Fenelon v. Brennan

Filing 74

JUDGMENT; granting 51 Motion to Dismiss; granting 51 Motion to Dismiss for Lack of Jurisdiction; adopting 64 Report and Recommendations. IT IS ORDERED THAT the Defendant's Motion for Partial Dismissal Under Rule of Civil Procedure (12) (b)(l) and 12(c) [ECF No. 51] is GRANTED. The plaintiff's claims regarding the EEO Process and EEOC administrative judge are DISMISSED WITH PREJUDICE, as the Court lacks subject matter jurisdiction over such claims. The plaintiffs claims for disparate treatment discrimination and retaliation are DISMISSED WITH PREJUDICE.. Signed by Judge Robert R Summerhays on 3/16/2021. (crt,Jordan, P)

Case 6:18-cv-00245-RRS-CBW Document 74 Filed 03/16/21 Page 1 of 1 PageID #: 372

UNITED STATES DISTMCT COURT
WESTERN DISTMCT OF LOUISIANA
LAFAYETTE DIVISION
CHERYL L FENELON

CASE NO. 6:18-CV-00245

VERSUS

JUDGE ROBERT R. SUMMERHAYS

MEGAN BRENNAN

MAGISTRATE JUDGE CAROL B.

WHITEHURST
JUDGMENT

Presently before the Court is the Defendant's Motion for Partial Dismissal Under Rule of Civil
Procedure (12)(b)(l) and 12(c) [ECF No. 51]. The matter was referred to the magistrate judge for report
and recommendation. On December 30, 2020, the magistrate judge issued a Report and Recommendation

[ECF No. 64] recommending that the Motion to Dismiss be granted. Plaintiff has filed an objection to the
Report and Recommendation. After an independent review of the record, and considering the objection
filed, this Court concludes that the magistrate judge's Report and Recommendation is correct and adopts
the findings and conclusions therein as its own. Accordingly,

IT IS ORDERED THAT the Defendant's Motion for Partial Dismissal Under Rule of Civil

Procedure (12)(b)(l) and 12(c) [ECF No. 51] is GRANTED. The plaintiff's claims regarding the EEO
Process and EEOC administrative judge are DISMISSED WITH PREJUDICE, as the Court lacks subject
matter jurisdiction over such claims. The plaintiffs claims for disparate treatment discrimination and

retaliation are DISMISSED WITH PREJUDICE.

THUS DONE in Chambers on this

[^

-^
day of March, 2021.

ROBERT R. SUMMERHAYS j

UNITED STATES DISTRICT XJDGE/