King v. Baylor Univ.

Full title: ALLISON KING, Plaintiff, v. BAYLOR UNIVERSITY, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION

Date published: Mar 31, 2021

No. 6-20-CV-00504-ADA (W.D. Tex. Mar. 31, 2021)

Opinion

6-20-CV-00504-ADA

03-31-2021

ALLISON KING, Plaintiff, v. BAYLOR UNIVERSITY, Defendant.

ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Before the Court is the Report and Recommendation of United States Magistrate Judge Jeffrey C. Mankse. ECF No. 49. The Report recommends that this Court grant Defendant's Motion to Dismiss (ECF No. 31), and that Plaintiff's First Amended Complaint (ECF No. 28) be dismissed with prejudice. Because the Report recommends dismissal on the merits, the Report further recommends that Plaintiff's Motion for Appointment of Interim Class Counsel (ECF No. 27) be denied. The Report and Recommendation was filed on January 1, 2021.

A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b). A district court need not consider "[f]rivolous, conclusive, or general objections." Battle v. U.S. Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass'n, 79 F.3d 1415 (5th Cir. 1996)).

Plaintiff filed objections on February 11, 2021. ECF No. 50. The Court has conducted a de novo review of the motion to dismiss and motion to remand, the responses, the report and recommendation, the objections to the report and recommendation, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge's findings and recommendation should be adopted.

IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Manske, ECF No. 49, is ADOPTED.

IT IS FURTHER ORDERED that Defendant's objections are OVERRULED.

IT IS FURTHER ORDERED that Defendant's Motion to Dismiss (ECF No. 31) is GRANTED and Plaintiff's First Amended Complaint (ECF No. 28) is DISMISSED WITH PREJUDICE in accordance with the Report and Recommendation.

IT IS FINALLY ORDERED that Plaintiff's Motion for Appointment of Interim Class Counsel (ECF No. 27) is DENIED. SIGNED this 31st day of March, 2021.

/s/_________

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE