UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS RICHARD HOLLERBACH, § § Plaintiff, § § versus § CIVIL ACTION NO. 1:19-CV-474 § JOHN MILLS, et al., § § Defendants. § MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Richard Hollerbach, an inmate confined at the LeBlanc Unit in Beaumont, Texas, proceeding pro se, brought this lawsuit pursuant to

against John Mills and the University of Texas Medical Branch. The court referred this matter to the Honorable Christine L. Stetson, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends granting the defendants’ motion to dismiss. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. Plaintiff filed objections to the magistrate judge’s Report and Recommendation. This requires 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, the court concludes plaintiff’s objections are without merit. Plaintiff’s assertion that he has been provided an oxygen concentrator in the past fails to show anything more than a disagreement with a medical professional over the proper course of treatment. Plaintiff’s allegations fail to rise to the level of egregious conduct required to satisfy the deliberate indifference standard. See Gobert v. Caldwell,

(5th Cir. 2006). Therefore, plaintiff’s objections are without merit. ORDER Accordingly, plaintiffs objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED. It is ORDERED that the defendants’ motion to dismiss is GRANTED. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendation.

SIGNED at Beaumont, Texas, this 2nd day of February, 2022.

MARCIA A. CRONE UNITED STATES DISTRICT JUDGE