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I sent a lawsuit to the Clerk of the United States District Court for filing on October 21, 2010. It is a lawsuit against nine federal judges. I have charged them with corruption.
Notice of Filing of Verified Complaint
Verified Complaint (less the exhibits that are all orders of the various courts)
The following information is taken from the verified complaint:
“3. Upon information and belief, Federal Judges Orinda D. Evans (“Judge Evans”), William S. Duffey, Jr. (“Judge Duffey”), Joel F. Dubina (“Judge Dubina”), James Larry Edmondson (“Judge Edmondson”), Rosemary Barkett (“Judge Barkett”), Edward Earl Carnes (“Judge Carnes”), Frank M. Hull (“Judge Hull”), Stanley Marcus (“Judge Marcus”), and William H. Pryor, Jr. (“Judge Pryor”) are corrupt and have conspired to damage Windsor.
“4. An online legal dictionary defines corrupt as “having an unlawful or evil motive; especially characterized by improper and usually unlawful conduct intended to secure a benefit for oneself or another.”
“5. This description properly defines these federal judges.
“6. The actions of these judges bring shame on the legal system and the federal judiciary. These officers of the court have conspired to perpetrate fraud directed squarely at the integrity of the decision-making of the federal courts. Intentional misstatements of facts or omissions of material facts with knowledge of falsity, or in reckless disregard for whether statements were true or false have been made.
“7. Judge Dubina, Judge Carnes, and Judge Barkett are the Eleventh Circuit judges who entered an outrageous order against Windsor that led to the improper judgment and writ of execution filed against The Windsors. Their actions violated the Federal Rules of Appellate Procedure and Windsor’s Constitutional rights. Upon information and belief, their actions were calculated and deliberate.
“8. Windsor is involved in several civil actions that relate ultimately to Civil Action No. 1:06-CV-0714-ODE in the United States District Court for the Northern District of Georgia. These actions are about the most fundamental legal issues that exist: justice; honesty; fair play; equal protection; due process; Constitutional protections; the right to a fair trial before an impartial judge; the requirement that witnesses, attorneys, and judges tell the truth; the requirement that witnesses, attorneys, and judges do not violate the laws of the state and the country, abuse litigants, and commit fraud upon the courts.
“9. These actions are about these dishonest federal judges, a judicial system that tramples the Constitutional rights of U.S. citizens, and the failure of the various individuals and authorities established to protect citizens to do anything about this.
“10. The United States government has committed fraud. The government told Windsor that he would be protected by the Constitution. The government knew this was not true. Windsor believed the government. Windsor was not protected, and he was damaged.
“11. The serious issues presented herein came to the attention of Windsor through his experience in the United States District Court for the Northern District of Georgia (“N.D.Ga.”) and the United States Court of Appeals for the Eleventh Circuit (“Eleventh Circuit”). A massive fraud upon the courts has been perpetrated by Maid of the Mist Corporation (“MOTM”) and Maid of the Mist Steamboat Company Ltd (“Steamboat”) (jointly “Maid”), Maid’s Attorneys — Hawkins Parnell (“H&P”) and Mr. Carl Hugo Anderson, (“Mr. Anderson”), and the Defendant Judges.
“12. Some District Court judges in the United States District Court for the Northern District of Georgia (“N.D.Ga.”) ignore the facts; invent their own facts; ignore the Federal Rules of Civil Procedure (“FRCP”), the Local Rules, and the Federal Rules of Evidence (“FRE”); ignore the law; ignore applicable case law; cite erroneous case law; commit perjury by making statements that they know to be false in their orders; violate parties’ rights in any way they can; commit obstruction of justice; and trample the Constitutional rights of litigants without a thought. They manipulate the judicial system to deprive parties such as Windsor of their legal and Constitutional rights.
“13. Some Appellate Court judges in the United States Court of Appeals for the Eleventh Circuit (“Eleventh Circuit”) ignore the facts; ignore the Federal Rules of Appellate Procedure (“FRAP”); ignore the points of error of appellants; ignore the law; ignore applicable case law; cite erroneous case law; issue short, inadequate decisions; do whatever it takes to support their friends at the District Courts; and trample the Constitutional rights of litigants.
“14. The judicial system supports this dishonesty and illegality. The “system” denies any form of valid recourse for an aggrieved citizen.
“15. Aggrieved citizens find it next to impossible to take legal action against judges. Judges ignore perjury. There is no law that permits an aggrieved citizen to sue over perjury. The only recourse against a N.D.Ga. federal judge is to file a complaint with the Judicial Council of the Eleventh Circuit (“Judicial Council”). The complaints must be no more than five pages. The Judicial Council ignores valid complaints and claims there is no proof when there is plenty. The aggrieved citizens have no recourse. Since the Supreme Court isn’t really in the business of correcting errors by the lower courts, the N.D.Ga. and the Eleventh Circuit combine to have tyrannical power.
“16. The Chief Judges of N.D.Ga. and the Eleventh Circuit have ignored the wrongdoing of their fellow judges. Windsor wrote to them to complain. Windsor was ignored. These judges support the wrongdoing, and they actively participate in the wrongdoing.
“17. The Judicial Council (headed by Judge Dubina) ignores the facts; ignores the law; says and does whatever it takes to protect their fellow judges; and tramples the Constitutional and legal rights of U.S. citizens. Windsor filed a complaint against Judge Evans, and it was not pursued. The Judicial Council ignored massive dishonesty and criminal violations.
“18. The United States of America has endorsed violation of the Constitutional protections granted the citizens of the United States that they are supposed to protect.
“19. Since Federal policy is to let the “probably guilty” go free rather than risk allowing law enforcement to break the law, it should be federal policy that judges and government officials who break the law should lose any and all protection.
“20. In an alleged effort to insulate judges from regular legal actions against them, these same judges have obliterated the fundamental rights of U.S. citizens. Judges have been sanctioned to commit crimes and break laws with no concern about consequences.
“21. The Defendant Judges routinely make false statements to avoid dealing with the facts and the law so they may accomplish their own improper purposes.
“22. The Defendant Judges have ignored Windsor’s uncontroverted proof of massive dishonesty in MIST-1.
“23. The actions of these Defendant Judges support perjury, subornation of perjury, Rule 11 violations, obstruction of justice, dishonest parties, dishonest attorneys, and corrupt judges.
“24. By failing to follow proper procedure, Defendant Judges violated Windsor’s civil rights as they have been acting in the absence of all jurisdiction.
“25. Windsor has shown grounds to disqualify the Defendant Judges.
“26. Courts have defined “impartiality might reasonably be questioned” as a “reasonable perception, of a lack of impartiality by the judge, held by a fair minded and impartial person based upon objective fact or reasonable inference.”
“27. ANY doubt regarding whether recusal is required must be resolved in favor of recusal. Section 455 creates a “self-enforcing obligation” for judges to recuse themselves, and doubt regarding whether recusal is required must be resolved in favor of recusal.
“28. Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the federal crime of “interference with interstate commerce”. The judge has acted in the judge’s personal capacity and not in the judge’s judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone’s next-door neighbor (provided that he is not a judge).
“29. The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in Treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce.
“30. The whole idea of justice requires a fair trial with an impartial judge. When the judge is so obviously biased that the judge ignores the facts and the law, invents facts that do not exist in the record, completely ignores charges of hundreds of counts of perjury, ignores the laws regarding summary judgments, consistently violates its own rulings to favor of one party, has extensive ex parte dealings with that party’s attorneys, and does the many other things that Judge Evans has done, it really shouldn’t matter where the bias comes from. In Windsor’s Actions, it was absolutely impossible for there to be a fair trial.
“31. Applying the reasonable person analysis to this situation, any reasonable person would question the impartiality of the Defendant Judges.
“32. This is not the story of one litigant upset with rulings in his case. This is the story of the fantasy of Constitutional rights and justice in the United States federal courts in Atlanta, Georgia.
“33. Windsor hereby reports the crimes described herein to this Court pursuant to 18 U.S.C. § 4 and asks that this information be presented to a federal grand jury. Windsor also hopes that the House and Senate Judiciary Committees will investigate.
“34. Windsor brings this action pursuant in part to 28 U.S. C. § 1331, to redress the deprivation of rights secured him by the Constitution and the First, Fifth, Sixth, Seventh, Ninth, and Fourteenth Amendments to the United States Constitution, and under the Civil Rights Act of 1871, 42 U.S.C. §1983, 42 U.S.C. §1988, and the common law and redressable pursuant to Bivens v. Six Unknown Narcotics Agents 403 U.S. 388 (1971).
“35. This Verified Action includes an independent action in equity for relief from orders, judgments, and injunctions issued in N.D.Ga. Civil Action No. 1:06-CV-0714-ODE (“MIST-1”), Civil Action No. 1:09-CV-01543-WSD (“Deposition Action”), and Civil Action No. 1:09-CV-02027-WSD (“MIST-2″) through fraud upon the courts.
“36. This is also an action for declaratory relief pursuant to Title 28, U.S.C. § 2201 & 2202; for injunctive relief, pursuant to Rule 65 of the Federal Rules of Civil Procedure (“FRCP”); and for other relief. All of the relief requested is itemized in the Prayer at the end of this Verified Action.”
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