Opinion
CIVIL ACTION NO. 6:16cv1074
06-23-2017
DARRELL J. HARPER #1957729 v. GARY BAKE, ET AL.
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. As Defendants, Harper names TDCJ officials Gary Bake, Keith Gorsuch, Kevin Smith, V.A. McMillian, and Thomas Mahler.
Harper claimed that the Defendants were accepting bribes to mishandle grievances and subjecting him to discrimination in the workplace. He asserted that "penal codes rule of law" volate his constitutional rights because civil rights violations are not actionable in state court.
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 the sanctions imposed by the Fifth Circuit are indisputably meritless because they "accept racism as lawful." Harper's objections are patently without merit.
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. 5) 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 this 23 day of June, 2017.
/s/_________
Ron Clark, United States District Judge