Harper v. State of Texas et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The civil rights complaint is DISMISSED without prejudice as barred by the sanctions imposed by the United States Court of Appeals for the Fifth Circuit. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 12/15/14. (mll, )

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

DARRELL J. HARPER, #1105338

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VS.

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STATE OF TEXAS, ET AL.

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CIVIL ACTION NO. 6:14cv825

ORDER OF DISMISSAL
Plaintiff Darrell J. Harper, an inmate confined in the Texas prison system and previously
confined in the Travis County Correctional Complex, proceeding pro se, filed the above-styled and
numbered civil lawsuit. The cause of action was directly assigned to United States Magistrate Judge
K. Nicole Mitchell, who issued a Report and Recommendation concluding that the lawsuit should
be dismissed in light of sanctions previously imposed against him. Harper has filed objections.
The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having
made a de novo review of objections raised by Harper to the Report, the Court is of the opinion that
the findings and conclusions of the Magistrate Judge are correct and Harper’s objections are without
merit. Harper has routinely engaged in abuse of the federal court system. The Fifth Circuit thus
imposed sanctions against him and “barred him from filing any pleadings in [the Fifth Circuit] or
in any court subject to [the Fifth Circuit’s] jurisdiction until the total amount of the sanctions
imposed against him is paid in full.” Harper v. City of Houston, 282 F. App’x 351, 351-52 (5th
Cir.), cert. denied, 555 U.S. 1003 (2008). Harper persists in abuse of the federal court system despite

the sanctions. Indeed, in just this year, he has filed ten civil lawsuits in this Court even though he
is not confined in the Eastern District of Texas and there is no basis for venue in this Court. The
lawsuit should be dismissed in accordance with the sanctions imposed by the Fifth Circuit.
Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the
findings and conclusions of the Court. It is accordingly
ORDERED that the civil rights complaint is DISMISSED without prejudice as barred by
the sanctions imposed by the United States Court of Appeals for the Fifth Circuit. All motions not
previously ruled on are hereby DENIED.
So ORDERED and SIGNED this 15th day of December, 2014.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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