EUFROSINA v. GATES et al

Filing 39

MEMORANDUM AND/OR OPINION ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOC. #32) IS GRANTED WITHOUT PREJUDICE TO PLAINTIFF; AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. #31) IS DENIED. ACCORDINGLY, THE CLERK IS DIRECTED TO CLOSE THE CASE.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/24/2009. 11/25/2009 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED TO COUNSEL.(tomg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DIACONU EUFROSINA : : v. : : ROBERT GATES, Secretary of Defense, : STEVE JOHNSON, Administrator, EPA, : U.S. DEPARTMENT OF DEFENSE, : U.S. ENVIRONMENTAL PROTECTION : AGENCY : CIVIL ACTION NO. 08-3633 ORDER AND NOW, this 24th day of November 2009, in accordance with the foregoing Memorandum, it is hereby ORDERED that Defendants' Motion to Dismiss (Doc. No. 32) is GRANTED, without prejudice to Plaintiff filing an administrative claim with the Department of Labor to seek relief under the Federal Employees' Compensation Act, 5 U.S.C. 8101 et seq., and Plaintiff's Motion for Summary Judgment (Doc. No. 31) is DENIED. Accordingly, the Clerk is directed to close the case. BY THE COURT: /s/ Michael M. Baylson_____ Michael M. Baylson, U.S.D.J. O :\C I V I L 07-08\08-3633 Eufrosina v. Gates\Eufrosina v. Gates - Order Mot. to Dismiss 11-24-09.wpd -1-

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