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Petition for Writ of Cert United States Supreme Court

Petition for Writ of Cert United States Supreme Court

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Published by Janet and James

Petition for Cert. to US Supreme Court from 11th Circuit Court of Appeals, from US District Court for the Northern District of Georgia Atlanta Division in the case Stegeman v. State of Georgia, at., al.; DeKalb County, et., al.; DeKalb County Probate Court; DeKalb county Probate Court Judge (for acts while Clerk of Probate Court); Lt. Hughett Officially and Individually; D. Carlock Officially and Individually; Officer R B Porter Officially and Individually; State Court of Georgia; DeKalb County Solicitor's Office; Jane Doe 01-100; John Doe 01-100. The case was improperly dismissed according to US v. Georgia and Tennessee v. Lane! It was dismissed for statute of limitations and immunity; and the courts refused to rule on anything that was not barred by statute of limitations.

Petition for Cert. to US Supreme Court from 11th Circuit Court of Appeals, from US District Court for the Northern District of Georgia Atlanta Division in the case Stegeman v. State of Georgia, at., al.; DeKalb County, et., al.; DeKalb County Probate Court; DeKalb county Probate Court Judge (for acts while Clerk of Probate Court); Lt. Hughett Officially and Individually; D. Carlock Officially and Individually; Officer R B Porter Officially and Individually; State Court of Georgia; DeKalb County Solicitor's Office; Jane Doe 01-100; John Doe 01-100. The case was improperly dismissed according to US v. Georgia and Tennessee v. Lane! It was dismissed for statute of limitations and immunity; and the courts refused to rule on anything that was not barred by statute of limitations.

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Published by: Janet and James on Jan 30, 2009
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02/08/2014

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IN THE SUPREME COURT OF THE UNITED STATESPETITION FOR WRIT OF CERTIORARI
Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.
OPINIONS BELOW
The opinion of the United States Court of Appeals appears at Appendix A tothe petition and is unpublished.
JURISDICTION
The date on which the United States Court of Appeals decided my case wasAugust 26, 2008.A timely petition for rehearing was denied the United States Court of Appeals on October 20, 2007 and a copy of the order denying rehearing appears atAppendix B.The jurisdiction of this Court is invoked under 28 U.S.C. §1254(1).
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
Due to length, the controlling Constitutional and Statutory Provisions areshown in Appendix H, pages 1 through 21.
1
 
STATEMENT
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
Petitioner 
1
filed a prima facie
 Pro se
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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,
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impersonatinga Judge, with no evidence presented, acting on Officer R. B. Porter’s falsified
1
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
 Pro Se
. * 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.
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“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.
3
Jeryl Rosh was elected November 2004 to become Judge of Probate Court in January 2005.2
 
Police Report; and without ever being indicted, charged, arrested, never allowed toface his accuser in Court, and without being allowed to present evidence on his behalf, Clerk Rosh declared Petitioner guilty of financial fraud and elder abuse.Probate Court lacked personal and subject matter jurisdiction; Probate Courts inGeorgia lack jurisdiction over criminal matters, and Probate Clerks are not permitted to act when the act is judicial in nature, and not allowed to preside over contested matters.
O.C.G.A. §15-9-36.
“(a) The judges of the probate courts are, …clerks of their owncourts; but they may appoint one or more clerks,… shall alsohave the authority to appoint one of their clerks as chief clerk…(b) The appointed clerks, … chief clerk … may do all acts the judges of the probate courts could do which are not judicial intheir nature and … in which they are authorized to act for the judge …(c)(1) In addition to other powers … the chief clerk of the probate judge or…may exercise all the jurisdiction of the judgeof the probate court concerning uncontested matters in the probate court …”Clerk Rosh revoked an irrevocable Power of Attorney with an interest,appointed County guardian of property John Joyner, for Petitioner’s elderlyincompetent aunt Jean Caffrey. Joyner seized Petitioner’s assets
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and other  property, which included real property that Petitioner possessed property interest.Seven months after Joyner filed a civil action against Petitioner, Ms. Caffrey
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The assets had been in the name of Janet McDonald and James Stegeman Joint Tenants WithRights of Survivorship, the aunt’s name was Geneva S. Caffrey.3

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