Schwarzer v. Wainwright

S.D. Texas

Schwarzer v. Wainwright

DecidedMarch 25, 2022

Docket6:18-cv-00034

StatusUnknown

This text of Schwarzer v. Wainwright (Schwarzer v. Wainwright) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Schwarzer v. Wainwright, (S.D. Tex. 2022).

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UNITED STATES DISTRICT COURT March 28, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk VICTORIA DIVISION MARK CLIFF SCHWARZER, § § Plaintiff, § § v. § Civil Action No. 6:18-CV-00034 § DALE WAINWRIGHT; § ROBERT G. BEARD, JR.; § PAMELA R. MENDEZ-BANDA; § BRYAN COLLIER; and § JENNIFER SMITH, § § Defendants. § ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION

Pending before the Court is the February 18, 2022 Memorandum and Recommendation (“M&R”) signed by Magistrate Judge Mitchel Neurock. (Dkt. No. 42). In the M&R, Magistrate Judge Neurock recommends that the Court deny pro se Plaintiff Mark Cliff Schwarzer’s Motion for Preliminary Injunction and Request for Declaratory Judgment. Judge Neurock carefully explained that the motion should be denied because, among other reasons, Schwarzer’s requests are untethered to his live pleading and outside of the scope of the Fifth Circuit’s remand. The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Objections were not filed. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears. Accordingly, the Court ACCEPTS the M&R as the opinion of the Court. The Court DENIES Plaintiff Mark Cliff Schwarzer’s Motion for Preliminary Injunction and Request for Declaratory Judgment. (Dkt. No. 37). It is SO ORDERED. Signed on March 25, 2022.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT March 28, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk VICTORIA DIVISION MARK CLIFF SCHWARZER, § § Plaintiff, § § v. § Civil Action No. 6:18-CV-00034 § DALE WAINWRIGHT; § ROBERT G. BEARD, JR.; § PAMELA R. MENDEZ-BANDA; § BRYAN COLLIER; and § JENNIFER SMITH, § § Defendants. § ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION

Pending before the Court is the February 18, 2022 Memorandum and Recommendation (“M&R”) signed by Magistrate Judge Mitchel Neurock. (Dkt. No. 42). In the M&R, Magistrate Judge Neurock recommends that the Court deny pro se Plaintiff Mark Cliff Schwarzer’s Motion for Preliminary Injunction and Request for Declaratory Judgment. Judge Neurock carefully explained that the motion should be denied because, among other reasons, Schwarzer’s requests are untethered to his live pleading and outside of the scope of the Fifth Circuit’s remand. The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Objections were not filed. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears. Accordingly, the Court ACCEPTS the M&R as the opinion of the Court. The Court DENIES Plaintiff Mark Cliff Schwarzer’s Motion for Preliminary Injunction and Request for Declaratory Judgment. (Dkt. No. 37). It is SO ORDERED. Signed on March 25, 2022.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

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