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350 P.I.: Motor Vehicle | Illinois Northern
Minute
MINUTE entry before the Honorable Martha M. Pacold: Defendant United States Postal Service's motion to dismiss 29 Count One of the First Amended Complaint 27 is granted. Plaintiff has sued the United States Postal Service under the Federal Tort Claims Act, 28 U.S.C. §§1346(b), 2671-2680. See 27 at 2-3. The court only has jurisdiction over the Post Office if it can be sued under the FTCA--otherwise, plaintiff has not pointed to a waiver of the Post Office's sovereign immunity. See F.D.I.C. v. Meyer, 510 U.S. 471, 475-77 (1994). But it is well-established that "[t]he only proper defendant in an FTCA action is the United States." Jackson v. Kotter, 541 F.3d 688, 693 (7th Cir. 2008). By contrast, "[u]nder the Federal Tort Claims Act, a governmental agency," like the Post Office, "cannot be sued in its own name." Hughes v. United States, 701 F.2d 56, 58 (7th Cir. 1982); accord Meyer, 510 U.S. at 476 ("if a suit is cognizable under §1346(b) of the FTCA, the FTCA remedy" of suing the United States "is exclusive and the federal agency cannot be sued in its own name") (quotations omitted)). Without the FTCA's waiver of sovereign immunity, the court lacks jurisdiction over the United States Postal Service. See Brownback v. King,592 U.S. 209, 218 (2021); see also Morgan v. Fed. Bureau of Prisons, 129 F.4th 1043, 1049 (7th Cir. 2025) (explaining that sovereign immunity is a jurisdictional bar). Dismissal is thus appropriate. Fed. R. Civ. P. 12(b)(1). Mailed notice. (lxk, ) (Entered: 06/04/2026)
MINUTE entry before the Honorable M. David Weisman: On the Court's own motion, the status hearing set for 6/4/26 will begin at 1:45 p.m. rather than at 9:00 a.m. (PLEASE NOTE TIME CHANGE.) Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) (Entered: 06/03/2026)
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