Opinion
No. 3:10-CV-806-B
10-12-2011
TONIHAYNES, Plaintiff, v. PATRICK R, DONAHOE, Postmaster General of the United States, Defendant.
SEAL
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions, & Recommendation of the United States Magistrate Judge, Objections were filed. The District Court has made a de novo review of those portions of the proposed Findings, Conclusions, & Recommendation to which objection was made. The objections are overruled.
The Motion for Summary Judgment of Defendant Patrick R. Donahoe, Postmaster General, is granted. Accordingly, Plaintiffs tort claims shall be dismissed without prejudice as preempted by the Federal Employer's Liability Act. Plaintiffs claims of Discrimination, Sexual Harassment, Hostile Work Environment, Disparate Treatment, Constructive Discharge and Retaliation in violation of the Civil Rights Act of 1964, as amended, Title VII, 42 U.S.C. § 2000e, et seq. and Denial of Reasonable Accommodation of her disability in violation of the Rehabilitation Act ("RA") of 1973, as amended 29 U.S.C. § 701 et seq. and the ADA, 42 U.S.C. §§ 12101 et seq. shall be denied.
SO ORDERED.
JANE J. BOYLE
STATES DISTRICT JUDGE