Petition for Recusal of Judge Orinda D. Evans – U.S. Supreme Court


I have filed a Petition for Writ of Mandamus with The United States Supreme Court to have Judge Orinda D. Evans disqualified as a judge in any matter involving me..

Petition for Writ of Mandamus to Disqualify Judge..Orinda..D..Evans

The following information is taken from the Petition:

“The underlying civil action is one in which Judge Evans, several attorneys, and five witnesses lied again and again and again to improperly cost Windsor approximately $1.5 million in legal fees and litigation expenses and much more.  (Doc. 364 – Dec#12: ¶¶12007-12014.)  Judge Evans ignored all of the wrongdoing and actively participated in it.

“Maid’s managers committed hundreds of counts of perjury and have conspired with their attorneys to commit fraud upon the courts.  (Doc.377-Amended_Dec#3,Exh.1-28.)  46 of the 50 paragraphs in the Verified Complaint were false or incorrect and/or not based upon the personal knowledge of Glynn.  (Third Amended Declaration of William M. Windsor (“Amended Dec #3″) — Doc.377- Exh.1:Pgs.1-158, Exh. 2.)  Judge Evans ignored it all and claimed there was no proof when anyone who can read can see the overwhelming proof.

“Oaths theoretically require honesty.  Every witness, attorney, and judge swears an oath to the truth.  Attorneys and judges swear to abide by codes of conduct.  But when the witnesses for Maid lied and committed perjury hundreds of times; when their attorneys suborned that perjury; when Maid attorneys violated their oaths and the law for the purpose of committing fraud upon the courts; when Judge Evans actively participated in supporting the wrongdoing; and when all the lies deceived the U.S.C.A. on appeal, and then the U.S.C.A. participated in covering up all of the wrongdoing by Judge Evans, the most basic rights of Windsor were obliterated.

“The lies, false sworn pleadings, false pleadings, and discovery abuse continued throughout this proceeding.  The dishonesty of Maid and Maid’s attorneys was compounded by the bias and corruption of Judge Evans, who committed perjury, committed obstruction of justice by withholding important documents from A&W, violated the rights of Windsor by denying the most basic discovery, acted without the impartiality required of a judge, and much, much more.  Windsor has documented everything.  Evidence consists of the entire Docket, especially Docs. 377-378-462-361-362–363-364-368-374-381-383-385-474-511-515-561-569-571.  Windsor would provide all of this evidence to this Court, but to be honest, he simply cannot afford to do so.  The printing of 50 copies of multiple volumes is simply unaffordable.  If the Court cannot review the documents in Pacer, Windsor is filing a motion to ask if he can submit 50 CD-ROMS.

“On May 12, 2006, Judge Evans signed an Order Granting Preliminary Injunction (the “PI Order”).  (Doc.33.)  The PI Order contains as many as 39 false statements.  As many as 17 of these statements are proven false by the testimony of Maid’s managers.  (Doc.377-Amended_Dec#3-Exh.:Pgs.1-81.)  Judge Evans had the evidence before her, so she was obligated to know the facts.  Judge Evans was subsequently advised by Windsor that sworn affidavits from customers proved that the alleged proof of $100 in damages to “justify” the PI had been proven false, but Judge Evans did nothing. (Doc.174:Pg.31.)

“On August 8, 2007, Judge Evans signed a Summary Judgment Order (“SJ Order”).  (Doc.251.)  As many as 210 of the 416 statements by Judge Evans are false or incorrect or are conclusions based on false statements.  (Doc.377-Amended_Dec#3-Exh.22:Pgs.1-184.)  Judge Evans claimed in the SJ Order that she rejected the statements of fact presented by the parties, so she drafted the facts based on the evidence.  (Doc.251:Pg.3.)  Judge Evans invented facts and made statements that are proven to be false by the evidence.  (Doc.377-Amended_Dec#3, Exh. 22.)

“Judge Evans has shown pervasive bias against Windsor from the first day that she became aware of this lawsuit.  Motions have been denied because of the bias, not based upon the merits or law.

“Judge Evans has twisted the law, rules, and facts to accomplish personal desires and cover up her wrongs and the wrongs of Maid’s attorneys and Maid’s managers.  Windsor filed a verified complaint against Judge Evans in Civil Action No. 1:09-CV-02027-WSD (“MIST-2″) on July 27, 2009.  Violations by Judge Evans are listed throughout Doc. 462 and are highlighted in ¶¶ 2609-2682 of the Verified Complaint.  

“Undeniable proof of false statements in the orders has been documented.  These were material false statements made under the Judge’s oath of office in a federal proceeding.  Judge Evans knew statements that she made were false because she claimed statements were evidence before the Court, and that was clearly not true.

“Furthermore, Judge Evans was on notice that Maid’s statements were false because Windsor informed her at a hearing on February 2, 2007.  [Doc. 174, P 23: 24-25, P 24: 1-7, P 34: 4-7, P 44: 6-8.]  Judge Evans ignored Windsor’s claims of perjury, Rule 11 violations, and subornation of perjury.  Judge Evans issued orders and the judgment based upon perjured testimony.  [Doc. 361 ¶55-56.]

“Judge Evans has committed obstruction of justice.  This is explained in Docket 361 ¶9-12 and Exhibits 2 and 3.  

“The pervasive bias and improper actions of Judge Evans have continued.   On May 22, 2009 in Doc. 390 (“Recusal Order”), Judge Evans made many false statements.  Judge Evans stated under oath as a judge that there is no evidence of bad faith by Maid and Maid’s attorneys.  She stated that Windsor’s motion “is entirely lacking in substantive merit.”  But close to 2,000 pages of sworn testimony and evidence was submitted, and it was not controverted by Maid.  Judge Evans lied.

“Windsor ‘s first motion to recuse was filed on April 24, 2009.  [Doc. #361] and denied on May 22, 2009 [Docket 390].  Windsor filed Appeal No. 09-13086-DD, and the Eleventh Circuit denied the appeal sua sponte claiming it was FRIVOLOUS.  The appeal was anything but frivolous!  Windsor filed a Motion for Reconsideration on September 15, 2009.  

“Windsor’s Second Motion to Recuse Judge Evans was filed on June 24, 2009.  [Doc. 406].  Windsor’s Third Motion to Recuse was filed on July 16, 2009.[Doc 470.] These motions were ignored.  

“28 U.S.C. 455 requires that judges recuse themselves sua sponte whenever appropriate.  Judge Evans has ignored this obligation as well.  

“Judge Evans violated Windsor’s right to an impartial tribunal.  Justices may not sit as adjudicators in cases in which they have an interest, yet Judge Evans did not disqualify herself.

“Detailed background facts regarding professional misconduct of Judge Evans are provided in declarations in Docs. 406,462.  

“The worst of hardships have resulted from the dishonesty in this case.  Windsor has lost approximately $1,500,000.00, have been saddled with an injunction that is a violation of Georgia law, have been defamed, and have lost years of man hours fighting the injustice.  Now others are unfairly using the erroneous decision in this case in litigation against Alcatraz in efforts to “void” O.C.G.A. 43-4B.  None of this should have happened.  The hardship has been extreme, unexpected, unfair, and illegal.  And it continues.

“Windsor is confident that he can prove that federal judges in Atlanta, Georgia are doing everything they can to cover up the illegal acts of Judge Evans and the attorneys in this matter.  Windsor has filed a separate Petition for Writ of Mandamus to disqualify all Atlanta federal judges along with a Motion for an Inter-circuit Transfer.

“Windsor’s sworn declarations under penalty of perjury before a notary have not been controverted with any affidavit of any type.  So all of the testimony provided herein and in the Appendix is uncontroverted by any sworn affidavit of any type.

“A detailed factual background is actually provided in two sworn affidavits provided in the Appendix.”

Windsor is now seeking relief from The United States Supreme Court

Petition for Writ of Mandamus to Disqualify Judge Orinda D. Evans

Appendix to Petition for Writ of Mandamus to Disqualify Judge..Orinda..D..Evans (Recusal of Judge..Orinda..D..Evans) — Volume 1

 Appendix to Petition for Writ of Mandamus to Disqualify Judge..Orinda..D..Evans (Recusal of Judge..Orinda..D..Evans) — Volume 2

Appendix to Petition for Writ of Mandamus to Disqualify Judge..Orinda..D..Evans (Recusal of Judge..Orinda..D..Evans) — Volume 3



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