DEBRA M. BROWN, District Judge.
This employment discrimination action is before the Court on the Report and Recommendation issued by United States Magistrate Judge Jane M. Virden regarding the defendant's motion to dismiss. Doc. #93.
On November 29, 2016, Jason D. Alston filed a complaint in this Court alleging that the Mississippi Department of Transportation ("MDOT"), his former employer, subjected him to "unlawful race discrimination, disability discrimination, racial harassment, hostile work environment and retaliation." Doc. #1 at 1. Approximately two months later, on January 9, 2017, Alston, with leave of the Court, filed an amended complaint alleging the same claims. Doc. #21.
On July 28, 2017, Alston filed a second amended complaint with leave of the Court. Doc. #64. Less than a month later, Alston, again with the Court's leave, filed a third amended complaint alleging retaliation in violation of Title VII of the Civil Rights Act. Doc. #70.
On November 10, 2017, the defendant moved to dismiss the third amended complaint for failure to state a claim and lack of subject matter jurisdiction on the grounds that Alston failed to exhaust his claims. Doc. #82. Alston responded in opposition to the motion, and the defendant replied. Doc. #84; Doc. #88.
On January 2, 2018, United States Magistrate Judge Jane M. Virden issued a Report and Recommendation recommending that the motion to dismiss be granted in part and denied in part.
Where objections to a report and recommendation have been filed, a court must conduct a "de novo review of those portions of the . . . report and recommendation to which [a party] specifically raised objections. With respect to those portions of the report and recommendation to which no objections were raised, the Court need only satisfy itself that there is no plain error on the face of the record." Gauthier v. Union Pac. R.R. Co., 644 F.Supp.2d 824, 828 (E.D. Tex. 2009).
In the absence of objections, the Court has reviewed the Report and Recommendation for plain error and has found none. Accordingly, the Report and Recommendation [93] is