Opinion
Case No. C-3-05-235.
December 29, 2006
This case is before the Court on Plaintiff's Objections (Doc. #29) to the Report and Recommendations (Doc. #28) of the Chief United States Magistrate Judge that all claims raised by Plaintiff against Defendant personally be dismissed with prejudice, that Claims One and Three against Defendant as Postmaster General be dismissed with prejudice and that Claim Two against the Defendant Postmaster General be dismissed, without prejudice.
As required, this Court, pursuant to 28 U.S.C. Section 636(b) and Fed. Rule P. 72(b), has made a de novo review of the record in this case and, upon said review this Court finds said Objections (Doc. #29) are not well-founded and therefore, OVERRULED.
As to Plaintiff's First Claim for Relief, the Plaintiff has offered no proof that the Defendant's reason for the unemployment action was pretextual or articulated any relevant basis of discrimination prohibited by the Fourteenth Amendment, even though such an Equal Protection Claim for discrimination in employment by the federal government must be brought under Title VII.
As to the Plaintiff's Second Claim, this Court has no jurisdiction over such a claim against the United States without an express Congressional waiver of sovereign immunity.
As to the Plaintiff's Third Claim, no proof was presented that the evidence submitted to the MSPB and ruled on by the Administrative Law Judge was falsified.
Finally, there was no proof of Defendant Potter's personal involvement in anything which occurred in the course of this dispute between Plaintiff and the Postal Service.
It is THEREFORE ORDERED that the Report and Recommendations of the Chief Magistrate Judge (Doc #28) are ADOPTED in their entirety and Plaintiff's Claims One and Three are DISMISSED, WITH PREJUDICE, Claim Two is DISMISSED, WITHOUT PREJUDICE, while any and all claims against Defendant John Potter personally are DISMISSED, WITH PREJUDICE. Case TERMINATED on the docket records of this Court.