Mason v. Johnson

Filing 20

ORDER: The Report and Recommendation 16 is approved, and Defendant's Motion to Dismiss 10 is DENIED. Signed by District Judge Todd J. Campbell on 12/30/15. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

DAVID R. MASON
v.
JEH JOHNSON, Secretary, Department
of Homeland Security

)
)
) NO. 3-15-0602
) JUDGE CAMPBELL
)
)

ORDER
Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket
No. 16) and Objections filed by the Defendant (Docket No. 19).
Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the
Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The
Objections of the Defendant are overruled, and the Report and Recommendation is adopted and
approved.
Defendant argues that Plaintiff’s Complaint fails to set forth an adverse employment action.
For purposes of a motion to dismiss, the Court must take all of the factual allegations in the
complaint as true. Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009). To survive a motion to dismiss,
a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is
plausible on its face. Id.
Although, as the Magistrate Judge notes, Plaintiff’s Complaint is sparse and may be subject
to summary judgment, the Court finds that, for purposes of a Motion to Dismiss, Plaintiff’s
Complaint is sufficient. With regard to Defendant’s de minimus argument, the case cited by
Defendant says simply that there may be a de minimus exception for temporary actions. In addition,

Plaintiff’s Complaint indicates that the discriminatory acts “are still being committed by Defendant.”
Docket No. 1, p. 3.
Accordingly, the Report and Recommendation is approved, and Defendant’s Motion to
Dismiss (Docket No. 10) is DENIED.
IT IS SO ORDERED.

___________________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE

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