Harper v. State of Texas

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 5 is ADOPTED. 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 Michael H. Schneider on 02/25/15. (mll, )

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

DARRELL J. HARPER, #1957729

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VS.

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STATE OF TEXAS

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CIVIL ACTION NO. 6:15cv83

ORDER OF DISMISSAL
Plaintiff Darrell J. Harper, an inmate confined at the Larry Gist Unit of the Texas prison
system, proceeding pro se, filed the above-styled and numbered civil lawsuit. The cause of action
was referred 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. PACER lists 97 cases
filed by him in federal courts in Texas. 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.”

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Harper v. City of Houston, 282 F. App’x 351, 351-52 (5th Cir.), cert. denied, 555 U.S. 1003 (2008).
Harper persists in abusing the federal court system despite the sanctions. Indeed, over the last
thirteen months, he filed 19 civil lawsuits in the Tyler Division even though he is not confined here
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 Report and Recommendation (docket entry #5) is ADOPTED. It is

further
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.
It is SO ORDERED.
SIGNED this 25th day of February, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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