ABDUL-WAALEE v. UNITED STATES OF AMERICA et al
| LUTFEE ABDUL-WAALEE |
| STEPHEN R. KAUFMAN, UNITED STATES OF AMERICA and MERRICK GARLAND |
| 2:2021cv00638 |
| May 13, 2021 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 12
ORDER DENYING Pro Se Plaintiff LUTFEE ABDUL-WAALEE's #9 Motion to Request Waiver of ADR Program. Plaintiff's Motion asserts that, as a private attorney general, he is entitled to a status above that of a pro se litigant and requests to be exempted from the early Alternative Dispute Resolution ("ADR") process. First, Plaintiff has not provided any legal authority that permits him to serve as a private attorney general the civil case pending before this Court. Second, Local Rule 16.2 mandates that civil cases proceed through a process of ADR. Specifically, Local Rule 16.2(B) explains that "full, formal litigation of claims can impose large economic burdens on the parties and can delay resolution of disputes for considerable periods" and that ADR procedures "can improve the quality of justice by improving the parties' understanding of their case and their satisfaction with the process and the result." Local Rule 16.2(B). The ADR processes provided by Local Rule 16.2(b) are designed to provide quicker, less expensive, and potentially more satisfying alternatives to continuing litigation without impairing the quality of justice or the right to trial." Id. Plaintiff's Motion does not demonstrate that ADR would not serve these purposes in this case. Accordingly, Plaintiff's #9 Motion is DENIED. For reference, the Local Rules can be found here: https://www.pawd.uscourts.gov/sites/pawd/files/lrmanual20181101.pdf and the Court's ADR Policies and Procedures can be found here: https://www.pawd.uscourts.gov/sites/pawd/files/ADR_Policies_and_Procedures_112818.pdf. Signed by Judge Christy Criswell Wiegand on 7/7/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 11
ORDER DENYING Plaintiff's #10 Motion for a Superseding Indictment. Plaintiff LUTFEE ABDUL-WAALEE, who is proceeding pro se and purporting to be a private attorney general, filed the #10 Motion on 7/2/2021. The Motion seeks a superseding criminal indictment in relation to a criminal conspiracy Plaintiff claims exists stemming from the provision of the United States Constitution that historically counted only 3/5 of the population of Black Americans for purposes of legislative representation. Enforcing the criminal laws of the United States of America is the prerogative of the Chief Executive, i.e., the President of the United States of America pursuant Article 2 of the United States Constitution. No law exists that permits a private citizen, such as Plaintiff LUTFEE ABDUL-WAALEE, to obtain an indictment of criminal conspiracy through a civil action, and if such law exists, Plaintiff does not cite it in support of his Motion. Therefore, Plaintiff's #10 Motion must be denied. Signed by Judge Christy Criswell Wiegand on 7/7/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 10
MOTION to Present Superseding Indictment by LUTFEE ABDUL-WAALEE. (cww)
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Filing 9
MOTION to Request Waiver of ADR Program re #2 Notice of ADR Designation, by LUTFEE ABDUL-WAALEE. (cww)
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Filing 8
Remark: Correspondence from PLAINTIFF. (Attachments: #1 Envelope) (cww) Modified on 6/23/2021 to hide document from public view per Order at ECF No. 7 (jmm).
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Filing 7
ORDER: the Court is in receipt of the pro se plaintiff, Mr. Abdul-Waalee, June 15, 2021 proof of service documents, ECF No. 6. In addition to the service documents, Plaintiff included correspondence to the Court. The Court does not accept correspondence from parties, unless specifically requested and approved by the Court. All requests to the Court must be made by filing an appropriate motion that states what relief is being requested. Signed by Judge Christy Criswell Wiegand on 06/17/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc)
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Filing 6
SUMMONS/Return of Service Returned Executed by LUTFEE ABDUL-WAALEE. MERRICK GARLAND served on 5/26/2021, answer due 6/16/2021; STEPHEN R. KAUFMAN served on 5/24/2021, answer due 6/14/2021; UNITED STATES OF AMERICA served on 5/24/2021, answer due 6/14/2021. (Attachments: #1 Exhibit 1) (ijh)
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Update Answer Deadline: Answer due from MERRICK GARLAND on 7/23/2021; STEPHEN R. KAUFMAN on 7/23/2021; UNITED STATES OF AMERICA on 7/23/2021 (ijh)
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Filing 4
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jmm)
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Filing 3
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 5/17/2021. (jmm)
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Filing 2
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties. (jmm)
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Filing 5
Summons Issued as to MERRICK GARLAND, UNITED STATES OF AMERICA and STEPHEN R. KAUFMAN. (sms) Modified to add other defendants' names on 5/20/2021 (jmm).
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Filing 1
COMPLAINT against MERRICK GARLAND, STEPHEN R. KAUFMAN, UNITED STATES OF AMERICA (Filing fee, including Administrative fee, $402, receipt number 24668069017), filed by LUTFEE ABDUL-WAALEE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Receipt, #4 Civil Cover Sheet) (ijh)
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Judge W. Scott Hardy no longer assigned to case. (ijh)
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Judge Christy Criswell Wiegand added. (ijh)
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