Gonzales v. Odessa College ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS MIDLAND/ODESSA DIVISION TARA J. GONZALES, § , § § MO:23-CV-00020-DC v. § § ODESSA COLLEGE, GREGORY D. § WILLIAMS, § . § ORDER ADOPTING REPORT AND RECOMMENDATION BEFORE THE COURT is United States Magistrate Judge Ronald C. Griffin’s Report and Recommendation (“R&R”) filed in the above-captioned cause on July 6, 2023, in connection with Defendants’ Motion to Dismiss. (Doc. 23) This matter was referred to the Magistrate Judge.1 Neither party filed objections, and the deadline to do so has expired. Any party who desires to object to a Magistrate Judge’s findings and recommendations must serve and file written objections within 14 days after being served with a copy of the findings and recommendations.2 Failure to file written objections to the R&R within 14 days after being served with a copy shall bar that party from de novo review by the district court of the proposed findings and recommendations.3 What’s more, except upon grounds of plain error, it shall also bar the party from appellate review of proposed factual findings and legal conclusions accepted by the district court to which no objections were filed.4 1 See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72. 2 28 U.S.C. § 636(b)(1). 3 Id. 4 Id.; Thomas v. Arn, 474 U.S. 140, 150–53 (1985); United States v. Wilson, 864 F.2d 1219 (5th Cir. 1989) (per curiam). Having reviewed the R&R, the Court finds it neither clearly erroneous nor contrary to law. Thus, the Court ADOPTS the R&R and GRANTS IN PART Defendants’ Motion to Dismiss. (Doc. 12). The Court also GRANTS Plaintiff leave to amend her complaint to address the deficiencies identified by the R&R. If Plaintiff fails to amend her complaint on or before August 4, 2023, it is ORDERED that Plaintiffs § 1981 municipal liability claim, made actionable pursuant to § 1983, will be dismissed with prejudice. It is so ORDERED. SIGNED this 21st day of July, 2023. ‘ UNITED STATES DISTRICT JUDGE