Bateman

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Before the Court is defendant United States Postal Service’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The matter came on regularly for hearing on January 19, 2001. Kelechi Charles Emez-iem of Emeziem & Ogbu, LLP, appeared for plaintiff Walter Bateman. Alex Tse, Assistant United States Attorney, appeared for defendant United States Postal Service.

At the January 19, 2001 hearing, the Court ordered the parties to file supplemental briefs, and continued the hearing to March 16, 2001. Having considered the supplemental papers submitted, the Court deems the matter appropriate for decision without further hearing, VACATES the hearing scheduled for March 16, 2001, and rules as follows.

PROCEDURAL BACKGROUND

This action proceeds on plaintiffs First Amended Complaint (“FAC”), filed November 7, 1997. The only named defendant is the Postmaster of the United States Postal Service.

On May 6, 1998, upon motion filed by defendant, the Court dismissed all of plaintiffs causes of action, with the exception of plaintiffs federal claims of race discrimination, disability discrimination, and…