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16-2608 - Coleman v. Colvin


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16-2608 - Coleman v. Colvin
April 13, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that Plaintiff's employment discrimination claims under Title VII, the Age Discrimination in Employment Act, and the Rehabilitation Act be summarily DISMISSED WITHOUT PREJUDICE for lack of jurisdiction, and that Plaintiff's American with Disabilities Act claim be summarily DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B). It is further recommended, that Plaintiff's remaining claims under the Equal Pay Act, the Fair Labor Standard Act, the Texas Unemployment Compensation Act, 42 U.S.C. § 405(g), and/or the "No Fear Act" be DISMISSED WITH PREJUDICE for failure to state a claim, unless Plaintiff files an amended complaint alleging a viable claim against at least one defendant under the Equal Pay Act, the Fair Labor Standard Act, the Texas Unemployment Compensation Act, 42 U.S.C. § 405(g), and/or the "No Fear Act" within 14 days of the date of this recommendation. (Ordered by Magistrate Judge Renee Harris Toliver on 4/13/2017) (mcrd)
May 30, 2017
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ORDER: The 33 findings, conclusions, and recommendation of the magistrate judge are adopted. The court prospectively certifies that any appeal of this action would not be taken in good faith. In the event of an appeal, plaintiff may challenge this certification by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of the Court, U.S. Court of Appeals for the Fifth Circuit. (Ordered by Judge Sidney A Fitzwater on 5/30/2017) (sss)