Rodolfo Velasquez v. United States Postal Service

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rodolfo VELASQUEZ, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee. No. 96-15454. United States Court of Appeals, Ninth Circuit. Submitted Nov. 18, 1996. * Decided Nov. 20, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Rodolfo Velasquez appeals pro se the district court's dismissal for failure to state a claim in his action against the United States Postal Service. Velasquez sought damages for fraud and breach of contract for the misdelivery of a parcel containing eyeglasses that Velasquez sent to Mexico. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district court's dismissal for failure to state a claim. Sabow v. United States, 93 F.2d 1445 , 1450 (9th Cir.1996). We conclude that the district court properly found that the Postal Service is exempt from liability under the Federal Torts Claims Act…