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07-260 - DIPAULO v. POTTER


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07-260 - DIPAULO v. POTTER
July 29, 2008
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MEMORANDUM OPINION and ORDER signed by JUDGE THOMAS D. SCHROEDER on 7/29/2008 that 1. USPS's Motion to Dismiss (Doc. 7) for insufficient service of process pursuant to Rule 12(b)(5), Fed. R. Civ. P. is DENIED; 2. USPS's Motion to Dismiss DiPaulo's appeal of the MSPB's decision (Doc. 7) for lack of jurisdiction is GRANTED, WITHOUT PREJUDICE; and 3. USPS's Motion to Dismiss DiPaulo's Complaint seeking relief under Title VII and the Rehabilitation Act of 1973 (Doc. 7) is GRANTED, WITHOUT PREJUDICE. Consequently, the action will be DISMISSED, WITHOUT PREJUDICE. (Lee, Lisa)