Harper v. Mock
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 1/6/2017. (bjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
DARRELL J. HARPER, #1957729
CIVIL ACTION NO. 6:16cv1365
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 lawsuit. The complaint 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 brings this lawsuit complaining about counsel working for the State Bar of
Texas. The State Bar of Texas is headquartered in Austin, Texas, which is located in the Western
District of Texas. Mr. Harper is confined at the Ellis Unit in Huntsville, Texas, which is located
in the Southern District of Texas. He has not shown a basis for jurisdiction in the Eastern District
In his objections, Mr. Harper complains about the sanctions imposed against him. 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 Mitchell 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 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 6 day of January, 2017.
Ron Clark, United States District Judge
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