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17-897 - Morgan v. Texas Department of State Health Services


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17-897 - Morgan v. Texas Department of State Health Services
November 2, 2017
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Findings, Conclusions, and Recommendation re: 21 Defendant's 12(b)(6) Motion to Dismiss. If Plaintiff does not file an amended complaint within 14 days allotted for objections to this recommendation, or a deadline otherwise set by the Court, Defendant's motion to dismiss should be GRANTED, and Plaintiff's Title VII discrimination, retaliation, and harassment claims should be DISMISSED without prejudice for failure to exhaust administrative remedies, Plaintiff's claim based on a criminal statute should be DISMISSED with prejudice for failure to state a claim, and his First Amendment claim should sua sponte be 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 11/2/2017) (mcrd)
November 30, 2017
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ORDER denying without prejudice as moot 21 Motion to Dismiss; adopting Report and Recommendations re 24 Findings and Recommendations on Case. (Ordered by Judge Sidney A Fitzwater on 11/30/2017) (Judge Sidney A Fitzwater)
March 29, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION: Defendant's 27 motion to dismiss should be GRANTED, and Plaintiff's Title VII claims should be DISMISSED without prejudice for failure to exhaust administrative remedies, and Plaintiff's claims based on criminal violations and the FMLA should be DISMISSED with prejudice for failure to state a claim. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/29/2018) (zkc)
May 1, 2018
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Order Accepting 38 Findings and Recommendations on Motion re: 27 Dismiss for Failure to State a Claim filed by Texas Department of State Health Services. (Ordered by Judge Sidney A Fitzwater on 5/1/2018) (epm)