Lee v. McGuire et al

Filing 103

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. 1. Defendants Gutierrez and Villa's 78 motion for summary judgment, is granted. 2. Defendants Payne and WTC MHMR Company's 83 motion for summary judgment is granted. 3. There is no just reason for delay in entering a final judgment and final judgment should be entered as to the above-named Defendants and claims under Federal Rule of Civil Procedure 54(b). The Court will enter judg ment accordingly. 4. Defendant McGuire's 81 motion for summary judgment is denied. 5. The caption of this case will be changed to reflect that Nicole McGuire is the only remaining defendant. (Ordered by Judge James Wesley Hendrix on 8/28/2024) (grl)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
ABILENE DIVISION
WILLIAM LEE,
Plaintiff,

Vv.

No.

1:20-CV-00058-H

NICOLE MCGUIRE, etal,
Defendants.

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a
recommendation that the Court should (1) grant summary judgment as to Defendant WTC
MHMR

Company, (2) grant summary judgment on qualified immunity as to Defendants

Patsy Villa, George Gutierrez, and Allison Payne, and (3) deny summary judgment and

qualified immunity as to Defendant Nicole McGuire.

The Magistrate

Judge recommended

that the Court enter a scheduling order to govern discovery and further proceedings for

Plaintiff's remaining claim against Defendant McGuire.

No objections were filed. The

District Court independently examined the record and reviewed the findings, conclusions,

and recommendation for plain error. Finding none, the Court accepts and adopts the
findings, conclusions, and recommendations of the United States Magistrate Judge.
As a result, the Court orders:

1.

Defendants Gutierrez and. Villa’s motion for summary judgment, Dkt.

No. 78, is granted, and Plaintiff's claims against them are dismissed with prejudice.

2.

Defendants Payne and WTC MHMR

Company’s motion for summary

judgment, Dkt. No. 83, is granted, and Plaintiffs claims against them are dismissed with

prejudice.
3.

There is no just reason for delay in entering a final judgment and final

judgment should be entered as to the above-named Defendants and claims under Federal
Rule of Civil Procedure 54(b).

The Court will enter judgment accordingly.

4.

Defendant McGuire’s motion for summary judgment, Dkt. No. 81, is denied.

Di

The caption of this case will be changed to reflect that Nicole McGuire is the

only remaining defendant.

The Court will enter a separate scheduling order setting forth

deadlines for completion of discovery and other pretrial matters.
So ordered.
Dated August. as , 2024.

Mott
JAMES WESLEY HENDRIX
United States District Judge

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