Shaw v. Texas Juvenile Justice Department

Filing 11

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 8 Motion to Dismiss filed by Texas Juvenile Justice Department, 10 Report and Recommendations. It is, therefore, ORDERED that Defendants Motion to Dismiss as to Plaintiffs Title VII claim is DENIED. It is further ORDERED that Defendants Motion to Dismiss as to Plaintiffs Americans with Disabilities Act and Texas Commission on Human Rights Act claims are GRANTED. Signed by Judge Amos L. Mazzant, III on 12/16/2016. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

VELMA SHAW,

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Plaintiff,
v.
TEXAS JUVENILE JUSTICE
DEPARTMENT,
Defendant.

CIVIL ACTION NO. 4:16CV409
JUDGE MAZZANT/JUDGE JOHNSON

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
the matter having been heretofore referred to the United States Magistrate Judge pursuant to 28
U.S.C. § 636. On November 23, 2016, the report of the Magistrate Judge (Dkt. #10) was entered
containing proposed findings of fact and recommendations that Defendant Texas Juvenile Justice
Department’s Motion to Dismiss (Dkt. #8) be granted in part and denied in part.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court.
It is, therefore, ORDERED that Defendant’s Motion to Dismiss as to Plaintiff’s Title VII
claim is DENIED. It is further ORDERED that Defendant’s Motion to Dismiss as to Plaintiff’s
Americans with Disabilities Act and Texas Commission on Human Rights Act claims are
GRANTED.

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IT IS SO ORDERED.

SIGNED this 16th day of December, 2016.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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