Harper v. United States of America
MEMORANDUM ORDER adopting the 4 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 4/16/2017. (bjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
DARRELL J. HARPER #1957729
UNITED STATES OF AMERICA
CIVIL ACTION NO. 6:16cv62
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 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 is suing under Bivens v. Six Unknown Named Agents of the Federal
Bureau of Narcotics because federal officials in the Western District of Texas have engaged in
reverse discrimination by unconstitutionally detaining for filing EEO complaints. He seeks
$100,000,000.00 in damages,
After review of the pleadings, the Magistrate Judge issued a Report recommending that the
lawsuit be dismissed as barred by sanctions previously imposed upon Harper by the Fifth Circuit
Court of Appeals. The Magistrate Judge further observed that the United States has sovereign
immunity against civil rights lawsuits seeking monetary damages. Harper filed objections arguing
that he has been the victim of civil and constitutional rights violations, his previous lawsuits have
been dismissed because he is black, the sanctions imposed on him are an “absolute nullity” because
they permit the infliction of cruel and unusual punishment, and he has been the victim of “Jim
Crowism” and obstruction of justice in violation of the Civil Rights Act of 1964. Harper’s
objections fail to mention the Magistrate Judge’s conclusion that the United States is absolutely
immune from suit for monetary damages and he fails to show that the sanctions imposed on him
were improper or that the district court has the power to determine that sanctions imposed by the
Fifth Circuit are a nullity. His objections are without 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. 4) 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 16th day of April, 2017.
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