LAMPRON v. POSTMASTER GENERAL et al, No. 2:2009cv00477 - Document 56 (D. Me. 2011)

Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 53 Report and Recommendations. By JUDGE D. BROCK HORNBY. (mnw)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE LINDA L. LAMPRON, PLAINTIFF v. POSTMASTER GENERAL, DEFENDANT ) ) ) ) ) ) ) ) ) CIVIL NO. 09-477-P-H ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On March 31, 2011, the United States Magistrate Judge filed with the court, with copies to counsel, his Recommended Decision on Defendant s Motion for Partial Summary Judgment. The plaintiff filed an objection to the Recommended Decision on April 18, 2011. Upon stipulation of the parties, the Report and Recommended Decision is ADOPTED to the extent that partial summary judgment is granted in favor of the Postal Service on Count I with respect to the alleged retaliatory transfer from Waterboro to Alfred, but it is not granted as to the claim of retaliation claim regarding the events in Alfred after the transfer. The defendant also has conceded that summary judgment should be denied as to Count III. Accordingly summary judgment is GRANTED on Count I of the Complaint with respect to the alleged retaliatory transfer from Waterboro to Alfred, but is otherwise DENIED. The Clerk s Office may set the case for trial. SO ORDERED. DATED THIS 6TH DAY OF MAY, 2011 /s/D. Brock Hornby D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2

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