Harper v. United States of America

Filing 7

MEMORANDUM ORDER adopting 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
TYLER DIVISION
DARRELL J. HARPER #1957729

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v.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 6:16cv218

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 for civil and constitutional rights violations as well as retaliation, treason, and
racketeering. He complains that the United States failed to protect him from being the victim of
false disciplinary cases and retaliation by Texas prison officials. Harper further asserts that he is
being forced to work in violation of the Universal Declaration of Human Rights and prohibitions
against slavery. 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 “bigotry violated Plaintiff’s constitutional rights to peaceably assemble and petition government
for redress of grievances in violation of the Civil Rights Act of 1964 based on race (black) as
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amended).” He did not address the Magistrate Judge’s proposed conclusions concerning the
sanctions against him nor the sovereign immunity of the United States. Harper’s 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
DENIED.
So ORDERED and SIGNED this 16th day of April, 2017.

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