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United States v. Krivi

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 19, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JUSTIN KRIVI, A/K/A JUSTIN WHEELER, DEFENDANT.

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

MEMORANDUM AND ORDER

Justin Krivi is Justin Wheeler; he is the same person (see, e.g., Doc. 163 at ¶¶ 55, 59; Doc. 169). Nonetheless, Krivi, as "Justin Wheeler," has filed 10 documents contesting the Government's motion for an order finding no third-party interests -- 7 of which are motions asking for outlandish relief. All of Krivi's motions -- specifically, for return of property (Doc. 174); for proof of claim (Doc. 178); for copies (Docs. 179, 185, 186); for default (Doc. 182); and for discharge of indictment and superseding indictment (Doc. 184) -- are DENIED. Because such frivolous filings are an abuse of judicial resources, the Clerk of Court is DIRECTED to return unfiled any additional papers submitted by Justin Krivi, a/k/a Justin Wheeler, with two exceptions: any notice of appeal or motion for relief under 28 U.S.C. § 2255 shall be accepted and filed.

Because Justin Wheeler is Justin Krivi, he cannot file a third-party claim in this criminal forfeiture proceeding. See 21 U.S.C. § 853(n)(2). Accordingly, the Government's motion for a finding of no third-party interests (Doc. 173) is GRANTED; the Court will issue separately a Final Order of Forfeiture.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20100519

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