Smith v. Dallas County Hospital District et al

Filing 26

Order Accepting Findings and Recommendations re: 24 Findings and Recommendations on Motion re: 13 Dismiss for Failure to State a Claim filed by Dallas County Hospital District. The plaintiff is therefore ORDERED to file a second amended complaint repleading her Title VII and retaliation claims by 3/12/2014. If she fails to do so, her case will be dismissed with prejudice without further notice. (Ordered by Senior Judge A. Joe Fish on 2/19/2014) (tla)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

OCTAVIA SMITH,
Plaintiff,
VS.
DALLAS COUNTY HOSPITAL
DISTRICT d/b/a PARKLAND HEALTH
AND HOSPITAL SYSTEM,
Defendant.

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CIVIL ACTION NO.
3:13-CV-0792-G (BN)

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files, and records in this
case, and the findings and recommendation of the United States Magistrate Judge
dated January 29, 2014, the court finds that the findings and recommendation of the
magistrate judge are correct and they are accepted as the findings and
recommendation of the court.
The plaintiff is therefore ORDERED to file a second amended complaint
repleading her Title VII and retaliation claims by March 12, 2014. If she fails to do
so, her case will be dismissed with prejudice without further notice.

The plaintiff filed objections to the magistrate judge’s recommendation, in
which she made a number of factual allegations to support her Title VII and
retaliation claims and argued that dismissal was improper. See Plaintiff’s Objections
to Report and Recommendation (docket entry 25). The plaintiff is reminded that she
still has an opportunity to amend her complaint, and that if she wishes for the court
to consider those allegations in support of her claims, she can include them in her
second amended complaint.

February 19, 2014.

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A. JOE FISH
Senior United States District Judge

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