Doe v. West Independent School District

District Court, W.D. Texas

Doe v. West Independent School District

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION

JANE DOE, § Plaintiff, § § CASE NO. 6:23-CV-00186-ADA-DTG v. § § WEST INDEPENDENT SCHOOL § DISTRICT, § Defendant. §

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Derek T. Gilliland. ECF No. 52. The Report recommends that that Defendant’s Motion for Partial Summary Judgment (ECF No. 36) be granted. A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court.

28 U.S.C. § 636

(b); Fed. R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm’n,

834 F.2d 419, 421

(5th Cir. 1987) (quoting Nettles v. Wainwright,

677 F.2d 404

, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass’n,

79 F.3d 1415

(5th Cir. 1996)). Plaintiff filed objections on April 10, 2025. ECF No. 57. The Court has conducted a de novo review of the Defendant’s Motion for Partial Summary Judgment (ECF No. 36), the response, the report and recommendation, the objections to the report and recommendation, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendation should be adopted. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Derek T. Gilliland, ECF No. 52 is ADOPTED. IT IS FURTHER ORDERED that Plaintiffs objections ace OVERRULED. IT IS FURTHER ORDERED that Defendant’s Motion for Partial Summary Judgment (ECF No. 36) is GRANTED in accordance with the Report and Recommendation. SIGNED this 28th day of April, 2025.

ao / ALAN D ALBRIGHT UNITED STATES DISTRICT JUDG

Reference

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