The judgment of the district court is affirmed for the following reasons:

1. Agüero does not challenge the determination that the Eleventh Amendment bars his civil rights claims against the University of Texas.

2. As for the individual defendants, Agüero has failed to file a written report but, irrespective of that failure and the justification for it, the only claim of malpractice is the failure to supply him with darker tinted eyeglasses, or to engage a different physician. He has not alleged deliberate indifference to serious medical needs. Dismissal was justified.

AFFIRMED.