Harper v. United States of America

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 4 is ADOPTED. The cause of action is DISMISSED without prejudice as barred by the sanctions imposed by the Fifth Circuit Court of Appeals. All motions not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 02/09/16. (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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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 6:16cv29

ORDER OF DISMISSAL
Plaintiff Darrell J. Harper, an inmate confined at the Ellis Unit of the Texas prison system,
proceeding pro se, filed the above-styled and numbered civil lawsuit. The complaint was referred
to United States Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation
concluding that the civil rights lawsuit should be dismissed pursuant to sanctions imposed by the
Fifth Circuit. Plaintiff has filed objections.
The Report of the Magistrate Judge, which contains 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 the objections raised by Plaintiff, the Court is of the opinion that the
findings and conclusions of the Magistrate Judge are correct, and the objections by Plaintiff are
without merit. 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 #4) is ADOPTED. It is
further

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ORDERED that the cause of action is DISMISSED without prejudice as barred by the
sanctions imposed by the Fifth Circuit Court of Appeals. It is finally
ORDERED that all motions not previously ruled on are DENIED.
It is SO ORDERED.
SIGNED this 9th day of February, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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