Opinion
Civil Action SA-22-CV-740-OLG
01-31-2024
EVGHENIA JENES Plaintiff v. SECRETARY OF VETERANS AFFAIRS Defendant
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
ORLANDO L. GARCIA, UNITED STATES DISTRICT JUDGE
The Court has considered the report and recommendation of United States Magistrate Judge Elizabeth S. Chestney, filed in the above-styled and numbered cause on December 11, 2023. Docket no. 24. Defendant objected to the recommendation in part. Docket no. 30.
The Court has conducted an independent review of the objected to findings and conclusions and has reviewed the applicable law. See 28 U.S.C. § 636(b)(1); FED. R. C1V. P. 72(b), The Court agrees with the Magistrate Judge's findings and conclusions and accepts the Magistrate Judge's recommendation.
It is therefore ORDERED that the Magistrate Judge's recommendation (docket no. 24) is ACCEPTED and Defendant's motion to dismiss (docket no. 20) is GRANTED IN PART and DENIED IN PART. For the reasons stated in the recommendation, Plaintiffs state law claims, her claims of disability discrimination and retaliation under the ADA and Rehabilitation Act, and her claims of hostile work environment and race discrimination under Title VII are dismissed with prejudice. Plaintiffs claims of national origin and sex discrimination and retaliation under Title VII shall remain pending,