Opinion
Civil Action SA-21-CA-1008-FB(HJB)
09-11-2024
MOSMMAT M. SULTANA-NEILL, Plaintiff, v. LOUIS DEJOY, in his Official Capacity as Postmaster General, Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
FRED BIERY UNITED STATES DISTRICT JUDGE
Before the Court is the Report and Recommendation of United States Magistrate Judge (docket no. 56), filed in the above-captioned cause on August 19, 2024. To date, no objections to the Report and Recommendation have been received.
Any party who desires to object to a Magistrate's findings and recommendations must serve and file his, her or its written objections within fourteen days after being served with a copy of the findings and recommendation. 28 U.S.C. § 635(b)(1). If service upon a party is made by mailing a copy to the party's last known address, “service is complete upon mailing.” FED. R. CIV. P. 5(b)(2)(C). If service is by electronic means, “service is complete upon transmission.” Id. at (E).
Because no party has objected to the Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court has reviewed the Report and Recommendation and finds its reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989).
IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge (docket no. 56) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Defendant's Motion for Summary Judgment (docket no. 50) is GRANTED in PART and DENIED in PART. The Court GRANTS summary judgment for Defendant on any claims arising from instances of retaliation alleged to have occurred or to have been discovered before February 15, 2019, as those claims are barred as a result of Plaintiff's failure to timely exhaust her administrative remedies. With respect to the claims arising from instances of retaliation alleged to have occurred or to have been discovered after February 15, 2019, the Court GRANTS summary judgment as to Plaintiff's claim regarding her non-selection for the Supervisor position in August of 2019. In all other respects, summary judgment is DENIED. This case continues to be referred to the Magistrate Judge for further pretrial proceedings.
It is so ORDERED.