Judd v. United States Court of Appeals

Filing 2

MEMORANDUM OPINION entered and signed by Judge Thad Heartfield on 4/3/08. (pkb, )

Judd v. United States Court of Appeals

Doc. 2

Case 1:08-cv-00170-TH-ESH

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Filed 04/04/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION KEITH RUSSELL JUDD VS. § § CIVIL ACTION NO. 1:08cv170

UNITED STATES COURT OF APPEALS § FOR THE FIFTH CIRCUIT MEMORANDUM OPINION Plaintiff Keith Russell Judd, an inmate confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brings this action against the United States Court of Appeals for the Fifth Circuit. Discussion Plaintiff complains that he has been denied judicial services by the Fifth Circuit Court of Appeals for which he paid $455. Plaintiff seeks $455 in damages plus his pro se litigation

expenses. Plaintiff did not pay the filing fee when filing this action. Analysis Title 28 U.S.C. § 1915(g) prohibits prisoners from repeatedly filing frivolous or malicious complaints. 1915(g) provides as follows: In no event shall a prisoner bring a civil action or appeal a judgment in a civil action [in forma pauperis] . . . 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 Section

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Case 1:08-cv-00170-TH-ESH

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Filed 04/04/2008

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may be granted, unless the prisoner is under imminent danger of serious physical injury. At least three of plaintiff's prior suits or appeals have been dismissed as frivolous or for failure to state a claim.1 result, Section 1915(g) is applicable. As set forth above, plaintiff has had at least three prior lawsuits or appeals dismissed as frivolous, malicious, and for failure to state a claim upon which relief may be granted. The As a

allegations set forth in plaintiff's complaint do not demonstrate that he was in "imminent danger of serious physical injury." Section 1915(g) therefore bars plaintiff from proceeding with this lawsuit on an in forma pauperis basis. Conclusion For the reasons set forth above, this action will be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g). An appropriate final judgment shall be entered in accordance with this Memorandum Opinion. SIGNED this the 3 day of April, 2008.

____________________________ Thad Heartfield United States District Judge

See Judd v. University of New Mexico, Appeal No. 97-50242 (5th Cir. D e c . 9, 1997) (appeal dismissed as frivolous); Judd v. U.S. District Court, A p p e a l No. 98-51119 (5th Cir. Apr. 16, 1999) (appeal dismissed as frivolous); J u d d v. U.S. District Court, Appeal No. 98-51155 (5th Cir. Apr. 16, 1999) ( a p p e a l dismissed as frivolous); and Judd v. U.S.A., No. 7:00cv188 (W.D. Va. M a r . 9, 2000) (dismissed as frivolous).

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