(PS) Ferreria v. United States Postal Service

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD N. FERRERIA, No. 2:21–cv–264–TLN-KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS ON

DEFENDANT’S MOTION TO DISMISS;

v. ANCILLARY ORDER UNITED STATES POSTAL SERVICE, (ECF No. 5.) Defendant. 16 Plaintiff Ronald N. Ferreria, proceeding without counsel, filed an action against defendant United States Postal Service (“USPS”) in California Small Claims Court, asserting the mail carrier was negligent in delivering a package to him. (ECF No. 1.) USPS removed to this court, asserting any civil actions for negligence against the government should be disposed of in federal court, as per the Federal Tort Claims Act (“FTCA”). (ECF No. 5.) USPS now moves to dismiss plaintiff’s claims, arguing Congress has not waived sovereign immunity concerning negligently- handled mail. (Id.) Plaintiff failed to file opposition, so the court vacated the hearing on the matter and provided plaintiff with an additional opportunity to…