Posts Tagged ‘Languish’

Eleventh Circuit Disses The U.S. Supreme Court Chooses To Protect Judge Graham

April 28, 2008

Justice Turned On Its Head

Justice Turned On Its Head

Judge Donald L. GrahamJudge Donald L. Graham, The “Teflon Don”

Point of This Post

The U.S. Supreme Court once said: “But unless we wish anarchy to prevail within the federal judicial system, a precedent of this Court must be followed by the lower federal courts no matter how misguided the judges of those courts may think it to be.” Hutto v. Davis, 454 U.S. 370 (1982). This post is a yet another perfect example of how the “unpublished” Opinion is used to defy the authority of the United States Supreme Court. What is clear from this post is that if the Eleventh Circuit, U.S. Court Of Appeal, does not like the facts or the law involved in a case, it will simply make a terse one sentence “opinion” ignoring both the facts and the law. “The “petition for writ of mandamus and petition for writ of prohibition” is DENIED.” See “Opinion“, Case No. 01-15754. In this matter, Case No. 01-15754, the Eleventh Circuit declined to honor a petition for mandamus as a notice of appeal and perform meaningful appellate review as required by the U.S. Supreme Court. The petition attacks a sua sponte issued pre-filing injunction that was rendered on September 20, 2001 and excoriates Judge Graham for his misconduct and mismanagement. It is no wonder that Judge Graham feels that he is above the law and that he is the “Teflon Don”.

In addition, on a parallel track, a direct appeal, Case No. 01-13664, is already pending when Judge Graham renders the sua sponte issued pre-filing injunction of September 20, 2001. The handling of this matter yields even more dishonest and evasive measures.

  • The Eleventh Circuit struck Mason’s appellate 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”. However, when the Eleventh Circuit rendered its opinion affirming Judge Graham it then used the same sua sponte issued pre-filing injunction to affirm Judge Graham. See full story of this despicable act at this site, post entitled, “Putrid Dishonesty:Beyond the Scope of Appeal
  • The Eleventh Circuit refused to test the allegations of misconduct leveled at Judge Graham for veracity, even though admittedly fully briefed, it declines to review the issue of whether or not Judge Graham abused his discretion by failing to disqualify. See full story, this site, post entitled, “Are Allegations of Misconduct Reviewable on Appeal?

The Eleventh Circuit had to make a choice. It could save Judge Graham from his record, or it could follow binding precedent as set forth by the United States Supreme Court. It chose to save Judge Graham from the consequences of his own misbehavior and hubris. Is the Eleventh Circuit free to ignore the edicts of the United States Supreme Court?

A US Circuit Judge On the Potential Dangers of Unpublished Opinions

“If, for example, a precedent is cited, and the other side then offers a distinction, and the judges on the panel cannot think of a good answer to the distinction, but nevertheless, for some extraneous reason, wish to reject it, they can easily do so through the device of an abbreviated, unpublished opinion, and no one will ever be the wiser. (I don’t say that judges are actually doing this–only that the temptation exists.) Or if, after hearing argument, a judge in conference thinks that a certain decision should be reached, but also believes that the decision is hard to justify under the law, he or she can achieve the result, assuming agreement by the other members of the panel, by deciding the case in an unpublished opinion and sweeping the difficulties under the rug. Again, I’m not saying that this has ever occurred in any particular case, but a system that encourages this sort of behavior, or is at least open to it, has to be subject to question in any world in which judges are human beings.” 1 J. App. Prac. & Process 219 (1999). UNPUBLISHED OPINIONS: A COMMENT, Richard S. Arnold, Copyright © 1999 University of Arkansas – Little Rock School of Law ; Richard S. Arnold

United States Supreme Court

A document intended to serve as an appellate brief may qualify as the notice of appeal required by Rule 3. So long as such a document is filed within the time allowed by Rule 4 for a notice of appeal and satisfies Rule 3(c)’s requirements as to the content of such a notice, it may be treated as the “functional equivalent” of the formal notice demanded by Rule 3.” SMITH v. BARRY ET AL. 502 U.S. 244 (1992) (Syllabus). See also Eleventh Circuit’s Finch v. Vernon, 845 F. 2d 256, 259-260 (11th Cir. 1988) (citing United States v. Rogers, 788 F.2d 1472, 1475 (11th Cir.1986) (notice of appeal requirement is satisfied by any statement clearly evincing the party’s intent to appeal); Yates v. Mobile County Personnel Board, 658 F.2d 298, 299 (5th Cir. Unit B Oct. 1981) (“A petition for mandamus filed in this court, however, may also satisfy the notice of appeal requirement, especially when the appellant is proceeding pro se … and is thus generally ignorant of procedural rules.”).”).

The Eleventh Circuit received a mandamus petition that was docketed as being received on October 2, 2001. See Receipt. This is a 25 page petition plus exhibits. Microsoft Word Format, html format, and pdf format. According to the Supreme Court and the Eleventh Circuit’s own binding precedents, this mandamus petition should have been treated as a notice of appeal.

If a document filed within the time specified by Rule 4 gives the notice required by Rule 3, it is effective as a notice of appeal.“); Rinaldo v. Corbett, 256 F.3d 1276, 1279-80 (11th Cir.2001)To perform its function a notice of appeal must specify the parties taking the appeal, designate the judgment or order being appealed, and name the court to which the appeal is being taken. Fed. R.App. P. 3(c)(1). That is all.Main Drug, Inc. v. Aetna U.S. Healthcare, Inc., 475 F.3d 1228 (11th Cir. 2007).

The Defendant, Highlands County Board of County Commissioners, and U.S. Dist. Judge Donald L. Graham also received a copy of the mandamus petiton. Judge Graham did not file a brief in opposition to the petition. The Defendant did not file a responsive brief to the petition. The Eleventh Circuit did not require anyone to respond the petition.

Basis of Mandamus or Appeal

On September 20, 2001, Judge Graham rendered a pre-filing injunction, sua sponte, against Marcellus Mason. See Document No. 878. This type of order is also referred to as “Vexatious Litigant injunction“, “pre-screening injunction”, and “leave to file injunction”. This order specifically states: “THIS CAUSE came before the Court sua sponte.” See Document No. 878, pg. 3. There is a string of U.S. appellate courts and state courts, including Florida and Georgia that have declared sua sponte issued pre-filing injunctions issued without notice and opportunity to respond to be invalid. See Case Law On Pre-Filing Injunctions Section, Judge Graham Disagrees With The 1st, 2nd, 3rd, 4th, 5th, 9th, 10th, 11th, And DC Circuit Courts Of Appeal.

A mandamus petition was docketed as being received on October 2, 2001 by the Eleventh Circuit. See Receipt. This petition attacks the sua sponte issued pre-filing injunction of September 20, 2001. This petition also excoriates Judge Graham and takes him to task for the following:

  • Graham has usurped the power of law enforcement.
  • Graham has usurped the power of the “Legislature.”
  • Graham improperly interjected himself into matters under the Florida Public Records Act.
  • Grant has allowed significant and material pretrial motions to languish in the Court without making a decision. Petitioner will show that Graham has allowed motions and appeals to go for months without being addressed. Petitioner will show that Graham has granted summary judgments without addressing filings by this Petitioner, which attacks the summary judgment. Graham has repeated refused to rule on the Petitioner’s Motions For Summary Judgment.
  • Graham has had Petitioner’s Motion for a Preliminary Injunction to languish in his Court and die on the vine without a ruling on the merits, despite the fact that the motion has been pending since November 24, 1999.
  • Graham has failed to conduct proper “de novo” reviews when required. Graham has effectively undermined the will of Congress by allowing a Magistrate Judge to decide dispositive matters without the express authorization of all the parties. The Magistrate Judge has been granted “de facto” dispositive authority by Graham.
  • Graham has been dishonest in claiming that matters have been litigated when they have not been litigated.
  • On numerous occasions, Graham has exercised judicial authority without explaining the law and the facts that underlie his decisions. In this respect Graham has made a host of arbitrary and capricious decisions.
  • Graham has been guilty of gross mismanagement and malfeasance in every case to which this Petitioner has been a party to.

See Petition For Mandamus, pgs. 3,8-12,18-23.

Is The Eleventh Circuit An Advocate for Judge Graham?

In reply to the 25 page petition on December 5, 2001, the Eleventh Circuit rendered the following “Opinion”:

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

Mason filed a motion for clarification seeking to know the basis upon which the decision was made or what the opinion stood for, however the Eleventh Circuit declined to discuss the matter.

Rehearing Denied

On January 25, 2002, the Eleventh Circuit denied a motion for clarification:

Petitioner’s “motion for reconsideration and clarification” of this Court’s December 5, 2001, Order, is DENIED as Petitioner has offered no reason sufficient to warrant either reconsideration or clarification of this Court’s Order.

Rehearing Denied

Personal Responsibility and Integrity of the Judges

On February 6, 2004, Judge Stanley Marcus, Judge Rosemary Barkett, and Judge Susan Black were sent a letter via U.S. certified mail informing them of the legal atrocities in this matter. See Letter. However, all declined to answer or take the appropriate legal action as required by the United States Supreme Court.


Chief Judge J.L. Edmondson Aggressively Defends Judge Donald L. Graham

April 17, 2008

Judge Donald L. GrahamJudge Donald L. Graham

Foreword

There’s an old Negro spiritual called “May the Work I’ve Done Speak for Me”. In this same spirit, this author allows the work of Chief Circuit Judge J.L. Edmondson and his cohorts to speak for them. Unlike, Judge Graham and his enablers, their work will not be characterized or mis-characterized it will be produced in full and publicly available for the reading public to make their own assessments. The record fully supports the idea that Judge Edmondson and his colleagues at the Eleventh Circuit, U.S. Court of Appeals have defined the concept of “judicial misconduct” out of existence. Moreover, the record here will reveal that Judge Edmondson and his colleagues will not mention the allegations of misconduct raised against Judge Graham, much less test them for veracity.

What To Focus On

  • The allegations of misconduct are not denied.
  • The allegations of misconduct are rarely mentioned.
  • The Allegations of misconduct were ignored in the appellate process
    • Usurping Legal Authority
    • Refusing to Rule on a motion for a preliminary injunction
    • Allowing Scores of Motion to Languish
    • Judge attempted to arrogate his own authority by ordering the clerk to return notices of appeals without filing them.

      • intentionally lying and misrepresenting the law;
      • refusing to rule on a motion for a preliminary injunction for more than 15 months;
      • allowing scores of motions to go undecided;
      • and usurping legal authority.
      • The complaint alleges (Core Allegations):
      • intentionally lying and misrepresenting the law;
      • refusing to rule on a motion for a preliminary injunction for more than 15 months;
      • allowing scores of motions to go undecided;
      • and usurping legal authority.
    • See Complaint and Order, Judicial Council Order.

      December 14, 2001, Judge R. Lanier Anderson renders order dismissing the complaint due to:

      The allegations of the Complaint are “directly related to the merits of a decision or procedural ruling”. Additionally, this complainant currently has pending in this court several Petitions for Writs of Mandamus that address this issue. Consequently, pursuant to 28 U.S.C. 372(c)(3)(A) and Addendum Three Rule 4(a)(2) this Complaint is Dismissed.

      When Judge Anderson wrote this order, the Eleventh Circuit had already had denied the mandamus petition, Case No. 01-15754, which he references in his order dismissing this complaint. Consequently, Judge Anderson knows that Judge Graham’s misconduct has not been discussed, much less remedied.


      INTERVENING MANDAMUS

      December 5, 2001, in a terse one page, (Case No. 01-15754), “opinion” denies relief. “The “petition for writ of mandamus and petition for writ of prohibition” is DENIED.”
      January 25, 2002, the Eleventh Circuit refuses to give the basis for its opinion of December 5, 2001 and denies a motion for rehearing or clarification.

      Complaint No. 02-0029

      Judge Graham attempted to use the contempt process to force Mason to drop a lawsuit filed against him.

      In this Complaint, Mr. Mason makes the unsupported allegation that Judge Graham has “improperly and illegally used his office to bring criminal contempt charges against me since the imitation (sic) of my last complaint on February 8, 2002”. Although Mr. Mason does not submit any evidence or documentation in support of his allegation, Judge Graham did in fact issue an Order to Show Cause regarding possible contempt charges against Mr. Mason detailing why Mr. Mason should be charged with criminal contempt, Not one reason cited in this order relates to any complaints having been filed against Judge Graham by Mr. Mason. The allegations that Judge Graham improperly and illegally issued the Order to Show Cause, and that it was issued in retaliation for Mr. Mason having filed complaints against judge Graham are clearly disputed by Mr. Mason’s behavior and obvious disregard for Judge Graham’s Omnibus Order and are “directly related to the merits of a decision or procedural ruling”, Therefore, pursuant to 28 U .S.C. § 372(c)(3)(A) and Addendum III Rule 4(a)(2), this Complaint is Dismissed .

      See Complaint and Order.


      COMPLAINTS FILED IN 2005

      A Series of complaints, Nos. 05-00008, 05-0011, 05-0012, 05-0013, 05-0020, and 05-0021, were filed in 2005. In order to keep Judge Edmondson from viewing allegations of misfeasance, malfeasance, and nonfeasance against Judge Graham in isolation, Mason included the following allegations in all the complaints so that Judge Graham’s record could be viewed in the aggregate.

      Additionally, in 2005, Judge Edmondson knows for certain that Judge Graham has escaped appellate review because the Eleventh Circuit, though fully briefed, refused to discuss whether Judge Graham should have disqualified. Moreover, the Eleventh Circuit declined to discuss the allegations of misconduct and abuse that Mason used to support the thesis that Judge Graham should have disqualified. See, Case No. 01-13664, Unpublished Opinion.


      Complaint No. 05-0008

      Complaint filed January 29, 2005.

      Additionally, Judge Graham knowing falsely created a Civil Justice Act Report that concealed the fact that he had a motion for a preliminary injunction pending for more than 15 months. Judge Edmondson reply to these allegations:

      In this complaint, the single (unsupported) allegation that has not already been determined in previous complaints filed by Mr. Mason against Judge Graham is that Judge Graham intentionally falsified his March 31, 2001, Civil Justice Reform Act Report in an attempt to conceal the fact that he had not ruled on one of Mr. Mason’s motions for over 15 months. Notwithstanding the fact that the motion in question was pending for more than six months, and the fact that the March 31, 2001 report is incorrect, Mr. Mason has not presented any information, evidence or documentation to support his claim to suggest that the omission of this motion on this CJRA report was an intentional attempt by Judge Graham to conceal his failure to rule on the motion. The allegations of this Complaint are “frivolous”, “successive”, and “appropriate corrective action has been taken”. Therefore, pursuant to Chapter 16 of Title 28 U .S.C. § 352 (b)(I)(ii) and Addendum III Rules 4 (b)(3) and (4) and 18(c) this Complaint is DISMISSED.


      Order 05-0011. Complaint No. 05-0011
      Complaint filed January 31, 2005.
      This complaint, in addition to the core allegations, alleges the following:
      Judge Graham has arrogated his own authority, much like Sadam Hussein, Stalin, Hitler, other infamous autocrats and dictators. Specific acts of misconduct committed by Mr. Graham include, but is not limited to the following:
      Concocting a patently illegal injunction or pre-filing screening under the guise of “inherent authority”. See (D.E. 878), URL: http://mmason.freeshell.org/DE-878/de878.pdf.Using this patently illegal injunction to initiate and gain a criminal contempt conviction. Allowing the Eleventh Circuit to use this patently illegal injunction, (D.E. 878), rendered on September 20, 2001 , to affirm the dismissal of a case, 99-14027-CV-Graham, that closed on June 20, 2001. Imagine that! Allowing the Eleventh Circuit to destroy my right under the “rule of law” to appeal this patently illegal injunction, (D.E. 878).Using intimidation by ordering me, Robert Waters, AUSA, Frank Smith, U.S. Probation, and others to come to a “Status/Motion Hearing” on January 9, 2005. Abusing his office and circumventing the appellate process by ordering me not to file any one page requests to file Rule 60(b) motions and refusing to put this illegal order in writing so that it can be challenged on appeal. July 7, 2005, Judge Edmondson answered these allegations:

      In this complaint, there are only two allegations that have not been determined in previous complaints filed by Mr. Mason against Judge Graham. Mr. Mason first complains that Judge Graham issued a verbal order on January 14, 2005, which advised him not to file any further pleadings with the court . Mr. Mason then complains that this order was not in writing to prevent him from filing an appeal. The allegations of this Complaint are “directly related to the merits of a decision or procedural ruling or frivolous or both”, and the allegations of the complaint “lack any factual foundation or are conclusively refuted by objective evidence” . Therefore, pursuant to Chapter 16 of Title 28 U .S .C. § 352(b)(1)(ii) and Addendum III Rules 4(b)(2)(3) and (4) this Complaint is DISMISSED.


      Order No. 05-0012. Complaint No. 05-0012

      COMPLAINT FILED FEBRUARY 7, 2005. SPECIFIC ALLEGATIONS OF MISCONDUCT AND JUDICIAL ABUSE

      1. Mr. Graham abused his office by having the U.S. Marshall, Keith L. Kluttz, come and interrogate me at my home on or about February 5, 2004 when he had no earthly reason to do so.
      2. Mr. Graham abused his office by ordering me to come to “Status/Motion Hearing” on January 14, 2005 on a closed civil case, 99-14027.
      3. Mr. Graham conducted a quasi criminal hearing under the guise or cloak of a “Status/Motion Hearing” in a civil matter. The AUSA and U.S. Parole were attendance at this “Status/Motion Hearing”. I was unrepresented by a competent criminal defense lawyer.
      4. Graham ordered me to answer his intimidating questions in violation of my Fifth Amendment rights. Mr. Graham gave me no warning that my statements could be used against me even though the U.S. Attorney and U.S. Probation were in attendance.

      On January 9, 2005, Mr. Graham concocted what he termed a “Status/Motion Hearing” order. This order was then certified on January 10, 2005 by one of Mr. Graham’s clerks. This order specifically demands that the following individuals be there: Frank Smith, U.S. Probation, Robert Waters, AUSA, Lynn Waxman, Appellate Attorney, Maria Sorolis, counsel for Highlands County. This order was picked up by Fedex on January 10, 2005 and delivered to my home on January 11, 2005. Mr. Graham scheduled this hearing for January 14, 2005 at 15:30 in Fort Pierce. Mr. Graham was already scheduled to be in Fort Pierce on this date. Mr. Graham made no effort to talk to me or my appellate attorney about dates that would be convenient to us. Mr. Graham made no prior contact with me or Ms. Waxman. At this hearing, Mr. Graham made absolutely no mention of the merits of any pending motion in the civil case, 99-14027. Mr. Graham kept saying the case was closed and not to ‘file’ anymore Rule 60(b), Fed.R.Civ.P. motions or requests to file Rule 60(b), Fed.R.Civ.P. motions. Mr. Graham asked U.S. Probation about the terms of my probation. Why is this needed in a civil matter?
      For what purpose did AUSA Robert Waters and US Parole Officer Frank Smith attend a “Status/Motion Hearing” in a civil matter? Mr. Graham has refused to put any of the “commands” he made in writing so that they could be held up to public scrutiny. Mr. Graham felt it important enough to hastily concoct a “Status/Motion Hearing”, but not important enough to memorialize is “commands” to writing. Mr. Graham does not have the legal authority to demand, under the threat of arrest, that I attend a “Status/Motion Hearing” on a closed civil case. Mr. Graham had a deputy US Marshall come by my home and interrogate me without the presence of counsel even though criminal contempt case was pending, Case No. 02-14020-CR-Moore. I was questioned by the U.S. Marshall without benefit of having an attorney present. Mr. Graham had no probable cause to send the US Marshal to my house. The mere fact that Mr. Graham disagrees with my unrelenting attacks on his record and personal integrity is not sufficient reason to “sick the dogs on me”, or US Marshal. The US Marshal’s office is not Mr. Graham’s private police force.
      June 27, 2005, Judge Edmondson states:

      In this complaint, there are four allegations that have not been determined in previous complaints filed by Mr. Mason against Judge Graham. Mr. Mason complains that Judge Graham abused his office by ordering him to appear at a Status/Motion hearing held on January 14, 2005, and that Judge Graham scheduled this hearing without any attempt to talk with him or his attorney about dates that were suitable for them. Mr. Mason also complains that Judge Graham ordered him to answer intimidating questions at this hearing without warning that his statements could be used against him even though the U.S. Attorney and U.S. Probation offices were represented and present at this hearing. Mr. Mason further complains that Judge Graham improperly and without good cause sent the U.S. Marshals as his own private police force.

      The allegations of this Complaint are “directly related to the merits of a decision or procedural ruling”, frivolous”. and the allegations of the complaint “lack any factual foundation or are conclusively refuted by objective evidence” and “successive”. Therefore, pursuant to Chapter 16 of Title 28 U.S.C. § 352(b)(1)(ii) and Addendum III Rules 4(b)(2)(3)(4) and 18 (c) this Complaint is DISMISSED. Order No. 05-0012.

      Complaint No. 05-0013

      Complaint filed February 8, 2005
      In addition to the core allegations, this complaint alleges:
      Mr. Graham abused his office by ordering me to come to a “HEARING ON CONDUCT OF PARTIES DURING PROCEEDINGS” on December 4, 2001 on a closed civil case, 99-14027. The case was closed on June 20, 2001.This case was on appeal since June 25, 2001, consequently, Mr. Graham no longer had jurisdiction over the case. Why do I need to a ““NOTICE OF HEARING ON CONDUCT OF PARTIES DURING PROCEEDINGS” on a closed case? Does Mr. Graham get to order me to come to a hearing anytime he gets ready?
      Judge Edmondson’s reply:

      In this complaint Mr. Mason alleges that Judge Graham abused his office by ordering to appear at a hearing on December 4, 2001, when the case in question, No. 99-CV-14027, was closed and on appeal at the time the hearing was scheduled. The allegations of this Complaint are “directly related to the merits of a decision or procedural ruling”. Therefore, pursuant to Chapter 16 of Title 28 U .S .C. § 352(b)(1)(ii) and Addendum III Rules 4(b)(2)(3) and (4) this Complaint is DISMISSED. Order No. 05-0013.

      Complaint No. 05-0020

      Complaint filed February 16, 2005
      This complaint alleges:
      Judge illegally blocked Mason’s access to the courts by improperly denying motions to proceed without payment, in forma pauperis, on 18 different occasions, while refusing to cite a legal or factual reason for doing so as required by law.
      Graham allowed IFP motions to linger for months in violation of S.D.Fla. Local Rule 7.1.B.3 which calls for a hearing on motion in 90 days. (DE #8, 9-18-2001). Plaintiff’s motion was filed on 3/12/01 (DE #2). It took Graham more than six months to create a reason to deny this motion that was not denied until 9-18-2001. See (DE #8, 9-18-2001).
      Graham deliberately stated misleading facts or outright lied in justifying his injunction of September 20, 2001, (DE 878), by using the very unfiled lawsuits that he denied me IFP status to support this patently illegal injunction . For the purpose of justifying the injunction, (DE 878), Mr. Graham counted the following lawsuits as being “filed”: (1)Case No. 00-14202, (2)Case No. 00-14201, (3)Case No. 00-14116, (4)Case No. 01-14074, (5)01-14078, See pgs. 1-2, DE-878, URL: http://mmason.freeshell.org/DE-878/de878.pdf. Mr. Graham states, “Marcellus M. Mason (“Mason”) has filed eleven (11)cases and/or counterclaims in this District…” According to Mr. Graham’s own definition of “filing”, “A complaint is not considered filed until the filing fee is paid.” See (DE -10) Case No. 00-14201. See also (DE -10) Case No. 00-14202. No filing fee was paid in either of the above cases because Graham arbitrarily denied me the benefit of the in forma pauperis statutes. Using Graham’s own definition there were only 11 minus 5 or 6 lawsuits “filed.” Case No. 00-14240 which Graham also counts was actually filed by Highlands County, not me. Now Graham has only 5 lawsuits filed. Case No. 01-14230 was filed in state court and removed to the S.D. Fla. by Highlands County after Graham crafted the injunction where they knew the case would be assigned to Graham. See Notice of Removal, URL: http://geocities.com/mcneilmason/secret/01-14230/NoticeOfRemoval.pdf. Graham now has only four lawsuits that I filed, not the 11 he concocted. See Litigation Summary, URL:http://mmason.freeshell.org/LitigationSummary.doc . The four remaining lawsuits Case Numbers 99-14042, 99-14257, 99-14314 were consolidated with Case number 99-14027.

      Judge Edmondson’s reply:

      In this complaint Mr. Mason, although worded differently that his previous complaints, re-makes the allegation that Judge Graham denied him access to the courts by summarily denying a string of motions for in forma pauperis and that Judge Graham did not identify either of the only two reasons allowed for such denial. The allegations of this Complaint are “directly related to the merits of a decision or procedural ruling” and “successive”. Therefore, pursuant to Chapter 16 of Title 28 U .S .C. § 352(b)(1)(ii) and Addendum III Rules 4(b)(2)(3) and (4) this Complaint is DISMISSED.

      Order No. 05-0021. Complaint No. 05-0021

      Complaint filed February 19, 2005
      This complaint alleges:
      Mr. Graham should have disqualified himself long before any motion for attorney’s fees had been presented. “Disqualification is mandatory for conduct that calls a judge’s impartiality into question.” U.S. v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. 2001). As this Complaint and previous complaints clearly demonstrate Judge Graham should have disqualified himself because he: (1)he intentionally misrepresented the law; (2)refused to rule on a motion for a preliminary injunction for more than 16 months;(3)usurped legal authority by requiring me to seek the permission of a private law firm to communicate with my government;(4)allowed scores of motions to go undecided; (5)concocted a “pre-filing” injunction;(5)lied on a Civil Justice Act Report;(6)See Section 372(c) complaints docketed under Case Nos. 05-0008, 05-0011, 05-0012, 05-0013, and a complaint dated Wednesday, February 16, 2005 for more reasons Graham should have disqualified. Mr. Graham and his Magistrate awarded the Defendants, Highlands County, a whopping award of $200,000 that he admitted in writing had nothing to do with the law or the “merits”. Mr. Graham even lied in order to award the defendants $200,000 in attorney’s fees. These allegations are fully supported by the following RECORD facts. See (DE #882), URL: http://mmason.freeshell.org/DE-882/de882.pdf . (DE 891), URL: http://mmason.freeshell.org/DE-891/de891.pdf . Judge Graham intentionally lied in order to award attorney’s fees of $200,000. Mr. Graham admitted that he knew the law and was not going to follow it with respect to the awards of attorney’s fees. At page 3 of the Report and Recommendation, Graham and his Magistrate admit that Christiansburg Garment Company v. Equal Employment Opportunity Commission, 434 U.S. 412 (1978) is the standard for awarding attorney’s fees. Mr. Graham and his Magistrate admit that I had no chance of paying $200,000 in attorney’s fees but awarded it to the defendants anyway. After awarding the Defendants $200, 000 in attorney’s fees against me, Mr. Graham then decided to deny me in forma pauperis status to appeal this travesty. Moreover, Mr. Graham refused to offer any lawful reason for denying me IFP status. See (DE #906), URL: http://mmason.freeshell.org/DE-906/de906.pdf . I prevailed on a summary judgment in a lawsuit filed against me by Highlands County and Mr. Graham refused to award me costs of less than $200.00. See (DE #27), URL: http://mmason.freeshell.org/00-14240/de27.pdf ; (DE #33), URL: http://mmason.freeshell.org/00-14240/Doc33/de33.pdf ; (DE #35), URL: http://mmason.freeshell.org/00-14240/Doc35/1.jpg . Judge Edmondson’s reply:

      In this complaint Mr. Mason repeats allegations, filed in previous complaints, that Judge Graham should have recused himself, that Judge Graham refused to rule on several motions, and that Judge Graham required him to seek permission from a private law firm to communicate with his government. The only new allegation in this complaint concerns the attorney fees awarded by Judge Graham to the defendants in the amount of $200,000. Mr. Mason claims Judge Graham lied in order to grant the fees. The allegations of this Complaint are “directly related to the merits of a decision or procedural ruling” and “successive”. Therefore, pursuant to Chapter 16 of Title 28 U .S .C. § 352(b)(1)(ii) and Addendum III Rules 4(b)(2)(3) and (4) this Complaint is DISMISSED.

      Order No. 05-0021.

      What makes this order particularly offensive is that both Judge Graham, for no stated reason, and the Eleventh Circuit, both denied Mason the opportunity to appeal the $200, 000 judgment. The Eleventh Circuit claimed the appeal of the $200,000 attorney’s fees was frivolous without providing a scintilla of evidence to support its mere fortuitous and self-serving conclusion.
      On September 20, 2001, Judge Graham rendered a pre-fling injunction sua sponte, or on his motion and without notice to the litigant Marcellus M. Mason. See Docket Entry Number 878, (D.E. # 878) . Page 3, of this document boldly asserts: THIS CAUSE came before the Court sua sponte.
      EVEN MORE INCREDIBLE IS THE FACT THAT THE ELEVENTH CIRCUIT REFUSES TO REVIEW THIS SUA SPONTE ISSUED PRE-FILING INJUNCTION FOR VALIDITY. SEE mmason.freeshell.org/SuaSponte.htm#AppellateHistory.

  • When Does Judge Graham become Accountable?


    Judge Edmondson’s Attack on the Complainant

    On May 2, 2005, Circuit Judge J.L. Edmondson, Eleventh Circuit, U.S. Court of Appeal stated:

    Of the eight complaints not specifically naming Judge Graham as the complained–of judge, five name judges of this Court who served on panels reviewing Mr. Mason’s appeals — panels that affirmed decisions and rulings by Judge Graham. None of Mr. Mason’s judicial complaints have prevailed. All of the complaints that have been resolved to date have been dismissed for some or all of the following reasons: the complaints were (1) plainly untrue; (2) frivolous; (3) successive; (4) conclusively refuted by objective evidence; (5) lacking in factual foundation; (5) lacking in evidence sufficient to raise an inference that misconduct had occurred; or (6) directly related to the merits of a decision or procedural ruling…Eight of Mr. Mason’s twenty-one judicial complaints are still pending before this Court: Complaint numbers 05-0011, 05-0012, 05-0013, 05-0020, 05-0021, 05- 0022, 05-0023, and 05-0036. Six of those complaints name Judge Graham while the other two name judges of this Court who served on panels that affirmed decisions or rulings issued by Judge Graham. Four of the complaints are, on their face, successive. Accordingly, determination of those eight complaints will be held in abeyance pending the resolution of this Show Cause Order

    See Show Cause Order.

    The Perfect Scam

    IMPORTANT BACKGROUND AND CONCURRENT FACTS

    In order to fully understand the lengths that Judge Edmondson and his cohorts at the Eleventh Circuit are willing to go through to conceal the acts of misfeasance, malfeasance, nonfeasance committed by Judge Donald L. Graham, one must read the opinions in the direct appeal, Case
    No. 01-13664
    and mandamus petition, Case No. 01-15754 (“The “petition for writ of mandamus and petition for writ of prohibition” is DENIED.)in conjunction with the complaints listed below. The Eleventh Circuit does not deny the allegations it simply ignores them. In the direct appeal, the Eleventh Circuit acknowledges that it was briefed on the issue that Judge Graham should have disqualified because of the alleged misconduct, however, it refuses to discuss this issue on appeal (“Mason also raises issues that relate to non-sanction matters, … the denial of his motions to disqualify the district court and magistrate judges,“). Similarly, it refuses to discuss this issue in mandamus petition.

    The Eleventh Circuit and Judge Edmondson employed a perfect strategy to conceal these allegations of misconduct. The direct appeal and mandamus orders are non-published. Neither of these opinions have ever been available in the Court’s database or released. Couple this fact, with the fact that the Judicial Misconduct Complaints are kept confidential no one would ever know save this website.

    It is noteworthy and quite revealing that upon reading the complaints and Judge Edmondson’s replies that he does not deny, because he can not, any of the allegations set forth in any of the complaints below.

    The point of the foregoing is that Judge Edmondson and his cohorts knew full well that when these complaints were lodged that the Eleventh Circuit had already refused to address these allegations in the appellate process. Consequently, there is no remedy for these acts of misconduct and abuse.


    Complaint #01-0054

    This complaint raised the following allegations:

    Complaint No. 01-0054. On November 7, 2001, former Chief Judge R. Lanier Anderson, without denying the truth of the allegations, stated:

    Marcellus M. Mason. Jr. filed this complaint against United States District Judge Donald L. Graham, pursuant to Title 28 U.S.C. § 372(c) and Addendum Three to the Rules of the Judicial Council of the Eleventh Circuit. The allegations of the Complaint are “directly related to the merits of a decision or procedural ruling” and/or ‘Action on the complaint is no longer necessary because of intervening events, and intervening events”. Consequently, pursuant to 28 U.S.C. § 372(c)(3)(A) and (3)(B) and Addendum Three Rule 4 (a)(2), this Complaint is DISMISSED.

    On March 5, 2002, the Judicial Council declined to do a review. See Order.


    Case No. 01-0068

    Complaint No. 01-0068

    Complaint filed on November 27, 2001