Opinion
Civil Action 4:21-CV-03509
08-22-2023
JOSHUA H. JUMBO, Plaintiff. v. GOODWILL INDUSTRIES HOUSTON, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE
On August 31, 2022, all dispositive and non-dispositive pretrial matters were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1). Dkt. 31. Judge Edison filed a Memorandum and Recommendation on August 7, 2023, recommending that Goodwill Industries Houston's Motion for Summary Judgment (Dkt. 43) be GRANTED in part and DENIED in part. See Dkt. 52.
On August 18, 2023, Plaintiff Joshua H. Jumbo (“Jumbo”) filed his 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 notes that the Memorandum and Recommendation erroneously states in three places that Jumbo applied for a sales manager position at Goodwill Industries Houston. In all other instances, the Memorandum and Recommendation correctly states that Jumbo applied for a store manager position. Although this error has no substantive effect on the outcome of the case, all references to sales manager position in Judge Edison's Memorandum and Recommendation should be understood to be referring to the store manager position. With that caveat, 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. 52) is APPROVED AND ADOPTED in its entirety as the holding of the Court; and
(2) Goodwill Industries Houston's Motion for Summary Judgment (Dkt. 43) is GRANTED in part and DENIED in part. The only claims that should survive summary judgment are Jumbo's discrimination and retaliation claims under Title VII and § 1981 based on an alleged wrongful demotion.
It is so ORDERED.