Judd v. Secretary of State of Louisiana et al
Filing
16
MEMORANDUM ORDER denying 15 Motion to Exempt. Signed by Chief Judge Robert G James on 6/27/12. (crt,DickersonSld, D)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
KEITH RUSSELL JUDD
(SANCTIONED/BARRED)
CIVIL ACTION NO. 11-0870
VERSUS
JUDGE ROBERT G. JAMES
SECRETARY STATE OF LOUISIANA,
ET AL.
MAG. JUDGE KAREN L. HAYES
MEMORANDUM ORDER
Pending before the Court is a “Motion to Exempt Plaintiff from PLRA as not a Prisoner; 28
U.S.C. § 1915(h)” (“Motion to Exempt”) [Doc. No. 15] filed by pro se Plaintiff Keith Russell Judd
(“Judd”). Judd is a frequent filer in this and other courts. He contends that he should be exempted
from paying a filing fee in this Court because he is not a prisoner as defined by the Prison Litigation
Reform Act (“PLRA”), 28 U.S.C. § 1915, since he was never “convicted, accused or prosecuted.”
Section 1915(g) provides:
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action
or proceeding under this section if the prisoner has, on 3 or more prior occasions,
while incarcerated or detained in any facility, brought an action or appeal in a court
of the United States that was dismissed on the grounds that it is frivolous, malicious,
or fails to state a claim upon which relief may be granted, unless the prisoner is under
imminent danger of serious physical injury.
There is no question that Judd is a prisoner who is currently incarcerated at the Federal
Correctional Institute at Texarkana, Texas. There is also no question that Judd has had three or more
actions dismissed as frivolous, malicious, or for failing to state a claim upon which relief can be
granted. See [Doc. No. 3]. However, Judd argues that his underlying criminal case, United States
v. Judd, No. 7-98-CR-093 (W.D. Tex. 1999), was stayed pursuant to March 17 and 23, 1999 orders,
the United States Court of Appeal for the Fifth Circuit affirmed the stay, and the stay was never
vacated. Judd further contends that he is not imprisoned based on an “original Commitment Order
or endorsed return on file.” [Doc. No. 16].
The record in Judd’s criminal case shows otherwise. Judd was committed to the custody of
the United States Bureau of Prisons pursuant to a Judgment filed on September 29, 1999. Judd, No.
7-98-CR-093 [Doc. No. 450]. That Judgment, a copy of which is attached and filed under seal,
provided that Judd serve a term of 210 months imprisonment on Counts 1 and 2, to run concurrently.
Judd continues to serve the sentence imposed. Accordingly,
IT IS ORDERED that Judd’s Motion to Exempt [Doc. No. 15] is DENIED. Judd is subject
to the provisions of the PLRA, and, even if he were determined to be indigent,1 he is not entitled to
file civil actions in this or any other federal court without paying the filing fee unless he is in
imminent danger of serious physical injury.
MONROE, LOUISIANA, this 27th day of June, 2012.
1
Judd has not been determined to be indigent.
2
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