Moreno v. Kwarting

Case: 21-40904 Document: 00516558672 Page: 1 Date Filed: 11/28/2022

United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit

FILED
No. 21-40904 November 28, 2022
Summary Calendar
Lyle W. Cayce
Clerk

Juan A. Moreno,

Plaintiff—Appellant,

versus

Isaac Kwarting, Medical Director, McConnell Unit; Erick
Echavarry, Medical Physician, McConnell Unit; Steven Steger,
Optometrist, McConnell Unit; Daniel Vivis, Medical Mental
Psychotherapist, McConnell Unit; Donna Bryant, Substitute Counsel-
Advocate, McConnell Unit; Gene E. Miller; Tanya Lawson;
Daniel Dominguez; Candace Moore; Megan Thompson;
Placido Samaniego,

Defendants—Appellees.

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:20-CV-146
Case: 21-40904 Document: 00516558672 Page: 2 Date Filed: 11/28/2022

No. 21-40904

Before Jones, Haynes, and Oldham, Circuit Judges.
Per Curiam:*
Juan A. Moreno, a Texas prisoner, slipped and fell in a prison
restroom. He alleged employees of both the University of Texas Medical
Branch 1 and the Texas Department of Criminal Justice 2 failed to provide
adequate medical care and access to a prison library restroom. He sued under
42 U.S.C. § 1983 for violations of the Constitution and the Americans with
Disability Act (“ADA”). The district court dismissed his claims, adopting
the recommendations of a magistrate judge. Moreno now appeals the
dismissal of his claims for violations of the Eighth and Fourteenth
Amendments of the Constitution and the ADA. He proceeds pro se. Pro se
briefs are afforded liberal construction. See Yohey v. Collins, 985 F.2d 222,
225 (5th Cir. 1993).
After a careful review of Moreno’s brief, considering the magistrate
judge’s opinion and relevant portions of the record, we could not discern any
argument against the magistrate judge’s analysis. When an appellant fails to
identify any error in the trial court’s analysis, it is the same as if the appellant
had not appealed that issue. See Brinkmann v. Dall. Cty. Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir. 1987). The appeal, therefore, lacks arguable merit
and is DISMISSED. See 5TH CIR. R. 42.2. His motions to compel the clerk
to perform duties and to appoint counsel are DENIED.

*
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opinion should not be published and is not precedent except under the limited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.
1
Isaac Kwarteng, M.D., Erick Echavarry, P.A., Steve Steger, O.D., Vivi S. Daniel,
M.D., Tanya Lawson, and Daniel Dominguez.
2
Donna Bryant, Candace Moore, Megan Thompson, Placido Samaniego, and
Gene Miller.