Burkett v. Department of Agriculture et al

Filing 9

ORDER granting 5 Motion to Dismiss filed by Linda Newkirk. Signed by Chief Judge J. Leon Holmes on 11/30/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BEVERLY D. BURKETT
v.

PLAINTIFF
No. 5:11CV00170 JLH

THOMAS J. VILSACK, in his official capacity
as Secretary, U.S. DEPARTMENT OF AGRICULTURE

DEFENDANT

ORDER
Linda Newkirk has filed a motion to dismiss the complaint against her, arguing that the
plaintiff’s sole remedy is under Title VII, and the only proper defendant is Thomas Vilsack, in his
official capacity as Secretary of the Department of Agriculture. The plaintiff has not responded to
the motion to dismiss. The motion to dismiss appears to be meritorious and therefore, without
objection, will be granted. Document #5. Beverly Burkett’s claims against Linda Newkirk, in her
individual and official capacity as State Director of the Farm Service Agency for the Department
of Agriculture, are dismissed.
IT IS SO ORDERED this 30th day of November, 2011.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE