Harper v. Crow

Filing 8

MEMORANDUM ORDER adopting 3 Report and Recommendation. Ordered that the civil action is dismissed with prejudice as barred by sanctions previously imposed upon Harper by the Fifth Circuit Court of Appeals. Ordered that all motions pending in this action are hereby denied. Signed by Judge Ron Clark on 3/6/2017. (bjc, )

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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JIM CROW

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CIVIL ACTION NO. 6:17cv8

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 states that he is bringing suit against “Defendant State of Texas Jim Crow” for
violating “the spirit of the United States Constitution” and knowingly creating a dangerous
environment, the nature of which is not specified. For relief, Harper states that he “demands
satisfaction.”
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 asserting that although federal law has
jurisdiction over all 50 states, sanctions have never been imposed upon the Defendant State of Texas
Jim Crow, whose laws have discriminated against Harper because he filed discrimination
complaints. These laws are prohibited by the Civil Rights Act of 1964 and the First Amendment.
Harper’s objections are patently without merit.

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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
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 all motions pending in this action are hereby DENIED.
So ORDERED and SIGNED this 6 day of March, 2017.

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Ron Clark, United States District Judge

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