Facts

William Stone filed a complaint against the United States Post Office in the small claims division of San Bernardino Superior Court. Stone's complaint included a tracking number.

PLAINTIFF'S CONTENTIONS: The plaintiff alleged that a shipment he sent via the U.S. Post Office could not be located.

DEFENDANT'S CONTENTIONS: Defendant asserted that Stone lacked subject matter jurisdiction, and failed to state a claim allowing relief to be granted. Also, the plaintiff's complaint did not contain a clear legal basis for the pleading. In addition, as a sovereign, the United States is sovereign and, unless waived, is immune from suit.

Result

Stone failed to oppose the defendant's motion, which the court deemed as his consent to granting said motion. Further, the United States has sovereign immunity against claims for lost mail pursuant to 28 U.S.C. Section 2680(b). Finally, under Dolan v. U.S.P.S., injuries due to the failure of postal matter to arrive are barred by the postal exception. Therefore, the court ruled, it lacked subject matter jurisdiction.