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Reeves v. Dauphin County

January 30, 2008

BARBARA REEVES, PLAINTIFF
v.
DAUPHIN COUNTY, PRIME CARE MEDICAL INC., MARCY D. COUSIN, THOMAS TOOLAN, AND DOMINICK DEROSE, DEFENDANTS



The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 30th day of January, 2008, upon consideration of the report of the magistrate judge (Doc. 72) recommending (1) that plaintiff's First Amendment, Fourteenth Amendment, and conspiracy claims*fn1 be dismissed as untimely*fn2 and (2) that plaintiff's claims pursuant to Title VII of the Civil Rights Act of 1964, the Pennsylvania Human Relations Act ("PHRA"), and 42 U.S.C. § 1981be dismissed because plaintiff failed to proffer sufficient evidence to rebut defendants' asserted nondiscriminatory reasons for termination, and upon further consideration of the objections to the report and recommendation (see Doc. 73), and, following an independent review of the record, it appearing that plaintiff's First Amendment, Fourteenth Amendment, and conspiracy claims are barred by the statute of limitations,*fn3 and that plaintiff has failed to allege any facts justifying application of the discovery rule or tolling of the limitations period,*fn4 and it further appearing that plaintiff has not proffered evidence that defendants' stated reasons for termination constituted pretext for discrimination,*fn5 it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 72) is ADOPTED.

2. Defendants' motions for summary judgment (Docs. 52, 55) are GRANTED.

3. The Clerk of Court is directed to enter judgment in favor of defendants and against plaintiff on all claims.

4. The Clerk of Court is directed to ...


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