* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-41035

Conference Calendar

KEITH RUSSELL JUDD

Petitioner-Appellant

v.

JOHN B FOX, Warden

Respondent-Appellee

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:07-CV-491

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Keith Russell Judd, federal prisoner # 11593-051, was convicted of mailing

threatening communications with the intent to extort money or something of

value, and he was sentenced to serve 210 months in prison. Judd filed a 28

U.S.C. § 2241 habeas corpus petition to challenge his conviction, and he now

appeals the district court’s dismissal of his § 2241 petition. Judd argues that he

was actually innocent of the offense because he was insane at the time of the

offense.

United States Court of Appeals

Fifth Circuit

F I L E D

August 19, 2008

Charles R. Fulbruge III

Clerk
No. 07-41035

2

Judd has not shown that the district court erred by concluding that his

claim, which arises from events that occurred prior to sentencing, was not

cognizable in a § 2241 proceeding. See Cox v. Warden, Fed. Detention Ctr., 911

F.2d 1111, 1113 (5th Cir. 1990). Judd has not shown that he should be

permitted to proceed under the savings clause of § 2255(e), as he has not shown

that his Speedy Trial claim is based on a retroactively applicable case or that he

was convicted of a nonexistent offense. See Reyes-Requena v. United States, 243

F.3d 893, 904 (5th Cir. 2001). 

The appeal is without arguable merit, see Howard v. King, 707 F.2d 215,

219-20 (5th Cir. 1983), and is dismissed as frivolous. See 5TH CIR. R. 42.2. In

addition, Judd has a history of vexatious and frivolous litigation in this court

and many other courts. We have issued repeated warnings to Judd, and we have

sanctioned him for prior frivolous actions. These earlier warnings and sanctions

have been insufficient to deter him from continuing to file frivolous challenges

to his conviction. 

Accordingly, Judd is ORDERED to pay a sanction in the amount of $500

to the Clerk of this Court; and he is BARRED from filing in this court or in any

court subject to this court’s jurisdiction, any challenge to his conviction or

sentence until all sanctions in all his actions are paid in full, unless he first

obtains leave of the court in which he seeks to file such challenge. Even after

satisfaction of all sanction orders, Judd may not file any civil action in a district

court of this circuit, or any pleading or notice of appeal with this court, without

first obtaining leave of the court in which he seeks to file such action, pleading,

or notice. When seeking leave of court, Judd must certify that the claim he

wishes to present is a new one that has never before either been raised and

disposed of on the merits or remains pending, in any federal court. Upon failure

thus to certify or upon false certification, Judd may be found in contempt of court

and punished accordingly. Judd is CAUTIONED that filing any frivolous or

repetitive action or challenge to his conviction or sentence, in this court or any
No. 07-41035

3

court subject to this court’s jurisdiction, will subject him to additional and

progressively more severe sanctions.

ALL OUTSTANDING MOTIONS DENIED; APPEAL DISMISSED;

SANCTION IMPOSED; SANCTION WARNING ISSUED.