Simon v. Holder

Filing 22

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION on the defendant's motion for summary judgment. The plaintiff's causes of action are dismissed in their entirety, with prejudice. Signed by Judge Marcia A. Crone on 7/10/13. (mrp, )

UNITED STATES DISTRICT COURT

ANTHONY SIMON,
Plaintiff,
versus
ERIC HOLDER, Attorney General,
Defendant.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:11-CV-356

MEMORANDUM ORDER
The court referred this matter to United States Magistrate Judge Keith F. Giblin for
consideration and recommended disposition of case-dispositive pretrial motions. Judge Giblin
issued a report and recommendation on the defendant’s motion to dismiss, or alternatively, for
summary judgment. He recommended that the court grant the motion on summary judgment
grounds and enter judgment in favor of the defendant.
The plaintiff filed objections to the magistrate judge’s recommendation. The objections
do not address any specific finding or portion of the magistrate judge’s report. The plaintiff
simply states his personal belief that “Caucasian female counterparts similarly situated did not
have to report to the United States Penitentiary.” This is a restatement of the general allegations
in his complaint that he received unfavorable treatment as a federal prison guard when he was
temporarily assigned to work in the United States Penitentiary (USP) while other prison
employees were not placed at the USP.
The magistrate judge addressed this claim in the report and recommendation, finding that
the plaintiff did not suffer an adverse employment action and that he failed to come forth with any
summary judgment evidence showing that similarly situated employees outside of his race were

treated differently. The plaintiff did not respond to the defendant’s motion for summary judgment
and his objections also fail to set forth any summary judgment evidence creating a genuine issue
of material fact on his Title VII causes of action. The only thing the plaintiff has filed in
opposition to the defendant’s arguments and evidence are his objections. The objections consist
of one self-serving, unsworn paragraph setting forth the plaintiff’s personal belief that he was
treated differently than Caucasian female guards when he was assigned to the USP. There is no
evidence in the record to support this contention. The court overrules the plaintiff’s objections
because they present no new argument or evidence suggesting that the magistrate judge’s findings
and conclusions on summary judgment are erroneous.
Pursuant to the plaintiff’s objections and in accordance with 28 U.S.C. § 636(b)(1), the
court conducted a de novo review of the magistrate judge’s findings, the record, the plaintiff’s
objections, and the applicable law in this proceeding. After review, the court finds that Judge
Giblin’s findings and recommendations should be accepted. The plaintiff’s objections (#21) are
overruled. The court ORDERS that the report and recommendation (#19) on the defendant’s
motion for summary judgment is ADOPTED. The court further ORDERS that defendant’s
motion to dismiss, or alternatively, for summary judgment (#14) is GRANTED. The plaintiff’s
causes of action are dismissed in their entirety, with prejudice. The court will enter final

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judgment separately.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 10th day of July, 2013.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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