MARTIN REIDINGER, District Judge.
Pursuant to 28 U.S.C. § 636(b) and the Standing Orders of Designation of this Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider the Defendant's Motion to Dismiss and to submit a recommendation for its disposition.
On April 2, 2018, the Magistrate Judge issued a Memorandum and Recommendation, recommending that the Defendant's Motion to Dismiss be granted. [Doc. 18]. The parties were advised that any objections to the Magistrate Judge's Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. On April 16, 2018, the Plaintiff filed her Objection to the Memorandum and Recommendation. [Doc. 19].
The Federal Magistrate Act requires a district court to "make a de novo determination of those portions of the report or specific proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). In order "to preserve for appeal an issue in a magistrate judge's report, a party must object to the finding or recommendation on that issue with sufficient specificity so as reasonably to alert the district court of the true ground for the objection."
Here, the Plaintiff does not make any specific objection to the Magistrate Judge's Memorandum and Recommendation. Instead, she generally objects to the dismissal of her Complaint. This kind of objection does not warrant a de novo review of the Magistrate Judge's reasoning.
In her Objection, the Plaintiff also attempts to assert additional factual allegations in support of her claims. "When matters outside the pleadings are presented in a response to a 12(b)(6) motion, a district court has discretion to exclude the additional material."
As for the Plaintiff's sexual harassment claim, the Court notes that the factual allegations of the Plaintiff's Amended Complaint do not relate to any claim of sexual harassment, and the Plaintiff does not attempt to assert any additional allegations in her Objection with respect to this claim. The only mention of any sexual harassment in the Plaintiff's pleadings (aside from a checked box next to "sexual harassment" on the form complaint) is found in her EEOC Charge, wherein she alleges that an unidentified nurse sexually harassed her for a 13-week time frame in "early 2015." [Doc. 1 at 7]. Assuming these facts to be true, it is evident on the face of her EEOC Charge—which was not filed until September 2016 — that the Plaintiff does not claim to have been subjected to any sexual harassment within the 180 days prior to the filing of her EEOC Charge. As such, any claims of sexual harassment were time barred.
As for her religious discrimination claim, the Plaintiff contends in her Objection that she "never felt comfortable stating that [she] was a Christian in Mission Hospital out in the open," and she offers new factual allegations in support of this contention. [Doc. 19 at 1]. Even assuming the truth of such allegations and assuming that such allegations had been properly pled, the Plaintiff has still failed to allege a claim for religious discrimination. She has not alleged that she was engaged in any religious practice which the Defendant failed to accommodate. Alternatively, she has failed to allege that she was discriminated against with respect to her "compensation, terms, conditions, or privileges or employment" because of her religion.
After a careful review of the Memorandum and Recommendation, the Court concludes that the Magistrate Judge's proposed conclusions of law are correct and are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge's recommendation that the Defendant's Motion to Dismiss should be granted, and that this action should be dismissed.
Accordingly,