Opinion
CIVIL SA-22-CV-529-OLG
02-13-2024
KATHLEEN GIRAMUR Plaintiff v. HONORABLE CHRISTINE E. WORMUTH, Secretary of the Army d/b/a Brooke Army Medical Center Defendant
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
ORLANDO L. GARCIA, UNITED STATES DISTRICT JUDGE
On this date the Court considered the report and recommendation of United States Magistrate Judge Henry J. Bemporad, filed in the above-styled and numbered cause on December 12,2023. Docket no. 35. Plaintiff filed objections, which have been considered. Docket no. 39. The Court has conducted an independent review of the record and has reviewed the applicable law. See 28 U.S.C. § 636(b)(1); Fed. R. ClV. P. 72(b). Upon review, the Court finds that the recommendation should be accepted in its entirety.
It is therefore ORDERED that the recommendation of United States Magistrate Judge Henry J. Bemporad (docket no. 35) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1). It is further ORDERED that Defendant's motion to dismiss the claims in Plaintiffs second amended complaint (docket no. 27) is GRANTED IN PART and DENIED IN PART for the reasons stated in the recommendation. All claims, with the exception of Plaintiffs retaliation claim, are DISMISSED WITH PREJUDICE.