DATE: December 23, 1991
CASE NO. 91-ERA-10

IN THE MATTER OF

JIMMIE L. BUCK,
    COMPLAINANT,

    v.

TENNESSEE VALLEY AUTHORITY,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

   Before me for review is the Recommended Order of Dismissal (R.O.D.) issued by the Administrative Law Judge (ALJ) on November 5, 1991, in this case arising under the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5851 (1988). The ALJ recommended that the case be dismissed pursuant to Fed. R. Civ. P. 41(a)(1)(ii), governing voluntary dismissal by stipulation of the parties. The ALJ noted in his R.O.D. that both parties had stipulated to dismissal, and that no settlement is involved in the case. The ALJ further noted that Complainant, pro se, had been advised of the legal consequences of a dismissal in this case.

   Upon consideration, I agree that this case be, and it hereby is, DISMISSED. Fed. R. Civ. P. 41(a)(1)(ii); Hooks v. Transportation Services, Inc., Case No. 88-STA-7, Sec. order, June 24, 1988, slip op. at 2.

   SO ORDERED.

       LYNN MARTIN
       Secretary of Labor

Washington, D.C.