Harper v. Gorsuch et al
MEMORANDUM adopting 4 Report and Recommendation. Ordered that the civil action is dismissed with prejudice as barred by sanctions previously imposed upon Harper by the Fifth Circuit Court of Appeals. Ordered that any and all motions which may be pending in this action are hereby denied. Signed by Judge Ron Clark on 6/14/2017. (bjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
DARRELL J. HARPER #1957729
KEITH GORSUCH, ET AL.
CIVIL ACTION NO. 6:16cv1014
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Darrell Harper, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 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. As Defendants, Harper names Texas Department of Criminal Justice,
Correctional Institutions Division officials Keith Gorsuch, Kevin Smith, V.A. McMillian, E.
Johnson, and Charles Landis.
In his complaint, Harper stated that the Defendants inflicted some unspecified harm on him
for refusing to turn out for work without a legitimate reason. He asserted that Texas is a right work
to work state and that “racism has the right to work in the workplace” [sic].
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. Harper filed objections to this Report asserting that the sanctions imposed by the
Fifth Circuit are indisputably meritless and allow the Defendants to benefit from racism. Harper’s
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 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. It is
ORDERED that any and all motions which may be pending in this action are hereby
So ORDERED and SIGNED this 14 day of June, 2017.
Ron Clark, United States District Judge
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