Spears v. UNITED STATES DEPARTMENT OF AGRICULTURE et al

Filing 32

ORDER granting 18 Motion to Dismiss; granting 18 Motion for Summary Judgment. The Court ADOPTS the defendants' Memorandum as stating the rationale for this ruling. Signed by Judge James C. Fox on 3/27/2009. Copies served. (Edwards, S.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DMSION BRIAN MERLE SPEARS, Plaintiff, v. MIKE JOHANNS, Secretary, UNITED STATES DEPARTMENT OF AGRICULTURE; and ANDREW S. NATSIOS, Administrator, UNITED STATES AGENCY FOR INTERNATIONAL ) DEVELOPMENT, 1 Defendants. 1 1 1 1 1 1 1 1 ORDER For the reasons cogently set forth in the Memorandum in Support [DE-191 thereof, the defendants' Motion to Dismiss or for Summary Judgment [DE-181, is ALLOWED, and this action is DISMISSED. The court ADOPTS the defendants' Memorandum as stating the rationale for this ruling. The plaintiff admits that he is an employee of the Department of Agriculture. His claims alleging employment discrimination only may be brought against his employer, against which he must exhaust his administrative remedies before filing a civil lawsuit. Spears's administrative claim against the United States Agency for International Development, which claim he dismissed, is inadequate to satisfy the exhaustion requirement for his allegations of discrimination against his employer, the USDA. SO ORDERED. This the -9' day of March, 2009. AMES C. FOX States District Judge

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