4:25-cv-06380•Harper v. Hidalgo et al
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Mamie L. Harper, Plaintiff, v. Lina Hidalgo, et al., Defendants. § § § § § § § § § § Civil Action No. 4:25-cv-06380 MEMORANDUM AND RECOMMENDATION This suit was filed on December 29, 2025, on behalf of Plaintiff Mamie L. Harper. Dkt. 1. But the complaint reflects that Plaintiff is deceased. See Dkt. 1 at 8 (death certificate). Instead, the complaint was filed and signed by Darrell J. Harper, see Dkt. 1 at 5, who also filed an application to proceed in forma pauperis, Dkt. 2. There are two fatal problems here. First, Mr. Harper is not a licensed attorney. He cannot represent the decedent. See Mendoza v. Select Portfolio Servicing, Inc., 2017 WL 4280778, at *3 (S.D. Tex. Sept. 27, 2017) (dismissing a decedent’s claim because “Mendoza—proceeding pro se—has no authority to represent other people, including Decedent, because she is not a licensed attorney”). Second, because Mr. Harper has filed hundreds of frivolous lawsuits, this Court entered the attached order barring him from filing new civil suits United States District Court Southern District of Texas ENTERED March 09, 2026 Nathan Ochsner, Clerk Case 4:25-cv-06380 Document 7 Filed 03/09/26 in TXSD Page 1 of 4
2 without prior permission. Preclusion Order, Harper v. Texas, No. 4:17-mc- 02551, Dkt. 1 (S.D. Tex. Sept. 29, 2017). Indeed, his latest pleading is equally frivolous, as it asserts that the collection of property taxes by Harris County officials amounts to “THEFT,” “RAPE,” violates the First, Fifth, Eight, Thirteen Fourteenth, and Fifteenth Amendments, the Homestead Act, the Americans with Disabilities Act, the Federal Tort Claims Act, and 18 U.S.C. §§ 241 and 242, and maintains that Defendants owe “One Billion Dollars in Treble Damages for violating the plaintiff’s spirit, violating the ‘Spirit’ of the State of Texas, and violating the ‘Spirit’ of the United States Constitution.” See Dkt. 1 at 3-5. Regardless, Mr. Harper failed to obtain the necessary permission before filing this latest suit. He cannot use the decedent’s name as a front for circumventing the Preclusion Order. It is therefore RECOMMENDED that Mr. Harper’s filings be STRICKEN, and this case be DISMISSED for violating the Preclusion Order. It is further RECOMMENDED that Mr. Harper’s application to proceed in forma pauperis (Dkt. 2) should be DENIED as moot. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for Case 4:25-cv-06380 Document 7 Filed 03/09/26 in TXSD Page 2 of 4
Case 4:25-cv-06380 Document 7 Filed 03/09/26 in TXSD Page 3 of 4
United States District Court Southern District of Texas ENTERED September 29, 2017 David J. Bradley, Clerk United States District Court Southern District of Texas ENTERED September 29, 2017 David J. Bradley, Clerk Case 4:17-mc-02551 Document 1 Filed 09/28/17 in TXSD Page 1 of 1 Case 4:25-cv-06380 Document 7 Filed 03/09/26 in TXSD Page 4 of 4
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Case 4:25-cv-06380 Document7 Filed 03/09/26in TXSD Pagelof4 United States District Court Southem District of Texas ENTERED March 09, 2026 Nathan Ochsner, Clerk IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION § Mamie L. Harper, § § Plaintiff, § § Civil Action No. 4:25-cv-06380 v. § § Lina Hidalgo, et al., § § Defendants. § MEMORANDUM AND RECOMMENDATION This suit was filed on December 29, 2025, on behalf of Plaintiff Mamie L. Harper. Dkt. 1. But the complaint reflects that Plaintiff is deceased. See Dkt. 1 at 8 (death certificate). Instead, the complaint was filed and signed by Darrell J. Harper, see Dkt. 1 at 5, who also filed an application to proceed in forma pauperis, Dkt. 2. There are two fatal problems here. First, Mr. Harper is not a licensed attorney. He cannot represent the decedent. See Mendoza v. Select Portfolio Servicing, Inc., 2017 WL 4280778, at *38 (S.D. Tex. Sept. 27, 2017) (dismissing a decedent’s claim because “Mendoza—proceeding pro se—has no authority to represent other people, including Decedent, because she is not a licensed attorney”). Second, because Mr. Harper has filed hundreds of frivolous lawsuits, this Court entered the attached order barring him from filing new civil suits 2 without prior permission. Preclusion Order, Harper v. Texas, No. 4:17-mc- 02551, Dkt. 1 (S.D. Tex. Sept. 29, 2017). Indeed, his latest pleading is equally frivolous, as it asserts that the collection of property taxes by Harris County officials amounts to “THEFT,” “RAPE,” violates the First, Fifth, Eight, Thirteen Fourteenth, and Fifteenth Amendments, the Homestead Act, the Americans with Disabilities Act, the Federal Tort Claims Act, and 18 U.S.C. §§ 241 and 242, and maintains that Defendants owe “One Billion Dollars in Treble Damages for violating the plaintiff’s spirit, violating the ‘Spirit’ of the State of Texas, and violating the ‘Spirit’ of the United States Constitution.” See Dkt. 1 at 3-5. Regardless, Mr. Harper failed to obtain the necessary permission before filing this latest suit. He cannot use the decedent’s name as a front for circumventing the Preclusion Order. It is therefore RECOMMENDED that Mr. Harper’s filings be STRICKEN, and this case be DISMISSED for violating the Preclusion Order. It is further RECOMMENDED that Mr. Harper’s application to proceed in forma pauperis (Dkt. 2) should be DENIED as moot. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for Case 4:25-cv-06380 Document 7 Filed 03/09/26 in TXSD Page 2 of 4 Case 4:25-cv-06380 Document7 Filed 03/09/26in TXSD Page 3of4 plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on March 9, 2026, at Houston, Texas. ome Ae Yvofarte Y. Ho % United States Magistrate Judge United States District Court Southern District of Texas ENTERED September 29, 2017 David J. Bradley, Clerk United States District Court Southern District of Texas ENTERED September 29, 2017 David J. Bradley, Clerk Case 4:17-mc-02551 Document 1 Filed 09/28/17 in TXSD Page 1 of 1 Case 4:25-cv-06380 Document 7 Filed 03/09/26 in TXSD Page 4 of 4
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