Harper v. State Of TexasThe Clerk shall not accept for filing any pleadings or open any mail from Darrell J. Harper. All mail shall be returned marked "frivolous filer, return to sender.

Filing 3

MEMORANDUM OPINION AND ORDER dismissing with prejudice 1 Prisoner Civil Rights Complaint. Harper is sanctioned in the amount of $300.00. Harper is barred from filing any civil rights suit in this district. The Clerk is ordered not to accept for filing any pleadings or open any mail from Harper. All mail shall be returned to Harper marked "Frivolous Filer, Return to Sender." (Signed by Judge Sim Lake) Parties notified.(aboyd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

DARRELL J. HARPER,
NO. 1105338,
Plaintiff,
CIVIL ACTION NO. H-13-0721

v.
STATE OF TEXAS,
Defendant.

MEMORANDUM OPINION AND ORDER

Darrell J. Harper is an inmate of the Travis County Jail who
has been sanctioned for his abuse of the legal system.

He has

filed a civil rights complaint against the State of Texas claiming
that he has been wrongly incarcerated. He also alleges that he has
been forced to testify against himself and that he has been denied
effective assistance of counsel.

Such claims are barred from

consideration in a civil rights proceeding.
S.Ct. 2364, 2372 (1994).

Heck v. Humphrev, 114

The court will therefore dismiss this

action for the reasons stated below.
Harper has a significant history of filing frivolous lawsuits.

See, e . ~ . , Harper v. Citv of Houston, No. 07-20603

(5th Cir.

June 19, 2008); Harper v. Atlas, No. 05-20856 (5th Cir. Aug. 28,
2006); Harper v. Beck, No. 04-20782 (5th Cir. Aug. 16, 2005);
Harper v. Citv of Houston, No. 04-20787 (5th Cir. June 21, 2005).
The United States Court for the Fifth Circuit has repeatedly

s a n c t i o n e d H a r p e r t o p r e v e n t him f r o m c o n t i n u i n g t o f i l e f r i v o l o u s
a p p e a l s although Harper does n o t appear t o be d e t e r r e d .
C i t v o f H o u s t o n , No. 07-20603.

Harper v .

The F i f t h C i r c u i t o r d e r e d H a r p e r t o

p a y $300 a n d b a r r e d him f r o m f i l i n g a n y p l e a d i n g i n t h a t c o u r t o r
i n any c o u r t s u b j e c t t o t h e F i f t h C i r c u i t ' s j u r i s d i c t i o n u n t i l he
has paid t h e sanction i n f u l l .

H a r p e r was a l s o w a r n e d t h a t h e

would b e s u b j e c t t o a d d i t i o n a l s a n c t i o n s i f h e c o n t i n u e s t o f i l e

I.
d

frivolous suits.

The d o c k e t r e c o r d f o r t h a t p r o c e e d i n g d o e s

n o t i n d i c a t e t h a t Harper h a s p a i d t h e s a n c t i o n .
H a r p e r i s n o t a u t h o r i z e d t o f i l e a n y new a c t i o n s .

I.
d

Therefore,

Harper h a s been

p r e v i o u s l y b a r r e d from f i l i n g a c t i o n s i n t h e S o u t h e r n District of
Texas u n t i l h e h a s p a i d a l l of

the f i l i n g fees incurred i n h i s

e a r l i e r cases and has obtained t h e c o u r t ' s permission.
City

View,

No.

H-02-4126

(S.D.

c o n d i t i o n s have a l s o n o t been met.

Tex.

Dec.

23,

Harper v .

2002).

These

Therefore, t h e current action

i s s u b j e c t t o d i s m i s s a l and a d d i t i o n a l s a n c t i o n s s h a l l b e ordered
t o prevent f u r t h e r abuse of t h e courts.
124, 125 ( 5 t h C i r .

Gabel v . Lvnaush, 835 F.2d

1988).

Conclusion
Accordingly,

t h e c o u r t ORDERS a s f o l l o w s :

(1)

T h i s c a u s e of a c t i o n , f i l e d by D a r r e l l J. Harper,
# 1 1 0 5 3 3 8 , i s DISMISSED WITH PREJUDICE b e c a u s e i t
was f i l e d i n v i o l a t i o n o f c o u r t o r d e r s .

(2)

Further,
Harper p e r s i s t s
in
abusing
judicial
r e s o u r c e s by f i l i n g f r i v o l o u s pleadings i n f l a g r a n t
disregard
for
prior
district
court
orders.
Plaintiff
Darrell
J.
Harper,
#1105338,
is

SANCTIONED in the amount of Three Hundred Dollars
($300.00). To ensure compliance with this Order,
the Travis County Jail Inmate Trust Fund Account
Office is directed to place a hold on the
plaintiff's
account, to withdraw funds from
plaintiff's account until the sanction amount has
been collected, and to forward the amount to this
court.

(3) Harper is further BARRED from filing any civil
rights suit in this district.
(4) THE CLERK IS ORDERED NOT TO ACCEPT FOR FILING ANY
PLEADINGS OR OPEN ANY MAIL FROM HARPER. ALL MAIL
SHALL BE RETURNED TO HARPER MARKED 'FRIVOLOUS
FILER, RETURN TO SENDER."
The Clerk will provide copies of this Memorandum Opinion and
Order to the parties; to the TDCJ - Office of the General Counsel,
P.

0.

Box

13084,

Capitol

Station,

Austin,

TX

78711,

Fax

No. 512-936-2159; the Travis County Jail Inmate Trust Fund, 3614
Bill Price Road, Del Valle, Texas 78617; and to the Clerk of the
United States District Court for the Eastern District of Texas,
Tyler Division, 211 West Ferguson, Tyler, Texas 75702, Attention:
Pro Se Law Clerk.
SIGNED at Houston, Texas, on this the 19th day of March, 2013.

SIM LAKE
UNITED STATES DISTRICT JUDGE