About
This blog’s purpose is to simply put Judge Donald L. Graham and the Eleventh Circuit’s unedited and unpublished decisions on the Internet for public and worldwide scrutiny. They won’t publish their work, consequently, Marcellus Mason will.
The author of this website is Marcellus M. Mason Jr. who is a 1981 graduate of Valencia Community College in Orlando, FL and a 1983 graduate of the Florida State University. Mr. Mason has a Bachelor of Science in Finance. When he felt like it, Mr. Mason made outstanding grades to include the Deans List.
See Copy of unofficial transcript. This point is made to demonstrate that Marcellus is not anybody’s fool and that he is clearly intelligent enough to reason and understand any legal concept. Mr. Mason has spent thousands of hours and seven years doing legal research sometimes all day and half the night. Marcellus Mason has had state trial judges reversed on at least three separate occasions in the
Florida Appellate Courts.
See Case Nos.
2D00-4002,
2D00-1071, and
2D00-1041.
Marcellus is a decorated U.S. Army veteran having served for almost eight years
active duty both in peacetime and in wartime (Persian Gulf). Mr. Mason is a CNE, Certified Novell Engineer, and MCSE, Microsoft Certified Systems Engineer. Marcellus Mason hopes that knowledgeable and conscientious attorneys, judges, newspapers, politicians, and other members of the public will read this $$%&&& or garbage of Judge Donald L. Graham and the Eleventh Circuit and have them insult your intelligence. Marcellus Mason can be contacted at:
mcneilmason@hotmail.com
mcneilmason@go.com
mcneilmason@gmail
214 Atterberry Drive
Sebring, FL 33870
December 7, 2008 at 1:43 pm |
I am confronting essentially the same lawlessness and contempt by the courts for my rights of due process as blogger Mason is. In my case, the state court enjoined me from filing any action in any court [state or federal]unless I am represented by an attorney.
I have since filed a total of 21 actions, and motions, at a cost now approaching $5,000. Regardless of my prima facie showing that the issuing court lacked personal and specific subject matter jurisdiction to act against me in ANY way whatsoever, no court has yet adjudicated a single issue raised or made any further inquiries. The Attorney General has never admitted or denied my allegations, or even investigated them. Every action was summarily dismissed seemingly on sight.
For essentially the entire last decade I have been forced to sacrifice what should have been the most productive years of my life to the Crisis of Accountability in my state and local government. To my profound misfortune I have become an expert on the rampancy of fraud, decisional fraud, fiduciary betrayal, and constructive criminal nonfeasance in our judiciary. I now suffer the consequences daily for simply having sought redress for a continuing series of legal wrongs, willful civil rights violations, fraud on the court, abuse of power, malicious prosecutions and unauthorized incarcerations by more than a few substantially less than honorable officers of the courts.
Since this ‘Legacy’ began I have petitioned courts at every level to recognize the judicial crimes I have suffered and to provide relief. I have filed complaints of judicial misconduct and nonfeasance, written letters to my honorable senators and congressmen, the FBI and the DOJ until I was blue in the face. I estimate to have collectively written, copied, filed in courts and timely served on the New York Attorney General/ Department of Law, infinite volumes of sworn allegations and supporting documents at incalculable personal expense.
Nothing I have ever filed, deposed, asserted, requested, prayed for and/or demanded from any court of law has made the slightest difference. Every action, every written complaint, has been summarily dismissed on the papers. The procedurally and jurisdictionally defective, constitutionally infirm judgments obtained against me still remain on my record, poisoning my professional credibility, my credit rating, the value and marketability of my real property now threatened with imminent foreclosure.
the only thing I have accomplished by attacking them through the courts is to get myself ambushed, defrauded, maliciously abused and falsely accused; sua sponte, sanctioned by fiat, fined, serially prosecuted and wrongfully incarcerated under color of law, constitutionally disfranchised and abandoned by common thugs and hoodlums in manifest control of New York’s honorable courtrooms.
My problem, like Mason’s problem, is that the judiciary is my adversary, rather than some other civil party. That being the case, we will never, ever win even on the smallest issue. Courts will never sit in judgment of other courts, regardless of ‘equity’ and rather in spite of it.
Kevin Patrick Brady
Rochester New York
June 12, 2010 at 9:21 pm |
I love it!
May 29, 2012 at 10:49 am |
anyone here tried a presentment to the fourth leg of govt., the local grand jury … to redress your grievances ?
May 29, 2012 at 10:51 am |
I try to stay outside the statutory crap they have assembled, common law rules, is public domain … and the BAR can not prosecute you for moving about in the common law domain .. IMHO
May 29, 2012 at 10:53 am |
Here is the text of a two page letter I just sent to the Chief Judge in Broward County, Florida
May 29, 2012
Judge Weinstein – Chief Judge 17th Circuit
201 S.W. 6th Street
Room 801A
Fort Lauderdale, Florida
re: NOTICE of DEFAULT and QUO WARRANTO writ
Dear Judge Weinstein,
Thank you for your letter, and congratulations on your promotion to the Chief Judge position by
your peers.
I see that you served as a legal officer in the United States Army. I thank you for your
confirmation (by your silence) that Judge Ross’s courtroom (which flies a military flag) is operating
under admiralty jurisdiction. This important question was also confirmed (silence and acquiescence) by
Judge Ross, the State of Florida and Alexandria Rieman (general counsel for the 17th Judicial Circuit of
Florida.
You assert that no statute or rule grants you authority to enter my Orders. Possibly your position
is mainly administrative; on the other hand there is a consensus view that the chief circuit judge is
ultimately responsible for seeing that the circuit courts are administered effectively and efficiently.
Deskbook for Chief Judges of U.S. District Courts 5–9 (Federal Judicial Center, 2d ed. 1993). That
consensus in turn provides chief judges a sizable reservoir of authority—authority that chief judges can
enhance depending on their personal leadership skills and their willingness and ability to capitalize on
the prestige of the position. Alas, what can you do to correct the numerous transgressions and omissions
that have taken place, in this matter, over the past several years?
First, recognize that my Notice and Writ stem from God’s law, common law .. the law of the
land. They are not proscribed or limited in any manner by government rules, regulations, statutes, or
codes. (See F.S. 102.169) “The common law of England … shall be of full force in this state …”.
(Florida Statutes Title 1, Chapter 2.01 and Title XLVII Chapter 775.01) That the people have a right, in
a peaceable manner, to assemble together to consult for the common good; and to apply to those invested
with the powers of government, for redress of grievances, or other proper purposes, by petition, address,
or remonstrance. [Section 20, Article 1 the Constitution for the State of Florida (de jure)] The General
Assembly for the State of Florida has not declared any provisions of the Common Law advanced by the
defendant herein, to be contrary to the laws for the State of Florida, therefore the common law Notice
and Writ advanced by the defendant, are not to be dismissed summarily, without proper investigation and
consideration. Common-law rights are described in the Ordinance of 1787 as ‘fundamental principles of
civil and religious liberty,’ and the amendments embodying common-law rights were demanded, as the
preamble of the act of Congress proposing them declares, ‘in order to prevent misconstruction or abuse’
of the powers of the general government. I have asserted, in detail, the endless abuses of power that have
taken place. None of my assertions have been rebutted. Res Ipsa.
‘The judicial Power’ created by Article III, §1, of the Constitution is not whatever judges choose
to do, but rather the power ‘to act in the manner traditional for English and American courts.’ Vieth v.
Jubelirer, 541 U. S. 267, 278 (2004) Circuit courts are granted the power to issue the extraordinary writs
of certiorari, prohibition, mandamus, quo warranto, and habeas corpus, and all other writs necessary to
the complete exercise of their jurisdiction. When any petition is well-founded, a judgment of ouster may
issue without further amendments to the extent that the petition is well-founded. (F.S. 80.032) My
Notice / Writ is well founded and has NOT been disputed.
Section 14 of Article V in the Constitution for the State of Florida (1838) states, “The … Judges
of the Circuit Courts, shall, by virtue of their offices, be conservators of the peace throughout the State;
and Justices of the Peace in their respective Counties.” Accordingly you have authority and a duty to
‘conserve the peace’ within the 17th district. The peace was breached when I was arrested while standing
on private property, for simply asking the Code Director for the City of Fort Lauderdale to produce a
valid court order before he trespassed on my friends’ private property. Since that moment, the City,
County and State have breached the peace with unlawful procedures, torture during unnecessary
extended detention, extortion, and further threats of arrest and use of force. The Law of the Land, the
Constitution, and statutory law, all grant you the authority to investigate and at least attempt to cure the
criminal behavior that has taken place by the aforementioned civil ‘servants’. Additionally, you have a
duty to correct the unlawful and fraudulent operation of the courts under Admiralty law.
You could, under F.S. 545.08, direct the Department of Legal Affairs or state attorney to institute
suit for a violation of any of the provisions of this chapter by any corporation (city, county or state). The
Department of Legal Affairs or the state attorney of the proper county shall institute proper suits or quo
warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights,
franchises or privileges and powers exercised by such corporation. The City of Fort Lauderdale,
Broward County, and the State of Florida, by their silence and acquiescence, have violated several laws
and, should, accordingly, forfeit their charter rights. You could, additionally, direct the local grand jury
to commence an investigation.
I am satisfied, in any case, to see that my statements of facts, affidavit statements and assertions
regarding the present state of the judiciary and the government, continue, uncontested. I can only
conclude that the courts under your purview are secretly operating under admiralty law ( pursuant to a
state of emergency – see the National Emergencies Act – of which the media and judges have failed to
advise ‘the people’), and are pretending to be Constitutional courts ( yet they are not because they are
staffed by Judges who repudiate common law, refuse to take an Oath to uphold the Constitution for the
united States of America and they refuse to carry a Bond against violating said Oath). In regards to this
critical issue I request a written response, clarification and public proclamation.
In response to your second paragraph, I am not requesting ‘judicial records’. The Demand and
Order (which starts on page 4) is quite clear. Please re-read and comply within 7 days. If you refuse I
will have no alternative but serve my writ upon Chief Justice Charles T. Canady of the Supreme Court
for the State of Florida (de jure), and / or commence a presentment to the local grand jury for Broward
County.
_____________________________
My Name – in propria persona
[ ALL Rights Reserved ]
[ Federal, State, County or City Statutes and Code may be cited, but jurisdiction not admitted ]
CERTIFICATE OF SERVICE:
One copy of this two page document was sent via first class U.S.P.S. mail, on May 29th, 2012, to:
Chief Judge Weinstein
201 SE 6th Street, Chamber 801A
Fort Lauderdale, Florida
September 14, 2014 at 12:30 am |
While this blog may be about the 11th circuit, I have proof that California’s (9th Cir.) vexatious litigant law is unconstitutional. My mother paid $160K to her son, my brother, to remodel her home. I worked for my brother. She paid another $45,000 to subcontractors and for materials. We were left without a roof, exterior walls, doors and windows.
Before the remodel, the home was worth $750,000. After paying the $200K, and another $130K to put a roof and stucco back on for the oncoming winter, the home was appraised at only $57,000. Still has no interior walls, floors, kitchen and bathrooms, etc.
My mother sued my brother. An un-named vexatious Litigant prefiling order (See Cal. CCP Sec. 391.7) Was filed with the court. It was un-named because it was a California Judicial Council Form with a box for identification in upper left hand corner which had been left blank, but Presiding Judge entered it anyway. When it was brought to his attention, the judge withdrew the order as having been “baseless” and entered in error, but the damage had been done.
My brother concealed the existence of his liability insurance by answering “no” to Form Rog No. 4.1 about the existence of insurance. (See Cal. Civil Code Sec. 47(b)(3); Morales v. Cooperative of American Physicians, Inc. 180 F. 3d 1060 (9th Cir. 1999). My brother presented the false prefiling order at the trial of the construction case. That was in 2009.
We recently learned insurance companies were told to stay away from the site in 2007 based on my brother’s allegations to the insurance companies that we are vexatious. Indeed, his liability insurance never contacted us. Our own homeowners insurance did the same, and also admitted that it was because of the ignominious effects of the CA vexatious litigant label.
As a result, we had to sue for policy breach and bad faith. We had to sue our lawyers for malpractice. Our own lawyers then tried to declare us vexatious and lost. We had to sue for malpractice of a malpractice case. That attorney took $6000 a month from us only to find out about the vexatious litigant accusations, and then she kept our money and filed for chapter 7 bankruptcy. (Yes, the lawyer went bankrupt). This all eventually led to my mother’s own bankruptcy, which was denied because all those who destroyed our home now had costs and attorney fee claims against us which threw my mother’s bankruptcy over the chapter 13 limit.
We tried to sue for extrinsic fraud when we discovered the concealed insurance and latent damages in 2013, and the judge never heard our opposition to the opponent’s Anti-SLAPP motion (See Cal. CCP 425.16.) I was physically restrained from participating in my own hearing because of the pre-filing order against me. I filed for permission to appeal (Cal. CCP 391.7(b)) with the 4th Dist Court of Appeal, and was denied. I tried to file a petition for writ of mandate with the California Supreme Court, and it denied the filing of my petition, despite Cal. Rules of Court 8.20.
I was refused hearing dates for motions to tax costs and oppose attorneys fees. When I filed the motions with my own chosen dates, the court denied the motion sua sponte (without the other side opposing) because I had not obtained a court approved hearing date. I have proof, because the court’s clerk left the message on my answering machine, and I kept it.
I will be going to the US Supreme Court within 90 days. I have nothing but respect for the court. I understand that court resources are limited, and that frivolous filings should be curtailed to preserve resources. At the same time, I cannot condone the violation of my Fourteenth amendment right to due process. I cannot condone a law that brands me “vexatious,” because as a plaintiff I have the burden of a preponderance of the evidence. Once I am branded vexatious, I am no longer credible, even if that branding was in error, and even if I have the facts and law on my side and deserve meaningful access to the court to be made whole again.