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Brief in Support of Void Judgment

Brief in Support of Void Judgment

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Published by Janet and James
Brief in Support of declaring the Superior Court's Order Dismissing with Prejudice Plaintiffs' Complaint. Lists fraud upon the court, due process violations, etc.
Brief in Support of declaring the Superior Court's Order Dismissing with Prejudice Plaintiffs' Complaint. Lists fraud upon the court, due process violations, etc.

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Published by: Janet and James on Mar 01, 2009
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05/10/2014

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IN THE SUPERIOR COURT OF DEKALB COUNTYSTATE OF GEORGIAJANET D. MCDONALD,JAMES B. STEGEMAN,PLAINTIFFSVGEORGIA POWER COMPANY, et., al.,DEFENDANTSCIVIL ACTIONFILE NO: 07CV11398-6PLAINTIFFS’ BRIEF IN SUPPORT OF MOTION TO VOIDTHIS COURT’S JUNE 11, 2008 ORDER DISMISSING PLAINTIFFS’ CASE WITH PREJUDICE
 
 ____________________________________________________________________________ 
COMES NOW Plaintiffs Janet D. McDonald and James B. Stegeman and file
 Plaintiffs’ Brief In Support of Motion To Void This Court’s June 11, 2008 Orde Dismissing Plaintiffs’ Case With Prejudice.
 Both Georgia and Federal law are clear that when a Judge is also a defendant, theJudge must recuse or disqualify themselves. In the case at bar, Judge Becker, the dayafter being served with Summons and Complaint,
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dismissed with prejudice Plaintiffs’complaint against Georgia Power, leaving the counterclaim against them intact.The dismissal was either the act of retaliation under color of law against Plaintiffs
2 
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Judge Becker was named defendant in US District Court action File No.: 1:08-cv-1981-WSD,service was perfected June 10, 2008 the day before she signed the Order dismissing with prejudice Plaintiffs’ complaint against GA Power leaving only the defendant’s counterclaim.
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Mr. Stegeman is Legally Disabled as recognized by Americans with Disabilities Act and SocialSecurity Act, thereby is a member of a protected class of person and is afforded extra protections.State programs which receive Federal funding that should be protecting Mr. Stegeman have beendenied to Mr. Stegeman. Several state and Federal laws have been violated as well.
See
 
for attempting to enforce their Civil and Constitutional Rights;
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or an unfair act of extreme, unreasonable discriminatory/bias/prejudice. The Ruling is without authority andeffect and is not merely voidable, but void.
BRIEF BACKGROUND
After a continuing dispute with Georgia Power, Plaintiffs, one of which is 100%Federally disabled and receives Supplemental Security Income, filed a verified, primafacie complaint October 26, 2007. Georgia Power filed a verified answer andcounterclaim December 3, 2007.
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Plaintiffs moved to strike the verified answers andcounterclaim on March 8, 2008
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due to verification and counterclaim containing perjury/false swearing. Plaintiffs moved to stay discovery and all other processes
Attached “Exhibit I”
3
See
U.S.C. 42 §12203
: “Prohibition against retaliation and coercion”
 
(a) Retaliation No personshall discriminate against any individual because such individual has opposed any act or practicemade unlawful by this chapter or because such individual made a charge, testified, assisted, or  participated in any manner in an investigation, proceeding, or hearing under this chapter.(b) Interference, coercion, or intimidation It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her havingexercised or enjoyed, or on account of his or her having aided or encouraged any other individualin the exercise or enjoyment of, any right granted or protected by this chapter.(c) Remedies and procedures The remedies and procedures available under sections 12117,12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b) of this section, with respect to subchapter I, subchapter II and subchapter III of this chapter, respectively.
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Although the docket reflects the answer and counterclaim was filed December 3, 2007 Plaintiff McDonald called the Court on December 6, 2007 after not receiving an answer and was told byJudge Becker’s Clerk that no answer had yet been filed. This has been brought up several times by Plaintiffs, but they cannot prove what they were told on the telephone by the clerk.
5
The docket reflects the filing of Motion to Strike on March 12, 2008, but Postal records showdelivered on March 8, 2008 and since all of Georgia Power’s filings reflect the day received bythe Court, it would be only fair that Plaintiffs were treated equally. This too has been shown tothe Court and ignored.2
 
 pending Ruling on Motion to Strike
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on March 20, 2008 after being lied to by opposingcounsel and after opposing counsel’s orchestration of a false discovery dispute.Plaintiffs’ Motions went un-addressed by the Court until their case was dismissed with prejudice although opposing counsel had the Court assisting them, setting hearings, andmaking rulings in their favor.Although Plaintiffs repeatedly requested assistance from the Court for thenumerous problems between Plaintiffs and attorney Watt, the Court refused to address the problems. Plaintiffs more than once pointed out discrepancies, and manipulations withinthe Court system, the Court ignored all of Plaintiffs’ requests.After it became apparent that this Court was going to continually aid GeorgiaPower and their attorneys and that Plaintiffs’ Civil and Constitutional Rights under color of law would continue to be violated, Plaintiffs filed the action in US District Court. ThatCourt dismissed under Younger and Plaintiff Stegeman Appealed. The Appeal iscurrently pending in the U.S. Court of Appeals for the Eleventh Circuit.
VOID JUDGMENT
Both Georgia and Federal law are clear that when a Judge is a defendant, theJudge has a personal interest and must recuse or disqualify themselves. In the case at bar,Judge Becker, the day after being named a defendant, dismissed with prejudice onlyPlaintiffscomplaint, leaving the counterclaim against them intact. The dismissal waseither the act of retaliation under color of law against Plaintiffs for attempting to enforcetheir Civil and Constitutional Rights; or an unfair act of extreme, unreasonable
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The defendants never responded to Motion to Strike, they moved for a continuance which was NEVER GRANTED.3

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