Opinion
Civil Action 2016-0040
09-30-2023
ERNIE RITTER, Plaintiff, v. UNITED STATES POSTAL SERVICE and AMERICAN POSTAL WORKERS UNION, Defendants.
Yohana M. Manning, Esq. St. Croix, U.S.V.I. For Plaintiff Angela Tyson-Floyd, Esq. St. Croix, U.S.V.I. For Defendant United States Postal Service
Attorneys:
Yohana M. Manning, Esq. St. Croix, U.S.V.I. For Plaintiff
Angela Tyson-Floyd, Esq. St. Croix, U.S.V.I. For Defendant United States Postal Service
ORDER
WILMA A. LEWIS DISTRICT JUDGE
THIS MATTER comes before the Court on the Report and Recommendation (“R&R”) submitted by Magistrate Judge Emile A. Henderson III. (Dkt. No. 71). For the reasons stated in the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby
ORDERED that Magistrate Judge Henderson's Report and Recommendation (Dkt. No. 71) is ADOPTED AS MODIFIED; and it is further
ORDERED that Defendant United States Postal Service's “Motion to Dismiss” (Dkt. No. 41) is GRANTED; and it is further
ORDERED that Count II of Plaintiff's Amended Complaint is DISMISSED WITH PREJUDICE; and it is further
ORDERED that Count I and Count III of Plaintiff's Amended Complaint are DISMISSED WITHOUT PREJUDICE; and it is further
ORDERED that Plaintiff shall have up to and including October 30, 2023 within which to amend his Amended Complaint to address the deficiencies discussed in the accompanying Memorandum Opinion, filed contemporaneously herewith.
SO ORDERED.