Opinion
CIVIL ACTION NO. 4:20-CV-00156
10-30-2020
EVA KRISTINE STRAMASKI, Plaintiff. v. TEXAS A&M ENGINEERING EXPERIMENT STATION, ET AL., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
On May 15, 2020, this case was referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 15. Judge Edison considered Defendant's Motion to Dismiss Plaintiff's First Amended Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim (Dkt. 18) (the "Motion"). On August 20, 2020, Judge Edison filed a Memorandum and Recommendation (Dkt. 23) recommending that the Motion (Dkt. 18) be GRANTED in part and DENIED in part.
On September 3, 2020, Defendant, Dr. Mark Lawley, filed his Objections. Dkt. 24. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3).
The Court has carefully considered the Objections raised by Dr. Lawley; the Memorandum and Recommendation; the pleadings; and the record. The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it as the opinion of the Court. Accordingly, it is hereby ORDERED and ADJUDGED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 23) is APPROVED and ADOPTED in its entirety as the holding of the Court; and
(2) the Motion (Dkt. 18) is GRANTED in part and DENTED in part in accordance with Judge Edison's Memorandum and Recommendation (Dkt. 23).
It is so ORDERED.
SIGNED and ENTERED the 30th day of October, 2020.
/s/_________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE