A federal court has tossed a lawsuit filed by a candidate for the Wisconsin state Assembly who wants to use a racially charged phrase to describe herself on the ballot.

U.S. District Judge Rudolph Randa says in the Wednesday order that Ieshuh (eye-EE'-shu) Griffin's lawsuit must be dismissed because it is a habeas corpus action, which requires the person bringing it to be in custody.

Randa did not discuss the merits of the lawsuit. Griffin is fighting a decision by the state board that regulates elections barring her from using the phrase "NOT the 'whiteman's b----'" to describe herself on the ballot.

Griffin tells The Associated Press she intends to refile the lawsuit as a civil rights action as well as appeal the judge's order on her original lawsuit.