Lasseigne v. White

Filing 57

ORDER ADOPTING 45 Report and Recommendations; GRANTING in part and DENYING in part 30 Motion to Dismiss for Failure to State a Claim. Signed by Judge Thomas W. Thrash, Jr on 2/8/2016. (adg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
GANNON LASSEIGNE,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:14-CV-3156-TWT

MARY JO WHITE
as Chairman of the Securities and
Exchange Commission,
Defendant.

ORDER

This is an employment discrimination action. It is before the Court on the
Report and Recommendation [Doc. 45] of the Magistrate Judge recommending
granting in part and denying in part the Defendant’s Motion to Dismiss [Doc. 30]. For
the reasons set forth in the thorough and well-reasoned Report and Recommendation,
the Plaintiff failed to exhaust administrative remedies as to his hostile work
environment claim. The Court will not consider the new arguments and evidence that
were not submitted to the Magistrate Judge. With respect to the retaliation claim, the
only adverse employment action alleged is the unacceptable performance appraisal of
February 6, 2013. Any claim of a Privacy Act violation cannot be based upon the
investigation by OPM.
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The Court approves and adopts the Report and

Recommendation as the judgment of the Court. The Defendant’s Motion to Dismiss
[Doc. 30] is GRANTED in part and DENIED in part.
SO ORDERED, this 8 day of February, 2016.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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