FILED
JUN 1 5 2010
UNITED STATES DISTRICT COURT Clerk, U.S. District & Bankruptcy
FOR THE DISTRICT OF COLUMBIA Courts for the District of Columbia
Kedist Girma (a/k/a Kedist Hirpassa), )
)
Plaintiff, )
)
v. )
)
Civil Action No.: 10 0999
United States Postal Service, )
)
Defendant. )
MEMORANDUM OPINION
The plaintiff has filed an application to proceed without prepayffit;!nt of fees and a pro se
complaint. The application will be granted and the complaint will be dismissed. See 28 U.S.C.
§ 1915(e)(2)(B)(ii) (requiring dismissal of a complaint whenever it is determined that it fails to
state a claim upon which relief may be granted).
In this brief complaint, the plaintiff states that she has not been receiving mail she
expects, and believes that "someone within the postal service is committing a federal crime by
illegally taking my mail." Compl. at 1 (spelling altered). The complaint does not identify the
relief sought.
If the plaintiff is seeking to initiate a prosecution, she seeks relief that cannot be granted.
Only a federal prosecutor, not a civilian complainant, can bring a federal prosecution for federal
crimes. If, alternatively, the plaintiff is seeking damages, such relief is also not available. As an
entity of the United States government, the United States Postal Service may not be sued except
to the extent that Congress has expressly waived the United States's sovt::reign immunity from
suit. Lane v. Pena, 51S U.S. 187, 192 (1996). Although the Federal Tort Claims Act ("FTCA"),
.Ij
28 U.S.C. §§ 1346(b), 2671-80, expressly waives the United States's sovereign immunity from
suit for conspiracy and fraud in some circumstances, the FTC A expressly exempts "[a]ny claim
arising out of the loss, miscarriage, or negligent transmission ofletters or postal matter." Id §
2680(b).
Because the complaint does not state a claim upon which relief may be granted, it will be
dismissed. A separate order accompanies this memorandum opinion.
Ut..,=, J ;-J~
Date: ~W)/o United States District Judge
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