This Petition shows that the United States District Court and United StatesCourt of Appeals entered decisions in conflict with this Court and other UnitedStates District Courts and Courts of Appeals on the same important matter. Theaction in the District Court addressed very important Constitutional issues beyondthe facts and parties involved.
1. Statement of the Case
filed a prima facie
complaint in U.S. District CourtDecember 5, 2006 citing Civil and Constitutional Rights violations due to thedenial of due process of law, and violations concerning proceedings in Probate andSuperior Courts.June 2002, DeKalb County Probate Court Clerk Jeryl Rosh,
impersonatinga Judge, with no evidence presented, acting on Officer R. B. Porter’s falsified
Petitioner is a disabled adult male receiving Supplemental Security Income, denied Legal-Aid,Pro Bono assistance, unable to locate an attorney willing to work full contingency and withoutassets to obtain legal counsel, was forced to proceed as
. * Legal-Aid in Georgia is aFederally Funded program, Petitioner qualifies for the program, like most of Georgia’s federallyfunded programs for which Petitioner qualifies and is eligible, he denied. *Adult ProtectiveServices (APS) Georgia Dep’t of Health and Human Services under O.C.G.A. §§30-5-1 – 30-5-10 which is run through DeKalb County Solicitor’s Office’ of “Disabled and Adult ProtectiveServices” and also receives Federal Funding and denied Petitioner assistance.
“the court is under a duty to examine the complaint to determine if the allegations provide for relief on any possible theory.” Bonner v. Circuit Court of St. Louis, 526 F.2d 1331, 1334 (8thCir. 1975) quoting Bramlet v. Wilson, 495 F.2d 714, 716 (8th Cir. 1971). Thus, when a courtentertains to dismiss a pro se action before it, if there is any possible theory that would entitle thePlaintiff to relief, even one the Plaintiff hasn’t thought of, the court must not dismiss the case.
Jeryl Rosh was elected November 2004 to become Judge of Probate Court in January 2005.2