IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRLCT OF OREGON 

MEDFORD DIVISION 

FRENY MUNSHI, . No. 1:14-cv-1918-PA 

Plaintiff, 

v. 

UNITED STATES1 , ORDER 

Defendant. 

PANNER, District Judge: 

Pro se Plaintiff Freny Munshi brought this action in Jackson 

County Circuit Court against the U.S. Post Office based on the 

alleged loss of her passport. The United S~ates removed the 

action to this court. 

The United States now moves to dismiss for lack of subject 

1Plaintiff's claim against the Postal Servic~ is treated as 

a claim against the United States. See Anderson v. United States 

Postal Serv., 761 F.2d 527, 528 (9th Cir. 1985). 

1 - ORDER 

Case 1:14-cv-01918-PA Document 5 Filed 02/20/15 Page 1 of 3
matter jurisdiction. Plaintiff has not filed a response. I grant 

the motion to di~miss. 

BACKGROUND 

Plaintiff filed this action ln the Small Claims Department of 

the Jackson County Circuit Court in November 2014, alleging, "My 

passport was stolen on mailing on Oct 29." Notice of Removal, Ex. 

1, at 1, ECF No. 1. Plaintiff seeks $2,000 in damages. The 

United States removed this action in December 2014. 

Postal Service tracking records, copies of which are attached 

to the complaint, indicate that the passport at issue was mailed 

from Medford on October 31, 2014, and arrived in Portsmouth, New 

Hampshire on November 3, 2014. Id., Ex. 1, at 9. It is unclear 

whether these tracking records were included with Plaintiff's· 

original complaint or were added by the United States. 

The United States submits the declaration of Kimberly A. 

Herbst, who works for the Postal Service 1 s National Tort Center as 

a "Supervisor, Tort Claims Examiner/Adjudicator." Herbst states 

Postal Service records indicate that no administrative claim has 

been filed concerning Plaintiff's alleged missing passport. 

DISCUSSION· 

I agree with the United States that Plaintiff's claim must be 

dismissed for lack of jurisdiction on two independent grounds. 

I. No Jurisdiction Over Negligence Claims Against the Post Office 

The United States has sovereign immunity for tort claims 

"arising out of the loss, miscarriage, or negligent transmission 

of letters or postal matter." 28 U.S.C. § 2680(b). Plaintiff's 

claim here, that the Postal Service failed to deliver an item, 

2 - ORDER 

Case 1:14-cv-01918-PA Document 5 Filed 02/20/15 Page 2 of 3
falls within this category of claims. See Anderson v. U.S. Postal 

Service, 761 F.2d 527, 528 (9th Cir. 1985). Plaintiff's claim 

must be dismissed for lack of jurisdiction._ 

II. Failure to Exhaust Administrative Remedies 

Postal Service records indicate that no administrative claim 

was filed concerning Plaintiff's alleged lost passport. The 

Federal Tort Claims Act (FTCA) requires a claimant to present her 

administrative claim to the agency within two years after the 

c 

claim accrued. 28 U.S.C. § 2401(b). Because Plaintiff has not 

done so, her claim must be dismissed without prejudice. 

CONCLUSION 

Defendant's Motion to Dismiss (#3) is granted. This action 

is dismissed without prejudice. 

IT IS SO ORDERED. 

DATED this If day of February, 2015. 

~'${~ OWEN M. PANNER 

U.S. DISTRICT JUDGE 

3 - ORDER 

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