Phillip Perkins v. Donald Cabana, Superintendent of M.D.O.C. And Governor of State of Mississippi, Morris Thigpen, Commissioner

State prisoner Phillip Perkins filed this pro se class action under 42 U.S.C. § 1983 challenging the constitutionality of the Mississippi habitual offender statutes. Upon the recommendation of a magistrate, the district judge dismissed his suit for failure to state a claim upon which relief can be granted. We affirm.

Mississippi Code Ann. § 99-19-81 became effective on January 1, 1977. It provides as follows:

Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate…