Sanford v. SCA, Inc. (MAG+)

Filing 9

ORDERED and ADJUDGED as follows: (1) The 4 Recommendation of the Magistrate Judge is adopted; (2) Plf's Title VII claims are dismissed with prejudice, pursuant to 28 USC § 1915(e)(2)(B), for plf's failure to exhaust administrative re medies in a timely manner; (3) Plf's complaint is construed to state a 42 USC § 1981 claim for retaliatory discharge; (4) This action is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 4/22/2013. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

BARBARA A. SANFORD,
Plaintiff,
v.
SCA, INC.,
Defendant.

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CIVIL ACTION NO.
3:13cv153-MHT
(WO)

ORDER
On March 26, 2013, the magistrate judge filed a
recommendation in this case to which no timely objections
have been filed.

Upon an independent and de novo review

of the file in this case and upon consideration of the
recommendation of the magistrate judge, it is ORDERED and
ADJUDGED as follows:
(1) The recommendation of the magistrate judge (Doc.
# 4) is adopted .
(2) Plaintiff’s Title VII claims are dismissed with
prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B), for

plaintiff’s failure to exhaust administrative remedies in
a timely manner.
(3) Plaintiff’s complaint is construed to state a 42
U.S.C. § 1981 claim for retaliatory discharge.
(4) This action is referred back to the magistrate
judge for further proceedings.
DONE, this the 22nd day of April, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE