Opinion
CIVIL ACTION NO. 6:16cv1364
04-26-2018
DARRELL J. HARPER v. SHARON KELLER, 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 lawsuit complaining of alleged violations of his constitutional rights. This Court referred the case 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.
After review of the pleadings, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed as frivolous and because Harper has been barred from filing pleadings as a result of sanctions previously imposed upon him by the Fifth Circuit Court of Appeals.
A copy of the Magistrate Judge's Report was sent to Harper at his last known address, return receipt requested, but no objections have been received; accordingly, he is barred from de novo review by the District Judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).
The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243 (1989) (where no objections to a Magistrate Judge's Report are filed, the standard of review is "clearly erroneous, abuse of discretion and contrary to law."). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 4) is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled lawsuit is DISMISSED WITH PREJUDICE as frivolous and as barred by the sanctions imposed by the Fifth Circuit Court of Appeals. It is further
ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.
So Ordered and Signed
Apr 26, 2018
/s/_________
Ron Clark, United States District Judge