U.S. Court of Appeals for the Fifth Circuit, 2022

Schwarzer v. Hernandez

Schwarzer v. Hernandez
U.S. Court of Appeals for the Fifth Circuit · Decided May 27, 2022

Schwarzer v. Hernandez

Opinion

Case: 21-40018 Document: 00516335777 Page: 1 Date Filed: 05/27/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED May 27, 2022 No. 21-40018 Lyle W. Cayce Clerk Mark Cliff Schwarzer, Plaintiff—Appellant, versus Luis Hernandez, Captain, Texas Department of Criminal Justice, Stevenson Unit; Evelyn Castro, Warden, Stevenson Unit; Melinda Kurtz, Kitchen Captain, Stevenson Unit; M. Blalock, Program Supervisor; Chesley Williams, Correctional Officer, Stevenson Unit, Defendants—Appellees.

Appeal from the United States District Court for the Southern District of Texas USDC No. 6:19-CV-00016

Before Higginbotham, Dennis, and Graves, Circuit Judges.

Per Curiam:*

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 21-40018 Document: 00516335777 Page: 2 Date Filed: 05/27/2022

Mark Cliff Schwarzer appeals the district court’s dismissal without prejudice of his 42 U.S.C. § 1983 complaint for failure to serve process and the denial of his motion for leave to supplement the complaint. This court has considered this appeal on the basis of the brief, record, and applicable law in this matter. Having done so, the order of the district court is AFFIRMED.

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