U.S. Dist. Judge Donald L. Graham, US Attorney R. Alexander Acosta, AUSA Theodore Cooperstein, and AUSA Robert Waters used a clearly void sua sponte issued pre-filing injunction to form the basis of a criminal contempt complaint. On September 20, 2001 [Civil Case No. 99-14027-CV-Graham, Mason v. Highlands County], Judge Graham rendered a pre-fling injunction sua sponte, or on his motion and without notice to the litigant Marcellus M. Mason. See Docket Entry Number 878, (D.E. # 878,Page 3 ) . Page 3 of this document boldly asserts: "THIS CAUSE came before the Court sua sponte." The law is quite clear and unequivocal in that a filing injunction requires notice and opportunity to be prior to its issuance. See U.S. v. Powerstein, 2006 U.S. App. LEXIS 14928,*;185 Fed. Appx. 811 (11th Cir. 2006)("litigant entitled to notice and an opportunity to be heard before the court imposed the injunctive order"). See Case Law, below. "Generally, a judgment is void under Rule 60(b)(4) “if the court that rendered it lacked jurisdiction of the subject matter, or of the parties, or if it acted in a manner inconsistent with due process of law.”" Burke v. Smith, 252 F.3d 1260 (11th Cir. 2001). Additionally, this sua sponte issued filing injunction made a so-called finding of "bad faith" that also requires due process.
Bad Faith
It has become clear to the Court that Mason is proceeding in bad faith. Indeed, he has admitted as much in his own pleadings and correspondence. See Docket Entry Number 878, (D.E. # 878,Page 3 ). See law on bad faith finding. It is black letter law and a bedrock legal principal that an order issued in violation of due process is void and a legal nullity. See Definition of Void, below. On December 3, 2002 [Case No. 02-14020-CR-Moore], AUSA Robert Waters initiated a contempt complaint by way of an information with this clearly void sua sponte issued pre-filing injunction of September 20, 2001. See Information, below. “A void judgment is from its inception a legal nullity.” U.S. v. Boch Oldsmobile, 909 F.2d 657, 661 (1st Cir. 1990). A criminal contempt conviction was obtained on based upon this sua sponte issued pre-filing injunction of September 20, 2001by way of a bench trial. This criminal contempt conviction led to Marcellus Mason being jailed for 41 days and sentenced to 5 years of supervised probation. See Probation.
The consequences of this sua sponte issued pre-filing injunction has been devastating and disastrous. For an example, this sua sponte issued pre-filing injunction was used to award $200,000 against Marcellus Mason who was and is indigent.