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Williams v. National Postal Mail Handlers Union

May 24, 2006

KAREN WILLIAMS, PLAINTIFF,
v.
NATIONAL POSTAL MAIL HANDLERS UNION, ET AL., DEFENDANTS.



The opinion of the court was delivered by: District Judge Thomas M. Rose

Magistrate Judge Sharon L. Ovington

DECISION AND ENTRY

The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #36), to whom this case was originally referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby adopts said Report and Recommendations. It is therefore ORDERED that:

1. The Report and Recommendations filed on May 3, 2006 (Doc. #36) is ADOPTED in full.

2. The National Postal Mail Handlers Union's Motion for Summary Judgment (Doc. #28) is GRANTED;

3. The United States Postal Service's Alternative Motion for Summary Judgment (Doc. #34) is GRANTED, and its Motion to Dismiss (Doc. #34) is DENIED as moot;

4. Plaintiff's Complaint is DISMISSED with prejudice;

5. The Court CERTIFIES pursuant to 28 U.S.C. §1915(a) that an appeal by Plaintiff would not be taken in good faith, and therefore leave to appeal in forma pauperis is DENIED. Plaintiff, a non-prisoner, remains free to apply to proceed in forma pauperis in the Court of Appeals.

6. The case is terminated on the docket of this Court.

Thomas M. Rose United States District Judge

20060524

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