Chapman v. Sears, Roebuck Co.

Full title: ANTHONY D. CHAPMAN, Plaintiff, v. SEARS, ROEBUCK and CO., Defendant

Court: United States District Court, N.D. Georgia, Atlanta Division

Date published: Dec 29, 2005

1:05-CV-1299-WSD (N.D. Ga. Dec. 29, 2005)

Opinion

1:05-CV-1299-WSD.

December 29, 2005

ORDER

WILLIAM DUFFEY JR., District Judge

This matter is before the Court on the Report and Recommendation issued by Magistrate Judge Walker [6]. Because no objections to the Report and Recommendation have been filed, the Court must conduct a plain error review of the record. United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983), cert. denied, 464 U.S. 1050 (1984). After careful review, the Court finds no plain error in the Magistrate Judge's factual or legal conclusions.

Accordingly,

IT IS HEREBY ORDERED that the Court ADOPTS AS ITS ORDER the Magistrate Judge's Report and Recommendation. Defendant's Motion to Dismiss [2] is GRANTED IN PART and DENIED IN PART. Defendant's motion is GRANTED as to Plaintiff's federal-law claims for race discrimination and retaliation and these claims are DISMISSED. Defendant's motion is DENIED as to Plaintiff's state-law claims and these claims are DISMISSED WITHOUT PREJUDICE.

SO ORDERED.