Sunday, December 14, 2008

Judge Land Allowed Docket Misrepresentation

(For clarity, please read this posting sixth.)
Postings list is to the right on this page.
On June 12, 2008, Magistrate Judge G. Mallon Faircloth issued Doc. 189, Order Staying 151 Motion Pending Appeal (asserting that Dr. Brown's motion under Rule 60(b) can not proceed in District Court because he has an appeal pending in the U. S. Court of Appeals). This assertion is a blatant misrepresentation of the docket sheet record in this case. In response, Dr. Brown filed Doc. 193, Motion to Correct Erroneous Order, on July 17, 2008. Doc. 193 was ignored by Judge Land (fraud upon the Court)

On July 29, 2008, Magistrate Judge Faircloth issued Doc. 197, Order Lifting Stay And Order to Answer. This is equivalent to Doc. 152 (the original order to the Government to respond to Dr. Brown's 60(b) motion for relief, which was issued by Magistrate Judge Faircloth on October 19, 2007). However, Doc. 197 was issued approximately nine (9) months after Doc. 152, causing Dr. Brown to lose the benefit of all the exonerative FOIA discoveries that were presented to the Court between October 19, 2007 and July 29, 2008. This nullified all of Dr. Brown's exonerative motions after Doc. 151, before Doc. 198 (prejudicing the effective expeditious administration of the business of the Court). In response, Dr. Brown filed Judicial Misconduct Complaint No. 110890117 against Judge Land, with the Eleventh Circuit Judicial Council.

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