Russell v. Secretary of the Air Force
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC # 18 ) AND SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT'S PARTIAL MOTION TO DISMISS (DOC. # 12 ) AND OVERRULING PLAINTIFF'S MOTION TO EXTEND TIME AS MOOT (DOC. # 7 ). Signed by Judge Walter H. Rice on 3/31/2021. (srb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
SECRETARY OF THE AIR
Case No. 3:19-cv-353
JUDGE WALTER H. RICE
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATIONS (DOC #18) AND
SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT’S
PARTIAL MOTION TO DISMISS (DOC. #12) AND OVERRULING
PLAINTIFF’S MOTION TO EXTEND TIME AS MOOT (DOC. #7)
Based on the reasoning and citations of authority set forth by United States
Magistrate Judge Sharon L. Ovington in her Report and Recommendations, as
well as upon a thorough de novo review of this Court’s file and the applicable law,
the Court adopts said judicial filing, Doc. #18. Although the parties were notified
of their right to file objections to the Report and Recommendations, and of the
consequences of failing to do so, no objections were filed within the time allotted.
The Court sustains Defendant’s Partial Motion to Dismiss, Doc. #12, dismissing
Plaintiff’s Title VII claim based on the alleged racially discriminatory verbal
counseling that occurred before or after November 2014 and overruling the
the remainder of said motion. Plaintiff’s Motion to Extend Time, Doc. #14, is
overruled as moot.
(tp - per Judge Rice authorization after his
Date: March 31, 2021
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
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