Judd v. Secretary of State of Alabama et al (MAG+)
OPINION. Signed by Honorable Judge Myron H. Thompson on 12/7/2011. (jg, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
KEITH RUSSELL JUDD,
SECRETARY OF STATE OF
ALABAMA; and STATE OF
CIVIL ACTION NO.
Pursuant to 42 U.S.C. § 1983, plaintiff filed this
lawsuit seeking a declaratory judgment and preliminary
injunction to place his name on the ballot for the 2012
Constitution and various federal voting-rights statutes.
This lawsuit is now before the court on the recommendation
and order of the United States Magistrate Judge that
plaintiff’s case be dismissed.
Also before the court are
plaintiff’s objections to the recommendation and order.
After an independent and de novo review of the record, the
court concludes that plaintiff’s objections should be
The court adds these comments: Plaintiff’s complaint
because of his history of frivolous litigation and his
failure to pay the civil action filing fee at the time he
filed this lawsuit.
Plaintiff contends that the “three
strikes” provision of the Prison Litigation Reform Act
(PLRA) is unconstitutional, in that it violates his right
of access to the courts, his due process and trial by jury
reserved to the judiciary in enacting it.
constitutional challenges based on right of access to
courts, separation of powers, due process, and equal
Rivera v. Allin, 144 F.3d 719, 732 (11th Cir.
1998), abrogated on other grounds Jones v. Bock, 549 U.S.
Plaintiff further contends that the PLRA applies to
only prison-conditions cases. Section 1915(g) does not, by
its terms, limit its applicability to prison-conditions
proceeding in forma pauperis in “a civil action” unless
the prisoner is under imminent danger of serious physical
Plaintiff also argues that he is not a “prisoner” as
defined in 28 U.S.C. § 1915(h), since he has not been
This contention is false.
The Fifth Circuit
affirmed his 1999 conviction (Case No. 98cr93, W.D. Tex.)
Even if the contention were true, § 1915(h)
objections are without merit.
An appropriate judgment will be entered.
DONE, this the 7th day of December, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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