Lying To Maintain Integrity

Justice Turned On Its Head

scales.gif


Judge Donald L. GrahamJudge Donald L. Graham

The Lie

The lie here is really very simple. The Eleventh Circuit told a boldface lie when they stated that Marcellus Mason failed to an appeal of a sua sponte issued pre-filing injunction of September 20, 20011. As a matter fact, the lies of the Eleventh Circuit are not consistent from case to case or time to time. As each new case is filed seeking appellate review of the sua sponte issued pre-filing injunction of September 20, 2001, the Eleventh Circuit tells a new lie.

Purpose of the Lie

The purpose of the lie was to avoid reversing Judge Graham on the sua sponte issued pre-filing injunction of September 20, 2001 and to conceal Judge Graham’s judicial misconduct. It is well settled that sua sponte issued pre-filing injunctions, or injunctions issued without due process or notice and opportunity to respond are clearly void and illegal. See Case Law. On September 20, 2001, Judge Graham issues a pre-filing injunction, sua sponte. See Docket Entry Number 878, (D.E. # 878) . Page 3, of this document boldly asserts: “THIS CAUSE came before the Court sua sponte.” Additionally, Judge Graham also makes a “finding of bad faith” with this same sua sponte issued pre-filing injunction of September 20, 2001 in direct defiance of the authority of the United States Supreme Court. “It has become clear to the Court that Mason is proceeding in bad faith.” See Pg. 5, Docket Entry Number 878, (D.E. # 878) . The Supreme Court has stated that a finding of bad faith requires due process or notice and opportunity to respond. “A court must, of course, exercise caution in invoking its inherent power, and it must comply with the mandates of due process, both in determining that the requisite bad faith exists and in assessing fees.”(emphasis added) Chambers v. Nasco, Inc., 501 U.S. 32, 50 (1991).

Consequences of the Lie

The lie and the clearly void sua sponte issued pre-filing injunction of September 20, 2001 had the following consequences:

  • The clearly void sua sponte issued pre-filing injunction was used to affirm or uphold Judge Graham on appeal. See Documenting the Lies, Below.
  • The clearly void sua sponte issued pre-filing injunction was used to award a massive award of attorney’s fees against Marcellus Mason. See Attorneys’ Fees.
  • The clearly void sua sponte issued pre-filing injunction was used to frame and convict Marcellus Mason of criminal contempt costing him 41 days in jail and five years supervised probation. See Framed.

Documenting the Lies

On September 29, 2001, or 8 days after the sua sponte pre-filing injunction was rendered on September 20, 2001, a petition for mandamus was filed seeking appellate review and reversal. This petition was received on October 2, 2001 and docketed under Case No. 01-15754. See Receipt. On December 5, 2001, the Eleventh Circuit, Judges Susan H. Black, Rosemary Barkett, and Stanley Marcus, in a terse one sentence opinion, simply stated:

The ” petition for writ of mandamus and petition for writ of prohibition” is DENIED. See Case No. 01-15754 Opinion.

On March 6, 2002, Case No. 01-13664, , the Eleventh Circuit, Judge Susan H. Black, struck Marcellus Mason’s [Appellant] appeal brief for arguing against the sua sponte issued pre-filing injunction of September 20, 2001 because they claimed it was “beyond the scope of appeal”. See Order Striking Brief, Pg. 2. When the sua sponte issued pre-filing injunction of September 20, 2001 was rendered, the matter had already been on appeal since June 25, 2001. See Background Facts, below. Subsequent to Judge Black’s striking Mason’s appellant brief for arguing the filing injunction, the Appellees filed a brief arguing for the sua sponte issued pre-filing injunction of September 20, 2001. Mason moved to have Appellees brief stricken because it was “beyond the scope of appeal”. The Court, Judge Frank M. Hull, granted this motion and stated:


Appellant’s motion to strike Appellees’ brief is GRANTED IN PART to the extent that Appellees cite to the District Court’s September 20, 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.
See Order Striking Appellees’ Brief.

On October 16, 2002, the Eleventh Circuit [Judge Stanley F. Birch, Jr., Judge Susan H. Black, and Judge Stanley Marcus], Case No. 01-13664, pgs. 13-14, rendered an opinion affirming or upholding Judge Graham and 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. See Case No. 01-13664 Opinion.

On May 20, 2004 the Eleventh Circuit, Judge Ed Carnes and Judge Frank M. Hull, Case No. 04-11894-B, stated:

Moreover, Mason had an adequate alternative remedy to mandamus relief in that he could have timely appealed the September 20, 2001 order, but did not do so. See Opinion, Pg. 4.

On March 16, 2005, the Eleventh Circuit, Judge Rosemary Barkett, Case No. 05-10623-I, stated:


Furthermore, Mason appealed the dismissal of his case as well as the district court’s injunction order of September 20, 2001, which required Mason to seek the court’s permission to file any motions in his case, including Rule 60(b) motions.
See Opinion, Pg. 2.

Factual Background

On November 24, 1999, Case No. 99-14027-CIV-Graham/Lynch, Judge Donald L. Graham was presented with a motion for a preliminary injunction. See Docket Entry No. 39. The case was ultimately closed on June 20, 2001 and Judge Graham NEVER decided the motion one way or the other. On or about March 8, 2001, Marcellus Mason filed a petition for mandamus, in forma pauperis or without paying court filing fees due to indigence, with the Eleventh Circuit to force Judge Graham to rule on the pending motion for a preliminary injunction. On April 26, 2001, Judge Ed Carnes, 17 months after the motion was submitted, as fully stated above, ruled that Mason does not have the right to have his motion decided.

October 2, 2001, Mason files a Petition for Mandamus with the Eleventh Circuit seeking among other things, to vacate the sua sponte issued pre-fling injunction of September 20, 2001. The mandamus petition is assigned Case No. 01-15754. Mason files mandamus petition despite pending appeal.

  • December 5, 2001, the Eleventh denies mandamus petition in a terse, one sentence page opinion. See Opinion. The ” petition for writ of mandamus and petition for writ of prohibition” is DENIED.”The direct appeal, Eleventh Circuit Case No. 01-13664, was still pending and no briefs had been filed at this point.

  • References

    1Sua sponte According to nolo.com, “This term is most commonly used to describe a decision or act that a judge decides upon without having been asked by either party.”


    Important Links

    Methods Page. This page is a web portal that takes the allegations of misconduct and traces them through the appellate process [direct appeals, mandamus], lawsuit against Judge, Judicial Misconduct Complaints. This page has a flowchart, with clickable links, of all the avenues that the Eleventh Circuit had to discipline Judge Graham. This page provides an extensive documented comprehensive view. This page will demonstrate that the Eleventh Circuit will not discipline Judge Graham under any set of circumstances.

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

    Home Page. This the home page to the website that breaks down a wealth of information into multiple subjects. This page has links to other websites.

    Junk Law Web Portal.
    This page contains what is term “junk law” for civility. This page should offend any law abiding citizen, much less federal judge. It is difficult to imagine more dishonesty.


    Advertisements

    4 Responses to “Lying To Maintain Integrity”

    1. Bubble lady Says:

      Can I simply say what a relief to seek out someone who really knows what theyre speaking about on the internet. You positively know find out how to deliver a difficulty to light and make it important. Extra folks need to read this and perceive this aspect of the story. I cant believe youre no more widespread since you undoubtedly have the gift.

    2. Lastminute Schnäppchen Says:

      Nice post. I be taught something more challenging on totally different blogs everyday. It is going to always be stimulating to learn content from different writers and practice somewhat something from their store. I’d favor to use some with the content on my weblog whether you don’t mind. Natually I’ll give you a hyperlink in your web blog. Thanks for sharing.

    3. mobile commerce Says:

      Youre so cool! I dont suppose Ive read anything like this before. So good to find anyone with some original thoughts on this subject. realy thank you for beginning this up. this website is one thing that is wanted on the web, somebody with a little bit originality. useful job for bringing something new to the internet!

    4. marketing mobile Says:

      Youre so cool! I dont suppose Ive learn anything like this before. So nice to find someone with some authentic ideas on this subject. realy thanks for starting this up. this website is something that’s needed on the net, someone with just a little originality. useful job for bringing one thing new to the internet!

    Leave a Reply to Bubble lady 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: