Jost v. U.S. Postal Serv., 412 F. App'x 957 (9th Cir. 2011). · Go Syfert
Jost v. U.S. Postal Serv., 412 F. App'x 957 (9th Cir. 2011). Cases Citing This Book View Copy Cite
65 citation events (65 in the last 25 years) across 3 distinct courts.
Strongest positive: Glover v. Thompson (mied, 2022-07-12)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Glover v. Thompson
E.D. Mich. · 2022 · confidence medium
Every court to consider the issue has held that the loss of mail “does not rise to a constitutional violation” Jost v. USPS, 412 F. App’x 957, 958 (9th Cir. 2011) (unpublished) (mem.); Williams v. USPS, No. 17-CV-782-BBC, 2018 WL 2899711 , at *4 (W.D.
Retrieving the full opinion text from the archive…
Frederick Karl JOST, Plaintiff-Appellant,
v.
U.S. POSTAL SERVICE and U.S. Postmaster, Defendants-Appellees
07-16032.
Court of Appeals for the Ninth Circuit.
Jan 25, 2011.
412 F. App'x 957
Frederick Karl Jost, Corcoran, CA, pro se.
Beezer, Tallman, Callahan.
Cited by 55 opinions  |  Unpublished
Pinpoint authority: bottom 55%

MEMORANDUM **

Frederick Karl Jost, a California state prisoner, appeals pro se from the district[*958] court’s judgment dismissing his complaint under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) alleging that the United States Postal Service lost the contents of a package that Jost had mailed. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal for failure to state a claim under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) and for an abuse of discretion its denial of leave to amend, Halet v. Wend Inv. Co., 672 F.2d 1305, 1310 (9th Cir.1982). We affirm.

The district court properly dismissed Jost’s action because the deprivation Jost alleges — the loss of his mail — does not rise to a constitutional violation. See Cnty. of Sacramento v. Lewis, 523 U.S. 833, 848-49, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998) (“[T]he Constitution does not guarantee due care on the part of state officials; liability for negligently inflicted harm is categorically beneath the threshold of constitutional due process.”); Hartman v. Moore, 547 U.S. 250, 255 n. 2, 126 S.Ct. 1695, 164 L.Ed.2d 441 (2006) (Bivens action is federal analog to civil rights suit against state officials).

The district court properly dismissed any claim under the Federal Tort Claims Act because Jost failed to exhaust his administrative remedies before filing this action. See 28 U.S.C. §§ 2401(b), 2675(a); 39 C.F.R. § 912.5.

The district court acted within its discretion by dismissing Jost’s complaint without leave to amend. See Balser v. Dep’t of Justice, Off. of U.S. Trustee, 327 F.3d 903, 911 (9th Cir.2003) (affirming denial of leave to amend complaint, despite liberality generally afforded pro se litigants, because opening brief on appeal set forth no legal basis for reversal).

Jost’s remaining contentions are unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.