Plunkett

I UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA 3 || Pablo Boines PLUNKETT, Case No.: 3:24-cv-0696-AGS-AHG Plaintift,| ORDER GRANTING MOTION TO 5 || DISMISS (ECF 5) UNITED STATES POSTAL SERVICE, Defendant. 7 Plaintiff Pablo Plunkett claims that his “friend [sent] [him] some money” and the “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.) The USPS is “an independent establishment of the executive branch of the ||Government of the United States,” U.S.C. § 201, and therefore “enjoys federal sovereign immunity” that shields it from suit, “absent a waiver,” Dolan v. U.S. Postal Serv., ||546 U.S. 481, 484 (2006). The Federal Tort Claims Act provides one such a waiver for 16 || “tort claims arising out of activities of the Postal Service.” 39 U.S.C. §…