Smith v. Dallas County Hospital District et al, No. 3:2013cv00792 - Document 26 (N.D. Tex. 2014)

Court Description: Order Accepting Findings and Recommendations re: 24 Findings and Recommendations on Motion re: 13 Dismiss for Failure to State a Claim filed by Dallas County Hospital District. The plaintiff is therefore ORDERED to file a second amended complaint repleading her Title VII and retaliation claims by 3/12/2014. If she fails to do so, her case will be dismissed with prejudice without further notice. (Ordered by Senior Judge A. Joe Fish on 2/19/2014) (tla)

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Smith v. Dallas County Hospital District et al Doc. 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION OCTAVIA SMITH, Plaintiff, VS. DALLAS COUNTY HOSPITAL DISTRICT d/b/a PARKLAND HEALTH AND HOSPITAL SYSTEM, Defendant. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:13-CV-0792-G (BN) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After making an independent review of the pleadings, files, and records in this case, and the findings and recommendation of the United States Magistrate Judge dated January 29, 2014, the court finds that the findings and recommendation of the magistrate judge are correct and they are accepted as the findings and recommendation of the court. The plaintiff is therefore ORDERED to file a second amended complaint repleading her Title VII and retaliation claims by March 12, 2014. If she fails to do so, her case will be dismissed with prejudice without further notice. Dockets.Justia.com The plaintiff filed objections to the magistrate judge’s recommendation, in which she made a number of factual allegations to support her Title VII and retaliation claims and argued that dismissal was improper. See Plaintiff’s Objections to Report and Recommendation (docket entry 25). The plaintiff is reminded that she still has an opportunity to amend her complaint, and that if she wishes for the court to consider those allegations in support of her claims, she can include them in her second amended complaint. February 19, 2014. ___________________________________ A. JOE FISH Senior United States District Judge -2-

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