Opinion
Case No. 18-cv-04033-BLF
12-03-2018
MARIA A. RIVERA, Plaintiff, v. FIRST STUDENT, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION; DISMISSING CASE WITHOUT PREJUDICE
[Re: ECF 12]
The Court has reviewed the Report and Recommendation of Magistrate Judge Nathanael M. Cousins ("Report") to dismiss this action without prejudice because Plaintiff Maria A. Rivera's ("Plaintiff") second amended complaint (a) fails to plead necessary elements of her claims; (b) is barred by the applicable statutes of limitation; and (c) does not plead exhaustion of administrative remedies. See ECF 12. No objections to the Report and Recommendation have been filed and the deadline to object has lapsed.
The Court finds the Report correct, well-reasoned, and thorough, and ADOPTS it in every respect. Plaintiff brings claims for retaliation and wrongful termination but has failed to plead that she is a member of a protected class or was engaging in protected activity at the time of her termination. She also fails to plead facts demonstrating that the relevant statutes of limitations have not run and that she properly exhausted her claims.
Judge Cousins previously granted Plaintiff leave to amend based on these same deficiencies. See ECF 6, 10. Because Plaintiff failed to cure these deficiencies in her second amended complaint, the Court finds that further amendment would be futile. Accordingly, the action is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED. Dated: December 3, 2018
/s/_________
BETH LABSON FREEMAN
United States District Judge