Harper v. Roesler et al

Filing 7

ORDER adopting 4 Report and Recommendation and dismissing this action with prejudice for failure to state a claim and as barred the sanctions imposed by the Fifth Circuit Court of Appeals. All pending motions are denied. Signed by Judge Ron Clark on 9/27/16. (tkd, )

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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MICHAEL ROESLER, ET AL.

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CIVIL ACTION NO. 6:16cv1106

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.
Harper complained that he was disciplined for failure to turn out for work without a
legitimate reason. He argued that racism in the workplace violates his constitutional rights and that
“penal codes rule of law” hinder his right to petition the Government for redress of grievances.
After review of the pleadings, the Magistrate Judge issued a Report recommending that
the lawsuit be dismissed for failure to state a claim upon which relief may be granted and as
barred by sanctions previously imposed upon Harper by the Fifth Circuit Court of Appeals.
Harper filed objections arguing that the sanctions imposed by the Fifth Circuit are “indisputably
meritless for condoning racism” and that the Court has not properly investigated his being in
“imminent danger of barbaric penal codes.” These objections are patently frivolous.
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
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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 for
failure to state a claim and 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 27 day of September, 2016.

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Ron Clark, United States District Judge

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