Putrid Dishonesty:Beyond the Scope of Appeal

This page is part of an expose on U.S. Dist. Judge Donald L. Graham and the Eleventh Circuit, U.S. Court of Appeals.
Judge Donald L. Graham
Judge Donald L. Graham

Think of the most dishonest act you can imagine or have witnessed ! This act of dishonesty will pale in the order of 10100 power when compared to the dishonesty of certain federal judges at the Eleventh Circuit, U.S. Court of Appeals.

Judges whose personal integrity are involved in this dishonest act are: Judge Susan H. Black, Order To Strike (Appellant), Judge Frank M. Hull, (Appellee Order to Strike); Judge Stanley F. Birch, Jr., Judge Susan H. Black, and Judge Stanley Marcus wrote the Opinion in this matter, Case No. 01-13664.

The Act of Putrid Dishonesty

The Eleventh Circuit struck Marcellus Mason’s appellate brief for arguing against an order, a void sua sponte issued pre-filing injunction, and then turned around and used the very same stricken sua sponte issued pre-filing to support their Opinion against Marcellus M. Mason. For the layman, the term “beyond the scope of appeal” means that issue is not to be considered on the pending appeal or the appeal in question. The Eleventh Circuit did the chronologically impossible in that they used an order rendered on September 20, 2001 to justify the dismissal of a case closed three months earlier on June 20, 2001. Our legal system simply can not stand this type of dishonesty.

Beyond the Scope of Appeal: A Despicable and Egregious Act

Dist. Ct. Case No. 99-14027-CV-Graham

Eleventh Circuit Case No. 01-13664-A, Judge Stanley F. Birch, Jr., Judge Susan H. Black, and Judge Stanley Marcus

The case was closed on June 20, 2001 and, a Notice of Appeal was promptly filed on June 25, 2001. (Docket Entry795).

On September 20, 2001, Judge Graham issues a pre-filing injunction, sua sponte.
See Docket Entry Number 878, (D.E. # 878). It is well settled that a sua sponte issued pre-filing injunction is void due to the requirement of due process or notice and opportunity to respond prior to issuance. See Case Law on Sua Sponte Injunctions.

On March 6, 2002, the Eleventh Circuit and Judge Susan H. Black struck Mason’s brief for arguing against the September 20, 2001 sua sponte issued pre-filing injunction. Moreover, the Eleventh Circuit ordered Mason to file all new initial briefs less any mention of the sua sponte issued pre-filing injunction. The Eleventh Circuit claimed the sua sponte issued pre-filing injunction was “beyond the scope of appeal”. See Order Striking Appellant’s Brief. This new filing caused Mason to have pay for 7 new briefs of about 45 pages.

On March 25, 2002, 19 days after the Eleventh Circuit, struck Mason’s brief for arguing against the sua sponte issued pre-filing injunction, Highlands County argued for the same sua sponte issued pre-filing injunction in their Answer Brief on pages 18 and 19. However, the Eleventh Circuit, while granting Mason’s motion to strike Highlands County brief for arguing for the same sua sponte issued pre-filing injunction, did not make Highlands County file all new answer briefs as they had done to Mason. The Eleventh Circuit claimed that it would not consider the sua sponte issued pre-filing injunction in its decision. See OrderStriking Appellees’ Brief

Appellant’s motion to strike Appellees’ brief is GRANTED IN PART to the extent that Appellees cite to the District Court’s September 2001, Omnibus Order, as that order is outside the scope of this appeal. This Court will disregard any references in Appellees’ brief to matters outside the scope of this appeal.

As stated above, in its opinion of October 16, 2002,
Case No. 01-13664
, pgs. 13-14, the Eleventh Circuit stated:

Moreover, despite the closure of the case by the district court, Mason’s continual filing of motions with the court addressing matters previously settled prompted the district court to prohibit Mason from further filings without explicit permission and initiate criminal contempt proceedings. Therefore, the record supports the district court’s implicit finding that a sanction less than dismissal of the action with prejudice would have had no effect.

It is outrageous that the Eleventh Circuit would use the same sua sponte pre-filing injunction of September 20, 2001 that it struck Mason’s brief for arguing in order to make a finding to support a Rule 41(b), Fed.R.Civ.P. dismissal. See “Opinion, pgs. 13, 14, Implicit finding Beyond the Scope.” .

Background

Marcellus M. Mason, Jr. of Sebring, Fl. filed an employment discrimination lawsuit against the Highlands County Board of County Commissioners and Heartland Library Cooperative and other governmental entities and individual government employees in February 1999. This case was ultimately assigned Judge Donald L. Graham and Magistrate Frank Lynch Jr., Case No. 99-14027-CV-Graham/Lynch. After protracted litigation, the case was dismissed, not on the merits of the case, but based upon banned and irrelevant out of court constitutionally protected and legal communications between Highlands County and Mason. “R&R” (D.E. 766), Order adopting R&R (D.E791). See Banned Communications.

In June and July 2000, Maria Sorolis and Brian Koji, Allen,Norton & Blue asked the Magistrate to grant them preliminary injunctions that required Mason to contact them before he could talk to the government defendants. These orders required Mason, a nonlawyer, living in Sebring, FL to contact private attorneys some 90 miles away in Tampa, FL .

These orders were granted on June 19, 2000 and July 25, 2000 in part stated:

Plaintiff shall be prohibited from contacting any of the Defendants, including their supervisory employees and/or the individual Defendants, regarding any matter related to this case.” (DE#201).

This order is dated June 19, 2000.

Plaintiff shall correspond only with Defendants’ counsel including any requests for public records.” (DE #246)

Plaintiff shall be prohibited from contacting any of the Defendants, including their supervisory employees and/or the individual Defendants,
regarding any matter related to this case. (DE #246)

This order is dated July 25, 2000.

Judge Graham has expressly stated that the issuance of the injunctions by Magistrate Judge Frank Lynch, Jr. was not “clearly erroneous nor is it contrary to law.” See Docket Entry No. 407. However, Congress and the law disagree as the law expressly states that:

Notwithstanding any provision of law to the contrary—
a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief…,”

28 U.S.C. § 636(b)(1)(A).


Links

Web Portal to Dishonest Acts by the Eleventh Circuit:
http://mmason.freeshell.org/methods.htm

Advertisements

4 Responses to “Putrid Dishonesty:Beyond the Scope of Appeal”

  1. Open Letter to Judge Joel F. Dubina To Investigate Judge Donald L. Graham « Unpublished Junk Law of the Eleventh Circuit, US Court of Appeals Says:

    […] Unpublished Junk Law of the Eleventh Circuit, US Court of Appeals An Expose in Judicial Dishonesty and Misconduct « Putrid Dishonesty:Beyond the Scope of Appeal […]

  2. Magicians Says:

    I’d must verify with you here. Which is not something I often do! I take pleasure in studying a publish that can make people think. Additionally, thanks for allowing me to remark!

  3. WFPT Says:

    I found your weblog site on google and verify a few of your early posts. Continue to keep up the very good operate. I just additional up your RSS feed to my MSN Information Reader. Looking for ahead to reading more from you in a while!…

  4. Surveillance Equipment Says:

    There are some fascinating points in time in this article however I don’t know if I see all of them center to heart. There’s some validity however I will take hold opinion until I look into it further. Good article , thanks and we would like extra! Added to FeedBurner as nicely

Leave a Reply to WFPT Cancel reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s


%d bloggers like this: