Harper v. TDCJ-CID et al
MEMORANDUM ORDER adopting the 2 Report and Recommendation. Ordered that the civil action is dismissed with prejudice, as frivolous and as barred by sanctions previously imposed upon Harper by the Fifth Circuit Court of appeals. Ordered that any and all motions which may be pending in this action are hereby denied. Signed by Judge Ron Clark on 10/11/2016. (bjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
DARRELL J. HARPER #1957729
TDCJ-CID, ET AL.
CIVIL ACTION NO. 6:15cv796
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Darrell Harper, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 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
Harper’s lawsuit seeks the institution of criminal charges against TDCJ-CID and a prison
guard named Sgt. Butler, whom he says threatened to slam him on the ground. The Magistrate
Judge issued a Report recommending that the lawsuit be dismissed because there is no constitutional
right to have someone else criminally prosecuted and because Harper has been barred from filing
new lawsuits as a result of sanctions imposed by the Fifth Circuit.
Harper filed objections to the Report arguing that the sanctions imposed by the Fifth Circuit
are “an absolute nullity” because “the color of state law is in conflict with the Civil Rights Act of
1964 for Plaintiff’s filing of employment discrimination complaints [sic].” He contends that the
defendants are “legalized criminals impersonating law abiding citizens executing legal scandals.”
These objections plainly have no merit.
The Court has conducted a careful de novo review of those portions of the Magistrate Judge’s
proposed findings and recommendations to which the Plaintiff objected. See 28 U.S.C. §636(b)(1)
(district judge shall “make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.”) Upon such de novo review,
the Court has determined that the Report of the Magistrate Judge is correct and 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 is DISMISSED WITH PREJUDICE as
frivolous and as barred by sanctions previously imposed upon Harper by the Fifth Circuit Court of
Appeals. It is further
ORDERED that any and all motions which may be pending in this action are hereby
So ORDERED and SIGNED this 11 day of October, 2016.
Ron Clark, United States District Judge
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