The opinion of the court was delivered by: Mills, District Judge:
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. More Than 20 FBI Agents and A Swat Team,
792 F.2d 142 (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
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
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,
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. § 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 ...