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"WHEELING - A lawsuit claiming U.S. President Barack Obama was born a citizen of Kenya has been dismissed from federal court because of the plaintiff's history of filing frivolous claims.<br /><br />The West Virginia State Democratic Party was also named as a defendant in the suit filed by Keith Russell Judd, an inmate in a Texas federal prison.<br /><br />On the day the complaint was filed, the clerk of the court sent the plaintiff a notice of deficient pleading, indicating that forms would be necessary, along with the court's form motion, to proceed <em>in forma pauperis</em>, which would allow the plaintiff to avoid paying costs and fees.<br /><br />\"However, because Judd is not entitled to proceed <em>in forma pauperis</em>... there is no need to wait receipt for those form,\" according to a report and recommendation filed on April 1 for U.S. Magistrate Judge James E. Seibert.<br /><br />The plaintiff has had at least three non-habeas civil actions or appeals previously dismissed as frivolous or for failing to state a claim upon which relief may be granted, Seibert's report and recommendations says.<br /><br />The civil actions filed by the plaintiff in the past were dismissed on the grounds that they were frivolous, malicious or failed to state a claim upon which relief may be granted.<br /><br />\"Therefore, based on the strikes the petitioner has accumulated, he may not file another complaint without prepayment of fees unless he is in 'imminent danger of serious physical injury,'\" Seibert wrote.<br /><br />\"Plaintiff is seeking to have himself replaced as president. Clearly then, he makes no allegations that he is under imminent danger of serious physical injury.\"<br /><br />Seibert recommended that the plaintiff's complaint be dismissed without prejudice.<br /><br />On Oct. 21, a memorandum opinion and order affirming and adopting the report and recommendation of Seibert was filed in the U.S. District Court for the Northern District of West Virginia at Wheeling.<br /><br />In the memorandum opinion and order, U.S. District Judge Frederick P. Stamp Jr. stated that the court has&nbsp;reviewed the record in this case, as well as Seibert's report and recommendation. The report and recommendation was affirmed and adopted in its entirety.<br /><br />Keith Russell Judd, who is an inmate in the Federal Correction Institution in Texarkana, Texas, claimed that Obama's long form birth certificate shows his father was a blood-born citizen of Kenya and under the law of Kenya, Obama was born a citizen of Kenya because his father was a citizen of Kenya by birth, according to a complaint filed March 15 in the U.S. District Court for the Northern District of West Virginia at Wheeling.<br /><br />Judd claimed the Kenya Citizenship and Immigration Act of 2011 states that a person born outside Kenya shall be a citizen by birth if on the date of birth that person's father was or is a citizen by birth.<br /><br />\"There is no doubt that Barack Obama was born a citizen of Kenya, East Africa, under <em>jus sanguinis</em>, where citizenship is determined by the fact that his father was a citizen of Kenya, East Africa, by birth, regardless of where Barack Obama was born,\" the complaint states.<br /><br />Judd was seeking Obama to be removed as president and for Judd to replace him as president. He was representing himself.<br /><br />U.S. District Court for the Northern District of West Virginia at Wheeling case number: 5:13-cv-00040"^^<http://www.w3.org/2001/XMLSchema#string>
<http://wvrecord.com/stories/510606170-judge-dismisses-lawsuit-filed-by-texas-federal-prison-inmate-claiming-obama-is-kenyan>