Donkor v. United States Postal Service
- Rearden
- 1:24-cv-00559
- U.S. District Court · Southern District of New York
- 4
In Donkor v. United States Postal Service, Judge Rearden ordered service and added the United States as a defendant in Donkor’s Federal Tort Claims Act case.
Paa Willie Donkor, the United States Postal Service, and the United States of America are affected. Donkor must cooperate with service requirements and keep the court informed of address changes; USPS and the United States are to be served as defendants.
What happened
In Donkor v. United States Postal Service, Paa Willie Donkor, representing himself, sued the Postal Service over money orders allegedly redeemed fraudulently by someone other than the named payee.
The court treated the complaint as a case under the Federal Tort Claims Act and directed the Clerk to add the United States as a defendant. Because Donkor had permission to proceed without paying filing fees in advance, the court also ordered the U.S. Marshals Service to serve the Postal Service and the United States.
Judge Jennifer H. Rearden cautioned that federal law bars certain claims involving lost, mishandled, or negligently transmitted mail, but did not decide that issue. The court also denied permission to appeal without paying fees for purposes of an appeal, after certifying that an appeal would not be taken in good faith.
The detailed version
- Donkor v. United States Postal Service · No. 1:24-cv-00559
- Rearden
- Feb. 21, 2024
Background
Paa Willie Donkor, appearing without a lawyer, brought an action against the United States Postal Service (USPS) concerning USPS money orders that allegedly were fraudulently redeemed by a person other than the person to whom the money orders were payable. The court had previously granted Donkor permission to proceed without prepaying filing fees.
Court’s Analysis
The court construed the complaint as an action under the Federal Tort Claims Act, a federal law that permits certain tort claims against the United States. It directed the Clerk of Court to add the United States of America as a defendant, without prejudice to any defenses the United States might assert. The court noted that the proper defendant in a Federal Tort Claims Act action is the United States rather than USPS.
The court cautioned that federal law bars claims arising from the loss, mishandling, or negligent transmission of letters or postal matter because of sovereign immunity. The order did not decide whether that limitation applies to Donkor’s claims.
Service of Process
Because Donkor was allowed to proceed without prepaying fees, the court ordered the Clerk to prepare service forms and summonses and deliver the necessary documents to the U.S. Marshals Service. The Marshals Service is to serve USPS and the United States. If the complaint is not served within 90 days after the summonses are issued, Donkor should request an extension of time. The order also requires Donkor to notify the court in writing of any address change and states that the action may be dismissed if he fails to do so.
Disposition
The court directed the Clerk to add the United States as a defendant, issue summonses, complete the service forms, and provide the documents needed for service. The court also directed the Clerk to mail Donkor an information package. It certified under federal law that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees for purposes of an appeal. This order addressed case administration and service; it did not resolve the merits of Donkor’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.