Houston v. City of Atlanta et al

Filing 18

ORDER ADOPTING 11 Report and Recommendation GRANTING in part and DENYING in part 5 Motion to Dismiss for Failure to State a Claim. It is denied as to the retaliation claim in Count II. It is GRANTED as to all other claims. Signed by Judge Thomas W. Thrash, Jr on 1/13/2016. (adg)

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

CIVIL ACTION FILE
NO. 1:15-CV-3112-TWT

CITY OF ATLANTA, et al.,
Defendants.

ORDER

This is an employment discrimination action. It is before the Court on the
Report and Recommendation [Doc. 11] of the Magistrate Judge recommending
granting in part and denying in part the Defendants’ Motion to Dismiss [Doc. 5]. For
the reasons set forth in the thorough and well-reasoned Report and Recommendation,
the Plaintiff cannot conflate his hostile work environment claim and his retaliation
claim to expand his EEOC charge or to avoid the 180 day filing requirement. His
Section 1983 claim is barred by the statute of limitations. He fails to allege facts that
would support a claim for intentional infliction of emotional distress or a negligent
hiring claim. The Court approves and adopts the Report and Recommendation as the
judgment of the Court. The Defendants’ Motion to Dismiss [Doc. 5] is GRANTED
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in part and DENIED in part. It is denied as to the retaliation claim in Count II. It is
GRANTED as to all other claims.
SO ORDERED, this 13 day of January, 2016.

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

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