Parrott v. UTMB Correctional Managed Health Care et al

Filing 117

MEMORANDUM ORDER overruling objections and adopting 37 Report and Recommendation. The University of Texas Medical Branch Correctional Managed Health Care is dismissed from this action. Signed by District Judge Michael J. Truncale on 2/17/21. (tkd, )

Case 1:19-cv-00475-MJT-KFG Document 117 Filed 02/17/21 Page 1 of 2 PageID #: 1082

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION

JIMMIE MARK PARROTT, JR.

§

VS.

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UTMB CORRECTIONAL MANAGED
HEALTH, ET AL.

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CIVIL ACTION NO. 1:19-CV-475

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Jimmie Mark Parrott, Jr., a prisoner confined at the Stiles Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983 against the University of Texas Medical Branch Correctional
Managed Health Care (UTMB-CMHC), Joni White, Vivian Davis, Yvette Hall, Tamina Brazil, Emma
Davis, Edward Delone, and Kevin Smith.
The Court ordered that this matter be referred to the Honorable Keith F. Giblin, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this
court. The magistrate judge recommends dismissing the claims against UTMB pursuant to 28 U.S.C.
§ 1915(e) as frivolous and for failure to state a claim upon which relief may be granted.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record and the pleadings. Plaintiff filed
objections to the Report and Recommendation.

Case 1:19-cv-00475-MJT-KFG Document 117 Filed 02/17/21 Page 2 of 2 PageID #: 1083

The Court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See FED. R. CIV. P. 72(b). After careful consideration of all the pleadings and the
relevant case law, the Court concludes that plaintiff’s objections lack merit. Plaintiff incorrectly asserts
that UTMB-CMHC is a corporation, not a government entity. The University of Texas Medical
Branch Correctional Managed Health Care is an agency of the state of Texas and is, therefore, immune
from suit in federal court. Lewis v. University of Texas Medical Branch at Galveston, 665 F.3d 625,
630 (5th Cir. 2011); Back v. Texas Dep’t of Criminal Justice, No. W-14-CA-301, 2014 WL
12695292, at *1 (W.D. Tex. Aug. 29, 2014).
ORDER
Accordingly, plaintiff’s objections (document no.41) are OVERRULED. The findings of fact
and the conclusions of law of the magistrate judge are correct, and the report and recommendation of
the magistrate judge (document no. 37) are ADOPTED. The University of Texas Medical Branch
Correctional Managed Health Care is DISMISSED from this action.
SIGNED this 17th day of February, 2021.

____________________________
Michael J. Truncale
United States District Judge

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