USPS

Corey v. United States Postal Service

Good Law
485 F. App'x 228
United States Court of Appeals for the Ninth CircuitSeptember 13, 201211-15891California325 words

Opinion

Opinion

MEMORANDUM

Fletcher Corey appeals the district court’s dismissal for lack of subject matter jurisdiction of his action seeking declaratory relief regarding the grievance-related documents the United States Postal Service (USPS) is legally required to keep in its system of records. Because the parties are familiar with the history of the case, we need not recount it here. We affirm.

The Declaratory Judgment Act (DJA), 28 U.S.C. § 2201 , “does not confer jurisdiction by itself if jurisdiction would not exist on the face of a well-pleaded complaint.” Janakes v. United States Postal Service, 768 F.2d 1091, 1093 (9th Cir.1985). “If, however, the declaratory judgment defendant could have brought a coercive action in federal court to enforce its rights,” then the court has subject matter jurisdiction over the plaintiffs claim. Id.

Corey concedes that USPS did not have any legal action pending against him or threatened against him when he filed his complaint, but he argues that USPS could have brought a hypothetical coercive action against him under the Privacy Act, 5 U.S.C. § 552a. However, the Privacy Act “creates federal claims for relief for enumerated violations of the Act’s…

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