Rushell v. UT MD Anderson Cancer Ctr.

Full title: RUSHELL A SOMERS v. UT MD ANDERSON CANCER CENTER

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Oct 17, 2019

CIVIL ACTION NO. 4:19-CV-390 (S.D. Tex. Oct. 17, 2019)

Opinion

CIVIL ACTION NO. 4:19-CV-390

10-17-2019

RUSHELL A SOMERS v. UT MD ANDERSON CANCER CENTER

ANDREW S. HANEN UNITED STATES DISTRICT JUDGE

ORDER ADOPTING MEMORANDUM AND ORDER

Pending before the Court is Defendant's Motion for Partial Dismissal (Doc. No. 16) to of Plaintiff's Title VII race discrimination claim for failure to state a claim; and, Judge Stacy's Memorandum and Recommendation (Doc. No. 18) that the Court grant the Defendant's Motion. Plaintiff did not respond to Defendant's Motion, nor were objections filed to the Memorandum and Recommendation.

Upon review, the Court agrees with the Magistrate Judge's conclusion that Plaintiff Rushell Somers has not stated a plausible race discrimination claim in her Amended Complaint (Doc. No. 16). Therefore, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Plaintiffs Title VII claim of race discrimination will be dismissed. Accordingly, it is hereby

ORDERED that the Memorandum and Recommendation (Doc. No. 18) is ADOPTED, and The University of Texas MD Anderson Cancer Center's Motion for Partial Dismissal (Doc. No. 16) is GRANTED. It is further

ORDERED that Plaintiff's Title VII claim of race discrimination is DISMISSED.

SIGNED at Houston, Texas, this 17^th day of October 2019.

/s/_________

ANDREW S. HANEN

UNITED STATES DISTRICT JUDGE