 (1994). Second, the Magistrate Judge noted the USPS has not waived sovereign immunity for…