Citation Codes Equivalent Citations citation codes Docket Number Civil Action File No. 1:05-CV-1465-TWT. Motions Motion to dismiss : Granted Motion to dismiss : Granted Motion for summary judgment : Granted Motion for summary judgment : Granted Judges Thomas W. Thrash See more information ... Smart Summary Please sign up to generate summary. OPINION TIMOTHY E. INGALSBE, Plaintiff, v. MICHAEL CHERTOFF, Secretary, Dept. of Homeland Security, Defendant. OPINION AND ORDER THOMAS THRASH JR., District Judge This is an employment discrimination action. It is before the Court on the Report and Recommendation [Doc. 19] of the Magistrate Judge recommending granting the Defendant's Motion to Dismiss or Alternatively Motion for Summary Judgment [Doc. 8]. After careful consideration of the Plaintiff's Objections, the Court approves and adopts the Report and Recommendation as the judgment of the Court. The Plaintiff failed to exhaust administrative remedies as to his hostile environment claim. He failed to allege facts showing a prima facie case of race or disability discrimination in his termination. The Defendant had a legitimate non-discriminatory reason for his termination. The Defendant's Motion to Dismiss or Alternatively Motion for Summary Judgment [Doc. 8] is GRANTED. SO ORDERED.