Gray v. AECOM

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 30 Report and Recommendation. It is therefore ORDERED that Amentums Motion to Dismiss for Failure to Obey Court Order and Prosecute Claims and Failure to Cooperate in Discovery (Docket No. 27) is GRANTED. It is further ORDERED that Plaintiffs above-entitled and numbered consolidated causes of action are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Robert W. Schroeder, III on 11/6/20. (lfs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
FELICIA GRAY,
Plaintiff,
v.
AMENTUM SERVICES, INC.,
Defendant.

FELICIA GRAY,
Plaintiff,
v.
RED RIVER ARMY DEPOT,
Defendant.

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CIVIL ACTION NO. 5:19-CV-00168-RWS
LEAD CASE

CIVIL ACTION NO. 5:19-CV-00167-RWS

ORDER
Plaintiff Felicia Gray filed this lawsuit against Defendants Amentum Services, Inc. and
Red River Army Depot alleging employment discrimination under Title VII of the Civil Rights
Act of 1964. Docket No. 1 (Complaint). Amentum moved to dismiss due to Gray’s lawsuit for
failure to obey a court order, prosecute her claims and to cooperate in discovery. Docket No. 27.
The Magistrate Judge recommends granting Amentum’s motion and dismissing the above-entitled
consolidated causes of action. Docket No. 30 (“Report and Recommendation”).

Because no objections to the Magistrate Judge’s Report have been filed, 1 neither party is
entitled to de novo review by the District Judge of those findings, conclusions and
recommendations, and except upon grounds of plain error, they are barred from appellate review
of the unobjected-to factual findings and legal conclusions accepted and adopted by the District
Court. 28 U.S.C § 636(b)(1)(C); Douglass v. United Services Automobile Assoc., 79 F.3d 1415,
1430 (5th Cir. 1996) (en banc).
Nonetheless, the Court has reviewed the motion and the Magistrate Judge’s Report and
Recommendation and agrees with the Report. See United States v. Raddatz, 447 U.S. 667, 683
(1980) (“[T]he statute permits the district court to give to the magistrate’s proposed findings of
fact and recommendations ‘such weight as [their] merit commands and the sound discretion of the
judge warrants.’ ”) (quoting Mathews v. Weber, 23 U.S. 261, 275 (1976)). As such, the Court

.
ADOPTS the Magistrate Judge’s Report and Recommendation as the findings and conclusions of
the Court. It is therefore
ORDERED that Amentum’s Motion to Dismiss for Failure to Obey Court Order and
Prosecute Claims and Failure to Cooperate in Discovery (Docket No. 27) is GRANTED. It is
further
ORDERED that Plaintiff’s above-entitled and numbered consolidated causes of action are
DISMISSED WITHOUT PREJUDICE.
So ORDERED and SIGNED this 6th day of November, 2020.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

1

On October 21, 2010, Gray, proceeding pro se, acknowledged receipt of the Report and
Recommendation. Docket No. 31.
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