Summary
holding that plaintiff did not have a cause of action under 5 U.S.C. § 2302(b) because he was not a federal employee
Summary of this case from Chu v. Texas Southern Univ.Opinion
CIVIL ACTION NO. H-06-2920.
September 25, 2007
ORDER
This court has reviewed the Memorandum and Recommendation of the United States Magistrate Judge signed on September 5, 2007, and the objections filed by the plaintiff, Gregory Jackson, and has made a de novo determination of the Magistrate Judge's recommended disposition. Rule 72(b), Fed.R.Civ.P.; 28 U.S.C. § 636(b)(1)(C); United States v. Wilson, 864 F.2d 1219 (5th Cir. 1989). This court finds that the Memorandum and Recommendation should be, and is, adopted as this court's Memorandum and Order. Accordingly, the defendants' motion to dismiss is granted in part and denied in part. The claims against the individual defendants are dismissed. The defendants' motion to dismiss the plaintiff's claims under 42 U.S.C. § 1983 based on retaliation under the First Amendment, violation of privacy rights under the Fourth Amendment, and violation of equal protection rights under the Fourteenth Amendment, is denied. The defendants' motion to dismiss the remaining claims, for conspiracy under 42 U.S.C. § 1985(3), for violations of the FMLA, a claim under the Whistleblower Protection Act, 5 U.S.C. § 2302, for violations of the Texas Constitution, and for common-law negligent supervision, is granted.