Henderson v. United States Patent and Trademark Office

District Court, N.D. Texas

Henderson v. United States Patent and Trademark Office

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

TISHA HENDERSON, § § Plaintiff, § § V. § No. 3:21-CV-0296-E-BK § UNITED STATES PATENT AND § TRADEMARK OFFICE, § § Defendant. §

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case that Plaintiff’s claims should be dismissed with prejudice for lack of subject matter jurisdiction. No objections were filed. The Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. The Court modifies the Findings, Conclusions and Recommendation to dismiss Plaintiff’s claims without prejudice. See Warnock v. Pecos Cty., Tex.,

88 F.3d 341, 343

(5th Cir. 1996) (because sovereign immunity deprives court of jurisdiction, claims barred by sovereign immunity are dismissed without prejudice). The Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate as modified. SO ORDERED this 16th day of September, 2021.

Reference

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