Opinion

Kelly

Court
District Court, M.D. Alabama
Filed
Jul 2, 2026
Cited by
0 cases

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

GREGORY KELLY and ANNETTE )

B. KELLY, )

)

Plaintiffs, )

) CIVIL ACTION NO.

v. ) 2:25cv909-MHT

) (WO)

THE WATER WORKS & SANITARY )

SEWER BOARD OF THE CITY OF )

MONTGOMERY d/b/a Water )

Work Board (WWB), et al., )

)

Defendants. )

OPINION

Plaintiffs Gregory Kelly and Annette Kelly,

proceeding pro se, filed this 67-page, 58-count lawsuit

attempting to assert a wide variety of claims related

to water quality and water-usage rates against several

state agencies, a city water board and its chairman and

manager, a county commission, a mayor’s office, and a

corporation that provides water metering. Gregory

Kelly has been declared a vexatious litigant by this

court due to his repeated filing of shotgun and

frivolous complaints; as a result, the chief judge of

this court has ordered that any shotgun or facially

frivolous complaints filed by him and any person acting

in concert with him are subject to summary dismissal

after appropriate review. See Kelly v. Montgomery

Water Works & Sanitary Sewer Bd., No. 2:24cv348-RAH,

2025 WL 1461271, at *1 (M.D. Ala. May 21, 2025); Kelly

v. Alabama State Port Auth., No. 2:25cv825-RAH, 2025 WL

3633214, at *2 (M.D. Ala. Dec. 15, 2025).

This lawsuit is now before the court on the

recommendation of the United States Magistrate Judge

that plaintiffs’ case be dismissed without prejudice

because their complaint is a shotgun pleading and fails

to meet federal pleading standards, and that they not

be granted leave to amend. Also before the court are

plaintiff’s objections to the recommendation. After an

independent and de novo review of the record, the court

concludes that plaintiff’s objections should be

overruled and the magistrate judge’s recommendation

adopted. The court further notes that plaintiffs’

2

pending motion to add documents to plaintiffs’ exhibit

list, if granted, would not change the outcome, and the

court will deny it as moot.

An appropriate judgment will be entered.

DONE, this the 2nd day of July, 2026.

/s/ Myron H. Thompson

UNITED STATES DISTRICT JUDGE

3

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