Harper v. McCullough et al

Filing 6

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF THE U. S. MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT. It is ordered that this civil action is dismissed with prejudice as barred by sanctions previously imposed upon Harper by the Fifth Circuit Court of Appeals. Signed by District Judge Ron Clark on 5/8/18. (mrp, )

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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FREDERICK McCULLOUGH, ET AL.

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CIVIL ACTION NO. 6:16cv1328

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.
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 arguing that the Fifth Circuit’s sanctions
are “inauthentic,” his identity has been stolen because his “straw man” has been charged with
infractions, he was the victim of racism, and the federal courts have jurisdiction over admiralty
cases.
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
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
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ORDERED that the Plaintiff’s objections are overruled and the Report of the Magistrate
Judge (docket no. 3) 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
May 8, 2018

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