Does A Mere Clause In a Sentence Represent Meaningful Appeal?

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Justice Turned On Its Head
Judge Donald L. Graham is Above the Law!!!
 

 

Judge Donald L. Graham

 

Point of this Post

The Eleventh Circuit, U.S. Court of Appeal cited a mere clause in a sentence in an unpublished opinion and apparently considered this "meaningful appellate review" of Judge Graham's failure to disqualify. This appeal was captioned under Eleventh Circuit Case No. 01-13364 and Dist. Ct. Case No. 99-14027-CV-Graham/Lynch. This appeal was ultimately concluded with an unpublished opinion that to be kind and civil amounted to nothing more than dishonesty and reckless disregard for the "rule of law". See Undermining An Appeal Right to see other ways this appeal was lawless.

It couldn't be more clear that the Judges at the Eleventh Circuit, U.S. Court of Appeal, are not going to let the "rule of law" prohibit them from achieving their desired outcome-a total vindication of Judge Graham's miscreant behavior. This behavior is fully documented at: http://mmason.freeshell.org/CoreAllegations.htm

Disqualification on Appeal

See Case Background Information.
On March 11, 2002, Marcellus Mason filed a brief with the Eleventh Circuit, U.S. Court of Appeal that stated, among other things, Judge Graham should have disqualified or recused himself. See Appellant's Brief. This brief excoriates Judge Graham and accuses him of the following:

  • Usurping authority by allowing a Magistrate to render an injunction.
  • Usurping authority by prohibiting out of court direct communication with the government
  • Usurping authority by administering the Florida Public Records Act.
  • Intentionally lying and misrepresenting the law.
  • Refusing to rule on a motion for a preliminary injunction that had been pending for more than 19 months.
  • Mismanagement of the Case by Allowing scores of motions and filings to languish without being decided.

These allegations, and others, are fully documented at http://mmason.freeshell.org/CoreAllegations.htm.

 

Meaningless Appeal

On October 16, 2002, Judges Stanley F. Birch, Jr., Susan H. Black, and Stanley Marcus asserted:

“Mason also raises issues that relate to non-sanction matters, e.g., .. the denial of his motions to disqualify the district court and magistrate judges…”

See Opinion, page 10. This is the sum total of appellate review as to whether Judge Donald L. Graham should have been disqualified due to misconduct. The "opinion" is 14 pages long. There is absolutely no discussion as to whether the allegations of misconduct are true or not.

Compare Judge Graham To Judge Duross Fitzpatrick

In Chudasama v. Mazda Motor Corp., 123 F.3d 1353 (C.A.11 (Ga.), 1997), Judge Duross Fitzpatrick, Middle District of Georgia, the district court was excoriated for mismanagement of a case. This case involved the district court's failure to resolve discovery disputes and failure to decide motions. "Failure to consider and rule on significant pretrial motions before issuing dispositive orders can be an abuse of discretion." Chudasama, supra.