Hicks v. Dallas County Community Colleges

Filing 55

Order Adopting 53 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. (Ordered by Judge Sidney A Fitzwater on 5/17/2018) (ykp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
AMY M. HICKS,
Plaintiff,
v.
DALLAS COUNTY COMMUNITY
COLLEGES,
Defendant.

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Civil Action No. 3:17-CV-0809-D

ORDER
After reviewing all relevant matters of record in this case, including the April 25, 2018
findings, conclusions, and recommendation of the United States Magistrate Judge and plaintiff’s
May 9, 2018 objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the court concludes that
the findings and conclusions of the magistrate judge are correct, and they are adopted as the findings
and conclusions of the court.
Accordingly, defendant’s February 6, 2018 motion to dismiss plaintiff’s second amended
complaint under Rule 12(b)(5) and 12(b)(6) is granted in part and denied in part. The court denies
defendant’s motion to dismiss under Rule 12(b)(5), and it grants defendant’s motion to dismiss
under Rule 12(b)(6) for failure to state a claim on which relief can be granted. This action is
dismissed with prejudice by judgment filed today.
SO ORDERED.
May 17, 2018.

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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE