Harper v. United States of America

Filing 7

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's objections are overruled and the Report of the Magistrate Judge 3 is ADOPTED as the opinion of the District Court. The above-styled civil action is DISMISSED with prejudice as f rivolous and as barred by the sanctions imposed by the Fifth Circuit. The Clerk shall send a copy of this order to the Administrator of the Strikes List for the Eastern District of Texas. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Leonard Davis on 09/24/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DARRELL HARPER

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v.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 6:14cv654

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Darrell Harper, proceeding pro se, filed this lawsuit complaining of alleged
violations of his constitutional rights. This Court ordered that the case be referred to the United
States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the
Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. The sole
named defendant is the United States of America.
Harper states that he “accuses the defendant of allowing the State of Texas to corrupt specific
details disclosed in discrimination complaint, civil suits, and grievances, which denied plaintiff due
process. See 5th Cir. Court of Appeals sanction no. 07-20603, dated June 19, 2008). Harper goes
on to say that the United States was “part of the problem that improperly tried plaintiff in state court
for the crime of terroristic threat that should have been treated as a federal offense, meaning State
of Texas should have been tried for civil rights violation.” He attaches a letter he received from Lt.
Poole of the Travis County Sheriff’s Department, apparently while Harper was incarcerated there,
and says that Poole threatened him with a perjury prosecution if Harper filed an affidavit accusing
Travis County sheriff’s deputies of accepting bribes. Harper’s lawsuit seeks monetary damages.
After review of the pleadings, the Magistrate Judge issued a Report recommending that he
lawsuit be dismissed. The Magistrate Judge observed that the United States has sovereign immunity
from lawsuits for monetary damages and that Harper had pleaded nothing resembling a viable claim

under the Federal Tort Claims Act. The Magistrate Judge also stated that Harper has been
sanctioned on two prior occasions by the Fifth Circuit Court of Appeals, under the terms of which
sanctions Harper is barred from filing any pleadings in the Fifth Circuit or the courts subject to its
jurisdiction until those sanctions are satisfied, which he has not done. The Magistrate Judge
therefore recommended that the lawsuit be dismissed as frivolous and as barred by the sanctions
imposed by the Fifth Circuit.
In his objections, Harper complains that the United States failed to protect him from
employment discrimination and failed to “minimize the risk of conflict with judicial duties.” He
states that he never consented to the Magistrate Judge’s jurisdiction in the case and that the United
States has violated the U.S. President’s oath of office by encouraging sanctions to be imposed upon
him for “infractions yet to be committed, through no fault of plaintiff’s own, because employment
discrimination played a part in a termination.” Harper’s objections are patently without merit.
The Court has conducted a careful de novo review of the pleadings in this case, including the
Report of the Magistrate Judge and the Plaintiff’s objections thereto. Upon such de novo review,
the Court has concluded that the Report of the Magistrate Judge is correct and that the Plaintiff’s
objections are without merit. It is accordingly
ORDERED that the Plaintiff’s objections are overruled and the Report of the Magistrate
Judge (docket no. 3) is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled civil action be and hereby is DISMISSED with prejudice
as frivolous and as barred by the sanctions imposed by the Fifth Circuit. It is further
ORDERED that the Clerk shall send a copy of this order to the Administrator of the Strikes
List for the Eastern District of Texas. Finally, it is

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ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 24th day of September, 2014.

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