Harper v. State of Texas et al

Filing 8

MEMORANDUM adopting the report and recommendation of the United States Magistrate Judge. Ordered that the civil action is dismissed with prejudice as barred by sanctions previously imposed upon Harper by the Fifth Circuit of Appeals and for failure to exhaust administrative remedies. 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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STATE OF TEXAS, ET AL.

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CIVIL ACTION NO. 6:16cv288

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Darrell Harper, an inmate of the Texas Department of Criminal Justice,
Correctional Institutions Division 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 named Defendants are the State of Texas and two TDCJ officers, Captain Kevin Smith and
Officer Robert Jefferis.
Harper complained of a disciplinary case for refusing to work, which he received on April
1, 2016, three days before filing his lawsuit. 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 Harper had plainly failed to exhaust his administrative remedies. Harper filed objections to the
Report stating 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 amended).” He did not address the Magistrate Judge’s proposed findings and
conclusions concerning the sanctions against him or the failure to exhaust administrative remedies.
Harper’s objections are without merit.
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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
barred by sanctions previously imposed upon Harper by the Fifth Circuit Court of Appeals and for
failure to exhaust administrative remedies. 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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