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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

AKEEM MUHAMMAD,

Plaintiff,

v. CASE NO. 4:97-cv-00383-MP

TONI BOWDEN, J C GREENE, WALLACE HENDERSON, P J MECUSKER, HARRY K

SINGLETARY, STORR,

Defendants.

_____________________________/

O R D E R

This matter is before the Court on Doc. 44, Motion for Relief from Judgment by Akeem

Muhammad. Plaintiff requests relief from judgment pursuant to Rule 60(b)(5) or (6) to reflect

that the complaint is dismissed with prejudice as moot. On March 26, 1998, the Court dismissed

with prejudice plaintiff’s amended complaint, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for

failure to state a claim on which relief may be granted. The Court concluded that the plaintiff

did not have a constitutionally protected liberty interest in obtaining notary services in a certain

name, and cannot show that he was in any way denied access to the courts. On August 10, 1999,

the Eleventh Circuit affirmed the Court’s order and in an unpublished opinion stated that the

Court “correctly dismissed Muhammad’s amended complaint for failure to state a claim under

U.S.C. § 1915 because Muhammad has not demonstrated that he has been hindered in his access

to the courts.” Doc. 41 at 5.

 Pursuant to Federal Rule of Civil Procedure 60(b), “the court may relieve a party . . .

from a final judgment, order, or proceeding . . .” if “(5) the judgment has been satisfied, released,

or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it

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prospectively is no longer equitable; or (6) any other reason that justifies relief.” Fed. R. Civ. P.

60(b). However, “[a] motion under Rule 60(b) must be made within a reasonable time . . . .” 

Fed. R. Civ. P. 60(c).

Plaintiff directs the Court’s attention to the Eleventh Circuit’s opinion in Hakim v. Hicks,

which held that prisoners have a constitutional right to receive notary services under their legally

changed religious names by means of the prisons dual-name policy. 223 F. 3d. 1244, 1245-46

(11th Cir. 2000). Plaintiff contends that Hakim v. Hicks, “effectively overruled and invalidated

this Court’s dismissal of plaintiff’s complaint.” Plaintiff acknowledges that his complaint is

moot since the defendant now recognizes his religious name. However, as a prisoner, the

Court’s dismissal of his complaint under 28 U.S.C. § 1915 counts as a strike, and three strikes

bar him from accessing the courts in forma pauperis. As such, plaintiff moves the Court for

relief from judgment pursuant to Rule 60(b)(5) or (6).

Plaintiff’s Rule 60(b) motion has not been made within a reasonable time. Plaintiff’s

requested relief is based on an Eleventh Circuit opinion from eleven years ago. That opinion

was issued less than one year after the Eleventh Circuit affirmed this Court’s order dismissing

plaintiff’s complaint. Plaintiff fails to provide any reason for the lengthy delay in requesting

relief from judgment.

Furthermore, Hakim v. Hicks, only applies to prisoners who have legally changed their

names. While plaintiff asserts that Akeem Muhammad is his legal name, he has offered no

evidence that it has been legally changed. In fact, the Magistrate Judge’s report and

recommendation took “judicial notice of the fact that in his first complaint, Plaintiff said he had

previously informed Defendant Storr ‘that Akeem Muhammad was his true or legal name but

that he did not change his name from Richard Rinaldo to Akeem Muhammad.’” Doc. 16 at 2. 

Case No: 4:97-cv-00383-MP

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Thus, it is unclear whether plaintiff has legally changed his name to Akeem Muhammad. 

Accordingly, it is hereby

ORDERED AND ADJUDGED:

1. Plaintiff’s motion for relief from judgment, Doc. 44, is DENIED.

DONE AND ORDERED this 27th day of July, 2011

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case No: 4:97-cv-00383-MP

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