alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2004 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

12-30-2004

USA v. Constant

Precedential or Non-Precedential: Non-Precedential

Docket No. 04-1025

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2004 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Constant" (2004). 2004 Decisions. Paper 27.

http://digitalcommons.law.villanova.edu/thirdcircuit_2004/27
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 04-1025

___________

UNITED STATES OF AMERICA

 v.

IVAN CONSTANT,

 Appellant

___________

On Appeal from the United States District Court

for the Eastern District of Pennsylvania

(D.C. Civil No. 02-cr-00434-1)

District Judge: The Honorable Anita B. Brody

___________

Submitted Under Third Circuit LAR 34.1(a)

December 13, 2004

Before: NYGAARD, ROSENN, and BECKER, Circuit Judges.

(Filed: December 30, 2004)

___________

OPINION OF THE COURT

___________
NYGAARD, Circuit Judge.

Arguing that the felon-in-possession statute, 18 U.S.C. § 922(g), is

unconstitutional on its face and as applied to him, Appellant Ivan Constant challenges his

conviction under that statute. As we have previously considered and rejected an identical

claim, see United States v. Singletary, 268 F.3d 196 (3d Cir. 2001), we affirm his

conviction.
i i i i i i

MEMORANDUM OPINION

No. 04-08-00140-CV

WEEKS MARINE, INC.,

Appellant

v.

Laura GONZALES,

Appellee

From the 229th Judicial District Court, Starr County, Texas

Trial Court No. DC-03-424

Honorable Alex William Gabert, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: December 17, 2008

DISMISSED

The parties have filed a joint motion to dismiss this appeal, stating that they have fully

compromised and settled all issues in dispute. The motion is granted, and this appeal is dismissed.

See TEX. R. APP. P. 42.1(a); Caballero v. Heart of Tex. Pizza, LLC, 70 S.W.3d 180, 181 (Tex.

App.—San Antonio 2001, no pet.). Costs of appeal are taxed against the parties who incurred them.

See TEX. R. APP. P. 42.1(d).

PER CURIAM
[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Notices]
[Page 73034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6165]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Child Health and Human Development; Notice 
of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) 552b(c)(6), Title 5 U.S.C., 
as amended. The grant applications and the discussions could disclose 
confidential trade secrets or commercial property such as patentable 
material, and personal information concerning individuals associated 
with the grant applications, the disclosure of which would constitute a 
clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel, International Extramural 
Associates Research Development Awards (IEARDA).
    Date: January 10, 2008.
    Time: 2 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6100 Executive Boulevard, 
5B01, Rockville, MD 20852, (Telephone Conference Call).
    Contact Persons: Michele C. Hindi-Alexander, PhD, Division of 
Scientific Review, National Institutes of Health, National Institute 
for Child Health, and Human Development, 6100 Executive Boulevard, 
Room 5B01, Bethesda, MD 20812-7510, (301) 435-8382, 
<a href="/cdn-cgi/l/email-protection#1179787f7578707d7c517c70787d3f7f78793f767e67"><span class="__cf_email__" data-cfemail="f39b9a9d979a929f9eb39e929a9fdd9d9a9bdd949c85">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)


    Dated: December 17, 2007.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 07-6165 Filed 12-21-07; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
# C_2010290EN.01000901.xml

| 27.10.2010 | EN | Official Journal of the European Union | C 290/9 |
| --- | --- | --- | --- |

27.10.2010

EN

Official Journal of the European Union

C 290/9

---

Euro exchange rates (1)

1

26 October 2010

2010/C 290/03

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3912 |
| JPY | Japanese yen | 113,11 |
| DKK | Danish krone | 7,4577 |
| GBP | Pound sterling | 0,87685 |
| SEK | Swedish krona | 9,3028 |
| CHF | Swiss franc | 1,3558 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,1200 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,618 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 274,60 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7097 |
| PLN | Polish zloty | 3,9352 |
| RON | Romanian leu | 4,2750 |
| TRY | Turkish lira | 1,9785 |
| AUD | Australian dollar | 1,4108 |
| CAD | Canadian dollar | 1,4245 |
| HKD | Hong Kong dollar | 10,7925 |
| NZD | New Zealand dollar | 1,8549 |
| SGD | Singapore dollar | 1,8053 |
| KRW | South Korean won | 1 558,32 |
| ZAR | South African rand | 9,6340 |
| CNY | Chinese yuan renminbi | 9,2691 |
| HRK | Croatian kuna | 7,3423 |
| IDR | Indonesian rupiah | 12 410,75 |
| MYR | Malaysian ringgit | 4,3079 |
| PHP | Philippine peso | 60,064 |
| RUB | Russian rouble | 42,2875 |
| THB | Thai baht | 41,611 |
| BRL | Brazilian real | 2,3674 |
| MXN | Mexican peso | 17,2473 |
| INR | Indian rupee | 61,9850 |

Currency

Exchange rate

USD

US dollar

1,3912

JPY

Japanese yen

113,11

DKK

Danish krone

7,4577

GBP

Pound sterling

0,87685

SEK

Swedish krona

9,3028

CHF

Swiss franc

1,3558

ISK

Iceland króna

NOK

Norwegian krone

8,1200

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,618

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

274,60

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7097

PLN

Polish zloty

3,9352

RON

Romanian leu

4,2750

TRY

Turkish lira

1,9785

AUD

Australian dollar

1,4108

CAD

Canadian dollar

1,4245

HKD

Hong Kong dollar

10,7925

NZD

New Zealand dollar

1,8549

SGD

Singapore dollar

1,8053

KRW

South Korean won

1 558,32

ZAR

South African rand

9,6340

CNY

Chinese yuan renminbi

9,2691

HRK

Croatian kuna

7,3423

IDR

Indonesian rupiah

12 410,75

MYR

Malaysian ringgit

4,3079

PHP

Philippine peso

60,064

RUB

Russian rouble

42,2875

THB

Thai baht

41,611

BRL

Brazilian real

2,3674

MXN

Mexican peso

17,2473

INR

Indian rupee

61,9850

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
Third District Court of Appeal

State of Florida

Opinion filed August 9, 2023.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-2454

Lower Tribunal No. 18-32743

________________

Arlette Breto,

Appellant,

vs.

Universal Property & Casualty Insurance Company,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Alan Fine, 

Judge.

Chad Barr Law, and Chad A. Barr (Altamonte Springs), for appellant.

Bernstein, Chackman, Liss, and Steven J. Chackman (Hollywood); 

Russo Appellate Firm, P.A., and Paulo R. Lima and Elizabeth K. Russo, for 

appellee.

Before LOGUE, C.J., and LINDSEY and LOBREE, JJ. 

PER CURIAM.

Affirmed.
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

RICKY COOK,

Plaintiff,

v. CASE NO. 5:10-cv-00234-RS -GRJ

MIKE SCOTT, et al,

Defendants.

_____________________________/

O R D E R

Plaintiff, an inmate proceeding pro se and currently incarcerated at Florida State

Prison at Raiford, Florida, has filed a civil rights complaint under 42 U.S.C. §1983

against persons in Ft. Myers, Florida, for events that occurred at the Lee County Jail,

also in Ft. Myers, Florida. Because the Defendants and the events giving rise to the

claims occurred in Lee County, which is in the Middle District of Florida, the proper

forum for this action pursuant to 28 U.S.C. § 1391(b) and 28 U.S.C. § 89(b) is in the

United States District Court for the Middle District of Florida, Ft. Myers Division. 

A federal district court has the authority under 28 U.S.C. § 1406(a) to dismiss a

case when it has been filed in the wrong district or division or, “if it be in the interest of

justice,” to transfer it to another district or division "in which it could have been brought." 

Accordingly, it is

ORDERED:

This case is TRANSFERRED to the United States District Court for the Middle
Page 2 of 2

District of Florida, Ft. Myers Division, for all further proceedings. The Clerk is directed to

take all action necessary to transfer the file to the Ft. Myers Division of the Middle

District of Florida.

DONE AND ORDERED this 16th day of September, 2010. 

s/Gary R. Jones

GARY R. JONES

United States Magistrate Judge

Case No: 5:10-cv-00234-RS -GRJ
Exhibit 32(o)



CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





|(1) | The Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2008 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|    |                                                                                                                                                                                                                 
|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods presented in the Report.







|/s/ Michael R. KanslerMichael R. Kansler
Chairman, President, and Chief Executive Officer of
System Energy Resources, Inc.
|--------------------------------------------------------------------------------------------------------------------------



Date:	August 7, 2008
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

MARK WILSON,

Plaintiff,

vs. CASE NO.: 5:11-cv-25-SPM-GRJ

C. E. RICHARDSON, et al.,

Defendants.

___________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

THIS CAUSE comes before the court upon the Magistrate Judge’s Report

and Recommendation (doc. 6). Plaintiff has been mailed a copy and has been

afforded an opportunity to file objections pursuant to Title 28, United States Code,

Section 636(b)(1). No objections have been filed. Having considered the Report

and Recommendation, it is hereby ORDERED AND ADJUDGED as follows:

1. The Magistrate Judge’s Report and Recommendation (doc. 6) is

adopted and incorporated by reference in this order.

2. Wilson v. Richardson, Case No. 5:11-cv-26-RS-GRJ, is consolidated

with the above-styled case for all further proceedings. All findings will

be made in this case.

DONE AND ORDERED this twenty-third day of May, 2011.

s/ Stephan P. Mickle 

Stephan P. Mickle

Chief United States District Judge

Case 5:11-cv-00026-RS-GRJ Document 11 Filed 05/23/11 Page 1 of 1
# C_2010085EN.01000201.xml

| 31.3.2010 | EN | Official Journal of the European Union | C 85/2 |
| --- | --- | --- | --- |

31.3.2010

EN

Official Journal of the European Union

C 85/2

---

Euro exchange rates (1)

1

30 March 2010

2010/C 85/03

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3482 |
| JPY | Japanese yen | 124,80 |
| DKK | Danish krone | 7,4439 |
| GBP | Pound sterling | 0,89330 |
| SEK | Swedish krona | 9,7803 |
| CHF | Swiss franc | 1,4316 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,0410 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,443 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 265,90 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7088 |
| PLN | Polish zloty | 3,8759 |
| RON | Romanian leu | 4,0715 |
| TRY | Turkish lira | 2,0583 |
| AUD | Australian dollar | 1,4650 |
| CAD | Canadian dollar | 1,3731 |
| HKD | Hong Kong dollar | 10,4682 |
| NZD | New Zealand dollar | 1,8925 |
| SGD | Singapore dollar | 1,8863 |
| KRW | South Korean won | 1 523,55 |
| ZAR | South African rand | 9,9389 |
| CNY | Chinese yuan renminbi | 9,2025 |
| HRK | Croatian kuna | 7,2640 |
| IDR | Indonesian rupiah | 12 241,67 |
| MYR | Malaysian ringgit | 4,4066 |
| PHP | Philippine peso | 61,056 |
| RUB | Russian rouble | 39,6675 |
| THB | Thai baht | 43,594 |
| BRL | Brazilian real | 2,4140 |
| MXN | Mexican peso | 16,7339 |
| INR | Indian rupee | 60,8020 |

Currency

Exchange rate

USD

US dollar

1,3482

JPY

Japanese yen

124,80

DKK

Danish krone

7,4439

GBP

Pound sterling

0,89330

SEK

Swedish krona

9,7803

CHF

Swiss franc

1,4316

ISK

Iceland króna

NOK

Norwegian krone

8,0410

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,443

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

265,90

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7088

PLN

Polish zloty

3,8759

RON

Romanian leu

4,0715

TRY

Turkish lira

2,0583

AUD

Australian dollar

1,4650

CAD

Canadian dollar

1,3731

HKD

Hong Kong dollar

10,4682

NZD

New Zealand dollar

1,8925

SGD

Singapore dollar

1,8863

KRW

South Korean won

1 523,55

ZAR

South African rand

9,9389

CNY

Chinese yuan renminbi

9,2025

HRK

Croatian kuna

7,2640

IDR

Indonesian rupiah

12 241,67

MYR

Malaysian ringgit

4,4066

PHP

Philippine peso

61,056

RUB

Russian rouble

39,6675

THB

Thai baht

43,594

BRL

Brazilian real

2,4140

MXN

Mexican peso

16,7339

INR

Indian rupee

60,8020

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
# C_2010123EN.01000201.xml

| 12.5.2010 | EN | Official Journal of the European Union | C 123/2 |
| --- | --- | --- | --- |

12.5.2010

EN

Official Journal of the European Union

C 123/2

---

Euro exchange rates (1)

1

11 May 2010

2010/C 123/02

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2698 |
| JPY | Japanese yen | 117,38 |
| DKK | Danish krone | 7,4425 |
| GBP | Pound sterling | 0,85960 |
| SEK | Swedish krona | 9,6563 |
| CHF | Swiss franc | 1,4095 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8410 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,590 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 276,10 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7076 |
| PLN | Polish zloty | 4,0499 |
| RON | Romanian leu | 4,1798 |
| TRY | Turkish lira | 1,9521 |
| AUD | Australian dollar | 1,4200 |
| CAD | Canadian dollar | 1,3031 |
| HKD | Hong Kong dollar | 9,8808 |
| NZD | New Zealand dollar | 1,7725 |
| SGD | Singapore dollar | 1,7607 |
| KRW | South Korean won | 1 443,55 |
| ZAR | South African rand | 9,6145 |
| CNY | Chinese yuan renminbi | 8,6715 |
| HRK | Croatian kuna | 7,2618 |
| IDR | Indonesian rupiah | 11 548,38 |
| MYR | Malaysian ringgit | 4,0792 |
| PHP | Philippine peso | 57,150 |
| RUB | Russian rouble | 38,3840 |
| THB | Thai baht | 41,072 |
| BRL | Brazilian real | 2,2687 |
| MXN | Mexican peso | 15,9449 |
| INR | Indian rupee | 57,4970 |

Currency

Exchange rate

USD

US dollar

1,2698

JPY

Japanese yen

117,38

DKK

Danish krone

7,4425

GBP

Pound sterling

0,85960

SEK

Swedish krona

9,6563

CHF

Swiss franc

1,4095

ISK

Iceland króna

NOK

Norwegian krone

7,8410

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,590

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

276,10

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7076

PLN

Polish zloty

4,0499

RON

Romanian leu

4,1798

TRY

Turkish lira

1,9521

AUD

Australian dollar

1,4200

CAD

Canadian dollar

1,3031

HKD

Hong Kong dollar

9,8808

NZD

New Zealand dollar

1,7725

SGD

Singapore dollar

1,7607

KRW

South Korean won

1 443,55

ZAR

South African rand

9,6145

CNY

Chinese yuan renminbi

8,6715

HRK

Croatian kuna

7,2618

IDR

Indonesian rupiah

11 548,38

MYR

Malaysian ringgit

4,0792

PHP

Philippine peso

57,150

RUB

Russian rouble

38,3840

THB

Thai baht

41,072

BRL

Brazilian real

2,2687

MXN

Mexican peso

15,9449

INR

Indian rupee

57,4970

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
Exhibit 32.1
 
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 AND CHIEF FINANCIAL OFFICER
 
 PURSUANT TO
 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 The undersigned, Jeremy Glenn Driver, the Chief Executive Officer of Strategic American Oil Corporation, and Johnathan Lindsay, the Chief Financial Officer of Strategic American Oil Corporation, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge, the Quarterly Report on Form 10-Q/A of Strategic American Oil Corporation, for the quarterly period ended January 31, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the information contained in the Quarterly Report on Form 10-Q/A fairly presents in all material respects the financial condition and results of operations of Strategic American Oil Corporation.
 
 Date: January 7, 2011
 /s/ "Jeremy Glenn Driver"
  Jeremy Glenn Driver
 Chief Executive Officer
 
 
 /s/ "Johnathan Lindsay"
  Johnathan Lindsay
 Chief Financial Officer
 
 A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form within the electronic version of this written statement required by Section 906, has been provided to Strategic American Oil Corporation and will be retained by Strategic American Oil Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ARCH INSURANCE COMPANY,

Plaintiff,

v. Case No. 3:09cv395/RV/EMT

UNITED STATES OF AMERICA, et al.,

Defendants.

_______________________________/

O R D E R

Before the court is the parties’ Joint Motion for Revision of the Case Scheduling Order (Doc.

92). Upon consideration, the court concludes that the motion should be granted. 

Accordingly, it is ORDERED:

The parties’ joint motion (Doc. 92) is GRANTED. The Final Scheduling Order (Doc. 21),

which incorporated the parties’ Joint Report (Doc. 20), is amended to reflect the following

deadlines: 

March 31, 2011 Close of Non-Expert Fact Discovery

May 20, 2011 Plaintiff’s expert disclosures and reports due

July 1, 2011 Defendants’ expert disclosures and reports due

July 22, 2011 Plaintiff’s rebuttal expert disclosures and reports due

October 14, 2011 Deadline for completion of all discovery

December 16, 2011 Deadline for filing of dispositive motions

January 20, 2012 Deadline to complete mediation

In all other respects, the Final Scheduling Order remains in effect.

DONE AND ORDERED this 13th day of September 2010.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE
FILED

United States Court of Appeals

Fifth Circuit

March 27, 2003

Charles R. Fulbruge III

Clerk

In the

United States Court of Appeals

for the Fifth Circuit

_______________

m 02-30915

Summary Calendar

_______________

ANTOINETTE M. ANDERSON,

Plaintiff-Appellant,

VERSUS

UNITED STATES POSTAL SERVICE

AND

JOHN E. POTTER, POSTMASTER GENERAL,

Defendants-Appellees.

_________________________

Appeal from the United States District Court

for the Eastern District of Louisiana

m 00-CV-1118-S

_________________________

Before HIGGINBOTHAM, SMITH, and 

CLEMENT, Circuit Judges.

PER CURIAM:

*

Antoinette Anderson sued her former employer, the United States Postal Service, for

retaliation under title VII and for failure to

*

Pursuant to 5TH CIR. R. 47.5, the court has

determined that this opinion should not be published

(continued...)

*

(...continued)

and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
2

provide reasonable accommodations underthe

Rehabilitation Act. In its comprehensive Order and Reasons, entered August 28, 2002, the

district court granted summary judgment. 

The court concluded that “[t]he result of

Anderson’sfitness-for-duty exam indicate [sic]

that her condition is permanent and she cannot

meet the requirements for a mailhandler position.” This sufficiently resolves the issue of

accommodation. 

Regarding retaliation, the court noted that

“Anderson does not address the nondiscriminatoryreasonwhich the Postmaster offered to

explain her termination. She does not dispute

that she had no seniority to select a job on a

specific unit and that she was subject to assignment as needed, usually to the less desirable positions.” Accordingly, as the court reasoned, “the record conclusively reveals that

the Postmaster had a nondiscriminatoryreason

for terminating Anderson’s employment, and

Anderson has not produced evidence that her

termination would not have occurred ‘but for’

her filing EEOC complaints.”

The summary judgment is AFFIRMED,

essentially for the reasons given by the district

court.
Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 1 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 2 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 3 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 4 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 5 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 6 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 7 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 8 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 9 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 10 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 11 of 12Case 1:10-cv-00126-MCR-GRJ Document 1 Filed 06/29/10 Page 12 of 12