Harper v. United States of America, No. 6:2014cv00904 - Document 6 (E.D. Tex. 2015)
Court Description: MEMORANDUM AND OPINION, and ORDER ADOPTING 3 Report and Recommendations of the United States Magistrate Judge. ORDERED that the civil action is DISMISSED WITH PREJUDICE as frivolous and as barred by the sanctions imposed by the Fifth Circuit Court of Appeals. Signed by Judge Michael H. Schneider on 2/13/2015. (gsg)
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Harper v. United States of America Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DARRELL HARPER § v. § UNITED STATES OF AMERICA § CIVIL ACTION NO. 6:14cv904 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. The sole named defendant is the United States of America. After review of the pleadings, the magistrate judge issued a report recommending that the lawsuit be dismissed because the United States has absolute immunity from suit and Harper has failed to satisfy multiple sanctions imposed on him by the Fifth Circuit Court of Appeals. Harper filed objections to the report arguing that the United States “forfeited” its sovereign immunity by allowing the State of Texas to violate his rights. The Court has conducted a careful de novo review of those portions of the magistrate judge’s proposed findings and recommendations to which objections were filed. 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 1 Dockets.Justia.com . 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 frivolous and as barred by the sanctions imposed by the Fifth Circuit Court of Appeals. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. SIGNED this 13th day of February, 2015. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2
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