UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MATTHEW P. SCHORR, Plaintiff, v. Civil Action No. 15-1290 (TJK) DENISE E. ROBERSON et al., Defendants. MEMORANDUM OPINION Plaintiff Matthew P. Schorr, proceeding pro se, was convicted of federal child- pornography charges in 2011. Based on his conviction, United States Immigration and Customs Enforcement (“ICE”), a component of the Department of Homeland Security (“DHS”), debarred him from participating in federal contracts and other federal programs. Schorr filed this lawsuit challenging his debarment against DHS, ICE, and various public officials. He brings two claims under the Administrative Procedure Act (“APA”), 5 U.S.C. § 551 et seq., and a Bivens claim for alleged violations of his due process and equal protection rights. See ECF No. 1 (“Compl.”) ¶¶ 60-73. Shortly after Schorr filed suit, ICE terminated the debarment. Defendants filed a Motion to Dismiss and/or for Summary Judgment (ECF No. 17), and Schorr filed a Partial Motion for Summary Judgment (ECF No. 20) in response. The Court referred the matter to Magistrate Judge G. Michael Harvey, who issued a Report and Recommendation to grant Defendants’ motion, deny Schorr’s motion, and dismiss the case. ECF No. 29 (“R&R”). Schorr filed objections to Magistrate Judge Harvey’s Report and Recommendation. ECF No. 33 (“Pl.’s Obj.”). His objections are that Magistrate Judge Harvey (1) misapprehended Schorr’s factual allegations, id. at 2-3; (2) failed to consider all of his submissions, id. at 15-18; (3) incorrectly determined that Schorr lacked standing at the time he filed suit, id. at 5-8; (4) incorrectly determined that Schorr’s APA claim was mooted by ICE’s termination of Schorr’s debarment, id. at 9-15; and (5) incorrectly determined that Schorr failed to allege egregious government misconduct in connection with his Bivens claim, id. at 18-19.1 Reviewing Schorr’s objections de novo, see Fed. R. Civ. P. 72(b)(3), the Court overrules the objections and adopts Magistrate Judge Harvey’s Report and Recommendation in its entirety except for its conclusion that Schorr lacked standing (although the Report and Recommendation’s reasoning on standing supports the conclusion that Schorr’s APA claims are moot), see R&R at 7-12, and as otherwise noted below. First, Schorr complains, Magistrate Judge Harvey failed to appreciate the supposedly extraordinary nature of his allegations. He argues that Magistrate Judge Harvey incorrectly assumed that “Defendants were[,] in fact, diligent bureaucrats,” when in reality “ICE Suspension and Debarment personnel have created a debarment mill that cranks out useless and illegal debarments whose only purpose is to perpetuate the continued existence of their jobs.” Pl.’s Obj. at 2. In support of this argument, Schorr cites the following allegations: that (1) “Defendants failed to check their CorrLinks account for [Schorr’s] Response before they debarred [him],” id.;2 (2) two of the Defendants received a copy of his complaint in this action shortly before terminating his debarment, Pl.’s Obj. at 2; and (3) Defendants’ decision to terminate his debarment was set forth in a very short letter with no reasoning, id. at 3. These allegations, 1 Magistrate Judge Harvey also recommended dismissing Schorr’s ...
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