Mockery and Meaningless Appeal

Eleventh Circuit, US Court of Appeal
Case No. 01-13664, Oct. 16, 2002, Direct Appeal
Case No. 01-15754, Dec. 5, 2001, Mandamus
Before: Judges Stanley F. Birch, Jr., Judge Stanley Marcus, and Judge Susan H. Black

Extracted from: mmason.freeshell.org/methods.htm
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If appeal briefs are filed and the appellant calls the district judge, Donald L. Graham, a liar; one would think that such an allegation would be vehemently denied if false, and remedied if true. See Direct Appeal Briefs, Mandamus Petition. However, one would be dead wrong. Judge Graham is excoriated for judicial misconduct and abuse; however, rather than confront these allegations, the Eleventh Circuit simply ignores them. Marcellus Mason filed appeal briefs asserting that Judge Graham should have recused or disqualified due to the following:

• Lying and intentionally misrepresenting law.


• Refusing to rule on a motion for a preliminary injunction that had been pending for more than 17 months.


• Allowing scores of motions and filings to languish without being decided.
  


• Usurping legal authority. Allowing a Magistrate to issue an injunction prohibiting direct communication with the Highlands County Government.
  Additionally, prohibiting Marcellus Mason from making public
  records request under Florida Law directly to Highlands County.
  


• Violating clearly established law and the authority of the U.S. Supreme Court by issuing pre-filing injunctions.


• Abuse of the criminal contempt procedure. Judge Graham took a clearly invalid sua sponte issued pre-filing injunction and made it the basis of a
  criminal contempt complaint and conviction.


• Lying and intentionally misrepresenting material facts.


• Ignoring the U.S. Supreme Court denying access to the courts by refusing to state any reason for denying IFP applications.
  

In the direct appeal, the Eleventh Circuit's "review" [a 14 page opinion] of these issues and allegations consisted of solely the following:

Mason also raises issues that relate to non-sanction matters, e.g., the denial of his motions to disqualify the district court and magistrate judges,

See the Unpublished Opinion, Case No. 01-13664-A. There is no suggestion that the above allegations are not true, they are simply ignored because they can not be denied.

The order denying Mandamus, Case No. 01-15754, a one page and one sentence "opinion", is even worse. "The "petition for writ of mandamus and petition for writ of prohibition" is DENIED" .

These are but two instances where the Eleventh Circuit has ignored allegations of misconduct against Judge Graham. There is a whole history of dishonesty set forth at mmason.freeshell.org/methods.htm . This page documents that the futility of attempting to hold a federal judge accountable for misconduct and abuse.