Recently, I mailed a lawsuit against the United States to the Court of federal claims for breach of contract and taking without just compensation. That suit should arrive at the court today. I filed this suit as a pro-se however; This stands as an open offer to any legal firm that wishes to handle the case on a percentage basis. The entire complaint can be read at this link:Breach of Contract as Mailed
For those few who have followed my story and those who are aware of the significance, the complaint is 39 pages long and this post serves as an attempt to provide a brief overview.
While this suit is filed on my behalf, its also on behalf of We The People. Government agencies should not be protected from suit for the operation of a criminal enterprise designed to steal We The Peoples constitutional right to due process in violation of the government and its officers sworn duty to operate legally. The rule of law requires that no one be above the law, not even the king, that the law has been defined before a controversy exists, and that the rights of minorities are protected.
The U.S. Constitution is a law. It proclaims itself as such, in Article V. clause II. “The Supremacy Clause as “the Supreme Law of the Land” The Supreme Law of the Land states only one law twice called due process. Due process dates back to the Magna Carta and the thirteenth century promise of Great Britain’s King John that he would act only in accordance with law and all would receive the ordinary processes of law.
Racketeering is a federal crime as defined by Title 18 Chapter 96 §§1961 – 1968. For a government agency to operate a racketeering enterprise as defined by this federal law is in violation of its constitutional obligation to due process.
Title 18 Chapter 96 in essence provides that “Any” individual whose business or property was harmed by a pattern of racketeering activity by “Any” individual participating in “Any” enterprise in a manner forbidden by §1962 is entitled to bring a civil cause of action in “Any” appropriate United States district court in “Any” district court of the United States for “Any” district in which such person resides, is found, has an agent, or transacts his affairs.” And such an individual is entitled to the recovery of treble damages, costs, attorney’s fees and bringing to bear the pressure of “private attorneys general” on the defendants.
In regards to this Federal Law the United States Supreme Court and US appellate courts have held the following as precedent: 1. A Racketeer Influenced Corrupt Organization (RICO) enterprise animated by an illicit common purpose can be composed of an association-in-fact of government entities and human members when the latter exploits the former to carry out that purpose. 2. The language of §1961(4) unambiguously encompasses governmental units. 3. The substance of RICO’S provisions demonstrates a clear congressional intent that RICO be interpreted to apply to the activities that corrupt public or governmental entities. 4. Congress intended as inducements to achieve the objectives in both the Clayton and Rico acts the provision for the recovery of treble damages, costs, and attorney’s fees and bringing to bear the pressure of “private attorneys general” 5. The object of civil RICO is thus not merely to compensate victims but to turn them into prosecutors, “private attorneys general,” dedicated to eliminating racketeering and a further purpose of encouraging potential private plaintiffs diligently to investigate.
A Congressional committee, the Mayor of Road Island, and the State of Illinois have all been found guilty under RICO of participating in or of being the enterprise through which a RICO enterprise operated. Why would the USDA, NAD, FSA, and affiliated State Mediation programs be protected by immunity when these public entities were not?
When the Federal district Court of Virginia Judge Jackson L. Kiser dismissed my RICO allegations against these entities and, the 4th Circuit court of appeals upheld, it did so under the rubric of sovereign immunity and FTCA. However 28 U.S.C. §2680(a) Specifies a prohibition against using the FTCA to challenge the validity of a statute or regulation. This ruling effectively granted the USDA an opportunity to settle out of court these charges for a sum certain. However, while the law is not a contract, every law is an offer to those aggrieved, to redress the civil wrong, and a notice to the people, certain actions have consequences.
A contract, in the modern sense of the word, has been defined as an agreement containing a promise enforceable in law. The term “agreement” implies that there are at least two parties involved, since one party cannot agree to a proposition unless another party makes it to him. The term further implies that one party proposed a promise or offer to which the other party agreed or accepted. Thus, an agreement is the result of an offer by one party and an acceptance by the other party, which creates a binding contract.
Title 18 Chapter 96 §§1961-1968 establishes the terms of an offer. Section 1964(c) extends this offer to any private citizen granting them a private cause of action with very specific monetary rewards. The Federal District Court of Virginia converted the terms of the offer after its acceptance and reliance on Supreme Court rulings and prior precedent.
The Federal Rules of Civil Procedure (FRCP) has specific terms for the acceptance of an offer made under Federal Law. FRCP 8(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.
“Allegations of the existence of a RICO enterprise must meet only the ‘notice pleading’ requirements of ” Rule 8(a) see https://blueridgesprings.wordpress.com/2015/06/14/dumb-and-dumber-judges-dont-know-english/ for specifics on these quotes by the Governments expert G. Robert Blakey ” RICO’s important role in combating political corruption effectively ends when the court chooses to narrow the broad definition of “enterprise”.
The Federal Court ruled it lacked jurisdiction because the King is immune from suit unless he gives his permission. However, the King cannot knowingly violate federal law, nor can he war against the will of the people as expressed by congressional legislation and legal precedent. To operate within the law, the King must abide by the supreme law.
The Tucker Act of 1887 waives sovereign immunity regarding express or implied contracts with the United States. The posting of an offer explicitly stated with terms in Federal Law and the acceptance of that offer providing monetary relief defined by the Federal Rules of Civil Procedure creates a binding contract from a statute specifying monetary compensation.
Conversion is the unlawful and inequitable alteration of a contract term once an offer has been accepted. Conversion is any unauthorized act that deprives an owner of personal property without his or her consent. I went all the way to the Supreme Court with my dissent of this unlawful conversion.
There is no language in this federal law, or prior precedent of the Supreme Court to suggest this law would not apply to government agencies and their employees. Keep in mind, the operation of a RICO enterprise is a federal crime and in violation of the Supreme Law the constitution, the peoples power over Government. Furthermore, the requirements of evoking the Federal Tort Claims Act converts the terms of the agreement not only by eliminating the express congressional intent for treble damages, cost, and attorney fees as inducement but, also by providing these criminals an opportunity to continue their illegal operation.
The Supreme Court has reiterated countless times, the RICO statute is to be interpreted broadly, liberally, and has no stated boundaries. The Governments expert, G. Robert Blakey a contributing author of the statute argued on the governments behalf “ RICO’s important role in combating political corruption effectively ends when the court chooses to narrow the broad definition of “enterprise”. How then does the Federal Court justify granting this government entity sovereign immunity protection from its contractual obligation to operate legally, within the law, and in violation of the Fifth Amendment take the personal property legally conveyed by an offer explicitly stated in federal law and officially accepted in accordance with the Federal rules of civil procedure? A valid offer, a valid acceptance, a valid contract, and a Government Breach!
Today the Court of Federal Claims should receive a complaint filling suit against the United States Government because, the U.S. Federal judiciary breached the explicit and implied offer of Federal Law between the Government and We The People.
Corruption in the U.S. Government is a terminal cancer and it’s being aided and abetted by the same cancer in the Judicial branches fueled by money and graft.
Elbridge Gerry refused to sign the U.S. Constitution objecting the judiciary would be oppressive.
He was right!
Wake up America the U.S. Government has become an entity of its own, criminally operating in its own self interest with the aid of a judicial branch refusing to hold Government accountable to the law, its constitutional obligation to keep Governments actions in check for protection of We The People. RICO’s important role in combating political corruption effectively ended when the court chose to narrow the broad definition of “enterprise” in my suit against the USDA granting them sovereign immunity protection from this law in direct conflict with its stare decisis and congressional intent.
CBJulian – Pro Se
Update – Interesting perspective on this case. Constitution as Power of Attorney
Watch this Video and then read more of my blog.https://www.youtube.com/watch?v=z8YBXrxgOpo … Andrew Brietbart died of a heart attack at the age of 43? Read a rw article on it:
Update- Case docketed Federal district court of claims Washington D.C. Case # 1:15-cv-01344 EJD
Update: 1-14-2016 Given this case should be of immense public interest i have started a google folder where the fillings can be obtained free of charge by all who wish. Link to Google Drive Folder with court filings and responses on this case.
Assigned Superior Judge Edward J. Damich – ADR Superior Judge Eric G. Bruggink
Update- 1-8-2016 DOJ files motion to dismiss 12b1 and 12b6 and pleading judicial immunity. My questions are. How do you grant immunity to a Federal Judge who aids and abets a Federal Agency in a racketeering operation to steal constitutional rights? With an oath of office to uphold the constitution it seems more like treason. Here is a link to court documents in this case. The Key Documents Chronologically.
Update 1-24-2016 To date the Clerk has not docketed the notice of appearance filed by the attorney for the defense November 23, 2015. Prior experience tells me based on the defense motion to dismiss under 12b & my Pro-Se status the court should have issued a Roseboro notice but did not. Two Motions filed by Plaintiffs on January, 14 2016 also have not appeared on the docket and while the Motion to proceed in forma pauperis is docketed no ruling on it has been issued. It’s beginning to look a lot like the Federal District Court of Claims intends to intentionally deny a private citizen Due Process. Perfect fit with the courts Mandate. “It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same, between private individuals.” Abraham Lincoln.
Update -1-26-2016 There has been no change from the update above. Today I sent a letter via email to my congressional representative petitioning for a congressional hearing. I believe since the Federal Court of Claims was created under Article 1 athourity and is therefore an agent of Congress performing congressional duties they are not providing due process and therefor I’m entitled to petition congress for a hearing. Gmail – Responding to your message
Working on my next bloq post I found it growing rather lengthy, I realize when they get too long people get bored and stop reading, especially mine filled with facts and prose of professional liars. The next post needs a lot of background setup to bring home the point. Buried in those details I had a point to make which I wanted to elaborate on and rather than lengthen the next post i decided to put this one out on the subject.
The Federal Court and the USDA have in court documents made countless derogatory statements about the size of the house we were building on this purposed Farm Winery operation. The size of the house in fact is the sole issue upon which the USDA has gotten the Federal Courts to grant them deference in interpretation of the law to deny our farm loan application.
I could provide numerous examples of the courts and the USDA’s attempts to exaggerate the size and utilization of the house.
Consider this on the house.
- The original design of the house was for 2,400 square feet with a two car garage. We worked every possible angle to keep the garage on the same level as this one level house. The fewer steps into the kitchen with groceries the better when you get old.
- This original design was a modified downsizing of our previous home. It eliminated the dinning room in favor of a larger family room added a mud room and switched which side of the house the master bedroom and bath were on. Minor other changes were made but overall the floor plan was very similar. We changed the elevation to look more like an old farm house than Charleston Low country.
- I have had my legs broken multiple times in my life, Both of my knees are in need of repair. As a consequence of my broken legs one is longer than the other and my hips are also in bad shape. I have for years believed that I will one day no longer be able to walk. This is the reason the house was to have everything on one floor and the doors were all designed to be big enough for a wheelchair to pass.
- In the process of building a road to the property one crew took some measurements of elevation on the purposed house site. The one site with the least disruption to trees etc.for a house. To our dismay the ground had 12 feet of fall from the front right to the back left corner. Consequently, the house would require a substantial crawl space.
- WE looked at every available option to minimize cost while maximizing utilization of the large crawl space. Local building requires a block wall greater than 10 feet be engineered, filled with concrete and rebar. When you consider the cost of block, having it laid, putting in rebar, waterproofing, engineering fees etc. The cost was very high even when you considered framing up sections which could be done that way.
- We chose instead to use 10 foot tall preformed concrete walls from superior walls. The cost of adding windows and doors to these walls was almost offset by the reduction of concrete in them. Overall they offered superior quality for far less cost.
- We informed the Architect that the house would require a basement. He asked us if we ever intended the space to be livable how we would want it laid out. Having never intended for such space pretty much left that to him. Knowing what he was doing he designed it for efficiency. Every label put on the house plans was done by the Architect.
- Yes we knew this was going to be a very large basement. Yes we planed building it the most cost efficient we could while ensuring that longer term it had significant utilization potential. In fact we planned first to use it as an initial site for making wine. We considered finishing parts as living quarters for my aging mother. But you must realize that I spent 10 years working weekends and holiday’s and nights to complete my previous home. All a DIY projects.
Consider this on farming.
- Prior to the Real Estate markets collapse I had bank financing in place to develop this project. Even after the market began its pucker I was able to get financing. For various reason we never used or committed any borrowed capital.
- The land I purchased 23.75 acres i bought with my own capital. when local real estate agents criminally flipped it to me, but that’s another story.
- I worked with and had a road built on the property to take get from the road frontage to the top of the property where the best views of the piedmont were.
- I began farming the Apple Orchard without crop insurance and spent 10’s of thousands in revitalizing it. Along with my own unpaid time utilizing my own Funds. As the Orchard improved I bought a tractor, a bush hog, an air blast sprayer, and several other farming implements and tools and bins for harvest.
- I spent 5 Years farming and preparing this land for the planting of a vineyard, to continue the apple production for the purpose of making hard apple cider and viniferous wines.
- The first year a worthless crop. The second not great damaged by hail all sent to juice. The third year serious hail damage very little crop of any value. Fourth year again wiped out completely by hail. Year 5 our first really good year, high prices no hail, as everyone else got wiped out by frost. Finally a crop sold 90% into the fresh produce market and finally production on which we would now get crop insurance eligibility.
Consider this overall.
- Local officials did everything they possibly could to delay efforts on the road, the well, the septic, the house, There was so much of it the intention was obvious. You’re going to pay the locals 3 times what a job should cost to get these things done or you’re going to be stopped or delayed. Local officials want their share too and by the way the locals don’t have the skills to do the work anyway. This was happening and I had no way to prove anything illegal about this extortion racket. It was the impetuous for my research that led me to the RICO law which I ultimately used against the USDA in my Federal Lawsuit.
- Local Farmers had no interest in helping us with the endeavor, Generally they could not understand what this city fella was doing in the country, and they do not like outsiders, especially not democrats or yankees. Our operation was assisted with numerous thefts, multiple acts of vandalizing farm equipment. This is a community that does not like change or outsiders. If you’re not born here you’re not welcome here.
Consider this about me.
- This land I owned out right with my own hard earned money.
- This Farm I put back into production providing local jobs and hope for a new potential business in rural community in desperate need of jobs and economic stimulus.
- This house I managed just about every crew and aspect of its construction.
- I personally dug footers with a shovel.
- I personally put in the gravel base and drainage.
- I personally installed the plumbing, drainage, radon emission removal,
- I personally back filled around the underground walls with numerous tons of stone and a wheel barrow.
- I personally did the prep-work for insulating,radiant floor heat, and pouring the basement concrete flooring.
- I personally ran the crew and the saw for the framing done to date on this house.
- I personally laid the block walls on the front porch, and garage. and formed and prepared the site for pouring of all concrete, garage, patios, and basement.
- I personally installed the well pump and the wiring.
- I personally built and installed the power poll for the power company.
- I personally, ran the tractor and sprayer through all 5 years of caring for the orchard crop.
- I spent 10 thousand a year on chemicals and fertilizer for this effort.
- I personally, worked my ass off on this place doing whatever needed doing all on my own dime.
Consider this when USDA denied me a farm loan.
- I had put this farm 23 acres back into production and qualified for crop insurance.
- I had personally built a house from the ground up to sheathing the roof.
- I had put in irrigation to reach the planting of a vineyard.
- I had prepared the land, rows, ditching, ground cover, rock removal, and was prepared for the planing of the vines.
- I had cash in the Bank.
- I owned everything except the tractor debt free. I only had a loan on the tractor to keep my credit active.
- My credit was spotless after thirty years without ever so much as a late payment.
- I started construction of the house in 2008.
- In 2009 I talked with the SBA on this Farm winery and cabin rental business proposal and was told I would first need to be declined by the USDA.
- I researched Farm Loan eligibility and found I was not eligible for the following reasons.
- I was able to obtain credit.
- I did not have 3 years of farming experience.
- In 2011 as we marched on our merry way with this business plan the mortgage market had collapsed and in June of that year Dodd Frank was implemented. In October of 2011 USDA altered their handbook guidance on the rules regarding the use of funds to purchase a dwelling.
- In 2012 I learned of the Implementation of Dodd Frank and Reg B. every financial institution informed me then they could no longer lend money against my assets unless I had a job. I thought I had a job. I was running the orchard, the orchard crew, the Framing Crew and personally building a house and managing the finances etc. How was I going to keep doing it and work a full time job? I was trying to build a very large product.
- In the Fall of 2012 I submitted an application for a farm loan. I was now eligible.
- I could not obtain credit elsewhere.
- I had 3 years of farming experience and met all other known requirements.
- November 2012 the USDA denied my farm loan they said for three reasons.
- Because I intended to pay myself to work on these capital improvements, USDA said I was asking for a loan to pay living expenses.
- Because I was asking to pay myself to work I was somehow refinancing debt I did not have.
- The house is to big and therefore not essential to the farm.
- The only one of these to survive a corrupt federal court is my house is to big.
- I WILL ALWAYS CONTEND AND DEFEND THIS IS JUST LIES TO COVER UP FOR GROSS NEGLIGENT, FRAUDULENT, DISCRIMINATORY AND INCOMPETENT PERFORMANCE OF DUTIES BY USDA PERSONNEL.
- There is certainly much more to read on the blog about that.
Consider the Mortgage Collapse.
- Prior to the Financial Mortgage crisis credit for this project was available.
- Prior to the collapse No Doc, Low Doc, lending was available,
- Prior to the collapse you could mortgage the farm to farm.
- Prior to the collapse you could use your land as collateral for construction development.
- Prior to the collapse real estate holdings could be used as collateral for asset based lending.
- AFTER the collapse Dodd Frank was implemented and all these options disappeared.
- The Mortgage Collapse was brought on by Fraud and Negligence in the mortgage market by numerous Financial Institutions.
- Prior After
- Country Wide Financial——————————-> Bank of America
- Washington Mutual ———————————–> J.P. Morgan Chase
- Golden West Financial ——–>Wachovia———–> Wells Fargo
- Meryl Lynch——————————————–> Bank Of America
- Leman Brothers—————————————-> Collapsed
- AIG ——————————————————> AIG
- These institutions have been fined Billions of Dollars and required to provide Billions of Dollars in Mortgage Relief to Investors and borrowers. In blue are links to articles on these settlements.
- The Mortgage Collapse was brought on by Fraud and Negligence in the mortgage market by numerous Financial Institutions.
Consider the outcomes.
I had no mortgage, owed nothing on this farm or the house. I had 5 years of sweat equity in the building of a farm operation a house and a business plan. I had my life’s work invested in this project and I got financially ruined, physiologically raped, robed and had my constitutional rights ignored as a direct result of the mortgage collapse and the implementation of Dodd Frank, the USDA denying me a Farm loan because my house was to big! This folks, is how the U.S. Government is destroying America!
Don’t tell me, I didn’t have enough equity in my project. Don’t tell me, I was under water or upside down on my mortgage. Don’t tell me I wasn’t working hard enough to succeed. Don’t tell me my business plan or model was flawed. Whats flawed is the Governments full of corruption and criminals interested in killing the American Dream. While they enrich the 1% on the backs of all of us working slaves.
Underwater homeowners and those upside down have been given principal reduction. Refinanced into the lowest mortgage rates of the century.
While I got fucked by these financial criminals, corrupt public officials, corrupt General District Courts, a corrupt Federal government, a USDA racketeering enterprise, and a Federal judicial System protecting government criminals.
I had 470,000 in this property in direct cost not including my time, and effort, or any of the farming cost, or any of the cost, of prepping the land for planting, or putting the apple orchard back into production.
NOW consider this!
I’ve pursued justice from the USDA for 3 Years all the way to the Supreme Court and I’ve never gotten a fair hearing.
All because they refuse to admit they made a mistake not granting a $300,000 farm loan entirely for capital improvements against my 470,000 + investment because my house was too big.
Good Fuckin luck on the American Dream given the Governments desire to stop you!
Next post details and evidence of another Federal Crime by a judge in the illustrious judicial system of America.
In this post I used the following references, and as such, I’m relying on their content, This should stand as a good faith effort to ensure this post is within the Law. That is, its legally done. These linked articles are listed in order of relevance and reliance 1.9 Tips To help You UnderStand Criminal Threat Laws by Aizman Law Firm .2. Criminal Threats by Nolo 3. “What are Criminal Threats and The Defences to This Charge” by Greg Hill Associates.
Why would I want to threaten anyone. Well its like this, I’ve been attempting to get justice from the U.S. Government specifically the USDA for almost three years now. I was locked out of the Mortgage market in 2011 as a result of the negligence and fraud of our To Big to Fail institutions, whose criminal activities gave us Dodd Frank legislation. I was told by the SBA I would need to work with the USDA because my business model involved farming. I was forced into homelessness because of criminal negligence, fraud, and discrimination by the FSA a division of USDA. The DOJ, I believe as counsel for USDA began an immediate program of cover up and denial. The NAD also a division of the USDA violated my constitutional rights and the law to protect the USDA from the criminal allegations. I took my case to Federal Court where Superior Federal District Judge Jackson L. Kiser also covered for the USDA with lies, deceit , deception and outright criminal denial of my constitutional rights. The Fourth circuit court of appeals simply passed on these acts without comment and the U. S. Supreme court denied certiorari. Please refer to the earlier blog post for details on these and other allegations I would like presented to a jury. Update March 27 and now once again criminally blocked in the courts by the Just Us System! Case # 1:15-cv-01344EJD the court of No Conscience!
I have from the beginning sought help with these crimes against my family from all of the major media outlets, the ACLU, FBI,CIA, HomeLand Security, my congressman, my senator, the Inspector Generals office other congressmen and senators and even written the President of the United States multiple times. The White house has not responded now after 5 months to my most recent communication. Read the letter on the blog also posted on Whitehouse.gov.
Not one Agency, Not one Media outlet, has attempted to discuss the facts of these allegations with me or anyone in my family. Just like FSA personnel never asked a single question or even pulled a credit report before denying the loan application on a farm I already owned and had put 5 years of work into. Just like the “USDA”Office of inspector General which conducted and closed an investigation of Fraud, Negligence, and discrimination without ever asking me or my family a single question. There’s always two sides to every story!!
I have have been raped by the U.S. Government, robbed by the USDA and the Federal Judiciary the evidence of these facts can be found in the court filings on the dockets for the Federal District Court of Virginia Western District Danville, the fourth circuit court of appeals, and the Supreme court filings. Additionally, I have written and provided evidence of many, but, by no means all of them on this blog.
The USDA, The Federal Courts, and the District courts have committed numerous Federal criminal offenses against me and to date. I have been denied my constitutional rights repeatedly.
- To a fair hearing before an impartial tribunal
- To Due Process
- To Equal Justice Under the law
- To a Trial By Jury as is my constitutional right.
My family and I are suffering daily under these criminal and unconstitutional actions of the U.S. Government and the U.S. Federal Judiciary. I’ve seen the degree to which they’re willing to ignore my constitutional rights and willing to commit criminal acts to do so. I intend to face the Government in Federal Court numerous times in the months, weeks, and years ahead. So I make this threat although, not a criminal one, Ironically for the express purpose of attempting to prevent more crimes against me and my family.
Does this post rise to the level of a criminal threat? Well it’s certainly done in writing and by electronic means. However, It will not be directed at any specific individual, and it will be seriously questionable whether it can be taken as a believable threat. Read on for defense of this argument.
I respectfully request if you’re going to read more of this post you be fair and commit to reading one other Dumb and Dumber Judges Don’t Know English
January of 2014 it seemed clear, the Federal District Court of Danville VA was not a neutral participant as one would expect a Federal Court to be in a civil suit between a civilian and Government employees. Countless circumstantial transgressions of expected decorum had occurred adding up to a lack of fair procedure and the impression due process nor the Federal Rules of civil procedure were being observed. You can see by the blog post in January “Legal Conundrum by Federal Rules of Civil Procedure 5(b)(2)(e)” , “The Weak“, and “Op Ed for the Federal Courts“, not only suspicious of the court’s actions but, actually researching how to file a complaint. A note on the Op Ed. The Wall Street Journal declined to print it. I went back to look at the court’s instructions not long ago and they appear to have been greatly improved since the Op Ed blog post. Hmm?
If you read the blog post beginning with “Corrupt Federal District Court” to “Dumb and Dumber Judges don’t know english” or is that American, you’ll see the belief firmly held the Federal Court was corrupt, biased, arbitrary, capricious and “NOT” in accordance with the law. Additionally, you’ll find examples, precedent, and evidence supporting this fact. Don’t be fooled either these post don’t come close to telling the whole story.
Federal Judges it seems, with life appointments, absolute immunity, and a complaint process no one can figure out, where review falls to peers, are pretty much free to be just as corrupt and fallacious as they wish. This is why, I believe the courts eliminated public rights to, outside the judicial system, convene a grand jury. Judges, lawyers, prosecutors, all in the same fraternity, I’m not sure if it’s true but, I’ve read the origin of the word lawyer came from professional liar.
If you read through the post “The Weak” you will see, at the time my family was struggling to stay warm, fed, and dry. I had just started a new job, first job working for someone other than myself, in just over ten years.
My dogs are family to me. I find most dogs more loyal, friendly, honest, and comforting than most people. With our struggles financially we had long dropped regular visits to the vet. One furry child Panda had begun having frequent epileptic attacks. While this concerned us, and we thought he should see the vet, vet bills seemed a luxury we could not afford. Pandas grandfather had epileptic attacks which eventually subsided with age and had all but gone away. Yes, Panda was a third generation Boston Terrier member of our family.
January 20th 2014 was a cold night spent huddled in front of a roaring fire with knee deep snow on the ground when Panda began having an attack. This one though was different, it did not stop. Usually, they would at least have a brief pause or two before they ended. This was different, no pause at all, everything possible was done to comfort and care for my little buddy Panda, I tried hard to let him know how much I loved him and the pain I was feeling for him. There was no way down the mountain in the dark with knee deep snow, could not have gone anywhere had I been able to get out. Nothing was available to sooth his pain. For over an hour his fit held him non stop, as I held him loving him and attempting to comfort him and keep him from hurting himself his last breath was taken quivering in my arms gasping for air. I placed Panda on his bed from his puppy days, wrapped him in my favorite dog blanket, placed him in a plastic box, and carried him out into the night cold. There would be no burial until the ground thawed.
Absolutely, furious with the criminal, corrupt, heinous malicious way the Government had treated us. From the moment they fraudulently denied the loan application till more than a year later, after more fraud, constant lying by Government personnel, numerous intentional efforts to deny due process, ignoring the law and their own rules, even committing perjury See the blog post Lies, Lying, Liar all in a days work at the USDA. Then a court in which the judge acted and ruled like their defense attorney. I wasn’t sure then, but; I knew something didn’t smell kosher. I had all I could take at the minute, I believe the degree with which I held my composure was actually impressive. After much contemplation I fired off an email addressed to the three individuals who had been negligent, fraudulent, and criminal in the denial of the Farm Loan. It said:
I lost a family member and will for all eternity hold you all personally accountable!!!!! ”
I meant it then, I mean it now.
Within a week I was getting calls from HomeLand Security. I had all the Government relations I ever cared to encounter, still mad and suspect of the judge,I was afraid I might lose my composure so I simply ignored the calls. Then came the threatening one, Mr. Julian the email you sent to FSA could be considered a criminal threat, I want to talk with you. Don’t make me “hunt” you down. We had to put all FSA offices in lockdown. I responded to that call by blocking the phone number permanently. Although, that was not the last time I would hear from Homeland Security. I had absolutely no trust left in Government, or the Judiciary. It had all come to look like a big mafia extortion operation where a civilian’s constitutional rights where just a big hoax and when it comes to the Government the law simply doesn’t apply. It’s quite frightening to find a Federal Judge criminally protecting individuals for crimes.
Having never set foot in a courtroom as anything other than an observer, I was nervous and intimidated by the Court. Judge Jackson l. Kiser made sure I was. I might say something here I’ cannot prove because, I contend the court’s transcripts are not accurate. Specifically, I believe many things Judge Kiser said were intentionally left out or altered in the transcripts. When I went through the transcripts looking for a few specific items which had really caught my attention during the hearing they were not there. I called and asked about what I could do, if I believed they were not accurate and was told, I would have to take that up with none other than Judge Jackson L. Kiser. Well, I knew then this judge was interested in protecting the government and making the claim his words had been altered was not going to improve my standing, I dropped the issue then and there although, I pointed my believes out later.
When Judge Kiser released his first opinion it was obvious the extent he would go to protect criminals in government. The entire opinion was from my perspective written as if by the defendant’s attorney. The thing is entirely written for deceit, deception, intentional misrepresentation and dotted with outright lies and numerous pointed attempts to be intimidating and condescending even when the statements are lame and not in accordance with the law. See the blog post : “A Question of Corruption?” It concerns me greatly to contemplate, how may judicial clerks Judge Kiser taught his criminal methods and behavior to.
Judge Kiser got ticked off when he ASS U ME D I called him a criminal corrupt liar. see blog post Response to Reply for Sanctions. He assumed it then, now I stand by that as a fact, as long as I get to present my evidence to a jury. The way I understand it the greatest defense for libel is that it’s true. But, I won’t settle for letting a judge decide that, the 4th circuit has already shown just what a buddy system the judiciary is. He accused me then of making a veiled criminal threat when I said “May each of you find your place in Hell much sooner than you thought!” see the blog post: Today a special Warm Christmas Cheer!
After Judge Kiser’s assumption, he sent a U.S. Marshall with a summons to appear in court. Interesting thing, spend taxpayer dollars for the sole purpose of intimidation. See, thing is the summons he sent was for a date, and time, for which a court appearance was already scheduled and confirmed. This can be proven by the court docket, unless Judge Kiser has altered that too. Furthermore, If you look at the photo I took of the Marshall delivering that summons you can see I’m holding another court document that shows I was due in court on the same day as the summons in from the Marshall. I also recorded our conversation on the matter. See the blog post “Judge Jackson L. Kiser sends U.S. Marshall with comments on my Blog.”
Well, I have to say heading to court for that final appearance was actually quite frightening, I believed then as I do now, Judge Jackson L. Kiser is a criminal and a corrupt judge. Not much fun to face a Judge you know is venomously mad, and has the power to put you in prison. He used his power – cowardice to repeatedly threaten me with contempt every time I pointed out his transgression of the law and justice. I told the court to make sure that transcript was completely accurate, they responded by not delivering it in time for me to use any of it in my Appeal. Intentional delay? I had requested express delivery but did not receive the transcript timely, were they just being careful ? Love to know the behind the scenes reality of that fact.
The point to this post and the last is setting the stage for the next and then the next, when is a threat actually a criminal offense? These facts, homeland security stating I made a criminal threat, judge Kiser’s statement my christmas cheer could be taken as a veiled criminal threat, sending a U.S. Marshall as intimidation, repeated warnings for contempt, and especially the numerous calls from Homeland Security had me lookup what I could find on what makes a threat criminal?
Hope you’ll read the next post, anatomy of a criminal threat. I promise I’m building up to make an interesting point.
blueridgesprings on instagraham.
On April 27th 2015 the Supreme Court denied Certiorari to petition 14-1051. This Petition ask three questions but the number #1 question was “Is a Racketeer Influenced Corrupt Organization (RICO) Enterprise operating in and by a Federal Agency protected from civil suit for violation of the RICO act 18 U.S.C. 1964(C) for violations of 1961 and 1962 (a-d) by sovereign immunity or by provisions of the Federal Tort Claims Act (FTCA)?
The Federal Court and the appellate court upheld that failure to evoke the FTCA was a fatal flaw in my case. However, Civil Rico is not a suit for any TORT. It requires the commission of multiple felonies or torts to be invoked but, the federal statue states the law applies to the operation of an enterprise defined in 1962 causing damages to an individuals business and property stated in U.S.C.18 1964″ (c) Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee” Additionally, all precedent history indicates an Enterprise to be a separate entity that does not enjoy sovereign immunity protection.
On March 24, 2014 The Federal district court Of VAWD ruled it lacked jurisdiction in the matter because I had not asked the USDA for permission (i.e filed form SF-95 requesting permission of USDA to sue them for being corrupt). The 4th Circuit court of appeals upheld this ruling!. Neither court offered any explanation of any kind as to how this was the case when all the precedent and stare decisis and prior statements of the supreme court were contrary to this ruling. I found no record of any precedent being set for a Federal Agency being charged with violation of this Federal crime nor any suggestion in any case precedent or Supreme Court decision this statute would not apply to the USDA or any other government agency for that Matter
. ” In United States v Angelilli 660 F. 2d 23 the second circuit stated in paragraph 27 available here http://openjurist.org/660/f2d/23/united-states-v-angelilli the following.” 27 ” In sum, we view the language of § 1961(4), defining enterprise, as unambiguously encompassing governmental units, and we consider that the purpose and history of the Act and the substance of RICO’s provisions demonstrate a clear congressional intent that RICO be interpreted to apply to activities that corrupt public or governmental entities. We note that this view is shared by virtually every other court that has considered the question.
” In United States of America v. Lawrence E. Warner and George H. Ryan, Sr. (2007) p 74-75 . The Second circuit addressed Sovereign immunity and provides a significant list of precedent to support that a Racketeering enterprise does not benefit from immunity. ”
This RICO enterprise is operated by the USDA’s budget for risk management. There is nothing wrong per se with having a risk management operation or even a legal risk management operation. There is however, a serious problem with running a risk management operation illegally, and in violation of individual constitutional rights, and in violation of Federal Law with the unlimited financial support of the U.S. Government and the largest Legal firm in the world at your disposal. For the express purpose of denying constitutional rights to due process. It is this very conflict of interest- The DOJ can not prosecute a U.S. Agency for crimes and thats a prosecutorial gap civil rico was designed to remedy.
The USDA uses illegal tactics, illegal processes under the RICO act to operate this enterprise. They further abuse government power in its operation and every legal trick they can pull using federal protections as shields for their corruption. Furthermore, as in my case they have used deference to avoid attaching legal damages to 14 federal violations by a lawyers count. I personally find the count much larger but, I have information he did not.
This illegal unconstitutional racketeering operation is run by the USDA to avoid accountability and responsibility for the criminal acts of its’ employees and the incompetent mis management of the peoples resources. Which their doing with our tax dollars and this whole operation is designed for tranny, oppression and utter despotism of farmers, often poor farmers. The RICO statute 1964(a) grants the Federal Court the right to order “dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons.” Therefore, had the courts heard this case the opportunity existed for the Judicial Branch of Government to preform their duty to the American people and put an end to the executive branches operation of this tyrannous enterprise. An absolute heinous act of terrorism operated by a Federal Agency for its own self preservation to the detriment of farmers and others.
It is precisely the duty of the Federal Courts to apply the law as written and to uphold the constitution of the United States. They are “We The Peoples” only protection from a Government bent on tyranny and oppression. This case lives on and if the Government continues to get its way likely on, and on, and on! It was not dismissed in the Federal Court with prejudice. I would also contend that based on crimes committed by Judge jackson L. Kiser the entire case history is void and unenforceable.
In mid April I delivered my request for permission from this corrupt organization to sue them for being corrupt. See my letter to the President posted on this blog. However, and this is why I’m so bothered by the courts denial of this petition. In making that request Government Form SF-95 I had to sign my name agreeing to accept as settlement a sum certain as stated on Form SF-95. If the USDA now wishes to put an end to this legal battle they can simply pay that sum certain.
The real disappointment here is – then this racket can continue to operate and frankly they will get off much cheaper to just pay me the large sum than to open themselves to the potential litigation that could follow me from all their prior criminal acts the last 3 decades. Consider for a moment they have already settled multiple class action filings for several billion dollars.
Thats why The Supreme Court are Traitors to the American People. They were given the opportunity to potentially do their Job to protect “We The People”: from tyranny and put an end to this heinous, criminal, illegal, and unconstitutional racketeering operation. A Chance to permanently end a reign of terrorism that has punished farmers for seeking help for more than 3 decades, They traitorously passed on it. How many more poor individuals will get raped, robbed and financially destroyed by this oppressive government agency? Because the Federal Courts protected this racket and the Supreme Court decided to let this petition and the USDA’s racketeering operation have a pass to continue on and on until?
If you never heard about the USDA’s despotic history I suggest these articles for a little history lesson.
1. http://old.seattletimes.com/text/2017876971.html From Old Seattle times.
2.http://www.npr.org/templates/story/story.php?storyId=113730694 From National Public Radio/NPR
3. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs141p2_015583.pdf NRCS USDA. Gov
4.http://deltafarmpress.com/white-farmers-suing-usdafsa Delta Farm Press “A particular favorite of mine”
5.http://www.ebony.com/black-listed/news-views/alabama-black-farmers-sue-usda-981#axzz2dehBlOEK “Ebony Magazine “follow the links on this one to more if you like”
I’m interested in any intelligent conversation on this subject. Please feel free to leave your comments!
I believe the Media will not cover this story because they fear retribution in the courts and government. Telling the people their really is no justice system could anger a mob.
Alexander Hamilton wrote in the Federalist essays describing the proposed new constitution.” I am not well versed in history, but I will submit to your recollection, whether liberty has been destroyed most often by the licentiousness of the people, or by the tyranny of rulers. I imagine, sir, you will find the balance on the side of tyranny.”
In June of 1776, delegates of the Virginia Convention adopted a declaration of rights that included the following statement:…In controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.” Less than one month later, representatives of all 13 colonies signed the Declaration of Independence, which cited “depriving us in many cases of the right to trial by jury” – a right granted to every British subject by Magna Carta in 1215 – as one of the chief reasons for breaking with the King and Mother England.”
The Court took this path the BS of jurisdiction to deny a trial by jury as demanded in the original complaint. While I find it interesting the Media will not report on this story. More interesting is the lack of remarks from a single legal pundit!
A blessed warm christmas cheer to the Supreme Court, 4th circuit court of appeals and especially the dishonorable judge Jackson L. Kiser who’s demise I await with great anticipation that I may raise my glass to the glory of God upon his death and drink to his eternal life in Hell!
Christopher B. Julian Pro-Se.
Read the filing Judge Kiser refers to on page 1 Here Reply to Response DeCoster Sanctions.. Pay careful attention to what the filing actually says.
Update 3-3-2016 I invite you to read the blog post to which Judge Jackson L. Kiser has referred in his show cause order. I believe you will find that contrary to his statement of being wholly unsubstantiated in each article the allegations are backed up by supporting documentation and evidence. Secondly, if you carefully read the statement made in the court filing you will see that Judge Jackson L. Kisers allegation I called him and his court criminal and corrupt is not accurate but, was as he runs his court based entirely on his personal assumption and bias. Nowhere in that statement was his name or any reference to his court room made. It’s a statement no different than one repeated countless ways through out the ages on issues with court neutrality and objective application of the law by countless judges.
Update 5-3-2017 It should have been noted long ago. Held infront of the Marshall is a document showing that plaintiffs were already scheduled to appear in court on the date of the Show cause order the Marshall is serving. I.E. Judge Kiser sent the U.S. Marshall purely and solely for the purpose of intimidation.
Really nice public / Government employee rare find in Virginia.
AMERICA COME ON!
What about it America? Should you be required to get permission from a ”corrupt racketeering operation” PERMISSION to sue a racketeer for being a “corrupt racketeering organization”? Is that any kind of logical?
Is the USDA free to run a Racketeer Influenced Corrupt Organization with impunity protected by sovereign immunity? Should we as American citizens not be outraged if that’s the case?
Can you believe the Federal District Court Dismissed 90% of the charges in our case based on a lack of Jurisdiction. Which they grant for failing to request permission from the USDA to file suit against them. From the courts memorandum
of opinion page 15 see Memorandum Of Opinion here.
- BUT We filed this suit not for Negligence, Fraud, Perjury, Discrimination, Denial of Service, Obstruction of Justice, Illegal access of our credit files, or taking money for services never provided.
- But, for Racketeering under Chapter, 18 U.S. Code § 1961 The court acknowledges reading this. IT IS ALSO ON THE CIVIL COVER SHEET AND HOW THE CASE IS DOCKETED ON PACER.GOV. Venue is defined for 18 U.S. Code §1961 in 18 U.S. Code §1965
The US Courts have consistently held that 18 U.S. Code § 1964(c) Applies to Government entities. From the Memorandum to which the court refers above. See it in entirety here
Congress has given Chapter 18 1961 private attorney general status by specifying the payment of attorney’s fees and providing incentive in the form of Treble Damages to private parties in pursuing a suit under this statue. A status vindicating a policy Congress considered of the highest priority.”
Again under 1964(C) Venue is appropriate in any United States District court.
America Come On! If a Federal Statue is viewed by the courts to unambiguously encompass governmental units and the provisions demonstrate a clear congressional intent that RICO be interpreted to apply to the activities that corrupt public or governmental entities. Surely they had no intention that a RICO enterprise inside the US Government would be protected by sovereign immunity. Does the court contend this Federal law does not apply to the USDA or U.S. Government agencies and its personnel? Is the USDA free to run a Racketeer Influenced Corrupt Organization with impunity protected by sovereign immunity? Should we as American citizens not be outraged if that’s the case?
Update 4-24-2017 Yes we should due process requires the government to operate legally and within the law. Running a RICO is in violation of Federal Law. Thomas Jefferson himself described Tyranny as “that which is legal for the government, but illegal for the citizenry”
As to providing the court an argument for an alternative waiver of immunity. They have not allowed a single amendment to the complaint although they instructed us not to make legal arguments, cite statues, or cases in the original complaint. See our blog post on Manifest injustice.
Furthermore as to other crimes “TORTS’ not considered predicates under Rico the courts have held the commission of other crimes are evidentiary in the establishment of a pattern of activity for the furtherance of a RICO’s operations. As to protection from suit for the crimes committed by USDA personnel we have challenged the constitutionality of the FTCA provision requiring permission to sue when the suit is for racketeering.
It is unconstitutional to require a plaintiff to get permission from a ”corrupt racketeering operation” PERMISSION to sue this racketeer for being a “corrupt racketeering organization”? It simply shocks the American conscious to require that we ask a corrupt USDA for permission to sue them for being corrupt. Its manifest injustice.
While the Federal Court references information from the same page in their memorandum “they say” they never saw the constitutional challenge. Furthermore, they ignored all the other challenges to the FTCA found on page 17 (Mem Of Law in Opp to Def Mot to dismiss 17 [ECF 38] ) Under the heading FTCA . Note the reference in the first excerpt above. See it in entirety here Please feel free to read the entire memorandum.
But They never saw it.
They never saw it ?; even though the challenge is under the Heading FTCA and the court cited other statements from the same section. Corrupt Federal Court protecting a corrupt Federal Agency? Who pays the Judges salary?
This court also denies Attorney’s Fees are a valid request although they cite a different statue again not the statue charged in this case.
Come On America Really? No Attorneys don’t get paid for taking a private attorney general role but, I’m not an Attorney I’m a Pro-Se and the Court knows that. Are you going to stand up and help fight this corruption or continue to allow the USDA to run a racketeering operation detrimental to the farming operations of this nation? They have already ruined hundreds of thousands of poor farmers. Tell congress to stop the madness. Read more on USDA civil rights abuse history here.
Find more articles on the USDA’s Civil rights history on our website blueridgesprings.com
- This Court has Created it’s own defense in direct conflict with the evidence. See our Blog Corrupt Federal Court
- Denied the application of Federal Statues for Obstruction of Justice regarding Perjury by a USDA employee. See our Blog Lies, Lying, liar.
- Ignored the Federal Rules of Civil Procedure by not allowing a single amendment to a complaint. See our Blog Manifest Injustice.
- Should this Court and this Judge be added as Defendants for Aiding and Abetting the commission of USDA’s RICO enterprise. By allowing Enterprise personnel to avoid accountability or responsibility for criminal acts? For Aiding the Enterprise in denying our right to present evidence and have a fair unbiased hearing. For Violating our civil right to a fair grievance process?
Federal Rules of Civil procedure say a plaintiffs complaint is to be interpreted in a light most favorable to the plaintiff but, this courts memorandum is written completely in a light most favorable to the defense, almost, as though the defense had written it themselves. On other items reflecting the courts lack of neutrality see our blog “Legal Conundrum Federal Rules of Civil Procedure” More to come on the lack of neutrality in this courts opinion.
The Judge told us in the hearing we needed and attorney. What we really needed was an Honest Judge!
Next post to cover the beginning of our FSA story !
We’re a week away from the due date set by the court for the U.S. Attorney General to reply to the complaint as representation for the USDA. Unlike previously they’ve not called indicating their intent to request a further extension. Therefore, we anticipate some sort of response. None to soon after four months of awaiting a response our mental health grows weak.
The court did not and has not ruled on the Virginia State Attorney Generals offices Motion to dismiss and claim of Sovereign immunity. Given our conundrum explained in the last post. “A Legal Conundrum by Federal Rules of Civil Procedure 5(b)(2)(e)” we’re just not sure really what to make of their silence. I considered a motion for summary judgement but, that would negate a gross negligence charge, and eliminate the potential for discovery. We’d really like to know Who,What,When, and especially Why? By not providing a ruling the court is effectively delaying any requirement for a response. If the court considers the point mute, then we should expect default judgement for failure to respond to the complaint, and failure to set a hearing on the motion which is also not effective for failure to serve. Court Bias Was all of the States move just a red hearing to avoid responding to the complaint? Does that not deserve sanctions? Did the court knowingly aid the State? Court Biased ?
It’s 19 degrees outside. Only heat we have is the fireplace. The temperature dropped to 2 last night. My daughter is complaining of being cold. No wonder in a house without,windows and doors, a finished roof, or insulation. A government agency, grossly negligent, incompetent personnel, fraudulent and criminal behaviors. People lost their jobs, businesses, and lives destroyed; my daughter freezing all because a Government agency wants to deny a loan application because this unfinished self built self funded home is large.
For what we allege are gross negligent, fraudulent, criminal acts by Government employees and racketeering by Government agencies. The Government wants to claim sovereign immunity. We can’t be held responsible or accountable for breach of the laws we enacted because, we’re the sovereign we’re beyond reproach. The land of freedom and democracy with rights protected under the constitution unless of course the Government steals them? Yes America what a wonderful country, or is it one of tyranny and oppression? Just what kind of response will the Department of Justice offer. What will the court do? Regardless we will fight! For truth, honor, and justice – may the unbending sword of truth prevail.
Capitalism, Democracy, Justice, and My Civil Rights!
Blue Ridge Springs Orchard | By, CB Julian
November 18, 2013
Why is my story important to anyone? Because it’s about the failure of the American dream. The government’s involvement in destroying the dream, its potential, jobs, and rural and economic development. A dream that began failing at the hands of corrupt local officials and businesses, its destruction aided by Congresses passage of Dodd-Frank, help denied from the SBA, and alleged illegal acts by government employees. When done by ordinary citizens these alleged torts have legal remedies. However, employees of the USDA and the University of Virginia State Agricultural Mediation Program have protection under sovereign immunity. In this case now in the Federal Court, we ask the court to decide if racketeering under the Racketeer Influenced Corrupt Organizations act ‘RICO’ by an agency and employees of the State of Virginia and the US Government can be absolved by Sovereign Immunity?
What makes this story relevant is the Government’s impediment to small businesses. The pain created by the mortgage mayhem, financial firms’ destruction of wealth, and how Dodd-Frank has been bad for those who had done everything right and now suffer because of the recklessness of others. Three decades of corruption in the USDA and how we allege the Government is abusing power to avoid accountability or responsibility for inept, negligent, corrupt management of the people’s resources. It’s about a difficult labor market and age issues, about whether the judicial system will truly render justice or protect corruption in the bowels of government. It questions how the Department of Justice reconciles the irony of prosecuting citizens for crimes while defending with immunity government employees for the same offenses. How all of this is stealing life, liberty, and happiness from my family and friends.
I never wanted to tell this story. I tried unsuccessfully now for some time to find a writer to do this for me. I really don’t have the time to be doing this at all, although, I still have hope the story ends well, and having written it down will help pander some business success. Furthermore, I hope it will someday provide my young daughter with a picture of her parent’s trials in these difficult days. I don’t think much of my writing abilities. I find it hard work, and in the end, I never find I’ve done it well and I wish I had paid more attention to grammar in school. Over the last year, I’ve been relegated to doing much more of it, for reasons no one wants to have. I have the last year acted as my own attorney, attending mediation, pre-hearing conferences, hearings, doing my own legal research, writing briefs, and presenting this case. Consequently, I’ve spent a great deal of time researching the law, writing briefs, and documenting facts to cross my t’s and dot my I’s. On September 16, 2013, I filed a lawsuit in the Federal District Court of Virginia, Western Division, as a Pro-Se plaintiff i.e. representing myself and my family.
This story spans most of the last decade but I would like to start with some of the most recent events. At the end of last week, I contacted the 4th circuit Federal court of appeals. I asked, how I might file a complaint against the court or judge? I was quickly directed to this website
http://www.ca4.uscourts.gov/rules-and-procedures/judicial-conduct-disability. See Page 2 of Judicial Rules of Conduct. It did not take much reading to tell the Appellate court is not interested in making complaints easy for the average citizen you should check it out. This is one of the most double-speak, most difficult to comprehend set of rules I’ve ever met with. It’s as if to be intentionally stated, to be so confusing it cannot be understood. Just consider the fact stated by the site itself. “Almost all complaints in recent years have been dismissed because they do not follow the law about such complaints.” Perhaps the court should consider whether it has anything to do with the ability of the average Joe to understand the complaint process?
I was able to glean two facts from the site. if you had a complaint it needed to be either about inappropriate behavior by the Judge or it needed to show he lacked the faculties to perform his duties. However, my complaint was neither. Best I could tell the court had not acted inappropriately and I have yet to meet the eighty-four-year-old judge.
My complaint is, as a Pro-Se plaintiff unfamiliar with the court’s regular character, I found repeated actions by the court I felt were prejudicial. To understand this you need a little background. First, the clerk’s office had informed us, that Pro-Se plaintiffs in a civil case were not given access to file electronically nor did the Judge ever grant them representation. Second, as mentioned above the defendants, in this case, are State and Federal employees and therefore, represented by the Virginia State Attorney Generals’ office, and the Virginia Division of the US Attorney generals office, an agency of the US Department of Justice.
We filed our complaint on September 16th, 2013, and waited to receive notice of the defendant’s representation, we expected them to respond to the complaint in 60 days. Did you know Government employees get almost 3 times as much time to respond to a complaint as a civilian? On October 24th in the mail, we received a Roseboro notice from the court. Basically, this notice informs us, if we fail to respond, or reply with an issue outside the complaint it will be subject to summary judgment. Very interesting! What motion we’ve not filed any, nor had we been served with any? A quick check on pacer.gov the electronic system for case management reveals the VA State Attorney General has filed a notice of appearance, a motion to extend the time to respond, and a motion to dismiss the case and declare the defendant has sovereign immunity and the case should be dismissed. Now the thing is they did this and the court approved the motion to extend time, as well as, sent the Roseboro notice without us ever being served with the motions.
The State Attorney General had certified to the court we had been served electronically? However, the court and the clerk should have known this was not possible since they had told us we would not likely be granted access nor had we formally requested it. In the court’s defense, these filings were done electronically.
This then put us in a bind, and request an extension of time to reply, thus extending the defendant’s time to respond, do nothing and ask it be dropped because of failure to serve even though the court had made us aware of its existence, or quickly try to respond appropriately, cover all the basics, and maintain the deadline to file an answer. So we choose the latter responding to the motion and delivering it on the last day the court gave us Friday, October 8th.
On Friday, October 8th the VA, US Attorney General files a motion to extend the time for Federal defendants to file an answer to January 14th, 2014, another 49 days of waiting. He properly served us and we got it in the mail Saturday as we were leaving town. I believed at the time I had 5 days to respond with an opposition. I should mention weeks earlier the assistant attorney general asked if I would object, and I informed him I would. The filing reflected this fact. Well, in this case, the court counts days beginning with the day after the filing and counts every day including holidays. This meant our response had to be in the clerk’s hand by Wednesday, Oct 13th. Monday was a holiday so how could we mail it and ensure it was received in the clerk’s office? Bias Note 1
I wrote the objection, and mailed everyone copies on Saturday night, but, I made the post office in Charlotte, NC at around 7:25pm, and the last pick up on the box was supposed to be 7:30 pm, holiday and all who knows for sure when it went out.
On Sunday, Oct 17th I sent the clerk’s office an email and asked if they could possibly let me know if the motion was received by Wednesday, and if not, I would drive to Danville to get it filed, in time for the dead line. I waited until about 1:00pm on Oct 19th for a reply from the clerk’s office, generally, they’re quite responsive to our questions. Well, not this time, I never did get an answer. That afternoon I drove to Danville to ensure my opposition got recorded in time. Mind you I believed at this point, I’m a day ahead of the deadline. As I gave the motion to the clerk and explained they should ignore the one coming in the mail, I was handed an envelope by the clerk I had written the email to, in it was the Judge’s order approving the US Attorneys’ motion to extend time. Bias Note 2 the motion showed we had an objection, but the court approved it without giving us a single day open at the clerk’s office to file an objection. Bias Note 2
A review of local court rules says the Judge can approve whenever he wants to and you need to file a motion to have any orders reconsidered. Once, again it was as if the court were giving preferential treatment and ignoring any objections we might pose outright.
From our perspective, the State Attorneys response’s were interesting as was the US Attorney’s filing notice of appearance after getting the motion approved and our contacting the Appellate court. As of today, we are awaiting the court, the decision on the State Attorney’s motion to dismiss and our objection thereto although, we would not be surprised to see the State motion for another extension after all the Government got one until January 14th, 2014. This will of course depend on the court ruling on their motion.