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CROSSLEY v. U.S. POSTAL SERVICE, 1:15-cv-00165-MR-DLH. (2015)

Court: District Court, W.D. North Carolina Number: infdco20151026b17 Visitors: 13
Filed: Oct. 23, 2015
Latest Update: Oct. 23, 2015
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Motion to Dismiss [Doc. 5] and the Magistrate Judge's Memorandum and Recommendation [Doc. 12] regarding the disposition of that motion. Pursuant to 28 U.S.C. 636(b) and the standing Orders of Designation of this Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider the motion to dismiss and to submit a recommendation for its disposition. On September
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ORDER

THIS MATTER is before the Court on the Defendant's Motion to Dismiss [Doc. 5] and the Magistrate Judge's Memorandum and Recommendation [Doc. 12] regarding the disposition of that motion.

Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation of this Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider the motion to dismiss and to submit a recommendation for its disposition.

On September 30, 2015, the Magistrate Judge filed a Memorandum and Recommendation in this case containing conclusions of law in support of a recommendation regarding the Defendant's motion. [Doc. 12]. The parties were advised that any objections to the Magistrate Judge's Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. The period within which to file objections has expired, and no written objections to the Memorandum and Recommendation have been filed.

After a careful review of the Magistrate Judge's Recommendation, the Court finds that the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge's recommendation that the motion to dismiss should be granted in part and denied in part.

ORDER

IT IS, THEREFORE, ORDERED that the Memorandum and Recommendation [Doc. 12] is ACCEPTED, and the Defendant's Motion to Dismiss [Doc. 5] is DENIED with respect to the Plaintiff's claim for the issuance of an accurate SF-50 form. The Defendant's Motion to Dismiss [Doc. 5] is GRANTED with respect to all other claims asserted in the Complaint.

IT IS SO ORDERED.

Source:  Leagle

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