Atlanta Clerk and Judges try to Block Filing of Lawsuit against Nine Federal Judges

scales-of-justice-tilting-dreamstime_5451633-192x127There were very interesting developments yesterday in the lawsuit against nine federal judges that I sent for filing to the Clerk of the United States District Court for the Northern District of Georgia. 

I have charged the nine judges with corruption.

This is an excerpt from the Factual Background of the new lawsuit that I sent to the Clerk of the Court for filing on October 26, 2010:

25.    Since 2006, the federal courts in Atlanta, Georgia have committed fraud upon the courts to the detriment of Windsor, and a number of civil and criminal violations have been committed.  Upon information and belief, each of the Defendants have been involved.
26.    Judge Orinda D. Evans (“Judge Evans”) began violating the law and committing fraud upon the courts in 2006.  Judge Duffey began violating the law and committing fraud upon the courts in 2009.
27.    Orders have been issued By Judge Evans and Judge Duffey that have ignored the facts, ignored the law, cited erroneous case law, cited case law that does not support the subject of the citation.  Orders have been issued that contained false statements and perjury.
28.    Upon information and belief, these judges could not act alone in this wrongdoing.  Windsor believes the law clerks of Judge Evans and Judge Duffey had to be involved.
29.    In June 2010, the Clerk of the Court of the United States District Court for the Northern District of Georgia (“Clerk”) became involved in wrongdoing directed at damaging Windsor.  On June 16, 2010, the issued a Writ of Execution without notice to Windsor in Civil Action No. 1:09-CV-01543-WSD. (“Deposition Action”)  Windsor received no notice whatsoever of this from the Clerk, the Eleventh Circuit, the United States District Court for the Northern District of Georgia, or the Plaintiffs in that Civil Action.  (Docket in 1:09-CV-01543-WSD is Exhibit A hereto.)  A Motion for Reconsideration filed by Windsor was pending with the Eleventh Circuit at the time the Writ of Execution was pending.  A Petition for Rehearing En Banc was also filed and pending.  The Writ of Execution should not have been issued without notice to Windsor, and it should not have been issued while appeals were pending.  Windsor paid all necessary filing fees on a timely basis, and he filed all motions and notices on a timely basis.  
30.    There was never a “judgment” issued by the Eleventh Circuit as required by Federal Rules of Appellate Procedure (“FRAP”) Rule 36.  Windsor was never served with a “Judgment” as required by FRAP Rule 36, nor was there ever a judgment issued by the District Court.  The Writ of Execution alleges that Windsor has a debt of $37,333.67 to the United States District Court for the Northern District of Georgia, but Windsor has no such debt.  There is no signature of a judge as is required.  The Court Docket indicates on 6/16/2010 that the Writ of Execution was issued pursuant to the Order of the USCA.  The Order (Exhibit B hereto) provided no such direction to the Clerk of the Court.
31.    The wrongdoing with the judgment and writ of execution was the first wrongdoing of several by the Clerk and the staff of the Clerk.
32.    On September 23, 2010, Windsor had a courier deliver several motions to the Clerk’s office for filing.  The courier with Courier Connection presented the documents to Miss Anniva Sanders.  Though there was no restriction of any type on filing in Civil Action No. 1:09-CV-01543-WSD, she refused to file them.
33.    The courier called Windsor from the courthouse to advise him of the refusal.  Windsor immediately called and spoke to Miss Sanders.  She told Windsor that she had been advised “by Chambers” to refuse to file the motions.  Miss Sanders ultimately told Windsor that he needed to call the Chambers of Judge Duffey.
34.    Windsor spoke to Ms. Birnbaum who advised him that Judge Duffey issued an “oral order” requiring that Windsor first seek request for specific approval before filing anything.  The excuse was that Windsor had requested a stay due to his eye problems, and the case was closed.  As the court Docket shows (Exhibit A), the Plaintiffs were allowed to file Docket Nos. 55, 56, 75, 76, 77, 82, 83, and 84 between June 17 and September 3, 2010 after the case was closed, while Windsor was having eye surgeries, and without any requirement to request specific approval to file.  The Docket also shows that Windsor’s motions for stay Docket 63 (July 19, 2010), Docket 79 (August 6, 2010), Docket 80 (August 26, 2010) were ignored by Judge Duffey.  This is but one of many examples of bias by Judge Duffey.
35.    When the courier returned the motions to Windsor on September 23, he said that when he presented the documents to Miss Sanders, she made a telephone call.  She then informed the courier that she was unable to file the motions on “orders from Chambers.”
36.    Upon information and belief, Ms. Sanders took it upon herself to call Ms. Jessica Birnbaum in Judge Duffey’s Chambers seeking to block Windsor from filing.  Judge Duffey then issued an “oral order” after the fact to justify the refusal by Miss Sanders.
37.    On October 22, 2010, Windsor had a new civil action delivered to the Filing Clerk of the United States District Court for the Northern District of Georgia.  All of the necessary paperwork was in order, and $350 cash for the filing fee was hand-delivered to the Filing Clerk by a courier with Courier Connection.  
38.    Windsor sent a letter with the filing asking the Filing Clerk to call him with the case number and to advise when the signed Summons’ forms would be ready for pickup.  (Exhibit C.)  Windsor also stressed the urgency of his Motion for Temporary Restraining Order and asked that a hearing be set immediately.
39.    Because he had not received a call from the Filing Clerk, Windsor called at 1:25 pm on October 25, 2010 and spoke to Miss Sanders, one of the filing clerks who Windsor has worked with on several trips to the Clerk’s office since 2009.  Windsor asked Miss Sanders for the case number and whether the Summons’ forms were ready.  
40.    Miss Sanders told Windsor: “We haven’t filed anything.  We are waiting for judges’ orders.”  Windsor asked: “What judges?”  Miss Sanders asked Windsor to hold.  After ten minutes of silence, Margaret Callier (“Ms. Callier”) came on the line at 1:35 pm.  She said she was Operations Manager.  She told Windsor: “Your civil action has not been filed yet.  There are people ahead of you.  I don’t know when it will be done.”  Windsor asked who the judges are that Miss Sanders was waiting to get orders from.  She replied: “I don’t know anything about what Miss Sanders did or said.”  Windsor tried to find out what was going on, but Ms. Callier would not provide any information.  She promised to call back before the end of the day.
41.    At 4:56 pm, Ms. Callier called Windsor to advise: “A determination is being made as to whether the new complaint complies with previous orders by Judge Duffey and Judge Evans.”  She said “a judge” was looking at it.  She would not say whether that was Judge Duffey or Judge Evans, both named parties in the new complaint.  She said she couldn’t say who was looking at it.  She would provide no other information.  
42.    Upon information and belief, one or both of Judge Duffey and Judge Evans interfered with Windsor’s filing of the civil action.  Both Judge Duffey and Judge Evans are named parties in the civil action, and they have no business interfering with a lawsuit in which they are defendants.  Upon information and belief, Ms. Birnbaum spoke with Miss Sanders and helped orchestrate the refusal to file.
43.    Both Judge Duffey and Judge Evans have refused to file a number of motions and evidence that Windsor submitted to the courts over the last year and a half.  Rather than ruling on items presented, they just fell into a dark hole.  
44.    Upon information and belief, Jane Doe 1, 2, 3, 4, 5, and John Doe 1 and 2, law clerks for Judge Evans and Judge Duffey, were involved in preparing improper orders used to damage Windsor.
45.    Judge Duffey issued an order on September 23, 2010 in Civil Action No. 1:09-CV-02027-WSD (the same day Windsor’s motions were refused by Miss Sanders) in which he made absolutely false statements, claiming Windsor failed to submit required information to him. (Exhibit D.)  Windsor absolutely sent the required information, and more, to Judge Duffey.  Some was mailed to him.  Some was delivered by courier.  Some was emailed to Ms. Birnbaum, and some was couriered to the Clerk asking that the envelopes be delivered to Judge Duffey.  Upon information and belief, one or more of the following took place: Judge Duffey intentionally lied in the September 23, 2010 order to damage Windsor; Miss Sanders failed to send information to Judge Duffey that was received by the Clerk; Ms. Birnbaum concealed or destroyed emails, letters, and/or deliveries from Windsor.
46.    Windsor comes to this Court seeking a Temporary Restraining Order, preliminary, and permanent injunction to stop the illegal acts of these Defendants and the United States District Court for the Northern District of Georgia.

Notice of Filing of Verified Complaint

Verified Complaint (less the exhibits which are all orders of the various courts)

Notice of Filing of Motion for Temporary Restraining Order

Motion for Temporary Restraining Order

Notice of Filing of Brief in Support of Temporary Restraining Order

Brief in Support of Motion for Temporary Restraining Order

Notice of Filing of Certificate of Interested Persons

Certificate of Interested Persons

Notice of Filing of Motion for Intercircuit Assignment

Motion for Intercircuit Assignment

Notice of Filing of Motion to Approve Evidence

Motion to Approve Evidence

Update at 3:00 pm October 26, 2010:

The courier who took my lawsuit to the Clerk of the Court to be filed today was turned away.  They refused to accept the filing because I sent $360 in cash rather than the exact filing fee of $350.  I didn’t even ask for change!  I guess no one at the Clerk’s Office had anything smaller than a hundred in their pocket….  It will be interesting to see how long they stall this lawsuit against their own staff members.

If the federal judges are so corrupt that they will lie and do whatever it takes to cover-up their criminal violations, I am guessing their employees will not be willing to do the same.  The judicial establishment will have to do everything they can to stop this lawsuit because the clerks may not be so willing to commit perjury, especially when they know I will come after them with everything humanly possible.  Miss Sanders will have to testify about who told her to do what and when.  Judge Duffey’s assistant, Jessica Birnbaum, will have to produce records to show what the judge received and when.  SHE will have to testify that her boss the judge committed perjury in orders because she knows he had documents that he pretended he didn’t receive.

I am perhaps most excited to get to depose the law clerks of Judge Evans and Judge Duffey.  Surely the judges gave them instructions to come up with some cases or rhetoric that would enable the judges to hide the applicable law so they could issue corrupt orders.

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