Evert v. City of Galveston, Texas

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 18 Report and Recommendations, 4 granting MOTION for Summary Judgment.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, )

Evert v. City of Galveston, Texas

Doc. 23

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION STEVE EVERT, et al, Plaintiffs, VS. CITY OF GALVESTON, TEXAS, et al, Defendants. § § § § § § § §

CIVIL ACTION NO. G-10-117

ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court upon the Plaintiffs' objections to the Report and Recommendation of Magistrate Judge John R. Froeschner. On May 19, 2010, this case was referred to Judge Froeschner pursuant to 28 U.S.C. § 636(b)(1)(B). Pending before Judge Froeschner was the Motion for Summary Judgment of Defendant City of Galveston, the Plaintiffs' response, and the City's reply. On August 3, 2010, Judge Froeschner issued a Report and Recommendation recommending that the City's Motion for Summary Judgment be granted. On August 23, 2010, the Plaintiffs filed their objections to the Report and Recommendation. On August 31, 2010, the City filed its response to the Plaintiffs' objections. This Court is now required to give this matter de novo review pursuant to 28 U.S.C. § 636(b)(1)(C). As required, the Court has conducted an independent assessment of the entire record in this case and finds that Judge Froeschner's findings and recommendation are well-grounded in law and fact.

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Accordingly, it is hereby ORDERED and ADJUDGED that: 1) the Report and Recommendation of Magistrate Judge Froeschner is APPROVED and ADOPTED by this Court; 2) the Plaintiffs' objections to the Report and Recommendation are OVERRULED; 3) the Motion for Summary Judgment (Instrument no. 4) of the City of Galveston is GRANTED; and 4) all claims asserted by the Plaintiffs against the City in their original petition are DISMISSED.

SIGNED at Houston, Texas this 13th day of September, 2010.

___________________________________ Kenneth M. Hoyt United States District Judge

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