Opinion
Civil Action H: 22-3713
08-10-2023
SYLIVA ACKLIN v. THE AURORA MEDICAL CENTER OF COLORADO, et al
ORDER ADOPTING MEMORANDUM AND ORDER
ANDREW S. HANEN, UNITED STATES DISTRICT JUDGE
Pending before the Court in the above referenced proceeding is Defendant are Defendants' Motions to Dismiss for failure to state a claim (Doc. Nos. 17,18); Plaintiff s Motions to Strike (Doc. Nos. 25,26); and, Judge Sheldon's Memorandum and Recommendation (Doc. No. 38) that the Court grant the Motions to Dismiss for Failure to State a Claim (Doc. Nos. 17, 18). Plaintiff has filed objections (Doc. No. 38) to the Memorandum and Recommendation.
The Court has carefully reviewed, de novo, the filings, the applicable law, the Magistrate Judge's Memorandum and Recommendation, and the objections thereto, and agrees with the Magistrate Judge's conclusion that Plaintiffs § 1983 claim against the Officers and the City was not timely filed; that Plaintiffs claims of Title VII retaliation, hostile work environment, and constructive discharge fail procedurally and substantively; and that Plaintiff did not include a separate cause of action for any due process violations and failed to defend same. It is accordingly
ORDERED that the Memorandum and Recommendation (Doc. No. 38) is ADOPTED; Plaintiffs Motions to Strike (Doc. Nos. 25,26) are DENIED; and Defendants' Motions to Dismiss for Failure to State a Claim (Doc. Nos. 17, 18) are GRANTED.
Plaintiffs case is DISMISSED WITH PREJUDICE.
Entry of this Order shall constitute entry of final judgment.