Schorsch Jr v. Anderson

District Court, S.D. Texas

Schorsch Jr v. Anderson

Trial Court Opinion

UNITED STATES DISTRICT COURT March 13, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

JAMES SCHORSCH JR, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:23-CV-00240 § PATTY ANDERSON, et al., § § Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

Pending before the Court is Plaintiff James Schorsch, Jr.’s complaint (D.E. 1, 17) for initial screening under the Prison Litigation Reform Act. See 42 U.S.C. § 1997e(c);

28 U.S.C. §§1915

(e)(2), 1915A. On January 9, 2024, United States Magistrate Judge Mitchel Neurock issued a Memorandum and Recommendation (M&R, D.E. 18), recommending that Plaintiff’s complaint be dismissed, leave to amend be denied, and this action count as a strike. Plaintiff timely filed his objections (D.E. 19) on January 29, 2024. Plaintiff’s objections consist of what appears to be a stream of consciousness rendition of the plight of the disabled, the law regarding disability discrimination, complaints he did not previously include in this action, and a number of other subjects having little, if anything, to do with the claims as asserted and evaluated by the Magistrate Judge. Because such a presentation does not point out with particularity any error in the Magistrate Judge’s analysis, it does not constitute a proper objection and will not be considered. Fed. R. Civ. P. 72(b)(2); Malacara v. Garber,

353 F.3d 393, 405

(5th Cir. 1 / 2 2003); Edmond v. Collins,

8 F.3d 290

, 293 n.7 (Sth Cir. 1993) (finding that right to de novo review is not invoked when a petitioner merely re-urges arguments contained in the original petition). Because this briefing is not sufficient to invoke review and does not address the basis for the Magistrate Judge’s recommendation, the objections ace OVERRULED. Having reviewed the findings of fact, conclusions of law, and recommendations set forth in the Magistrate Judge’s Memorandum and Recommendation, as well as Plaintiff’s objections, and all other relevant documents in the record, the Court OVERRULES Plaintiff's objections and ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, Plaintiff's causes of action are DISMISSED as frivolous or for failure to state a claim upon which relief may be granted, leave to amend is DENIED, this action is DISMISSED WITH PREJUDICE, and the Court issues a STRIKE against Plaintiff for purposes of

28 U.S.C. § 1915

(g), and INSTRUCTS the Clerk of Court to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at Three_Strikes @txs.uscourts.gov. ORDERED on March 13, 2024.

UNITED STATES DISTRICT JUDGE

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