Neal v. Oliver

After being caught establishing a fraudulent worker’s compensation insurance program, , Neal was convicted of wire fraud, 18 U.S.C. 1343, and sentenced to 327 months’ imprisonment. He is incarcerated in Terre Haute, Indiana. Prison administrators discovered that he had signed a court document with an alias. They disciplined him for violating a prison rule which forbids forging any document, identification, money, or official paper by revoking his commissary and telephone privileges for 180 days. Neal sought a writ of habeas corpus, 28 U.S.C. 2241, claiming denial of due process. Neal moved three times to stay proceedings and compel arbitration, submitting a purported arbitration agreement, executed by a representative of the Bureau of Prisons and himself, under his assumed name. The district court denied the motion, noted that the only penalties Neal suffered were the loss of privileges, neither of which affected custody, so that relief under section 2241 was unavailable. The Seventh Circuit affirmed, stating that there is no basis for an arbitration claim. Neal's documents are obvious fabrications and the Federal Arbitration Act governs only maritime contracts and contracts involving interstate commerce. The court imposed an additional fine of $500 on Neal. Until he pays all outstanding fees and sanctions, clerks of all federal courts within the circuit must return unfiled any papers he submits in any habeas corpus action unless the petition attacks a state-court criminal judgment. The court also ordered Neal to show cause why not to sanction him under FRAP 38 for filing a frivolous appeal and forwarded the file for consideration of prosecution for perjury. View "Neal v. Oliver" on Justia Law