§ 2585 (1971). The policy set forth in the recent additions to the Federal Magistrates Act is a persuasive example of the course this Court should follow in reviewing Magistrate Margolis's findings of fact.
In light of the foregoing, the Court holds that it must accept Magistrate Margolis's findings of fact, unless it finds them clearly erroneous.
IV. THE MAGISTRATE'S FINDINGS ARE ADEQUATE.
Reviewing both the exhibits before the Magistrate and plaintiff's allegations of error, the Court is unpersuaded by plaintiff's claims of error. The Magistrate's decision was not clearly erroneous; indeed, it was based on ample evidence.
Plaintiff's allegations of discrimination are essentially threefold: 1) he was discriminated against by his supervisor, Ira Kaye, in the conditions of his employment; 2) he was discriminated against by Jack Ramsey when he was not selected for a promotion; and 3) he was terminated in reprisal for his previously filed complaints of discrimination.
With respect to the first issue, there was ample evidence to show that Mr. Oliver had a poor work record, that he was not assigned inferior work space, and that he had an outside telephone line. On the second issue, the evidence fully supported the Magistrate's findings that individuals ranked highest by the ranking panel received the promotions sought by plaintiff, and that race was not a factor in plaintiff's failure to receive these promotions. The ranking panel itself was two-thirds black; it rated plaintiff fifth out of nine persons for one promotion and fourth out of four for the other promotion. In addition, the evidence showed that the downgrading of the Supervisory CAP Specialist position was merely designed to make this position conform to government standards; thus, it was not in reprisal for plaintiff's complaints of discrimination. Finally, there existed a sufficient basis in the record for the Magistrate's finding that plaintiff was terminated solely for good cause. Prior to plaintiff's termination, a full hearing, at which plaintiff was represented by counsel, was conducted before an examiner; the examiner found plaintiff had filed an inaccurate travel voucher showing an expenditure in excess of actual costs for lodging. The examiner also concluded that plaintiff had defied the order of a superior to refrain from using a travel order previously issued to him. Plaintiff's firing was later upheld by the Federal Employee Appeals Authority.
In light of the foregoing, the Court concludes that Magistrate Margolis's findings of fact and conclusions of law are supported by substantial evidence. Accordingly, the Court affirms both those findings and the judgment for defendant.
An order in accordance with the foregoing shall be issued of even date herewith.