Whayne v. City of Topeka

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant United States Post Office’s Motion to Dismiss (Doc. 23) the plaintiffs complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. For the reasons set forth below, defendant’s motion is granted.

I. BACKGROUND

The following facts are uncontroverted or, where controverted, construed in a manner most favorable to the plaintiff as the non-moving party.

On April 15, 1996, Mr. Whayne purchased a $33.95 money order at a Dillons grocery store to send to the American Science and Surplus Co.…