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17-047 - Morgan v. Texas Department of State Health Services


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17-047 - Morgan v. Texas Department of State Health Services
June 5, 2017
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Findings, Conclusions, and Recommendation re: 10 Defendant's 12(b)(6) Motion to Dismiss. If Plaintiff does not file an amended complaint within the 14 days allotted for objections to this recommendation, or a deadline otherwise set by the Court, Defendant's motion to dismiss should be GRANTED, Plaintiff's Title VII discrimination claim should be DISMISSED with prejudice for failure to exhaust administrative remedies, and his remaining claims should be sua sponte DISMISSED with prejudice for failure to state a claim. If Plaintiff timely files an amended complaint, however, the motion to dismiss should be DENIED as moot, and the action should be allowed to proceed on the amended complaint. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/5/2017) (mcrd)
July 20, 2017
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Order Adopting 21 Findings and Recommendation of the Magistrate Judge. Defendant's 12(b)(6) motion to dismiss (ECF No. 10), is granted, and plaintiff's Title VII discrimination claim is dismissed with prejudice for failure to exhaust administrative remedies. Plaintiff's remaining claims are dismissed sua sponte for failure to state a claim on which relief may be granted. (Ordered by Judge Sidney A Fitzwater on 7/20/2017) (axm)