Booth v. Galveston County et al

Filing 227

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATIONS re 213 Memorandum and Recommendations; GRANTING 32 Amended MOTION to Certify Class. CLASS CERTIFIED.(Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
AARON BOOTH
Plaintiff.
VS.
GALVESTON COUNTY, ET AL.
Defendants.

§
§
§
§
§
§
§
§
§

March 28, 2019
David J. Bradley, Clerk

CIVIL ACTION NO. 3:18–CV–00104

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
Pending before the Court is the Memorandum and Recommendation of United
States Magistrate Judge Andrew Edison. Dkt. 213. The case was referred to Judge
Edison pursuant to 28 U.S.C. § 636(b)(1). See Dkt. 102. Pending before Judge Edison
was Plaintiffs’ Amended Motion for Class Certification (Dkt. 32).
Defendants jointly filed Objections to the Memorandum and Recommendation.
See Dkt. 226. In accordance with 28 U.S.C. § 636(b)(1), 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).

Based on the pleadings, the record and the applicable law, 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. 213) is
APPROVED AND ADOPTED in its entirety as the holding of the Court;

(2)

Plaintiffs’ Amended Motion for Class Certification (Dkt. 32) is
GRANTED; and

(3)

The following class IS CERTIFIED under Rule 23(b)(2): “all people who
are or will be detained in Galveston County Jail on felony and state-jail
felony charges because they are unable to pay secured bail set at
magistration.”

It is so ORDERED.
SIGNED at Galveston, Texas, this 28th day of March, 2019.
___________________________________
George C. Hanks Jr.
United States District Judge

2