Opinion
Civil Action 9:22-CV-00029
03-27-2023
CALVASHA SUMMERS, Plaintiff, v. LYNN P. TORRES, SUPERINTENDENT, & LUFKIN INDEPENDENT SCHOOL DISTRICT, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Michael J. Truncale United States District Judge
On December 30, 2022, the Court referred Defendants Lynn P. Torres, Superintendent, and Lufkin Independent School District's (collectively, “Defendants”) Motion to Dismiss Plaintiff's First Amended Complaint [Dkt. 17] to United States Magistrate Judge Zack Hawthorn for consideration and disposition. [Dkt. 36]. On March 10, 2023, Judge Hawthorn issued his Report and Recommendation, recommending that this Court grant Defendants' instant motion to dismiss. [Dkt. 44]. On March 24, 2023, Summers filed her Objections to Magistrate Judge's Report and Recommendation. [Dkt. 51].
A party who files timely written objections to a magistrate judge's report and recommendation is entitled to a de novo determination of those findings or recommendations to which the party specifically objects. 28 U.S.C. § 636(b)(1)(c); Fed.R.Civ.P. 72(b)(2)-(3). “Parties filing objections must specifically identify those findings [to which they object]. Frivolous, conclusive or general objections need not be considered by the district court.” Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415 (5th Cir. 1996) (en banc).
The Court has conducted a de novo review of Judge Hawthorn's Report and Recommendation and has carefully considered Plaintiff's objections. The Court finds that Judge Hawthorn's conclusions are correct, and that Plaintiff's objections are without merit.
It is therefore ORDERED that Plaintiff Calvasha Summers's Objections to Magistrate Judge's Report and Recommendation [Dkt. 51] are OVERRULED and Judge Hawthorn's Report and Recommendation Granting Defendants Lynn P. Torres, Superintendent, and Lufkin Independent School District's Motion to Dismiss [Dkt. 44] is ADOPTED. Accordingly, Plaintiff Calvasha Summers's First Amended Complaint [Dkt. 13] against Defendants Lynn P. Torres, Superintendent, and Lufkin Independent School District is DISMISSED WITH PREJUDICE. The Court will issue a Final Judgment separately.