Shelton v. Lowe et al

Filing 22

ORDER overruling objections and adopting 16 Report and Recommendation by granting 7 Motion to Dismiss. Pltf has 14 days from receipt of this order to formally amend her complaint to address the deficiencies described in the R&R regarding her d iscrimination claims. The claims against defts Narcisse, Boykin, Poullard, Carter, Oliver, Cooper, Manuel-Fontenot, Wells, Brewer, Rawlins-Gilder, Wright, Edison, Herring, Chambers, Levias, Crossman, McMullin, Jeffcoat, Glass, Shelly, Joseph, Lowe, Jackson, Fontenot, Allen, Howard, Knod, Narcisse, Allen, Mallett and Woodward are dismissed with prejudice. Signed by Judge Ron Clark on 8/21/17. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
TINA MARIE SHELTON,
Plaintiff,
v.
ASHLEY LOWE, et al,
Defendants.

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CIVIL ACTION NO. 1:17-CV-193-RC

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The court referred this case to the Honorable Zack Hawthorn, United States Magistrate
Judge, for pre-trial proceedings pursuant to General Order 05-07. The court has received and
considered Judge Hawthorn’s report and recommendation (Doc. No. 16), filed on July 19, 2017,
which recommends granting “Defendants’ Motion to Dismiss” (Doc. No. 7) submitted by Ashley
Lowe, Natishia Mallett, Jeffrey Woodward, David Jeffcoat, Demetria Edison, Brittany Narcisse,
Jonathan Joseph, Lance Knod, Courtney Narcisse, Mary Rawlins-Gilder, Santorya Wells,
Schuyler Levias, Christopher Carter, Virgil McMullin, Wayne Brewer, Todd Allen, FNU
Chambers, FNU Manuel-Fontenot, FNU Wright, Robert Crossman, FNU Oliver, FNU Jackson,
Caroline Herring, Eve Shelly, Billy J. Allen, Pedro Boykin, K. Fontenot, FNU Howard, RoShanda
Poullard, James Cooper, and Lee Glass (“Defendants”). The magistrate judge also recommended
that the Plaintiff, Tina Marie Shelton, be given an opportunity to amend her complaint.
Shelton has filed a “Response and Objections to Report and Recommendation.” (Doc. No.
20). A party who files timely written objections to a magistrate judge’s report and recommendation
is entitled to a de novo determination of those findings or recommendations to which the party

specifically objects. 28 U.S.C. § 636(b)(l)(c); FED. R. CIV. P. 72(b)(2)–(3). After conducting a de
novo review of Judge Hawthorn’s report and recommendation, the court concludes that Shelton’s
objections are without merit.
In Shelton’s “Response and Objections to Report and Recommendation Granting Motion
to Dismiss,” it is unclear whether Shelton is specifically objecting to the report and
recommendation or attempting to amend her complaint as allowed by the magistrate judge. (Doc.
No. 20). To the extent her response is intended as objections to the report and recommendation,
those objections are overruled. As the magistrate judge recommended, dismissal against the
Defendants is proper because supervisors and coworkers are not liable under Title VII or the
ADEA in their individual capacities. (Doc. No. 16, at 1).

Shelton shall amend her complaint

within fourteen (14) days of the date of this order to state a claim against the proper defendant.
It is, therefore, ORDERED that Shelton’s objections (Doc. No. 20) are OVERRULED,
and Judge Hawthorn’s report and recommendation (Doc. No. 16) is ADOPTED. Shelton shall be
allowed fourteen (14) days from the receipt of this order to formally amend her complaint to
address the deficiencies described in Judge Hawthorn’s report regarding Shelton’s discrimination
claims. The claims against Ashley Lowe, Natishia Mallett, Jeffrey Woodward, David Jeffcoat,
Demetria Edison, Brittany Narcisse, Jonathan Joseph, Lance Knod, Courtney Narcisse, Mary
Rawlins-Gilder, Santorya Wells, Schuyler Levias, Christopher Carter, Virgil McMullin, Wayne
Brewer, Todd Allen, FNU Chambers, FNU Manuel-Fontenot, FNU Wright, Robert Crossman,

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FNU Oliver, FNU Jackson, Caroline Herring, Eve Shelly, Billy J. Allen, Pedro Boykin, K.
Fontenot, FNU Howard, RoShanda Poullard, James Cooper, and Lee Glass are DISMISSED
WITH PREJUDICE.

So ORDERED and SIGNED this 21 day of August, 2017.

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Ron Clark, United States District Judge

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