Wilson v. Postal Service (U.S.)

Filing 38

ORDER denying pltf's 36 Motion to Withdraw his discrimination case; granting deft's 23 Motion for Summary Judgment. Signed by Judge G. Thomas Eisele on 7/5/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CALVIN G. WILSON

VS.

PLAINTIFF

CASE NO. 4:09-CV-00806 GTE

JOHN E. POTTER,
Postmaster General
United States Postal Service

DEFENDANT

ORDER
The Court in an earlier Order provided Plaintiff Calvin Wilson with an opportunity to
show cause why Defendant’s summary judgment motion should not be granted. See Order
dated June 11, 2011, doc. no. 30. The Court in that Order noted that it appeared judgment in
favor of the Defendant was appropriate. The Court set a deadline of June 24, 2011, for Plaintiff
to respond. On June 27, 2011, Plaintiff filed a motion to withdraw his discrimination case, citing
his declining health as the cause.
Because a motion for summary judgment is pending, it is not appropriate to simply
dismiss Plaintiff’s claim. The Court will, however, grant Defendant summary judgment.
Defendant contends and the record appears uncontroverted that Plaintiff can not prevail on his
claim that the United States Postal Service discriminated against him on the basis of his
disability and failed to accommodate his disability in violation of the Rehabilitation Act.
IT IS THEREFORE ORDERED THAT Defendant’s motion for summary judgment
(docket no. 23) be, and it is hereby, GRANTED. All claims asserted by Plaintiff in this case are
hereby DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED THAT Plaintiff’s motion to withdraw his discrimination
case (docket no. 36) be, and it is hereby, DENIED.
IT IS SO ORDERED this 5th day of July, 2011.
/s/Garnett Thomas Eisele
UNITED STATES DISTRICT JUDGE