Dyrenko v. United States Postal Service

Filing 11

ORDER: The 9 Report and Recommedation is ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Defendant's 5 Motion to Dismiss is GRANTED, and this case is DISMISSED for lack of jurisdiction and for failure to exhaust administrative remedies. Signed by District Judge Aleta A. Trauger on 09/28/09. (xc: Pltf by reg. and cert. mail)(ab)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION EDWARD DYRENKO, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant. ) ) ) ) ) ) ) ) ) ORDER On August 20, 2009, the Magistrate Judge issued a Report and Recommendation (Docket No. 9), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Defendant's Motion to Dismiss (Docket No. 5) is GRANTED, and this case is DISMISSED for lack of jurisdiction and for failure to exhaust administrative remedies. It is so ORDERED. Enter this 28th day of September 2009.

Civil No. 3:09-0592 Judge Trauger Magistrate Judge Brown

________________________________ ALETA A. TRAUGER U.S. District Judge