Harper v. State of Texas et al

Filing 8

MEMORANDUM adopting 5 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
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. 6:16cv1034

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 the State of Texas, the Texas Board of Pardons
and Paroles, and Texas Governor Gregg Abbott.
In his complaint, Harper claimed that he was improperly tried in state court on charges of
terroristic threat and retaliation, which should have been federal charges. He listed 55 other grounds
upon which he is suing, including various allegations of racism and claims implicating the validity
of his conviction.
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 because they impose an unreasonable burden upon him based
upon his age, race, and gender. 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)
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(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. 5) 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
further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
So ORDERED and SIGNED this 14 day of June, 2017.

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Ron Clark, United States District Judge

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