Reyes v. Potter

Full title: ARMANDO REYES v. JOHN E. POTTER, Postmaster General U.S. Postal Service

Court: United States District Court, S.D. Texas, Galveston Division

Date published: Mar 21, 2006

Civil Action No. G-05-487 (S.D. Tex. Mar. 21, 2006)

Opinion

Civil Action No. G-05-487.

March 21, 2006

OPINION AND ORDER

SAMUEL KENT, District Judge

Before the Court is a Report and Recommendation from the United States Magistrate Judge which recommends that the Motion to Dismiss of Defendant John E. Potter, Postmaster General of the United States Postal Service, be granted and that the Title VII Complaint of Plaintiff, Armando Reyes, be dismissed for lack of jurisdiction. Reyes has filed objections, however, the objections do not address the basis of the Report and Recommendation: that Potter has never been properly served with process.

Upon de novo review, pursuant to 28 U.S.C. § 636(b)(1)(C), this Court finds that the Report and Recommendation of the Magistrate Judge is a correct application of law to the facts of this case and that this Court has no personal jurisdiction over Defendant John E. Potter. The Report and Recommendation is, therefore, ACCEPTED by this Court in its entirety and incorporated by reference herein.

It is, therefore, the ORDER of this Court that the Motion to Dismiss (Instrument no. 12) of Defendant John E. Potter is GRANTED and that the Complaint of Plaintiff, Armando Reyes, is DISMISSED, without prejudice, for lack of jurisdiction.