UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-00151 James Neal, Plaintiff, V. Malakoff Independent School District, Defendant.

ORDER Plaintiff, James Neal, initiated this action against defendant Ma- lakoff Independent School District (“MISD”), alleging claims of race discrimination pursuant to the Civil Rights Act of 1964, 42 U.S.C. § 2000e-(2)(a) (“Title VID’) as well as violations of the Texas Commission on Human Rights Act, codified in Chapter 21 of the Texas Labor Code § 21.001 et seg. (“TCHRA”), and a First Amend- ment claim brought pursuant to

. Doc. 27. On June 29, 2021, defendant MISD brought a motion to dismiss all asserted claims pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Doc. 30. On August 4, 2021, Judge Love issued a report and recommen- dation, recommending that defendant’s motion be converted to a motion for summary judgment and that the motion be granted as to plaintiff’s claims brought pursuant to the Texas Labor Code and

. Doc. 35. Judge Love recommended that these claims be dismissed without prejudice. /d. Judge Love further recom- mended that the motion be denied as to plaintiff’s 2017-2018 Title VII race discrimination claim. /d. No objections were filed to the magistrate judge’s report. MISD has now filed an answer to plain- tiff’s amended complaint. Doc. 36. When there have been no timely objections to a magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n,

(5th Cir. 1996). Having reviewed the magistrate judge’s report,

and being satisfied that it contains no clear error, the court accepts its findings and recommendation. The court construes defendant’s motion to dismiss plaintiff’s second amended complaint (Doc. 30) as a motion for summary judgment. Defendant’s motion (Doc. 30) is granted as to plaintiff’s claims brought pursuant to the Texas La- bor Code and

and those claims are dismissed with- out prejudice. Defendant’s motion (Doc. 30) is denied as to plain- tiff’s 2017-2018 Title VII race discrimination claim, which shall be the sole proceeding claim in this case.

So ordered by the court on August 26, 2021. fab BARKER United States District Judge

-2-