Davenport v. Mabus et al

Filing 43

ORDER (memorandum filed previously as separate docket entry)(1)the MSPBs Final Decision sustaining the plaintiffs removal from her position with the Navy due to her inability to perform her job and denying the plaintiffs affirmative defense of failure to accommodate is AFFIRMED; and(2)JUDGMENT is entered in favor of the defendant and against the plaintiff with respect to Count I of the plaintiffs amended complaint.Signed by Honorable Malachy E Mannion on 5/8/19. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LISA M. DAVENPORT,

:
:

Plaintiffs

CIVIL ACTION NO. 1:16-0494
:

v.
:

(JUDGE MANNION)

RICHARD SPENCER, SECRETARY
of the DEPT. of the NAVY,
:
Defendant

:
ORDER

In accordance with the memorandum issued by the court this same day,
IT IS HEREBY ORDERED THAT:
(1)

the MSPB’s Final Decision sustaining the plaintiff’s removal
from her position with the Navy due to her inability to
perform her job and denying the plaintiff’s affirmative
defense of failure to accommodate is AFFIRMED; and

(2)

JUDGMENT is entered in favor of the defendant and
against the plaintiff with respect to Count I of the plaintiff’s
amended complaint.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: May 8, 2019
16-0494-02-ORDER.wpd