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ELY v. U.S.

February 5, 1987

DAVID ELY, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Mills, District Judge:

OPINION AND ORDER

The torrent of litigation flowing from the plea of guilty in this case is utterly appalling!

Ely's guilty plea in September 1982 was to counts of distributing and conspiring to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1), 846, as well as to failure to appear in violation of 18 U.S.C. § 3150. United States v. Ely, No. 79-10041 (C.D. Ill. filed Oct. 12, 1979), aff'd, 719 F.2d 902 (7th Cir. 1983), cert. denied, 465 U.S. 1037, 104 S.Ct. 1313, 79 L.Ed.2d 710 (1984).

And what has followed is a gross and outrageous example of how one man can clog the wheels of justice in both this nation's trial and reviewing courts with predominantly frivolous lawsuits. Ely's cases have been up and down, right and left, vertically and horizontally into virtually every nook and cranny of the federal judicial system — save the court of last resort.

A quick recap reveals the following related actions:

  Ely v. Department of Justice, 610 F. Supp. 942
  (N.D.Ill. 1985), aff'd, 792 F.2d 142 (7th Cir. 1986);
  Ely v. More Than 20 FBI Agents and A Swat Team,
  792 F.2d 142 (7th Cir. 1986);

Ely v. Radke, 789 F.2d 920 (7th Cir. 1986);

Ely v. United States, 789 F.2d 919 (7th Cir. 1986);

  Ely v. Federal Bureau of Investigation, 781 F.2d 1487
   (11th Cir. 1986);
  Ely v. United States Postal Service, 753 F.2d 163
  (D.C.Cir. 1985);
  Ely v. United States Bureau of Prisons, 732 F.2d 160
  (8th Cir. 1984);
  Ely v. Criminal Division of Dept. of Justice,
  588 F. Supp. 628 (D.D.C. 1984);
  Ely v. Internal Revenue Service, 54 A.F.T.R.2d 5495
  (W.D.Wis. 1984);
  Ely v. Federal Bureau of Investigation, No. 84-3035
  (C.D.Ill. filed Dec. 14, 1983);
  Ely v. Purdon, No. 83-3350 (C.D.Ill. filed Dec. 14,
  1983).

Of course, these decisions only begin to scrape the surface. To determine all the suits Ely has filed in the courts of the United States would be a monumental task. Indeed, Ely himself has probably lost track.

Nevertheless, he persists. Ely is again back in federal court. Returning to his roots, Ely now moves this tribunal pursuant to 28 U.S.C. ยง 2255 to set aside his sentence upon a guilty plea in the prosecution which gave rise to his polemical attitude. Ely, however, is entitled to no relief. As required by Rule 4(b) of the Rules Governing Section 2255 Proceedings, the Court has examined the motion, together with the records and transcripts relating to the judgment under ...


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