SMITH v. DONAHOE

Filing 54

ORDERED THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED TO THE EXTENT JUDGMENT IS ENTERED IN DEFENDANT'S FAVOR ON PLAINTIFF'S CLAIM THAT HE WAS DENIED A REASONABLE ACCOMODATION FOR HIS DISABILITY. IN ALL OTHER RESPECTS DEFENDANT' ;S MOTION IS DENIED. IT IS FURTHER ORDERED THAT PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE REASONABLE ACCOMMODATION CLAIM IS DENIED. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 9/30/2013. 10/2/2013 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ESTES SMITH
v.
PATRICK R. DONAHOE,
Postmaster General

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CIVIL ACTION

NO. 12-2639

ORDER
AND NOW, this 30th

day of September, upon consideration of Defendant’s

Motion for Summary Judgment, Plaintiff’s Motion for Partial Summary Judgment, the
responses and replies, and for the reasons stated in the accompanying Memorandum, IT
IS HEREBY ORDERED that the Defendant’s Motion is GRANTED to the extent
Judgment is entered in Defendant’s favor on Plaintiff’s claim that he was denied a
reasonable accommodation for his disability. For the reasons explained in the
accompanying memorandum, such a claim was not administratively exhausted. In all
other respects Defendant’s Motion is DENIED. IT IS FURTHER ORDERED that
Plaintiff’s Motion for Partial Summary Judgment on the reasonable accommodation
claim is DENIED.

BY THE COURT:
/s/ELIZABETH T. HEY
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ELIZABETH T. HEY
UNITED STATES MAGISTRATE JUDGE