No. 21-7286

Andrew J. Johnston v. Frances Ward, et al.

Lower Court: Seventh Circuit
Docketed: 2022-03-07
Status: Dismissed
Type: IFP
IFP
Tags: bivens-action civil-procedure civil-rights due-process judicial-misconduct recusal-request standing transcript trial-transcript witness-testimony
Key Terms:
DueProcess
Latest Conference: 2022-05-12
Question Presented (AI Summary)

Whether the petitioner's due process rights were violated by the omission of material testimony from the trial transcript

Question Presented (OCR Extract)

No question identified. : TRULINCS 22712424 JOHNSTON, ANDREW J Unit: TCP-D-B wa HP | Amendment V, Due Process Clause : . Statutes 28 U.S.C. Section 1331 Cases Griffin v. Illinois, 351 U.S. 12, 19 (1956) : ! Heck v. Humphrey, 512 U.S. 477, 490 (1994) Hernandez v. Mesa, 206 LED2D 29, 43 (2020) Ziglar v. Abassi, 137 S. Ct. 1843 (2017) Other Sta're Deci'sis : . . . STATEMENT OF THE FACTS In December 2020, | filed the action below while my petition for writ of certiorari in this Court, No. 20-6487, was pending. | noticed in March 2020 during the briefing of my direct appeal, No. 19-1624, when I received access to my trial transcripts for the first time, that material omissions from the transcript were evident. Having proceeded pro se in trial, | know what questions | | asked the bank tellers across the substantive elements. The missing questions from the January 9, 2019 transcript, Dkt. 330, | Page 47, are: Johnston: Did the suspect use force? Byrne: No. Johnston: Did the suspect attempt to use force? Byrne: No. . Johnston: Did the suspect threaten to use force? Byrne: No. Johnston: Did the suspect imply a threat of force? . | Byrne: No. Johnston: Did the suspect state ‘if you don't do this then he would do that’ or anything along those lines? Byrne: No. . As such, the complaint requested a mandatory initial discovery order requiring immediate production of the audio from the courtroom microphones on January 9, 2019, $14,000.00 monetary damages under the Bivens act, a corrected transcript from an independent transcriber paid for by the court reporter Frances Ward, and an order requiring Judge Pallmeyer to recuse | herself from all of my cases pending in the district court. Please see,

Docket Entries

2022-05-16
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam). Justice Barrett took no part in the consideration or decision of this motion and this petition.
2022-04-21
DISTRIBUTED for Conference of 5/12/2022.
2021-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2022)

Attorneys

Andrew Johnston
Andrew James Johnston — Petitioner
Andrew James Johnston — Petitioner