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Dennis Simpson v. Patrick R. Donahue

June 18, 2012

DENNIS SIMPSON
v.
PATRICK R. DONAHUE, POSTMASTER GENERAL



The opinion of the court was delivered by: Present: The Honorable A. Howard Matz, U.S. District Judge

O

CIVIL MINUTES - GENERAL

Stephen Montes Not Reported

Deputy Clerk Court Reporter / Recorder Tape No. Attorneys NOT Present for Plaintiffs: Attorneys NOT Present for Defendants:

Proceedings: IN CHAMBERS (No Proceedings Held)

Defendant Patrick R. Donahoe, the United States Postmaster General, has moved for partial dismissal of Plaintiff Dennis Simpson's First Amended Complaint ("FAC") for lack of subject matter jurisdiction.*fn1 For the following reasons, the Court GRANTS Defendant's motion.

BACKGROUND

Plaintiff worked for the United States Postal Service ("USPS") from 1976 until 2009. FAC ¶¶ 10, 32. His claims against the Postmaster General are based on the following factual allegations, which are taken from the FAC:

Date Plaintiff's Allegations Citation

May 1994 Plaintiff was wrongfully accused of falsifying his travel pay and was placed on leave without pay. Upon being reinstated, he was assigned to a different position.

FAC ¶ 17.

FAC ¶ 21.

November 2004 Plaintiff was transferred to Panorama City despite the fact that his doctor had ordered that he not travel more than 25 miles to a postal facility.

Date Plaintiff's Allegations Citation

November 2004 Plaintiff requested a transfer to a facility closer to his home as an accommodation, but his supervisor, Stevette Shinkle, denied his request. Shinkle also withheld Plaintiff's worker's compensation forms. In response, Plaintiff filed an EEO complaint. Plaintiff succeeded on this EEO complaint and was awarded $10,000 in summer 2006.

FAC ¶¶ 22, 23.

Summer 2006 Shinkle "ordered" Plaintiff to take the Metro ...


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