Mitchel Neurock
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.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motion for leave to amend N = 1 |
Granted: 1 | counts only |
| Preliminary injunction N = 1 |
Denied: 1 | counts only |
| Motion to consolidate N = 1 |
Moot / procedural: 1 | counts only |
| Motion to change venue N = 1 |
Denied: 1 | counts only |
| Summary judgment N = 1 |
Granted: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“recommended that the Court (1) retroactively grant leave for Plaintiff to file his second amended complaint”
“recommended that the Court ... (4) deny Plaintiff’s motions for preliminary injunction”
“(5) deny Plaintiff’s motion to consolidate cases as moot”
“(6) deny Plaintiff’s motion to change venue in his state criminal case”
“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.”
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. Grounding quote: "the undersigned recommends that Petitioner’s case be DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b)." Procedural (failure-to-prosecute) dismissal, not a merits motion ruling -> excluded from motion stats; counts as an order read.
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. Grounding quote: "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)." §1915 screening disposition -> excluded from motion stats; counts as an order read. Date_issued = M&R date (2023-02-07).
Caseload & timing
From public federal docket records for this judge.
Corpus Christi and Victoria Division referral magistrate; GovInfo footprint dominated by pro se prisoner §1983 and §2254/§1915 screening M&Rs, plus occasional counsel-represented civil dispositive M&Rs (e.g. the Breland products-liability MSJ). Not a complete caseload census.