File A Misconduct Complaint Against Judge Donald L. Graham

Judge Donald L. Graham, U.S. Dist. Ct., Miami, FL

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File Your Own Complaint

The Judicial Misconduct and Disability Act, 28 U.S.C. 351, et. al., governs complaints of judicial misconduct by federal judges. The law allows anybody to file a complaint judicial misconduct.

Any person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of office by reason of mental or physical disability, may file with the clerk of the court of appeals for the circuit a written complaint containing a brief statement of the facts constituting such conduct.

See Section 351, 28 U.S.C. § 351,

Reasons Why You Should File A Complaint

You should file a complaint for the following reasons:

• To insure that Judge Graham is properly punished.
• To send a message to other Judges that misconduct will not be tolerated.
• To insure compliance with the “rule of law”.
• To help root out and deter bad judges.
• To force the Eleventh Circuit to either deny or verify the allegations set forth below and set a standard of conduct for judges that is publicly available.

How to File A Complaint

A sample form can be filed at the Eleventh Circuit’s web site or you may click on this link. For the rules, click on this link. Mail the Complaint to:

Clerk
United States Court of Appeals
56 Forsyth Street, N.W.
Atlanta, Georgia 30303

The rules are strictly enforced by Chief Judge Edmondson and his clerk, they will attack the complaint for any “violation”. The filing procedure is reproduced here:

RULE 1. FILING OF COMPLAINT
(a) Form. Complaints of judicial misconduct or disability under Chapter 16 are to befiled on the official form provided by the Clerk of the United States Court of Appeals for theEleventh Circuit (hereinafter, the Clerk), which is reproduced in Appendix B to these Rules. This form is available on the court’s web site at http://www.ca11.uscourts.gov, or may be obtained by visiting or writing to the office of the Clerk at the address shown in paragraph (g), below, or by telephoning
that office at 404-335-6577. The form may also be obtained from the clerk of any district court or bankruptcy court within the Eleventh Circuit. A separate complaint form must be filed for each complained-of judge. Complaints must be legible; if possible, they should be typewritten.
(b) Statement of facts. A statement of facts should be attached to the complaint form, setting forth with particularity the facts on which the claim of misconduct or disability is based. The statement of facts must be on 8½ x 11 inch paper. Only one side of the paper may be used. The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides. Page numbers may appear in the margins but no text may appear there. If typed, either a proportionally spaced or monospaced typeface may be used. A proportionally spaced typeface must
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be 14-point or larger; a monospaced typeface may not contain more than 10½ characters per inch.
The statement of facts may not exceed five (5) pages, and should include:
(1) a description of the conduct complained of;
(2) the time and place of the occurrence (or occurrences) of such conduct; and
(3) other information, such as the names and addresses of any witness to such
conduct, that would assist an investigator in confirming that the conduct
occurred.
(c) Submission of documents. Documents referred to in the statement of facts may be filed with the complaint. The statement should cite the page(s) of such document(s) that thecomplainant deems pertinent to the allegations of the complaint.
(d) Number of copies. Three copies each of the complaint, statement of facts, and any
document(s) filed therewith are to be filed with the Clerk.
(e) Signature. The complainant shall sign the complaint (in the space provided on theform) and thereby declare under penalty of perjury that the allegations in the complaint are true.
(f) Anonymous complaints. An anonymous complaint shall not be accepted for filing by the Clerk. Nonetheless, the Clerk shall forward such a complaint to the Chief Judge.
(g) Place of filing. Complaints shall be sent in an envelope to:
Clerk
United States Court of Appeals
56 Forsyth Street, N.W.
Atlanta, Georgia 30303

The envelope shall be marked “Chapter 16 Complaint.” The name of the complained-of judge shallnot appear on the envelope.
(h) Supplementation. Once filed, a complaint may not be supplemented or modifiedby additional statements or documents unless authorized by order of the Chief Judge.
(i) No filing fee. There is no filing fee for complaints of misconduct or disability.
(j) Abuse of the Complaint Procedure. A complainant who files vexatious, repetitive,harassing, or frivolous complaints, or otherwise abuses the complaint procedure, may be restricted as set forth below.
(1) Multiple complaints by a single complainant. After affording the
offending complainant an opportunity to show cause in writing why his or her
ability to file further complaints should not be limited, the judicial council
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may restrict or impose conditions upon the complainant’s use of the
complaint procedure. Such restrictions or conditions will be narrowly
tailored to address the specific problems encountered.
(2) Identical or substantially identical complaints submitted en masse by
multiple complainants. The Chief Judge may direct the Clerk not to
formally process any additional complaints identical or substantially identical
to a complaint that has already been filed or concluded, but instead to provide
those additional complainants with a copy of the public record order
disposing of the first such matter filed. No further action shall be taken with
respect to any such identical or substantially identical complaints.
Authority: 28 U.S.C. §§ 351, 352.

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Documented Acts of Misconduct

• Lying and intentionally misrepresenting the law. See Documented Lie. Judge Graham told Marcellus Mason that he could not state a claim against a state actor, Highlands County Board of County Commissioners, under 42 U.S.C. §1981 while he was simultaneously allowing a represented Plaintiff in another case to state a claim under 42 U.S.C. §1981 against the very same state actor, Highlands County Board of County Commissioners.
• Involved in possible criminal behavior by issuing a void sua sponte pre-filing injunction which ultimately formed the basis of a criminal contempt complaint and conviction. See Framing An Innocent Person. Sua Sponte means on the Judges own motion and without notice and opportunity to respond prior to the issuance of the injunction. The law and Constitution requires such notice. In Weaver v. Sch. Bd., 2006 U.S. App. LEXIS 8128 (unpublished) (11^th Cir. 2006), the Court held that a litigant was entitled to “notice and an opportunity to be heard” before a restriction was imposed on the litigant’s ability to challenge an injunction. “Generally, a judgment is void under Rule 60 (b) (4) “if the court that rendered it lacked jurisdiction of the subject matter, or of the parties, or if acted in a manner inconsistent with due process of law. (emphasis added)” E.g.,Burke v. Smith, 252 F.3d 1260 (11^th Cir. 2001). A void judgment is from its inception a legal nullity. U.S. v. Boch Oldsmobile 909 F.2d 657, 661 (1st Cir. 1990).
• Judge Graham used the contempt process and AUSA Robert Waters to force Marcellus Mason to drop an embarrassing lawsuit against Judge Graham. Marcellus Mason has offered to take a polygraph test under penalty of perjury and challenges Judge Graham to do the same. This offer to take a polygraph test has been sent by both letters and email to the U.S. Department of Justice and the FBI. Additionally, Federal Public Defender, Leon Watts was a witness to the conversation. Incidentally, Mason declined to drop the lawsuit. Either Mason has committed a crime or Judge Graham has committed a crime! Both Mason and Judge Graham should be offered polygraph tests!

• Judge Graham used a void sua sponte issued pre-filing injunction to award attorney’s fees of $200,000 against an indigent Plaintiff whom Judge Graham knew was unemployed. See Docket Entry No. 882 and 891. Judge Graham eschewed and rejected the law and the U.S. Supreme Court which states that attorney’s fees may only be awarded against a Plaintiff if the lawsuit is found to be totally without merit. Judge Graham made no such finding because he could not due to the fact that he failed to evaluate pending summary judgment motions which set forth substantial facts supporting the lawsuit. Christiansburg Garment Co. v. EEOC ,434 U.S. 412, 422 (1978)(“a plaintiff should not be assessed his opponent’s attorney’s fees unless a court finds that his claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.”).
• Refusing to rule on a motion for a preliminary injunction that had been pending for about 19 months. A motion for preliminary injunction was submitted on November 24, 1999, and Judge Graham never ruled on the motion despite repeated requests. See Docket and Entry #39. The case was closed on June 20, 2001.
• Judge Graham falsely completed a Civil Justice Reform Act, CJRA, report in order to conceal the fact that he had failed to rule on the preliminary injunction motion mentioned above. See False CJRA Report. Motions pending for more than six months must be included in the CJRA report. When told of this fact in a Judicial Misconduct and Disability Act complaint, Judge J.L. Edmondson, Eleventh Circuit, U.S. Court of Appeals, simply attacked Marcellus Mason. See Section 351 Complaint No. 05-008.
• Usurping legal authority by allowing a Federal Magistrate Judge, Frank Lynch Jr., to render an injunction in clear violation of law and 28 U.S.C. § 636 (b)(1)(A) which clearly states:
  Notwithstanding any provision of law to the contrary-(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court except a motion for injunction relief,…” See
• Usurping legal authority by allowing a Federal Magistrate Judge, Frank Lynch Jr., to render an injunction to prohibit lawful and protected out of court communication between a citizen and his government. See Docket Entry No. 201.
• Usurping legal authority by allowing a Federal Magistrate Judge, Frank Lynch Jr., to render an injunction placing restrictions on how public records are accessed under the Florida Public Records Act that the Florida Supreme Court has stated is not lawful. See Docket Entry No. 246. Judge Graham has refused to state where a federal judge gets the legal authority to administer public records under the Florida Public Records Act.
• Allowing scores of significant pre-trial motions to go undecided for months without taking any action. See Languishing Motions. This page list more than 30 filings, including summary judgment motions, that Judge Graham refused to act on.
• Judge Graham denied in forma pauperis petitions or petition to waive filing fees on at least ten separate for no reason. See History of Arbitrary IFP Denials. In spite of the statutes and the U.S. Supreme Court’s edict that an in forma pauperis application can only be denied if the allegation of poverty is untrue or the action is frivolous. See Denton v. Hernandez, 504 U.S. 25 (1992).

^{Judge J.L. Edmondson, Chief Judge, Eleventh Circuit, U.S. Court of Appeals does not consider any of the above misconduct. See Judicial Misconduct Page.}

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