Judges ED CARNES: "YOU ARE NOT ENTITLED TO RULING ON YOUR PENDING MOTION"

In Yet Another Landmark "unpublished Opinion", the Eleventh Circuit asserts that a petition for mandamus is frivolous if seeks to force Judge Donald L. Graham to rule on a motion that has been pending for more than 16 months.

HOME | JUDICIAL MISCONDUCT COMPLAINTS AGAINST JUDGE GRAHAM  |JUDGE GRAHAM OVERRULES THE FIRST AMENDMENT |  In Forma Pauperis Mockery| METHODS USED TO UNDERMINE JUDICIAL DISCIPLINE

Justice Turned On Its Head   TABLE OF CONTENTS Purpose No Right To Have Motion Decided RAPID SPEED OF GRANTING DEFENDANT'S PRELIMINARY INJUNCTION COUP DE GRACE Quick History Docket Entries On Motion For Preliminary Injunction     Purpose and Background This web page deals with Judge Ed Carnes' unwillingness to force U.S. Judge Donald L. Graham, S.D. Fla., to rule a motion for a preliminary injunction even after the motion had been pending for more than 15 months. This web page is part of a collection of web pages on this website, mmason.freeshell.org, that documents Judicial Misconduct and Abuse by U.S. District Judge Donald L. Graham and the extreme measures that his colleagues at the Eleventh Circuit, U.S. Court of Appeals will deploy to conceal the egregious conduct of Judge Graham.  The core allegations of misconduct and abuse by Judge Graham are listed and documented at mmason.freeshell.org/CoreAllegations.htm.  There are scores of pages and documents on this website and they are all interlinked.  This website tells a story from many different angles and perspectives.  The page, mmason.freeshell.org/methods.htm,  is a placeholder and a pointer, or a central starting point to other pages that demonstrate that the behavior of a judicial miscreant, Judge Donald L. Graham, that is not remedied by any of the current methods of judicial discipline.  The current methods of federal judicial discipline are: Impeachment Judicial Misconduct and Disability Act Lawsuits Against Judges Appellate Review Summary of the Core Allegations which were before the Eleventh Circuit in all attempts at appellate review includes, but definitely is not limited to, the following: Lying and intentionally misrepresenting law. Refusing to rule on a motion for a preliminary injunction that had been pending for more than 17 months. Allowing scores of motions and filings to languish without being decided.   Usurping legal authority. Allowing a Magistrate to issue an injunction prohibiting direct communication with the Highlands County Government.  Additionally, prohibiting  Marcellus Mason from making public records request under Florida Law directly to Highlands County.  Violating clearly established law and the authority of the U.S. Supreme Court by issuing pre-filing injunctions. Abuse of the criminal contempt procedure.  Judge Graham took a clearly invalid sua sponte issued pre-filing injunction and made it the basis of a criminal contempt complaint and conviction.   Lying and intentionally misrepresenting material facts. Ignoring the U.S. Supreme Court denying access to the courts by refusing to state any reason for denying IFP applications.     NO RIGHT TO HAVE MOTION DECIDED The Eleventh Circuit has virtually ruled that a party does not the have right to have his motion decided.  "His mandamus petition, however, is frivolous because he has failed to establish that he is entitled to mandamus relief to compel the district court to rule on his motion for preliminary injunction." See Order by Eleventh Circuit and Judge Ed Carnes rendered on April 26,2001.  The mandamus petition sought to force U.S. Dist. Judge Donald L. Graham to rule on a motion for a preliminary injunction that had been pending since November 24.1999, Docket Entry No. 39.  Judge Graham never ruled on this motion.   See below for more details. In Baker v. Buckeye Cellulose Corp., 856 F.2d 167 (11th Cir.1988), the Eleventh Circuit held that a plaintiff has a presumption of irreparable harm as a matter of law if the administrative requirements of the EEOC were complied with.   RAPID SPEED OF GRANTING DEFENDANT'S PRELIMINARY INJUNCTION Judge Graham was unwilling to rule on Marcellus Mason's motion for a preliminary injunction, much less grant the motion. However, Judge Graham's Court moved at breakneck speed to grant the Defendant a preliminary injunction.  6/15/00 199 MOTION by Highlands County, Heartland Library, Fred Carino, Mary Myers, Carl Cool for preliminary injunction (cg) [Entry date 06/16/00] 6/19/00 200 RESPONSE by Marcellus M. Mason Jr. to [199-1] motion for preliminary injunction (cg) [Entry date 06/21/00] 6/19/00 201 ORDER granting [199-1] motion for preliminary injunction, Pltf prohibited from contacting Defts and hereby directed to only communicate to Defts' counsel ( Signed by Magistrate Frank J. Lynch on 6/19/00) CCAP [EOD Date: 6/21/00] (cg) [Entry date 06/21/00] 6/19/00  201     ORDER granting [199-1] motion for preliminary injunction,               Pltf prohibited from contacting Defts and hereby directed to only communicate to Defts' counsel ( Signed by Magistrate Frank J. Lynch on 6/19/00) CCAP [EOD Date:  6/21/00] (cg) [Entry date 06/21/00]   Judge Graham's Court was quite willing to grant the Defendant, Highlands County Board County Commission a second preliminary injunction at lightning speed.   7/12/00  231     MOTION by Highlands County, Heartland Library, Fred Carino,       Mary Myers for leave to file renewed motion for  preliminary injunction (cg) [Entry date 07/14/00] 7/12/00  231     Renewed MOTION by Highlands County, Heartland Library, Fred  Carino, Mary Myers for preliminary injunction (cg) [Entry date 07/31/00] [Edit date 07/31/00] 7/25/00  246     ORDER granting [231-1] motion for preliminary injunction denying [234-1] motion for contempt and sanctions ( Signed  by Magistrate Frank J. Lynch on 7/25/00) CCAP [EOD Date:  7/31/00] (cg) [Entry date 07/31/00]   COUP DE GRACE The coup de grace is that these injunctions are illegal since they were granted by a Magistrate, Frank Lynch Jr. Notwithstanding any provision of law to the contrary-(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court except a motion for injunction relief,…” 28 U.S.C. § 636 (b)(1)(A). These injunctions also violate the First Amendment.  See Overruling the First Amendment.       QUICK HISTORY       In Case No. 99-14027-CIV-Graham, Marcellus Mason v. Heartland Library Cooperative, Highlands County Board of County Commissioners, Judge Graham had a motion for a preliminary injunction submitted to him on November 24, 1999.  The motion was pending for more than 19 months as the case was closed on June 20, 2001. At no time during this action did Judge Graham rule on the motion for preliminary injunction or provide any reason why he would not or could not rule on the motion.  Judge Graham was repeatedly asked to rule on the motion, but he refused to do so.  See Preliminary Injunction Litigation Docket Entries History, below.   HISTORY OF LITIGATION ON PRELIMINARY INJUNCTION 11/24/99 39      MOTION by Marcellus M. Mason Jr. for preliminary  injunction relief (cg) [Entry date 11/30/99] 11/29/99 41      Second MOTION by Marcellus M. Mason Jr. for preliminary injunction (cg) [Entry date 11/30/99] 11/30/99 60      ADDENDUM by Marcellus M. Mason Jr. to: [41-1] motion for preliminary injunction (cg) [Entry date 12/02/99] 12/2/99  62      ORDER denying [35-1] motion for status conference to be held Directing Defendants to file Response to [39-1] motion for preliminary injunction relief, motion for preliminary injunction (response due 12/13/99) ( Signed by Magistrate Frank J. Lynch on 12/2/99) CCAP [EOD Date: 12/3/99] (cg) [Entry date 12/03/99] 12/6/99  66      SECOND ADDENDUM by Marcellus M. Mason Jr. to: [41-1] motion for preliminary injunction (cg) [Entry date 12/07/99] 12/9/99  80      Third Addendum by Marcellus M. Mason Jr. to: [41-1] motion for preliminary injunction (cg) [Entry date 12/14/99] 12/16/99 88      RESPONSE (REPLY) by Marcellus M. Mason Jr. to response to [39-1] motion for preliminary injunction relief (cg) [Entry date 12/20/99] 12/20/99 --      Motion(s) referred: [90-1] motion for preliminary injunction referred  to Magistrate Frank J. Lynch, [41-1] motion for preliminary injunction referred  to Magistrate Frank J. Lynch, [59-1] motion to quash subpoenas referred to Magistrate Frank J. Lynch, [59-2] motion for protective order for subpoenas served upon Cellular One and Sprint referred  to Magistrate Frank J. Lynch, [39-1] motion for preliminary injunction relief referred  to Magistrate Frank J. Lynch (cg) [Entry date 12/24/99] 12/22/99 93      ORDER SETTING HEARING Motion hearing  before Magistrate Frank J. Lynch set for 9:30 2/28/00 for [39-1] motion for preliminary injunction relief ( Signed by Magistrate Frank J. Lynch on 12/22/99) CCAP [EOD Date: 12/24/99] (cg) [Entry date 12/24/99] 12/23/99 94      MOTION by Heartland Library, Highlands County, Hardee County, Carolyn Hesselink, Diane Hunt, Fred Carino, Fred Myers, Mary Myers, Carl Cool, J. Ross Macbeth to strike [90-1] motion for preliminary injunction or in the alternative response to plaintiff's third motion for preliminary relief (cg) [Entry date 12/24/99] 12/23/99 95      MOTION by Heartland Library, Highlands County, Hardee County, Carolyn Hesselink, Diane Hunt, Fred Carino, Fred Myers, Mary Myers, Carl Cool, J. Ross Macbeth to strike page four thru page 16 of plaintiff's [88-1] response (reply) to response to motion for preliminary injunctive relief (cg) [Entry date 12/24/99] 2/28/00  --      Motion hearing re: [39-1] motion for preliminary injunction relief Motion hearing held (cg) [Entry date 02/29/00] 2/28/00  160     Minutes of Pltf's motion for preliminary injunctive relief held before Magistrate Frank J. Lynch on 2/28/00; Court Reporter Name: Kathy Enloe (cg) [Entry date 02/29/00] 3/13/00  171     SUPPLEMENTAL Exhibits  by Marcellus M. Mason Jr. to: [41-1] motion for preliminary injunction and pltf's newly acquired evidence (cg) 8/23/00  288     MOTION by Marcellus M. Mason Jr. for expedited ruling on pltf's prior request for preliminary injunction (cg) [Entry date 08/25/00] 9/1/00   295     Notice of filing AFFIDAVIT of Nina St. Germain by Marcellus M. Mason Jr. Re: [288-1] motion for expedited ruling on pltf's prior request for preliminary injunction (cg) [Entry date 09/05/00] 9/7/00   305     MOTION by Marcellus M. Mason Jr. to declare pltf's motion for expedited ruling on pltf's prior request for preliminary injunction (cg) [Entry date 09/08/00] 9/7/00   306     ORDER denying [305-1] motion to declare pltf's motion for expedited ruling on pltf's prior request for preliminary injunction ( Signed by Magistrate Frank J. Lynch on 9/7/00) CCAP [EOD Date: 9/8/00] (cg) [Entry date 09/08/00] 9/8/00   309     RESPONSE by All Defendants  to [288-1] motion for expedited ruling on pltf's prior request for preliminary injunction, [305-1] motion to declare pltf's motion for expedited ruling on pltf's prior request for preliminary injunction (cg) [Entry date 09/12/00] 9/25/00  334     APPEAL to District Judge Graham by Marcellus M. Mason Jr. for reconsideration of [279-1] order denying pltf's motion to rescind order on defts' renewed motion for preliminary injunction for preliminary injunction and deft's motion for contempt and sanctions (cg) 10/10/00 348     RESPONSE by Heartland Library, Highlands County, Fred Carino, Mary Myers  in opposition to [334-1] motion for reconsideration of [279-1] order denying pltf's motion to rescind order on defts' renewed motion for preliminary injunction for preliminary injunction and deft's motion for contempt and sanctions (dg) [Entry date 10/11/00] 10/23/00 374     NOTICE of filing Florida Commission on ethics order of probable cause by Marcellus M. Mason Jr. in support of [333-1] appeal to District Judge of Magistrate's order denying pltf's motion for expedited ruling on pltf's prior request for preliminary injunction (cg) [Entry date 10/24/00] 2/28/01  498     NOTICE of filing exhibit 22 to pltf's statement of undisputed and uncontested material facts in support of pltf's motion for preliminary injunction by Marcellus M. Mason Jr. (Clerk's Notes:  Exhibit #22 was not provided by party) (cg) [Entry date 03/01/01] 2/28/01  499     Notice of filing Appellant's BRIEF for USCA in support of pltf's prior reqest for preliminary injunction. (cg) [Entry date 03/01/01] 3/1/01   507     Statement of undisputed and uncontested material facts in support of pltf's motion for a preliminary injunction by Marcellus M. Mason Jr. re: (cg) [Entry date 03/02/01]4/18/01 4/18/01 668 Second Statement of by Marcellus M. Mason Jr. re: undisputed and uncontested material facts in support of motion for a preliminary injunction and summary judgment (cg) [Entry date 04/23/01] 5/23/01 749 Emergency MOTION by Marcellus M. Mason Jr. for preliminary injunction (cg) 06/20/2001 786 Second emergency MOTION by Marcellus M. Mason Jr. for preliminary injunction (cg, Deputy Clerk) (Entered: 06/20/2001) 06/21/2001 791 ORDER adopting [766-1] report and recommendations granting [646-1] motion for sanctions in the form of dismissal of plaintiff's action, granting [511-1] motion for sanctions in the form of dismissal of plaintiff's action dismissing remaining claims CASE IS CLOSED and all pending motions are DENIED as MOOT (Signed by Judge Donald L. Graham on 6/20/01) [EOD Date: 6/21/01] CCAP (sn, Deputy Clerk) (Entered: 06/21/2001) 06/22/2001   CASE CLOSED. Case and Motions no longer referred to Magistrate. (dr, Deputy Clerk) (Entered: 06/22/2001)