Unpublished Dispositiondavid N. Jones, Plaintiff-appellant, v. Anthony Frank, Postmaster General, United States Postalservice, Defendant-appellee, 904 F.2d 707 (6th Cir. 1990)

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US Court of Appeals for the Sixth Circuit - 904 F.2d 707 (6th Cir. 1990) June 6, 1990

Before NATHANIEL R. JONES and RYAN, Circuit Judges, and JOHN W. PECK, Senior Circuit Judge.


ORDER

David N. Jones, a pro se Michigan litigant, appeals from the judgment of the district court granting defendant's motion to dismiss. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Jones alleged that the Postmaster General of the United States Postal Service wrongfully fired him from his job as a mail clerk in 1957. He sought reinstatement and back pay plus interest.

The district court referred the case to a magistrate who recommended granting defendant's motion to dismiss on statute of limitations and other grounds. See McSurely v. Hutchinson, 823 F.2d 1002, 1005 (6th Cir. 1987), cert. denied, 485 U.S. 934 (1988); Carroll v. Wilkerson, 782 F.2d 44, 45 (6th Cir.) (per curiam), cert. denied, 479 U.S. 923 (1986). The district court adopted the report and recommendation over Jones's objections.

Upon review, we find no error. Accordingly, we hereby affirm the judgment of the district court for the reasons set forth in the magistrate's report and recommendation dated June 30, 1989, as adopted by the district court's judgment dated July 26, 1989. Rule 9(b) (5), Rules of the Sixth Circuit.

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