Doe v. University of North Texas

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - GRANTING 6 Motion to Dismiss, filed by University of North Texas, 12 Report and Recommendations. It is hereby ORDERED that Defendant's Motion to Dismiss pursuant to Rule 12(b)(1) (Dkt. # 6-1) is GRANTED. It is further ORDERED that Plaintiff's above-entitled and numbered cause of action is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Amos L. Mazzant, III on 12/10/2018. (baf, )

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United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION JON UNT-RS DOE V. UNIVERSITY OF NORTH TEXAS § § § § § Civil Action No. 4:18CV17 Judge Mazzant/Magistrate Judge Craven ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. On November 20, 2018, the magistrate judge issued a Report and Recommendation, recommending Defendant’s Motion to Dismiss pursuant to Rule 12(b)(1) (Dkt. # 6-1) be granted. The magistrate judge further recommended Plaintiff’s above-entitled and numbered cause of action be dismissed without prejudice. To date, no objections have been filed to the November 20, 2018 Report and Recommendation. As noted in the 19-page Report and Recommendation, failure to file objections to the proposed findings and recommendations contained in the report within fourteen days after service bars an aggrieved party from de novo review by the district court of those proposed findings and recommendations and from appellate review of factual findings accepted or adopted by the district court except on grounds of plain error or manifest injustice. There being no grounds of plain error or manifest injustice, the Court hereby adopts the Report of the United States Magistrate Judge as the findings and conclusions of this Court. Based on the foregoing analysis, it is hereby ORDERED that Defendant’s Motion to Dismiss pursuant to Rule 12(b)(1) (Dkt. # 6-1) is . GRANTED. It is further ORDERED that Plaintiff’s above-entitled and numbered cause of action is DISMISSED WITHOUT PREJUDICE. SIGNED this 10th day of December, 2018. ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE 2

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