UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) ERNEST HUNTER, ) ) Plaintiff, ) ) v. ) Civil Action No. 09-1491 (ABJ) ) DISTRICT OF COLUMBIA, ) ) Defendant. ) ____________________________________)

ORDER

Pursuant to Fed. R. Civ. P. 58, upon consideration of the Magistrate Judge’s Report and

Recommendation [Dkt. # 71] as well as plaintiff’s objections [Dkt. # 72], and for the reasons

stated in the accompanying Memorandum Opinion, it is hereby ORDERED that

1. The Magistrate Judge’s Report and Recommendation is ADOPTED;

2. Plaintiff’s motion for summary judgment [Dkt. # 51] is DENIED;

3. Defendant’s cross-motion for summary judgment [Dkt. # 66] is

GRANTED as to the remaining portions of Counts I and II; and

4. Counts IV and V are DISMISSED WITHOUT PREJUDICE. Plaintiff Ernest Hunter may re-file his state law claims in the Superior Court of the

District of Columbia within thirty days of this Order. See

(d). This is a final

appealable Order.

AMY BERMAN JACKSON United States District Judge

DATE: November 29, 2012

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