Terry v. Carter et al

Filing 50

ORDER adopting the 49 Report and Recommendations, and granting the 47 Motion for Summary Judgment, filed by Texas Department of Criminal Justice. It is further ordered that Terry's remaining claims against Defendants in their individua l capacities are dismissed. Accordingly, the above case is dismissed with prejudice with each party to bear its own costs of court. The Clerk is directed to close the case and deny all pending motions as moot. THIS IS A FINAL JUDGMENT. Signed by District Judge Marcia A. Crone on 3/10/2021. (kcv, )

UNITED STATES DISTRICT COURT

BARBARA A. TERRY,
Plaintiff,
versus
CHRISTOPHER CARTER, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:18-CV-00128

ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
This case is referred to the Honorable Zack Hawthorn, United States Magistrate Judge, for
all pretrial matters. The court has received and considered the Report and Recommendation of the
magistrate judge (Doc. No. 49), which recommends granting Defendant Texas Department of
Criminal Justice’s (“TDCJ”) “Motion for Summary Judgment” (Doc. No. 47) and dismissing
Terry’s remaining claims against the named Defendants because plaintiffs cannot recover against
employees in their individual capacities under Title VII. Neither party has filed objections to the
magistrate judge’s Report and Recommendation, and the time for doing so has passed.
It is, therefore, ORDERED that the magistrate judge’s Report and Recommendation
(Doc. No. 49) is ADOPTED; TDCJ’s “Motion for Summary Judgment” (Doc. No. 47) is
GRANTED. It is further ORDERED that Terry’s remaining claims against Defendants in their
individual capacities are DISMISSED.

Accordingly, the above case is DISMISSED WITH PREJUDICE with each party to bear
its own costs of court. The Clerk is directed to close the case and deny all pending motions as
moot.
THIS IS A FINAL JUDGMENT.
SIGNED at Beaumont, Texas, this 10th day of March, 2021.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE