Judd v. State of Utah et al

Filing 2

MEMORANDUM DECISION denying 1 Motion for Leave to Proceed in forma pauperis. He is ORDERED to pay the entire $350 statutory filing fee within thirty days from the date of this order. Failure to do so will result in the dismissal of his complaint. Signed by Judge Robert J. Shelby on 4/24/2013. (rls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

KEITH RUSSELL JUDD,
Plaintiff,
Case No. 2:13-e\f.-213..-RJS

vs.

CE;: ; 1);:-?-:~7,_=~7--" , ___ ;\Jil

UTAH OFFICE OF LIEUTENANT GOVERNOR et al.,

District Judge Robert J. Shelby

Defendants.

Plaintiff, Keith Russell Judd, a federal inmate housed in Texas, filed a civil rights
complaint against defendants located in Utah and several defendants outside of Utah. As
discussed below, the Court concludes that Judd must pay the filing fee before this case can
proceed.
The in forma pauperis statute allows an indigent prisoner to file a complaint in federal
court without prepaying the filing fee.' But, it also restricts those who have repeatedly filed
complaints that are frivolous or fail to state a valid claim. In relevant part, the statute provides:
In no event shall a prisoner bring a civil action ... 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.'
"These fee provisions are intended 'to reduce frivolous prisoner litigation by making all prisoners
seeking to bring lawsuits or appeals feel the deterrent effect created by liability for filing fees."',

1

28 U.S.C.S. § 1915(a) (2013).

2

/d. § 1915 (g).

3

Cosby v. Meadors, 351 F. 3d 1324, 1327 (lOth Cir. 2003) (quoting In re Smith, 114 F.3d 1247, 1249 (D.C.Cir. 1997)).

The Court is aware that Judd has filed numerous complaints in the United States courts
that were dismissed as frivolous or failing to state a claim upon which relief may be granted.• As
observed by the Tenth Circuit, "a federal court may take notice of proceedings in other federal
courts when those proceedings are relevant to matters at issue.",
Section 1915(g) applies here because (1) Judd was a prisoner when he filed this
complaint; and (2) he has filed three or more prior cases in federal court that have been
dismissed as failing to state a claim or frivolous. The language of§ 1915(g) is mandatory. Thus,
a federal prisoner who falls within the three-strikes provision is required to prepay the entire
filing fee before his claims may proceed further.
ORDER
Judd is not eligible to proceed without prepaying the filing fee in this case because he has
filed three or more cases in federal court which have been dismissed as failing to state a claim or
frivolous. Therefore, Judd is DENIED leave to proceed without prepayment of fees. He is
ORDERED to pay the entire $350 statutory filing fee within thirty days from the date of this
order. Failure to do so will result in the dismissal ofhis complaint.

1:.f_ April, 2013.
BY THE COURT:

United

4
5

See Judd v. Obama, Civ. No. 5: 13-CV-40 (N. Dist. W.Va. Apr. 1, 2013) (report & recommendation).

See White v. Colorado, 157 F.3d 1226, 1232 (lOth Cir. 1998) (citing St. Louis Baptist Temple, Inc. v. FDIC, 605 F.2d
1169, 1172 (lOth Cir. 1979)).