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Thursday, September 04, 2014

Ind. Decisions - 7th Circuit decides one Indiana case today

In Neal v. LaRiva (SD Ind., Magnus-Stinson), a 6-page opinion, Chief Judge Wood concludes:

Neal obviously did not get the message we intended to send through the Mack order. This suggests that a monetary fine alone for his perjury is not likely to deter him from fu-ture abuse, although perhaps such a fine might send some incremental message. We therefore have decided to take three steps, for the purpose of deterring Neal from future abuse of the habeas corpus process, punishing him for his actions, and protecting the integrity of the court.

First, we are imposing an additional fine of $500 on Neal. Until he pays all outstanding fees and sanctions, clerks of all federal courts within this circuit must return unfiled any pa-pers he submits in any habeas corpus action unless the peti-tion attacks a state-court criminal judgment. See Montgomery v. Davis, 362 F.3d 956, 957–58 (7th Cir. 2004). As in Montgom-ery, the filing bar imposed by this order applies to any post-judgment motions Neal might try to file in any existing case. After two years, Neal may seek modification or rescission of this order.

Second, we order Neal to show cause within 14 days of this opinion why we should not sanction him under Federal Rule of Appellate Procedure 38 for filing a frivolous appeal.

Third, we order the Clerk of this court to send copies of this opinion and the case file to the United States Attorney for the Southern District of Indiana, so that he may consider the question whether Neal should be prosecuted for the crime of perjury, 18 U.S.C. § 1621, or any other offense that he deems appropriate.

The judgment of the district court is AFFIRMED.

Posted by Marcia Oddi on September 4, 2014 01:16 PM
Posted to Ind. (7th Cir.) Decisions