Harper v. Director, TDCJ-CID

Filing 9

MEMORANDUM ORDER adopting 6 Report and Recommendation. Ordered that the application for writ of habeas corpus is dismissed with prejudice as barred by sanctions previously imposed upon Harper by the Fifth Circuit Court of Appeals. Ordered that the Petitioner Darrell Harper is denied a certificate of appealability sua sponte. Ordered that any and all motions which may be pending in this action are hereby denied. Signed by Judge Ron Clark on 2/14/2017. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DARRELL J. HARPER #1957729 § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:16cv266 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Darrell Harper, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. §2254 complaining of the legality of his confinement. 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. After review of the pleadings, the Magistrate Judge issued a Report recommending that the petition be dismissed as barred by sanctions imposed upon Harper by the Fifth Circuit Court of Appeals. Harper filed objections raising 18 grounds for relief, including claims that he is a “fictitious person involved in a legal scandal,” racism played a part in admiralty law infringing his constitutional rights to instill racial enslavement, judges who behave more like lawyers than judges should be arrested, and the denial of his right to face his accuser violated the Civil Rights Act of 1973, the Administrative Procedures Act, the Whistleblower Protection Act, the Racketeer Influenced and Corrupt Organizations Act, the Americans with Disabilities Act, the Deceptive Trade Practices Act, the Federal Tort Claims Act, the Texas Tort Claims Act, and the Texas Commission on Human Rights Act. None of Harper’s objections address the basis for the dismissal of his petition and none contain any merit. 1 The Court has conducted a careful de novo review of those portions of the Magistrate Judge’s proposed findings and recommendations to which the Petitioner 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 Petitioner’s objections are without merit. It is accordingly ORDERED that the Petitioner’s objections are overruled and the Report of the Magistrate Judge (docket no. 6) is ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled application for the writ of habeas corpus is DISMISSED WITH PREJUDICE as barred by sanctions previously imposed upon Harper by the Fifth Circuit Court of Appeals. It is further ORDERED that the Petitioner Darrell Harper is DENIED a certificate of appealability sua sponte. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. So Ordered and Signed Feb 14, 2017 2

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