Harper v. Director, TDCJ-CID

Filing 10

MEMORANDUM ORDER adopting 7 Report and Recommendation. Ordered that the 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 3/7/2017. (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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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:16cv1012

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 asserting that the Fifth Circuit’s sanctions amount to a “double
standard” as prohibited by the Eighth Amendment, the Civil Rights Act of 1964, the Administrative
Procedures Act, the Whistleblower Protection Act, the Americans with Disabilities Act, the Federal
Tort Claims Act, and the Deceptive Trade Practices Act. These objections are patently without
merit.
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,

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the Court has determined that the Report of the Magistrate Judge is correct and the
Petitioner’s objections are without merit. The court finds that Petitioner's Application and his
objections were filed for an improper purpose, namely to harass, and

impose costs on

Defendant. There is no constitutional right of access to the courts to prosecute an action that is
frivolous, malicious, or pursued for the sole purpose of harassing another. Villar v. Crowley
Maritime Corp., 990 F.2d 1489, 1499 (5th Cir. 1993). It is accordingly
ORDERED that the Petitioner’s objections are overruled and the Report of the Magistrate
Judge (docket no. 7) 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 this 7 day of March, 2017.

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Ron Clark, United States District Judge

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