Opinion
Civil 3:20-CV-03161-X-BH
08-16-2021
JACQUELINE N. TANZY, Plaintiff, v. ALEJANDRO MAYORKAS, Secretary of Homeland Security, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BRANTLEY STARR UNITED STATES DISTRICT JUDGE.
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. The plaintiff filed a notice of the right to object, which the Court construes as objections to the Magistrate Judge's findings, conclusions, and recommendation. Therefore, the Court reviewed the proposed findings, conclusions, and recommendation de novo. Having done so, the Court finds that the Findings and Conclusions of the Magistrate Judge are correct. So, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court GRANTS IN PART and DENIES IN PART the defendant's motion to dismiss [Doc. No. 24]. The plaintiff's discrimination claim based on her low performance rating is DISMISSED WITH PREJUDICE and her retaliation claims are DISMISSED WITHOUT PREJUDICE. The plaintiff's discrimination claim based on her denied overtime requests remains pending.
IT IS SO ORDERED.