- *© AO 450(Rev, 5/85)Judement in a Civil Case
United States District Court
Northern District of Llinois

Eastern Division

William B, O'Connell, Jr. JUDGMENT IN A CIVIL CASE
v. Case Number: 02 C 6719

The Judicial Department et al.

Oo Jury Verdict. This action came before the Court for a trial by jury. The issucs have becn
tried and the jury rendered its verdict.

a Decision by Court. This action came to trial or hearing before the Court, The issues
have been tried or heard and a decision has been rendered.

IT TS ILEREBY ORDERED AND ADJUDGED that the State of New Mexico now moves to
dismiss, That motion is granted.

Michael W. Dobbins, Clerk of Court

Date: 12/12/2002 SDD Yor re”

Willie A. Haynes, Deputy Chik



4° SERS oRRE Form (0697) C
AS \o United States District Court, Northern District of Illinois ?)

Name of Assigned Jud} ‘ames Sitting Judge if Other
ror Magistrate Judge James B. Moran than Anigned Judge
CASE NUMBER 02 C 6719 DATE 12/12/2002
CASE William B. O’Connell, Jr. Vs. The Judicial Dept etc. et al.
TITLE

[ln the following box (a) indicate the party filing the motion, ¢.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
of the motion being presented.

MOTION:
Memorandum Opinion and Order
DOCKET ENTRY:
qa) o Filed motion of [ usc listing in “Motion” box above.]
(2) Oo Brief in support of motion due
(3) oO Answer brief to motion due____. Reply to answer brief due.
(4) oO Ryling/Hearing ons setfor_ at
(5) ao Status hearing|held/continued to] [set for/re-set for] on setfor ss at_
(6) Oo Pretrial conference[held/continued to] [set for/re-set for]on set for at.
(7) a Trial[set for/re-set for]on at
(8) a [Bench/Jury trial] [Hearing] held/continued to at
(9) a This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OFRCP4(m) ClLocalRule 41.1 OFRCP41(a)(1) CFRCP41(a(2).
do) [Other docket entry] | Enter Memorandum Opinion and Order. The complaint alleges that the

primary defendants include the sitting judges in the Second Judicial District and the Supreme Court of
New Mexico. The State of New Mexico now moves to dismiss. That motion is granted.

(il) @f {For further detail see order attached to the original minute order.]

No notices required, advised in open court

No notices required.
suraber of nusions

Notices mailed by judge's statf.

Notified counsel by telephone.

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Copy to jndge/magistrate judge,

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date mailed notice

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

WILLIAM B. O’CONNELL, JR.,
Plaintiff,

vs. No. 02 C 6719
THE JUDICIAL DEPARTMENT, United States
of America, Individually, AMAXIMUM
QUORUM OF THE CONGRESS, United States
of America, Individually; THE JUDICIAL
DEPARTMENT, State of New Mexico,
Individually,

BEC 3 2 angy

we SS SS SSS

Defendants.

MEMORANDUM OPINION AND ORDER

Plaintiff sues, among others, “The Judicial Department, State of New Mexico,
Individually,” The complaint alleges that the primary defendants include the sitting judges
in the Second Judicial District and the Supreme Court of New Mexico, The State of New
Mexico now moves to dismiss, That motion is granted.

New Mexico contends that the Eleventh Amendment deprives this court ofjurisdiction,
plaintiff does nut have standing, this court does not have personal jurisdiction over the State
of New Mexico, the complaint fails to state a claim for which relief may be granted, improper
venue, and lack of sufficient service of process, New Mexico assumes that a suit against “The
Judicial Department” is a suit against the state, and it is probably correct (no individual judges
are named as defendants), And ifit is correct, then every one of its contentions is also correct

(with the possible exception of standing), and it need be correct on only one to doom plaintiff's

complaint. If plaintiff means to sue individual judges, then the Eleventh Amendment is not



Na, 02 C 6719 Page 2

a defense, but judicial immunity is, and the other grounds for dismissal apply equally to them,

B. Mara

JAMES B, MORAN

Senior Judge, U. S. District Court
Qee,. 1, 2002.