Parrott v. UTMB Correctional Managed Health Care

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JIMMIE MARK PARROTT, JR. § VS. § CIVIL ACTION NO. 1:19-CV-475 UTMB CORRECTIONAL MANAGED § HEALTH, ET AL.

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Jimmie Mark Parrott, Jr., a prisoner confined at the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against the University of Texas Medical Branch Correctional Managed Health Care (UTMB-CMHC), Joni White, Vivian Davis, Yvette Hall, Tamina Brazil, Emma Davis, Edward Delone, and Kevin Smith.

The Court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends dismissing the claims against UTMB pursuant to 28 U.S.C. § 1915(e) as frivolous and for failure to state a claim upon which relief may be granted.

The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record and the pleadings. Plaintiff filed objections to the Report and Recommendation.

The Court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. Civ. P. 72(b). After careful consideration of all the pleadings and the relevant case law, the Court concludes that plaintiff’ s objections lack merit. Plaintiff incorrectly asserts that UTMB-CMHC is a corporation, not a government entity. The University of Texas Medical Branch Correctional Managed Health Care is anagency of the state of Texas and is, therefore, immune fromsuit in federalcourt. Lewis v. University of Texas Medical Branch at Galveston, 665 F.3d 625, 630 (Sth Cir. 2011); Back v. Texas Dep’t of Criminal Justice, No. W-14-CA-301, 2014 WL 12695292, at *1 (W.D. Tex. Aug. 29, 2014).

ORDER Accordingly, plaintiffs objections (document no.41) are OVERRULED. The findings of fact and the conclusions of law of the magistrate judge are correct, and the report and recommendation of the magistrate judge (document no. 37) are ADOPTED. The University of Texas Medical Branch Correctional Managed Health Care is DISMISSED from this action.

SIGNED this 17th day of February, 2021.

Michael J. T'runcale United States District Judge