Harper v. Director, TDCJ-CID

Filing 7

ORDER OF DISMISSAL overruling objections and adopting 3 Report and Recommendation. This action is dismissed without prejudice as barred by the sanctions imposed by the Fifth Circuit. All motions not previously ruled on are denied. Signed by Judge Ron Clark on 12/13/16. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

DARRELL J. HARPER, #1957729

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:16cv1325

ORDER OF DISMISSAL
Petitioner Darrell J. Harper, an inmate confined at the Ellis Unit of the Texas prison system,
proceeding pro se, filed the above-styled and numbered petition for a writ of habeas corpus
challenging his Travis County convictions. The petition was referred to United States Magistrate
Judge K. Nicole Mitchell, who issued a Report and Recommendation concluding that the lawsuit
should be dismissed pursuant to sanctions imposed by the United States Court of Appeals for the
Fifth Circuit. Mr. Harper has filed objections.
Mr. Harper’s objections consist of nothing more than another petition for a writ of habeas
corpus form with the word “OBJECTION” written on the first page. This court is obligated to
comply with the orders issued by the Fifth Circuit. Magistrate Judge Mitchell appropriately
concluded that the lawsuit should be dismissed in accordance with the sanctions. The court may
not consider Mr. Harper’s petition due to the sanctions imposed by the Fifth Circuit. Moreover,
in the absence of sanctions, venue would not be proper in this court since Mr. Harper’s convictions
occurred in the Western District of Texas, and he is confined in the Southern District of Texas.
Venue is proper only in one of those two districts. 28 U.S.C. § 2241(d). Nonetheless, the
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petition should not be transferred to one of those courts because of the sanctions imposed against
Mr. Harper by the Fifth Circuit.
The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and
having made a de novo review of the objections raised by Mr. Harper to the Report, the court is of
the opinion that the findings and conclusions of the Magistrate Judge are correct, and Mr. Harper’s
objections are without merit. It is therefore
ORDERED that the cause of action is DISMISSED without prejudice as barred by the
sanctions imposed by the Fifth Circuit. All motions not previously ruled on are DENIED.
So ORDERED and SIGNED this 13 day of December, 2016.

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Ron Clark, United States District Judge

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