□ Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT February 01, 2023 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION JEAN FISHER PHILLIP, § § § Plaintiff, § § vs. § CIVIL ACTION NO. H-21-3364 § TEXAS MUTUAL INSURANCE § COMPANY AND L.C. PERSONNEL INC., § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND GRANTING DEFENDANT’S MOTION TO DISMISS This court has reviewed the Memorandum and Recommendation of United States Magistrate Judge Sam Sheldon signed in November 2022 and made a de novo determination. FED. R. Civ. P. 72(b);

(b)(1)C); United States v. Wilson,

(Sth Cir. 1989). Based on the pleadings, the record, and the applicable law, the court adopts the Memorandum and Recommendation as this court’s Memorandum and Order. This court finds and concludes that dismissal was properly granted and the complaint properly dismissed without leave to amend because the plaintiff has not exhausted her administrative remedies. The dismissal is without prejudice to the plaintiff refiling after she exhausts. The remaining motions are denied as moot. The remaining claims are dismissed without prejudice. SIGNED on February 1, 2023, at Houston, Texas. LW Carte Lee H. Rosenthal United States District Judge