Morgan v. Texas Department of State Health Services

Filing 23

Order Adopting 21 Findings and Recommendation of the Magistrate Judge. Defendant's 12(b)(6) motion to dismiss (ECF No. 10 ), is granted, and plaintiff's Title VII discrimination claim is dismissed with prejudice for failure to exhaust administrative remedies. Plaintiff's remaining claims are dismissed sua sponte for failure to state a claim on which relief may be granted. (Ordered by Judge Sidney A Fitzwater on 7/20/2017) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NORRIS MORGAN,
Plaintiff,
vs.
TEXAS DEPARTMENT OF STATE
HEALTH SERVICES,
Defendant.

)
)
)
)
)
)
)
)
)

No. 3:17-CV-0047-D

ORDER
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted.
Defendant’s 12(b)(6) motion to dismiss, filed February 21, 2017 (ECF No. 10), is granted,
and plaintiff’s Title VII discrimination claim is dismissed with prejudice for failure to exhaust
administrative remedies.
Plaintiff’s remaining claims are dismissed sua sponte for failure to state a claim on which
relief may be granted.
By separate judgment, all of plaintiff’s claims against the defendant are dismissed with
prejudice.
SIGNED July 20, 2017.

_________________________________
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE