Harper v. Wunderlich et al
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. Signed by Judge Ron Clark on 12/13/2016. (bjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
DARRELL J. HARPER, #1957729
MICHAEL C. WUNDERLICH, ET AL.
CIVIL ACTION NO. 6:16cv1327
ORDER OF DISMISSAL
Plaintiff Darrell J. Harper, an inmate confined at the Ellis Unit of the Texas prison system,
proceeding pro se, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C.
§ 1983. The complaint was referred to United States Magistrate Judge John D. Love, 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
Mr. Harper argues in his objections that the Fifth Circuit imposed sanctions against him
because he exercised his constitutional rights. His complaints about the sanctions imposed by the
Fifth Circuit must be presented to the Fifth Circuit, as opposed to this court. This court is
obligated to comply with the orders issued by the Fifth Circuit.
Magistrate Judge Love
appropriately concluded that the lawsuit should be dismissed in accordance with the sanctions.
The court may not consider Mr. Harper’s claims due to the sanctions imposed by the Fifth Circuit.
The Report of the Magistrate Judge, which contains his 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.
Ron Clark, United States District Judge
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