ELDEED v. POTTER

Filing 16

ORDER (of MEMORANDU AND/OR OPINION (DOC. # 15)) - UPON CONSIDERATION OF DEFENDANT'S MOTINO TO DISMISS (DOC. #55) AND PLAINTIFF'S RESPONSE (DOC. #14), IT IS ORDERED THAT THE DEFENDANT'S MOTION IS GRANTED AS FOLLOWS: 1) PLAINTIFF'S TITLE VII CLAIM BASE ON AN ALLEGEDLY HOSTILE WORK ENVIRONMENT IS DISMISSED WITHOUT PREJUDICE; AND 2) PLAINTIFF'S TITLE VII CLAIM BASED ON HIS ALLEGED "ASSIGNMENT TO HAZARDOUS WORK" IS DISMISSED FOR FAILURE TO EXHAUST MANDATORY ADMINIST RATIVE REMEDIES. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE LEAVE TO AMEND HIS COMPLAINT BY JANUARY 18, 2010.. SIGNED BY HONORABLE ANITA B. BRODY ON 12/8/2009. 12/9/2009 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, ) Modified on 12/9/2009 (mo, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

OSAMA E. ELDEEB

: : Plaintiffs, : : v. : : JOHN E. POTTER, POSTMASTER : GENERAL, UNITED STATES POSTAL : SERVICE : : Defendants. :

CIVIL ACTION NO. 08-3625

ORDER AND NOW, this 8th day of December 2009, upon consideration of Defendant's

Motion to Dismiss (Doc. #5) and Plaintiff's Response (Doc. #14), it is ORDERED that the Defendant's Motion is GRANTED as follows: 1) Plaintiff's Title VII claim based on an allegedly hostile work environment is dismissed without prejudice; and 2) Plaintiff's Title VII claim based on his alleged "assignment to hazardous work" is dismissed for failure to exhaust mandatory administrative remedies. It is further ORDERED that Plaintiff shall have leave to amend his complaint by January 18, 2010. s/Anita B. Brody

ANITA B. BRODY, J. Copies VIA ECF on _______ to: Copies MAILED on _______ to: