Harper v. United States of America

Filing 5

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this lawsuit be dismissed without prejudice pursuant to sanctions imposed by the United States Court of Appeals for the Fifth Circuit. Signed by Judge Marcia A. Crone on 6/16/15. (mrp, )

UNITED STATES DISTRICT COURT
DARRELL J. HARPER,
Plaintiff,
versus
UNITED STATES OF AMERICA,
Defendant.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:15-CV-19

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Darrell J. Harper, proceeding pro se, filed this lawsuit against the United States of
America. The court previously referred this matter to the Honorable Keith F. Giblin, United
States Magistrate Judge.
The magistrate judge has submitted a Report and Recommendation of United States
Magistrate Judge concerning this matter. The magistrate judge recommends that this lawsuit be
dismissed without prejudice pursuant to sanctions imposed by the United States Court of Appeals
for the Fifth Circuit.
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. Plaintiff filed objections to the
Report and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. After careful consideration, the court is of the opinion that the objections are
without merit. As plaintiff has not satisfied the sanctions previously imposed by the Fifth Circuit,
he may not proceed with this matter.
ORDER
Accordingly, plaintiff’s objections are OVERRULED.

The findings of fact and

conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is

ADOPTED. A final judgment will be entered in this case in accordance with the magistrate
.
judge’s recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Sherman, Texas, this 16th day of June, 2015.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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