Harper v. Davis et al

Filing 8

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. Signed by Judge Ron Clark on 5/6/2017. (bjc, )

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. 6:16cv970

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.
In his objections, Mr. Harper states that the sanctions imposed by the Fifth Circuit violate
the Civil Rights Act of 1964. His complaint about the sanctions imposed by the Fifth Circuit must be
presented to the Fifth Circuit, as opposed to this court. This court is obligated to comply with the orders
issued by the Fifth Circuit. The Report appropriately concluded that the lawsuit should be dismissed in
accordance with the sanctions. The court may not consider Mr. Harper’s claims due to the sanctions
imposed by the Fifth Circuit.

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

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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 6 day of May, 2017.

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Ron Clark, United States District Judge

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