Campbell v. Texas Department Of Criminal Justice

Filing 51

ORDER ADOPTING MAGISTRATE JUDGES MEMORANDUM AND RECOMMENDATIONS re: 32 MOTION for Summary Judgment , 44 Memorandum and Recommendations, (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
LJUBICA CAMPBELL
Plaintiff.
VS.
TEXAS DEPARTMENT OF
CRIMINAL JUSTICE
Defendant.

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October 02, 2019
David J. Bradley, Clerk

CIVIL ACTION NO. 3:18–CV–00003

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On August 23, 2019, Defendant’s Motion for Summary Judgment (Dkt. 32) was
referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. §
636(b)(1)(B). See Dkt. 42. On September 5, 2019, Judge Edison filed a Memorandum and
Recommendation (Dkt. 44) recommending that Defendant’s Motion for Summary
Judgment (Dkt. 32) be GRANTED and this suit be DISMISSED.
The Court granted Plaintiff two extensions to file her objections. On September 25,
2019, Plaintiff filed a document titled Second Request for Extension to File Plaintiff’s Rule
72b Objections. See Dkt. 49. Notwithstanding the title of the document, Plaintiff goes on
to identify her various objections to Judge Edison’s Memorandum and Recommendation.
See id. The Court, therefore, construes Plaintiff’s September 25th filing (Dkt. 49) as her
Objections.
In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to “make a de
novo determination of those portions of the [magistrate judge’s] report or specified

proposed findings or recommendations to which objection [has been] made.”

After

conducting this de novo review, the Court may “accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate judge.” Id.; see also FED.
R. CIV. P. 72(b)(3).
The Court has carefully considered the Objections; the Memorandum and
Recommendation; the pleadings; and the record. The Court ACCEPTS Judge Edison’s
Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is
therefore ORDERED that:
(1)

Judge Edison’s Memorandum and Recommendation (Dkt. 44) is
APPROVED AND ADOPTED in its entirety as the holding of the Court;
and

(2)

Defendant’s Motion for Summary Judgment (Dkt. 32) is GRANTED.

It is so ORDERED.
SIGNED and ENTERED this 2nd day of October, 2019.

______________________________________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE

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