Morgan v. Texas Department of State Health Services
Filing
39
Order Accepting 38 Findings and Recommendations on Motion re: 27 Dismiss for Failure to State a Claim filed by Texas Department of State Health Services. (Ordered by Judge Sidney A Fitzwater on 5/1/2018) (epm)
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.
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Civil Action No. 3:17-CV-0897-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, and defendant’s November 28, 2017 amended
12(b)(6) motion to dismiss is granted.
Accordingly, plaintiff’s Title VII claims are dismissed for failure to exhaust administrative
remedies, and plaintiff’s claims based on criminal violations and the Family and Medical Leave Act
are dismissed for failure to state a claim on which relief can be granted. Plaintiff’s Title VII claims
are therefore dismissed without prejudice, and plaintiff’s remaining claims are dismissed with
prejudice.
SO ORDERED.
May 1, 2018.
_________________________________
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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