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Us complaint

Us complaint

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Published by mmason
This is a lawsuit that was filed in the United States District Court, DC District bearing Case No. 08-1143. This lawsuit seeks to have the unpublished opinions of federal courts declared unconstitutional. Unpublished opinions are widely used to justify reaching a desired result or a predetermined result. The Eleventh Circuit, U.S. Court of Appeals has multiple unpublished opinions to keep the abusive and unlawful behavior of a colleague, U.S. Dist. Judge Donald L Graham beyond public scrutiny.
This is a lawsuit that was filed in the United States District Court, DC District bearing Case No. 08-1143. This lawsuit seeks to have the unpublished opinions of federal courts declared unconstitutional. Unpublished opinions are widely used to justify reaching a desired result or a predetermined result. The Eleventh Circuit, U.S. Court of Appeals has multiple unpublished opinions to keep the abusive and unlawful behavior of a colleague, U.S. Dist. Judge Donald L Graham beyond public scrutiny.

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Categories:Types, Research, Law
Published by: mmason on Jul 22, 2008
Copyright:Attribution Non-commercial

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10/28/2012

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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIAMARCELLUS M. MASON, JR.Plaintiff,Vs.THOMAS K. KAHN,In his official capacity as ClerkU.S. Court of Appeals for the 11th Circuit,MICHAEL MUKASEY, in his official capacityas Attorney General of the United States,Defendants
 _____________________________________/
COMPLAINTPRELIMINARY STATEMENT
1.
Plaintiff, Marcellus M. Mason Jr. is United States citizen and is concerned that thepropensity of federal judges to protect one of their own is bringing discredit to the FederalJudiciary. This propensity has created a culture that has made a federal judge virtuallyunaccountable for his or her actions.
2.
Marcellus M. Mason Jr. is concerned that members of the Eleventh Circuit, U.S. Court of Appeals have created a two tiered system of justice. This system is composed of unpublished opinions and published opinions. Published opinions are well reasoned andare dictated by the facts and the law. Unpublished opinions are an underground body of law. Unpublished opinions are results of the desire to reach a predetermined outcome,facts and law notwithstanding. Unpublished opinions are characterized by omissions of material facts and contorted views of the law. Unpublished opinions very often use1
 
truisms to suggest to the reader that a particular event has occurred when in fact it hasnot.
3.
As a result of unpublished opinions, some federal judges are reversed for the exactsame set of pertinent facts that another judge is affirmed for even in the same Circuit andDistrict Court. While the courts involved in this matter have declined to publish their decisions, the Plaintiff has shared their decisions on the Internet at:http://mmason.freeshell.org/ , http://mcneilmason.wordpress.com ;http://donaldlgraham/blogspot.com ; and http://mmason.freeshell.org/blog/ . Massiveemail campaigns that are ongoing and continuing have been instituted that haveinformed the entire legal community of the decisions described herein. References tothese websites maybe easily found in routine searches on the major Internet SearchEngines such as Google, Yahoo, MSN, ask.com, and others. These emails haveincluded almost every federal judge in the entire United States and all former law clerksto at least five sitting U.S. Supreme Court Justices.4.Marcellus M. Mason Jr. has been victimized by the unpublished opinions of the EleventhCircuit, United States Court of Appeals.
5.
A respected jurist, Judge Richard Arnold, warned of the dangers of unpublished opinions.“If, for example, a precedent is cited, and the other side then offers a distinction, andthe judges on the panel cannot think of a good answer to the distinction, butnevertheless, for some extraneous reason, wish to reject it, they can easily do sothrough the device of an abbreviated, unpublished opinion, and no one will ever bethe wiser. (I don’t say that judges are actually doing this–only that the temptationexists.) Or if, after hearing argument, a judge in conference thinks that a certaindecision should be reached, but also believes that the decision is hard to justifyunder 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 sweepingthe difficulties under the rug. Again, I’m not saying that this has ever occurred in anyparticular case, but a system that encourages this sort of behavior, or is at least opento it, has to be subject to question in any world in which judgesare human beings.”1 J. App. Prac. & Process 219 (1999). UNPUBLISHED OPINIONS: A COMMENT, RichardS. Arnold, Copyright © 1999 University of Arkansas - Little Rock School of Law ; RichardS. Arnold.Judge Arnold, now deceased, cannot be resting comfortably. In Anastasoff. v.United States, 223 F.3d 898 (8th Cir. 2000), Judge Arnold and his panel declaredunpublished opinions to be unconstitutional. This opinion was subsequently vacated onother grounds, 235 F.3d 1054 (8th Cir. 2000) by an en banc court.
JURISDICTION AND VENUE
2
 
6.This case arises under the United States Constitution and the laws of the United States,and presents a federal question within this Court's jurisdiction under Article III of thefederal Constitution, 28 U.S.C. Secs. 1331, 1343, and 1361.7.The Court has the authority to grant declaratory relief pursuant to the DeclaratoryJudgment Act, 28 U.S.C. Sec. 2201 et seq.8.Venue is proper in this district under 28 U.S.C. Sec. 1391(e).
THE PARTIES
9.Plaintiff, MARCELLUS M. MASON, JR. (MASON) is a United States citizen residing inSebring, Florida.
10.
Defendant, Thomas K. Kahn, Clerk, U.S. Court of Appeals, Eleven Circuit, 56 Forsyth St.N.W., Atlanta, Georgia 30303.
11.
Defendant, Michael Mukasey, U.S. Department of Justice, 950 Pennsylvania Avenue,NW, Washington, DC 20530-0001, is the Attorney General of the United States.
12.
Defendant, Michael Mukasey, has supervisory authority over the United States Attorney,Southern District of Florida, which included, former U.S. Attorney, Marcos DanielJimenez, S.D. Fla. and AUSA Robert Waters of the Southern District of Florida.
STATEMENT OF FACTS
13.
On or about
February 4, 1999
, Marcellus M. Mason, Jr., hereafter, “Mason”, filed anemployment discrimination lawsuit against Highlands County Board of CountyCommissioners, Heartland Library Cooperative, and other governmental entities andofficials.14.The case number assigned was 99-14027-CIV.
15.
This case was originally assigned to Judge Edward Davis who allowed Mason toproceed in forma pauperis.3

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