Gifford v. United States Postal Service

MEMORANDUM DECISION

GOETTEL, District Judge.

Plaintiff Francis R. Gifford moves to remand this case to the U.S. Office of Personnel Management (“OPM”) for the purpose of reviewing his request for retirement benefits. In response, defendant U.S. Postal Service (“Postal Service”) moves to dismiss the complaint with prejudice for failure to state a claim and for lack of subject matter jurisdiction pursuant to Federal Rules of Civil Procedure 12(b)(1) and (b)(6). For the following reasons, we GRANT plaintiffs motion to remand (doc. # 12) and GRANT defendant’s motion to dismiss (doc. # 11) without…