CONFIDENTIAL
BEFORE THE CHIEF JUDGE
OF THE ELEVENTH JUDICIAL CIRCUIT
Miscellaneous No. 05-0013
Actual
Document PDF file
FILED
JULY 6, 2005
U.S. COURT OF APPEAL.
THOMAS K. KAHN
IN THE MATTER OF A COMPLAINT FILED BY MARCELLUS M. MASON
IN RE: The complaint of Marcellus M. Mason, against Donald L. Graham, United
States District Judge for the United States District Court for the Southern
District of Florida, under the Judicial Conduct and Disability Act of 1980,
Chapter 16 of Title 28 U.S.C. § 351-364.
ORDER
Mr. Marcellus M. Mason filed
this complaint against U.S. District Judge Donald L. Graham pursuant to Chapter
16 of Title 28 U.S.C. § 351(a) and Addendum Ill to the Rules of the Judicial
Council of the Eleventh Circuit,
In this complaint Mr. Mason alleges that Judge Graham abused his office by
ordering him 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) (I)(ii) and Addendum III Rules
4(b)(2) this Complaint is DISMISSED.
Docket No. 05-0013
Tuesday, February 08, 2005
J.L. Edmondson
c/o Thomas K. Kahn, Clerk
Judge
Edmondson, I believe your job is to investigate, not to seek a contrived or
concocted reason for a summary dismissal. However, I have lightened your
load by making all the documentation necessary to investigate this matter
publicly available on the Internet. In general you can visit any of four
different websites for documentation:
(1)http://geocities.com/mcneilmason/ ;
(2)http://donaldlgraham.blogspot.com; (3)http://mmason/freeshell.org;
Moreover, I have cited to the Internet where the appropriate documents can be
downloaded.
Mr. Graham has been accused of: 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. These allegations were specifically mentioned and supported by actual documents in the following cases with the Eleventh Circuit: Direct Appeal, Case No. 01-13664-A, mandamus, Case No. 01-15754, however there is no mention of these allegations in any of these actions. It would appear that a law clerk at the Eleventh Circuit gave himself permission to simply ignore these very serious allegations because they can not be denied. This is unacceptable and simply will not be tolerated. Mr. Donald L. Graham is going to be held accountable for his actions. Please see URL: http://mmason/freeshell.org/refusetodiscuss.html ; and http://mmason/freeshell.org/trickery/trickery.htm. It would appear that the Eleventh Circuit is unwilling to address allegations of misconduct by a federal judge either by the appellate process or by Section 372(c) complaint. Equally important, Congress did make the appellate process and section 372(c) mutually exclusive. Your court has refused to address these allegations of misconduct in all forums, as your court has not found a forum where it wants to discuss and investigate these allegations. What forum will make you and the Eleventh Circuit happy enough to discuss the veracity of the allegations I have made, or have Mr. Graham respond? Answers like the following are insufficient and simply will not be tolerated:
The allegations of the Complaint are "directly related to the merit of a decision or procedural ruling" and or Action on the complaint is no longer necessary because of intervening events, and therefore moot". 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.
There is no such thing as ordering me to come to a “HEARING ON CONDUCT OF PARTIES DURING PROCEEDINGS” on a closed civil case.
Congress
did not intend for Chief Judges to rid themselves of complaints of misconduct
by simply citing, without investigation and substantiation, the summary
dismissal clause of the statute. However, if they did, they should
know. To that end, a copy of this complaint has been mailed to the 2004
Rehnquist-Breyer Commission, the Chairman and ranking
member of both the Judiciary Committee of the House of Representatives and
Subcommittee on Courts, and J. Kennedy and Chief Justice Rehnquist as
well.
NOTICE OF HEARING ON CONDUCT OF PARTIES DURING PROCEEDINGS-
THIS CAUSE came before the Court sua
sponte.-PLEASE TAKE NOTICE that this matter has'
been-set for a hearing before the undersigned, United States District Judge
Donald L. Graham, at the James Lawrence King Federal JusticeBuilding,-
(DE
884).
SPECIFIC
ALLEGATIONS OF MISCONDUCT AND JUDICIAL ABUSE
- 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?
I
don’t know how it could be anymore clear that Mr. Graham used his office
and legal procedures illegally in an effort to intimidate me. However,
having said that, I am going pound away at Mr. Graham’s RECORD.
This Court is powerless to stop the truth of these allegations. The
Eleventh Circuit and individual judges can only ruin its own reputation.
Mr. Graham’s record has been downloaded by every segment of the legal
community. Incidentally, is there some reason why Mr. Graham is not ordered
to respond to any of the allegations being made against him? If the
allegations that have been made against Mr. Graham had been made against me, I
would have responded immediately. Are you and the Eleventh Circuit scared
of Mr. Graham’s answers? Mr. Graham is rogue judge and the whole
legal community knows it.
Sincerely,
Macellus M. Mason
Phone: 863-314-9307
CC:
Chief Justice William H. Rehnquist
Office Of The Clerk
Supreme Court Of The
Washington, D. C. 20543
Justice Stephen G. Breyer
Office Of The Clerk
Supreme Court Of The
Washington, D. C. 20543
Anthony M. Kennedy, Associate Justice
Office Of The Clerk
Supreme Court Of The
Washington, D. C. 20543
Judge J. Harvie Wilkinson III
Judge
Thomas F. Eagleton Courthouse
Room
24.329
Judge
D. Brock Hornby
Judge
Sarah Evans Barke,
105
Sally M. Rider
Office of the Administrative Assistant to the Chief Justice
Supreme
Court of the
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