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Eldeeb v. Potter

December 8, 2009

OSAMA E. ELDEEB PLAINTIFFS,
v.
JOHN E. POTTER, POSTMASTER GENERAL, UNITED STATES POSTAL SERVICE DEFENDANTS.



ORDER

AND NOW, this 8th day of December 2009, upon consideration of Defendant's Motion to Dismiss (Doc. #5) and Plaintiff's Response (Doc. #14), it is ORDERED that the Defendant's Motion is GRANTED as follows:

1) Plaintiff's Title VII claim based on an allegedly hostile work environment is dismissed without prejudice; and

2) Plaintiff's Title VII claim based on his alleged "assignment to hazardous work" is dismissed for failure to exhaust mandatory administrative remedies.

It is further ORDERED that Plaintiff shall have leave to amend his complaint by January 18, 2010.

ANITA B. BRODY, J.

20091208

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