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Mitchel Neurock

United States District Court for the Southern District of Texas magistrate 24 signed orders read

How Judge Neurock decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

Procedural preferences

Strictly enforces in forma pauperis / inmate trust-fund prerequisites and prosecution deadlines for pro se prisoners: after repeated warnings and non-compliance, recommends Rule 41(b) dismissal for want of prosecution.

“the undersigned recommends that Petitioner’s case be DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b).”

On §1915(e)(2)(B) screening he resolves threshold deficiencies before any defendant responds, recommending dismissal without prejudice and mooting collateral motions (transfer, appointment of counsel).

“recommended that Plaintiff’s Section 1983 claims be dismissed without prejudice, (Dkt. Nos. 1, 7), for purposes of screening and 28 U.S.C. §1915(e)(2)(B).”

Cautions

His recommendations are usually but not always adopted: in Campos v. Shepherd (2:24-cv-00040) the district court declined to follow Neurock's recommendation AGAINST dismissal and dismissed on the late-substitution issue; a later M&R (entered by Magistrate Judge Hampton on cross-coverage) recommended denying the plaintiffs' Rule 59(e) motion, noting 'a magistrate judge’s recommendations are just that – recommendations.'

“The magistrate judge saw the question one way, but the district court applied the same factors and simply reached a different conclusion.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Martin v. Live Oak County Jail
2:22-cv-00156 · 2023-01-23
Motion for leave to amend (plaintiff) Granted

“recommended that the Court (1) retroactively grant leave for Plaintiff to file his second amended complaint”

Preliminary injunction (plaintiff) Denied

“recommended that the Court ... (4) deny Plaintiff’s motions for preliminary injunction”

Motion to consolidate (plaintiff) Moot / procedural

“(5) deny Plaintiff’s motion to consolidate cases as moot”

Motion to change venue (plaintiff) Denied

“(6) deny Plaintiff’s motion to change venue in his state criminal case”

Breland v. Sam's East, Inc.
2:21-cv-00108 · 2023-01-13
Summary judgment (defendant) Granted

“Magistrate Judge Neurock made findings and conclusions, and recommended that Defendant Sam’s East Inc.’s Motion for Summary Judgment, (Dkt. No. 49), be granted and that Plaintiffs’ claims against Sam’s East be dismissed.”

Adams v. Texas Board of Pardons
2:23-cv-00103 · 2023-06-14

Pro se §2254 habeas. Neurock M&R recommended dismissal WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for want of prosecution (failure to file the inmate trust-fund account statement / required affidavit despite two warnings); all remaining pending motions (Docs. 5, 7, 10, 11) recommended denied as moot. The recommendation states: "the undersigned recommends that Petitioner’s case be DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b)." This is a failure-to-prosecute dismissal, not a merits motion ruling.

Punch v. Victoria County Jail Medical Department
6:22-cv-00022 · 2023-02-07

Pro se prisoner §1983 (Victoria Division). Neurock M&R recommended dismissing the §1983 claims without prejudice on 28 U.S.C. §1915(e)(2)(B) screening; Plaintiff's Motion to Transfer (treated as a habeas petition and severed) and Motion for Appointment of Counsel recommended denied as moot. Adopted in full 2023-08-29 by Judge Drew B. Tipton. The recommendation states: "recommended that Plaintiff’s Section 1983 claims be dismissed without prejudice, (Dkt. Nos. 1, 7), for purposes of screening and 28 U.S.C. §1915(e)(2)(B)." This is a §1915 screening disposition rather than a merits motion ruling.

Kuzniar v. Commissioner of the Social Security Administration
2:23-cv-00237 · 2024-06-04
Social security appeal (plaintiff) Denied

“Having considered the parties’ filings, the record, and the law, the Court finds that the substantial evidence supports the Administrative Law Judge’s (‘ALJs’) determination that Plaintiff was not disabled. The Court therefore AFFIRMS the decision of the Commissioner.”

Metting v. O'Malley
2:24-cv-00130 · 2025-01-10
Social security appeal (plaintiff) Denied

“After review of the parties’ briefing, the record, and relevant law, and for the reasons discussed below, the Court orders that the decision of the Commissioner be AFFIRMED and that this case be DISMISSED.”

Ortega v. Kijakazi
2:22-cv-00096 · 2023-03-14
Social security appeal (plaintiff) Denied

“On March 14, 2023, United States Magistrate Judge Mitchel Neurock issued his Memorandum and Recommendation (M&R, D.E. 18), recommending that the Commissioner’s decision be affirmed and that this case be dismissed.”

De La Garza v. BCW Trucking, LLC
2:24-cv-00066 · 2025-04-16
Summary judgment (defendant) Granted in part

“DENIES Defendants’ motion for summary judgment (D.E. 19) with regard to Plaintiffs’ claim that Wilson failed to properly inspect or secure the load; DENIES Defendants’ motion for summary judgment with regard to Plaintiffs’ claims of gross negligence and respondeat superior regarding Wilson’s alleged failure to properly inspect or secure the load; GRANTS summary judgment for Defendants with regard to Plaintiffs’ claim that Wilson failed to exercise ordinary care in his emergency driving maneuvers when the panel began to fall from the trailer; GRANTS summary judgment for Defendants with regard to Plaintiffs’ claims of gross negligence and respondeat superior regarding Wilson’s emergency driving maneuvers when the panel began to fall from the trailer; and GRANTS summary judgment for Defendants with regard to Plaintiffs’ abandoned claim that Wilson failed to properly maintain his truck and trailer.”

Gonzales v. Chief Sinton Police Department/Officers
2:24-cv-00001 · 2024-09-27
Summary judgment (defendant) Granted

“Accordingly, Defendants’ motion to dismiss (D.E. 22), construed as a motion for summary judgment, is GRANTED and this action is DISMISSED WITH PREJUDICE.”

Barefield v. Bowman
6:23-cv-00040 · 2023-11-09
Motions to dismiss (defendant) Granted

“For the reasons discussed below, the undersigned recommends that the district court GRANT the motions and DISMISS Plaintiff’s lawsuit with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6).”

Castillo v. Becka
2:21-cv-00162 · 2022-08-31
Motions to dismiss (defendant) Granted

“Accordingly, the undersigned recommends that Defendant’s motion to dismiss (Doc. No. 34) be GRANTED and that this case be DISMISSED with prejudice pursuant to Fed. R. Civ. P. 41(b).”

Molinar v. Lumpkin
6:22-cv-00006 · 2022-08-12
Motions to dismiss (defendant) Granted in part

“For the reasons set forth below, the undersigned recommends that Defendant’s motion to dismiss be GRANTED IN PART, as to Plaintiff’s request to grow his hair long in accordance with his professed faith, and DENIED IN PART, because a live controversy still exists regarding whether Plaintiff may wear two braids rather than only one.”

Caseload & timing

From public federal docket records for this judge.

Corpus Christi and Victoria Division referral magistrate; the record is dominated by pro se prisoner 1983 and 2254/1915 screening recommendations, plus occasional counsel-represented civil dispositive recommendations (e.g. the Breland products-liability summary-judgment). Not a complete caseload census.

Put Judge Neurock's record to work

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Opens in Ezel Pro. Every answer is grounded in Judge Neurock's own signed orders and cites them.