Kirksey v. National Multiple Sclerosis Society

U NITED S TATES D ISTRICT C OURT
SOUTHERN D ISTRICT OF TEXAS
HOUSTON D IVISION
TRENTON K IRKSEY,
Plaintiff,
versus
NATIONAL M ULTIPLE
SCLEROSIS SOCIETY,
Defendant.
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CIVIL ACTION NUMBER
4:24-cv-00871
JUDGE CHARLES ESKRIDGE
O RDER A DOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiff Trenton Kirksey proceeds here pro se. He sued
Defendant National Multiple Sclerosis Society for racial
discrimination, retaliation, and civil conspiracy. Dkt 28 at
¶¶42–62 (amended complaint). His civil conspiracy claim
was dismissed by prior order. See Dkt 41 at 2. The matter
was referred for disposition to Magistrate Judge Yvonne
Ho. Dkt 27.
Plaintiff moved for partial summary judgment on his
retaliation 	claims. 	Dkt 	57. 	Defendant 	also 	moved 	for
summary 	judgment, 	seeking 	dismissal 	of 	all 	claims.
Dkt 77. Pending is a Memorandum and Recommendation
by Judge Ho recommending that Defendant’s motion for
summary judgment be granted and all of Plaintiff’s claims
be dismissed with prejudice. Dkt 97 at 29. Accordingly, she
further recommended that Plaintiff’s motion for partial
summary judgment be denied. Ibid.
The district court reviews de novo those conclusions of
a 	magistrate 	judge 	to 	which 	a 	party 	has 	specifically
objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see
also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
1989, per curiam). The district court may accept any other
United States District Court
Southern District of Texas
ENTERED
March 14, 2026
Nathan Ochsner, Clerk
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portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v
PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing
Douglass v United Services Automobile Association, 79 F3d
1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
Plaintiff filed objections. Dkt 98. He claims that the
Memorandum and Recommendation erred by, among other
things, deeming him to have admitted key facts when
failing to respond to discovery requests. See id at 4.
Upon de novo review and determination, Plaintiff’s
objections 	lack 	merit. 	The 	Magistrate 	Judge 	correctly
found that Plaintiff’s failure to respond to Defendant’s
requests for admission “conclusively established” the facts
as admitted under Federal Rule of Civil Procedure 36(b).
See Dkt 97 at 10; see also Dkt 77-1 at 5–14 (requests for
admission). Such admissions “cannot be overcome at the
summary 	judgment 	stage 	by 	contradictory 	affidavit
testimony or other evidence in the summary judgment
record.” Amador v Wolfe, 2021 WL 3889305, *2 (5th Cir),
quoting In re Carney, 258 F3d 415, 420 (5th Cir 2001).
Putative evidence that Plaintiff seeks to present in his
objections is thus properly disregarded. The objections
otherwise fail to show Plaintiff exhausted administrative
remedies, presented direct evidence of discrimination, or
made a prima facie case of discrimination or retaliation.
The objections by Plaintiff Trenton Kirksey to the
Memorandum 	and 	Recommendation 	of 	the 	Magistrate
Judge are OVERRULED . Dkt 98.
No clear error otherwise appears upon review and
consideration of the Memorandum and Recommendation,
the record, and the applicable law.
The 	Memorandum 	and 	Recommendation 	of 	the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 97.
The motion by Defendant National Multiple Sclerosis
Society for summary judgment is GRANTED . Dkt 77.
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The motion by Plaintiff Trenton Kirksey for partial
summary judgment is DENIED . Dkt 57.
A final judgment will enter separately.
SO ORDERED .
Signed on March 13, 2026, at Houston, Texas.
__________________________
Honorable Charles Eskridge
United States District Judge
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