Caldwell v. Department of Defense et al (MAG+)
ORDERED as follows: 1) The 52 Recommendation of the Magistrate Judge is ADOPTED; 2) Dft's 31 motion to dismiss or, in the alternative, for summary judgment is GRANTED; 3) Plf's retaliation claims, to the extent that they arise from disc rete instances of allegedly retaliatory conduct that occurred prior to 3/2/2013, are DISMISSED pursuant to FRCP 12(b)(6) based upon Plf's failure to exhaust administrative remedies; and 4) Summary judgment is entered in Dft's favor on all of Plf's remaining claims of retaliation. Signed by Chief Judge William Keith Watkins on 2/4/2015. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
CHUCK HAGEL, Secretary,
United States Department of Defense,
CASE NO. 2:13-CV-713-WKW
On January 15, 2015, the Magistrate Judge filed a Recommendation to which no
timely objections have been filed. (Doc. # 52.) Upon an independent review of the file and
upon consideration of the Recommendation, it is ORDERED as follows:
The Recommendation of the Magistrate Judge (Doc. # 52) is ADOPTED;
Defendant’s motion to dismiss or, in the alternative, for summary judgment
(Doc. # 31) is GRANTED;
Plaintiff’s retaliation claims, to the extent that they arise from discrete
instances of allegedly retaliatory conduct that occurred prior to March 2, 2013,
are DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(6) based
upon Plaintiff’s failure to exhaust administrative remedies; and
Summary judgment is entered in Defendant’s favor on all of Plaintiff’s
remaining claims of retaliation.
DONE this 4th day of February, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
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