Thursday, November 24, 2011

Wednesday, November 2, 2011


What does the expression LOCKING ARMS mean?   During our intense suffering for nearly seven years, we've come across this expression referring to Lawyers and judges allying themselves together in the legal profession to defeat anyone they stand against.  This can be achieved to promote injustice despite wrongs committed.  However, our call today is different.  We're calling African-Americans to lock arms against injustice and unfairness in the land to assist the High Court in making decisions to deter and prevent damages and hardships to women, African-Americans, senior citizens, minorities etc.   We need to see justice more than ever before instead of mere pontifications.  During our seven years of suffering and intense hardships due to the actions of the Walton County, it was interesting to discover how officers of the court and judicial officers even in Federal court can lock arms to the detriment of the public.  We discovered why justice can be slighted and fairness can be eradicated in the best judicial system in the world as is the one found in America.  It is about time that something serious is done to cleanse our democratic system.  We believe that it will take a Divine intervention to reach that point, and we also believe that the human must cooperate with the Divine to achieve success in that endeavor.  So, after nearly seven years of intense suffering, and all possible efforts to resolve things amicably, we are bringing the TEN ALLEGED FRAUDS UPON THE FEDERAL COURT for your opinion.   Each one of them has its separate evidence to support our claims.

This is an unprecedented Federal case #3:06cv95 at the Trial Court and 09-12234 at the Appellate level.  The case entails our Real Properties lost causing severe injury in damages and collateral damages exceeding $15MM to us, Pro Se plaintiffs.  The case has been butchered beyond recognition and metamorphosed to another style we do not recognize.  The judicial system has been vitiated by these proceedings against us African Americans, husband and wife for more than thirty years.  This particular property was so appealing in its castle-style that the Donald Trump financing division wanted to finance the whole project except that the illegal Stop Work Orders placed by the Walton County, nullified the property and the national project we anticipated, while we were in talks with Morgan Stanley Dean Witter in the State of Georgia for a possible IPO upon completion of the project and the two years required by the Securities Exchange Commission.  

On or about September 21, 2011, we the African American plaintiffs filed our alleged TEN FRAUDS UPON THE COURT in Florida for what we viewed as a Judicial System vitiated by inconsistencies and irregularities that are crippling the system and hindering it from finding justice as exhibited below after nearly seven years of our exemplary patience.  We, Pro Se plaintiffs, in desperate need of relief, respectfully request that the Scholars and Justices of the UNITED STATES SUPREME COURT enforce the POWERS of the high court to halt the excruciating and torturous pain, hardship, damage and demise of an African American family facing the absence of justice and its appearance while standing with the undaunted courage of truths.  We were damaged and injured as recognized by the lower court in bankruptcy proceedings and about five foreclosures.  This case is even more interesting, for we passed the test of Constitutional Standing as applied by the trial court, yet the court apparently and for some unknown reasons which we alleged as FRAUD UPON THE COURT, refused  to obey the rules of the SUPREME COURT as laid down for the public in plaintiffs' view and despite plaintiffs' injuries for nearly seven years, the lower court on or about September 2011, called the case frivolous.  We view this as a mockery to our affliction that the Walton County imposed on us.  So, we are stuck in a legal maze and technical complexity while missing our jobs, livelihood, property, property rights along with our fundamental rights.  We, as African-American citizens and tax payers, must rally together and demand justice. 

What is FRAUD UPON THE COURT?   FRAUD UPON THE COURT as understood by Pro Se plaintiffs,  is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function, thus where the impartial functions of the court have been directly corrupted."  Plaintiffs further understand that only officers and Judicial Officers of the court can commit FRAUDS UPON THE COURT.  FRAUD UPON THE COURT is further explained by the Court in Bulloch v. United States 763 F.2d 1115, 1121 (10th Cir. 1985).  More over, FRAUD UPON THE COURT has been defined by the 7th Circuit Court of Appeals to embrace that species of fraud which does, or attempts to defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication."  Kenner v. C.I.R. , 387 F.3d 689 (1968).    Furthermore, we the plaintiffs understand that the FRAUDS must be intentional and detrimental to be relevant to our case.  It is with this in mind that we alleged TEN FRAUDS UPON THE COURT in Northern Florida:  

ALLEGED FRAUD #1) UNAUTHORIZED APPEARANCE OF WITHDRAWN and TERMINATED ATTORNEY (POST SUMMARY JUDGEMENT) Are you safe talking to your lawyer?   We need to lock ams against injustice in the land, this is unfair.

ALLEGED FRAUD #2) SUMMARY JUDGEMENT ENTERED WITH DISPUTED MATERIAL FACTS (PRE-SUMMARY JUDGEMENT)  Are all judgements right in your sight?  African Americans are not safe in the midst of such frauds and injustice, we need to lock arms against unfairness.

ALLEGED FRAUD #3) THE TRIAL COURT ABORTED TWO SCHEDULED TRIALS WITH FINAL ORDERS DEFIANTLY  (PRE-SUMMARY JUDGEMENT)  Wouldn't it be easier to have a jury trial in 2007 than to drag this case to where it is now and still be unjust and unfair?  Isn't it time to lock arms as members of the protected class?

ALLEGED FRAUD #4) COMMISSIONER'S INVOLVEMENT AND OMISSION (NEW EVIDENCE PRE-SUMMARY JUDGEMENT)  None is above the law.  So, why are some exempted from facing the law?    If the law is for African Americans, it should apply also to everyone.

ALLEGED FRAUD #5) THE DISTRICT COURT NEGATED EXTORTION BY A MINOR GOVERNMENT TO EXTINCTION (NEW EVIDENCE PRE-SUMMARY JUDGEMENT)  We understand EXTORTION TO MEAN as defined by FINDLAW "the gaining of property or money by almost any kind of force, or threat of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action. While usually viewed as a form of theft/larceny, extortion differs from robbery in that the threat in question does not pose an imminent physical danger to the victim."  That is exactly what the Walton County did to African American plaintiffs.  Is this fair or unjust?  

ALLEGED FRAUD #6) THE TRIAL COURT NEGATED THE RESCISSION OF A PREDICTABLE ESTOPPEL LETTER TO EXTINCTION (PRE-SUMMARY JUDGEMENT) while the 11 Circuit Appeal court stated to our understanding that "Although there was UNFORTUNATE CONFUSION with respect to the initial permission of the wall and the later withdrawal thereof"  Meaning, the Walton County broke their words to the detriment of the African American plaintiffs.  We beseech the High Court with its national jurisdiction to intervene and restore justice for the public in America.  Can a minor Government lie to citizens overtly and expect to be right in the end?  We need to protect ourselves all, whites and blacks, males and females, rich and poor, we are all affected by this decision.    

ALLEGED FRAUD #7) THE TRIAL COURT NEGATED ALL DISCRIMINATION IN THE CASE TO EXTINCTION.  (PRE-SUMMARY JUDGEMENT)  The lower court stated in writing that the area where that case took place was "HISTORICALLY RACIALLY SEGREGATED" then, negated all racial segregation to extinction as though the sole African American real estate developers on the gulf of Mexico in Florida, had no rights to be members of the "Protected Class."  That's not right.  In our opinion, the Supreme Court and the President of the United States must hear this expeditiously to restore the level playing field and the check in balances our democratic system can deliver.  Don't you think? 

ALLEGED FRAUD #8) THE FEDERAL COURT  NEGATED ALL TAKINGS TO EXTINCTION WHETHER TEMPORARY, PERMANENT , REGULATORY, OR PHYSICAL (PRE-SUMMARY JUDGEMENT).  The properties of the African Americans were lost through foreclosures and Bankruptcies to their demise.  Shouldn't there be fair accountability here? 

ALLEGED FRAUD #9)  PREJUDICIAL OVERSIGHT OF NEARLY ONE YEAR by THE TRIAL COURT, NULLIFYING POSSIBLE INJUNCTIVE RELIEF IN 2006/2007.  (PRE-SUMMARY JUDGEMENT)  The Court through the Honorable Judge apologized in writing for wasting nearly one year with this case with nothing done on the record.  Then, in a surprising move, declared that plaintiffs' side has "wasted scarce judicial resources." This is outrageous, to say the least, in plaintiffs' view.  Would you accept this from the court?  You may be next.  Watch out!

ALLEGED FRAUD #10) REFUSAL TO USE RULE 60 DESPITE NEW EVIDENCES, OVERSIGHT, and  ABORTION OF TWO JURY TRIALS (POST SUMMARY JUDGEMENT) P.S. OVERSIGHT OF NEARLY ONE YEAR NULLIFYING POSSIBLE INJUNCTIVE RELIEF IN 2006/2007, WHILE REFUSING RULE 60 to REOPEN THE CASE in 2011. After all the nine frauds above, the trial court has now refused to reopen the case and is demanding that African American Plaintiffs pay attorney cost to the defendants.  We need the intervention of the Supreme Court now for order and equity.  

May plaintiffs find favor in the eyes of the high authorities at the Supreme Court that holds jurisdiction over the entire United States and for good cause. Plaintiffs believe that these individuals possess enough integrity and are capable to handle FRAUDS UPON THE COURT like the Honorables John G. Roberts, Chief Justice,  Samuel Alito, Stephen BreyerRuth Bader GinsburgElena KaganAnthony KennedyAntonin ScaliaSonia SotomayorClarence Thomas.  

Plaintiffs hasten to point out that what they had suffered in this case, they do not wish on any body else regardless of race, gender, creed, origin and nationalities.  The current President Barack Obama, whose quotes are integral part of these proceedings specially, urges "Congress to pass the American Jobs Act to put more people to work, put more money in the pockets of working Americans and give the economy the jolt it needs right now" (October 8, 2011 excerpts) However, the Court in Florida seems to utter a different command from what plaintiffs are experiencing, with judges that allowed African American property and their jobs to be taken away without just compensation or any relief as the Florida 1995 Act demands in the case of TAKINGS.   The case plaintiffs applied with the officer of the court is "LAND USE"  Now, it has all changed into a 1983 racial discrimination as seen on Pacer.  By changing the label, the defendants hope to change the style and the outcome.  However, we did not loose the color of our skin, we lost our property, our property rights, and our fundamental rights at the hands of a minor government apparently protected by the Federal court in Florida, while the Federal Judge wants the injured and impoverished plaintiffs to pay for attorney cost.  I should be noted that the damages and collateral damages exceed 15 Million dollars in appraised value.

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