USPS

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LATACHIANNA JAMES, Case No. 2:24-cv-0880-DAD-JDP (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS UNITED STATES POSTAL SERVICE, et al., 15 Defendants.

17 Plaintiff LaTachianna James commenced this case in the Solano County Superior Court, alleging tort claims for damage to her vehicle against defendants United States Postal Service (“USPS”), Hall Equity Group, and Mark Hall. Defendant USPS removed the case to this court, ECF No. 1, and now moves to dismiss the complaint for lack of jurisdiction, ECF No. 5. I recommend that USPS’s motion be granted. Legal Standard A party may move to dismiss a case for a lack of subject matter jurisdiction. Fed. R. Civ. P. 12(b)(1). A jurisdictional challenge made under Rule 12(b)(1) can be facial or factual. Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). In a facial challenge, the moving party asserts that the allegations in the complaint are…