Sewald

ORDER GRANTING SUMMARY JUDGMENT

On March 28, 2001, the motion of the United States Postal Service [hereinafter the “Postal Service”] to dismiss plaintiffs complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), or in the alternative for summary judgment under Federal Rule of Civil Procedure 56, came on for hearing. Plaintiff appeared on his own behalf. Assistant United States Attorney Jocelyn Burton appeared on behalf of the Postal Service.

Plaintiffs action arises from a Nevada lawsuit in which he is involved with the previously dismissed defendants. In his complaint, plaintiff alleges that he received in the mail a return receipt requested card addressed to him from the law firm of Pyatt & Silvestri, indicating that he had sent the firm something in the mail, when he had not. Plaintiff contacted the firm numerous times in an attempt to determine the contents of the mailing, to no avail. He then contacted the Postal Service. Postal Service Inspector Bonnie Bone evaluated plaintiffs initial report, determined that the incident did not warrant further investigation and so advised plaintiff. Plaintiff then wrote to numerous other government officials, including…