Opinion
Civil No. JFM-06-1076.
April 30, 2007
MEMORANDUM
Plaintiff, an Electronic Technician at the Postal Service's Frederick Processing Distribution Center, has brought this action against the Postmaster General. He alleges that he was the subject of retaliation in violation of Title VII. Defendant has filed a motion to dismiss or for summary judgment, to which plaintiff has not responded. The motion will be granted.
The summary judgment record clearly demonstrates that plaintiff has not (and could not) come forward with any evidence to show that there is a genuine issue of any material fact. Specifically, the record reveals that disciplinary action was taken against plaintiff (one day being sent home from work and seven days' suspension) because Michael Luciano, the Postal Service manager who imposed the discipline, reasonably concluded, on the record presented to him, that plaintiff had acted inappropriately and in a threatening manner toward his supervisor, Merri Sayler. Likewise, the record demonstrates that plaintiff has not (and could not) show that he was treated more harshly than any other employee under similar circumstances.
A separate order granting defendant's motion is being entered herewith.
ORDER
For the reasons stated in the accompanying memorandum, it is, this 30th day of April 2007ORDERED
1. Defendant's motion for summary judgment is granted; and
2. Judgment is entered in favor of defendant against plaintiff.