Robinson v. R&L Foods (MAG+)

Filing 35

ORDER directing that: (1) The 33 Recommendation of the Magistrate Judge is ADOPTED; (2) Plaintiff's 34 Objection is OVERRULED; and (3) Defendant's 23 Motion for Summary Judgment is GRANTED, as further set out. Signed by Honorable Judge Mark E. Fuller on 12/12/11. (Attachments: # 1 Civil Appeals Checklist)(scn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION TANESHIA ROBINSON, Plaintiff, v. R & L Foods (Wendy’s), Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 2:11-cv-020-MEF ORDER On November 21, 2011, the Magistrate Judge filed a Recommendation (Doc. # 33) that this Court grant Defendant’s Motion for Summary Judgment (Doc. # 23) on Plaintiff’s race-based discharge and racially hostile work environment claims. Plaintiff has filed a timely Objection to the Recommendation. (Doc. # 34.) The court reviews de novo the portion of the Recommendation to which the Objection applies. 28 U.S.C. § 636(b)(1). For the reasons that follow, the Objection is due to be overruled and the Recommendation adopted. Plaintiff’s Objection offers nothing but speculative conclusions. As to Plaintiff’s race-based discharge claim, Plaintiff’s assertion that Mrs. Murr (a caucasian senior cash register operator) was terminated “to protect the company” is without factual support. Furthermore, it does nothing to advance Plaintiff’s prima facie case. Plaintiff must identify a similarly situated individual outside the protected class who was treated more favorably than Plaintiff, not identically to Plaintiff. Like Plaintiff, Mrs. Murr was terminated. As to the racially hostile work environment claim, Plaintiff’s subjective feeling that the word “bitch” was used in a racist manner does not convert the word – which in no way implicates race – into an actionable racial slur. Hurt feelings do not give rise to a cause of action. Accordingly, it is ORDERED that: (1) The Recommendation (Doc. # 33) is ADOPTED; (2) Plaintiff’s Objection (Doc. # 34) is OVERRULED; and (3) Defendant’s Motion for Summary Judgment (Doc. # 23) is GRANTED. An appropriate final judgment will be entered. DONE this the 12th day of December, 2011. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE 2

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