Harper v. Roesler et al

Filing 9

ORDER OF DISMISSAL ADOPTING 5 Report and Recommendations of the United States Magistrate Judge. ORDERED that the cause of action is DISMISSED without prejudice as barred by the sanctions imposed by the Fifth Circuit Court of Appeals. Signed by Judge Michael H. Schneider on 4/20/2016. (gsg)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DARRELL J. HARPER, #1957729 § VS. § MICHAEL A. ROESLER, ET AL. § CIVIL ACTION NO. 6:16cv269 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 rights lawsuit. The complaint was referred to United States Magistrate Judge John D. Love, 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 #5) is ADOPTED. It is further 1 . 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 20th day of April, 2016. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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