Dillard v. International Brotherhood of Electrial Workers (MAG+)

Filing 8

ORDERED that 7 Objection to the Recommendation of the Magistrate Judge is overruled; (2) The 6 Recommendation of the Magistrate Judge is adopted; and (3) The plaintiff's complaint is DISMISSED as it fails to state a claim that defendant breached its duty of fair representation. Signed by Hon. Chief Judge Mark E. Fuller on 4/30/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION N U T IN A PEOPLES DILLARD, P la in tif f , v. IN T E R N A T IO N A L BROTHERHOOD O F ELECTRICAL WORKERS, D e f e n d a n t. ) ) ) ) ) ) ) ) )

C A S E NO. 2:08-cv-1006-MEF WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #7) to the Recommendation of the Magistrate Judge f ile d on April 15, 2009 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #6) filed on April 6, 2009 is a d o p te d ; 3 . The plaintiff's complaint is DISMISSED as it fails to state a claim that defendant b re a c h e d its duty of fair representation. DONE this the 30th day of April, 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE