Harper v. United States of America
Filing
7
MEMORANDUM adopting 5 Report and Recommendation. This lawsuit is dismissed with prejudice as frivolous and as barred by the sanctions imposed by the Fifth Circuit Court of Appeals. Any motions still pending are denied. Signed by District Judge Ron Clark on 4/26/18. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DARRELL J. HARPER
§
v.
§
UNITED STATES OF AMERICA
§
CIVIL ACTION NO. 6:16cv1076
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Darrell Harper, proceeding pro se, filed this lawsuit complaining of alleged
violations of his constitutional rights. This Court referred the case 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. The sole named Defendant
is the United States of America.
Harper seeks to sue the United States for monetary damages for claimed civil rights
violations, retaliation, treason, and racketeering. The Magistrate Judge issued a Report
recommending that the lawsuit be dismissed becauase the United States has sovereign immunity
from lawsuits seeking monetary damages and because Harper has been barred from filing pleadings
as a result of sanctions previously imposed upon him by the Fifth Circuit Court of Appeals.
A copy of the Magistrate Judge’s Report was sent to Harper at his last known address, return
receipt requested, but no objections have been received; accordingly, he is barred from de novo
review by the District Judge of those findings, conclusions, and recommendations and, except upon
grounds of plain error, from appellate review of the unobjected-to factual findings and legal
conclusions accepted and adopted by the District Court. Douglass v. United Services Automobile
Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).
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The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge.
Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243
(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is
“clearly erroneous, abuse of discretion and contrary to law.”). It is accordingly
ORDERED that 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 lawsuit is DISMISSED WITH PREJUDICE as frivolous
and as barred by the sanctions imposed by the Fifth Circuit Court of Appeals. It is further
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.
So Ordered and Signed
Apr 25, 2018
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