Walker v. Barbour et al

Filing 49

FINAL JUDGMENT: Pursuant to the opinion and order issued this day, it is hereby, that the plaintiff's claim that the Mississippi marriage statute is unconstitutional because it prohibits same sex marriages is duplicative of a previously filed civil action and will be dismissed with prejudice as malicious, as set out in this judgment Signed by District Judge Tom S. Lee on 3/12/09 (SEC)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION DEMARIO WALKER, #L1625 VERSUS HALEY BARBOUR, JIM HOOD UNITED STATES OF AMERICA, and UNITED STATES ATTORNEY GENERAL PLAINTIFF CIVIL ACTION NO. 3:08cv96-TSL-JCS

DEFENDANTS

FINAL JUDGMENT This cause is before the court, sua sponte, for consideration of dismissal. Pursuant to the opinion and order

issued this day, it is hereby, ORDERED AND ADJUDGED the plaintiff's claim that the Mississippi marriage statute is unconstitutional because it prohibits same sex marriages is duplicative of a previously filed civil action and will be dismissed with prejudice as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). The plaintiff's claims relating to the DOMA,

Title 10 U.S.C. § 654 also known as the policy of "Don't Ask Don't Tell", and Barring Persons Who Are Convicted of Felonies from Military Service as being unconstitutional will be dismissed with prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). SO ORDERED AND ADJUDGED, this the 2009. 12th day of March,

/s/Tom S. Lee UNITED STATES DISTRICT JUDGE