Harper v. Davis et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The cause of action is DISMISSED without prejudice as barred by the sanctions imposed by the Fifth Circuit. All motions not previously ruled on are DENIED. Signed by Judge Ron Clark on 07/21/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

DARRELL J. HARPER, #1957729

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VS.

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LORIE DAVIS, ET AL.

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CIVIL ACTION NO. 6:16cv969

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 pursuant to 42 U.S.C.
§ 1983. The complaint was referred to United States Magistrate Judge John D. Love, who issued
a Report and Recommendation concluding that the lawsuit should be dismissed pursuant to
sanctions imposed by the United States Court of Appeals for the Fifth Circuit. Mr. Harper has
filed objections.
Mr. Harper alleges that the criminal justice system is subjecting him to the imminent
danger of modern day slavery. He further alleges that he was illegally convicted. In his
objections, he complains about racism and discrimination. He did not, however, address the
explanation contained in the Report and Recommendation as to why his lawsuit should be
dismissed. Magistrate Judge Love appropriately concluded that the lawsuit should be dismissed
in accordance with the sanctions imposed by the Fifth Circuit. The court may not consider Mr.
Harper’s claims due to the sanctions imposed by the Fifth Circuit.

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The Report of the Magistrate Judge, which contains his 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 Mr. Harper to the Report, the court is of
the opinion that the findings and conclusions of the Magistrate Judge are correct, and Mr. Harper’s
objections are without merit. It is therefore
ORDERED that the cause of action is DISMISSED without prejudice as barred by the
sanctions imposed by the Fifth Circuit. All motions not previously ruled on are DENIED.
So ORDERED and SIGNED this 21 day of July, 2016.

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Ron Clark, United States District Judge

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