Burlingame v. Galveston Cnty.

Full title: JACQUELINE CORTEZ BURLINGAME, ET AL., Plaintiffs. v. GALVESTON COUNTY, ET…

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Date published: Jul 16, 2020

CIVIL ACTION NO. 3:18-CV-00183 (S.D. Tex. Jul. 16, 2020)

Opinion

CIVIL ACTION NO. 3:18-CV-00183

07-16-2020

JACQUELINE CORTEZ BURLINGAME, ET AL., Plaintiffs. v. GALVESTON COUNTY, ET AL., Defendants.

JEFFREY VINCENT BROWN UNITED STATES DISTRICT JUDGE

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION

On December 4, 2019, this case was referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 58. Judge Edison considered two motions for summary judgment: (1) the defendants Boon-Chapman Benefit Administrators, Inc., Soluta Health, Inc., Kathy White A/K/A Kathy Jean Jordan, Garry Killyon, Alexis Ensley, and Kimberly Boykins's motion for summary judgment (Dkt. 46); and (2) the defendants Galveston County and Sheriff Henry Trochesset's motion for summary judgment (Dkt. 48) (collectively, the "Motions"). On April 27, 2020, Judge Edison filed a memorandum and recommendation (Dkt. 86) recommending that the Motions be granted.

On May 11, 2020, the plaintiffs filed their objections. Dkt. 89. 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 raise by the plaintiffs; all responses and replies related to the objections; the memorandum and recommendation; the pleadings; and the record. The court accepts Judge Edison's memorandum and recommendation (Dkt. 86) and adopts it as the opinion of the court.

Accordingly, the court grants the defendants Boon-Chapman Benefit Administrators, Inc., Soluta Health, Inc., Kathy White A/K/A Kathy Jean Jordan, Garry Killyon, Alexis Ensley, and Kimberly Boykins's motion for summary judgment (Dkt. 46). The court also grants the defendants Galveston County and Sheriff Henry Trochesset's motion for summary judgment (Dkt. 48).

Signed on Galveston Island on the 16th day of July, 2020.

/s/_________

JEFFREY VINCENT BROWN

UNITED STATES DISTRICT JUDGE