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Minneman v. United States

United States District Court, C.D. Illinois, Peoria Division

May 4, 2017

JOSEPH C. MINNEMAN, Petitioner,
v.
UNITED STATES OF AMERICA Respondent.

          ORDER & OPINION

          JOE BILLY McDADE United States Senior District Judge.

         This matter comes before the Court on Petitioner Joseph C. Minneman's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. For the reasons explained below, Petitioner's Petition (Doc. 1) is denied. Petitioner is restricted from filing future pleadings pertaining to his 1997 conviction.

         Background

         On January 28, 1997, Petitioner, a former attorney, was convicted of conspiracy to defraud the United States in violation of 18 U.S.C. § 371. United States v. Minneman, No. 96-cr-10010 (C.D. Ill. Jan. 28, 1997). On June 23, 1997, Judge Mihm sentenced Petitioner to thirty months of imprisonment followed by three years of supervised release. Id.

         Since then, Petitioner has repeatedly attempted to overturn his conviction. The Court has found the following attempts within the Central District of Illinois:

Minneman v. United States, No. 98-1170 (C.D. Ill. Jun. 4, 1998) (motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255);
Minneman v. United States, No. 02-1298 (C.D. Ill. Sept. 9, 2002) (petition of habeas corpus pursuant to 28 U.S.C. § 2241);
United States v. Minneman, No. 96-10010 (C.D. Ill.Dec. 23, 2008) (motion to vacate and set aside the criminal judgment);
United States v. Minneman, No. 96-10010 (C.D. Ill. Apr. 13, 2011) (motion to set aside his conviction);
United States v. Minneman, No. 96-10010 (C.D. Ill. July 1, 2011) (motion to reconsider the denial of his motion to set aside his conviction);
Minneman v. United States, No. 12-1370 (C.D. Ill. Sept. 20, 2012) (petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241);
Minneman v. United States Att'y Gen. Dep't of Justice, No. 12-1429 (C.D. Ill. Oct. 28, 2012) (petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241);
Minneman v. United States, No. 15-1473 (C.D. Ill. Nov. 20, 2015) (motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255).

         The court is aware that it may not have found all of Petitioner's numerous attempts. Because of his abusive filings, Petitioner was warned by both Judge Mihm, in 2011, and Chief Judge Shadid, in 2012, that future attempts to attack his 1997 conviction without permission from the United States Court of Appeals for the Seventh Circuit would result in sanctions. See Order (Doc. 435), United States v. Minneman, No. 96-10010 (C.D. Ill. July 21, 2001); Order (Doc. 2), Minneman v. United States Att'y Gen. Dep't of Justice, No. 12-1429 (C.D. Ill. Jan. 18, 2013).

         Petitioner has also attempted to seek relief from the Seventh Circuit. The Court has found the following attempts, but is ...


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