Dr. Brown Requests Panel Review of Dismissal

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Bradford G. Brown, M.D., ID #: 91022-020
Maxwell Air Force Base Federal Prison Camp
Montgomery B Unit
Montgomery, AL 36112

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January 15, 2009

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Clerk
United States Court of Appeals
56 Forsyth Street, N.W.
Atlanta, Georgia 30303

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Re: Petition for Panel Review of Order of Dismissal ("ORDER") of
Judicial Complaint No. 110890117 ("COMPLAINT"), Pursuant to
Title 28 U.S.C., Section 352 and Addendum Rules 5,6,7 and 15

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Dear Sir:

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Judge Land acted as judge and prosecutor:
COMPLAINT provided notice and supporting proof that District
Judge Clay D. Land improperly acted as prosecutor when he

issued Notice of Final Hearing on Final Probation Revocation

(on March 17, 2008) without a request from either party.

ORDER dismissed this allegation, asserting it is "directly related

to the merits of a decision or procedural ruling", pursuant to

Chpter 16 of Title 28 U.S.C., Section 352(b)(1)(A). Petitionmer

does not complain about the decision, rather, Petitioner

complains about the fact that Judge Land acted as judge as well

as prosecutor. This prejudiced the effective and expeditious

administration of the business of the Court, as Judge Land

became both judge and prosecutor (rendering the failure of the

judicial system). I therefore respectfully request Panel Review

of ORDER.

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Judge Land refused to rule on any exonerative motions

(there were many):
COMPLAINT provided notice and supporting proof that Judge

Clay D. Land refused to rule on any exoneratived motions, of

which [DE-168 March 26, 2008] is one example; DE-198

(August 8, 2008), DE-199 (August 18, 2008), and DE-201

(October 9, 2008) are other such examples. ORDER asserts

that "the record clearly reveals that Judge Land issued a ruling,

unfavorable to Mr. Brown, fifty four days after the motion was
filed" [i.e., fifty four days after DE-168 which would be May 19,

2008]. With due respect, on May 19, 2008, Magistrate Judge

Faircloth (under the supervision of District Judge Clay D. Land)

issued order, denying DE-156 (DE-156 was request by

Petitioner for a stay, pending DE-151 ruling). Said ruling was

unfavorable to Petitioner, but it was not a ruling on DE-168.
As of the current date, DE-168 has not received a ruling from

any judge.

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Note that DE-168 uses Freedom of Information Act ("FOIA")
information from Department of Justice, Tax Division to

demonstrate that Petitioner had zero tax liability for all

conviction years (1994, 1995) at the time of trial, implying

innocence pursuant to United States v. Edwards, 777 F.2d

644, 650 (11th Cir. 1985). The implication of this fact is that

Petitioner is an innocent man who was wrongfully convicted,

and continues to be wrongfully imprisoned (a fact that continues

to be possible because Judge Land refused to rule on exonerative

motions, such as DE-168, DE-198, DE-199 and DE-201).

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Also, note that DE-201(October 9, 2008) uses FOIA information

to demonstrate that IRS extracted an estimated sum exceeding

ten million dollars from Petitioner for years, 1993 forward (a fact

that was not disclosed to Petitioner or jury at the time of trial).

To obtain the FOIA information that would provide the exact

information in place of the estimate referenced above, Petitioner

filed DE-199, Motion to Compel Disclosure of the 1,488 pages of

levy extraction records located by FOIA (paid for by Petitioner

$1,176.00) and sent to IRS instead of Petitioner. FOIA did send

16 pages of levy extraction records that amounted to

$114,241.00 in medical payments (implying average per page

levy extraction amount was $7,140.06), which implies 1,488

pages would yield 1,488 times $7,140.06 = $10,624,409.28

(ten million, six hundred twenty four thousand, four hundred

nine dollars and twenty eight cents). Therefore, Petitioner is an

innocent man wrongfully convicted for tax evasion (while IRS

owes him more than ten million dollars), and remains wrongfully

imprisoned because Judge Land refuses to rule on exonerative

motions that have been pending before him (since October 9,

2008 for DE-201) for almost one year (since March 26, 2008

in the case of DE-168).

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This prejudiced (and continues to do so) the effective and
expeditious administration of the business of the Court,

rendering the continued failure of the judicial system. Said

conduct is willful. Petitioner therefore respectfully requests

Panel Review of ORDER.

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Judge Land allowed docket record to be misrepresented:
COMPLAINT provided notice and supporting proof that Judge

Clay D. Land, as supervising district judge, allowed Magistrate

Judge Faircloth to issue erroneous order on June 12, 2008

(DE-189, Order Staying 151 Motion Pending Appeal). No

appeal was pending on June 12, 2008 (this was a clear

misrepresentation of the docket record). Petitioner notified

the Court of said erroneous order (July 17, 2008) by filing

DE-193, Motion to Correct Erroneous Order. DE-193 is yet

to receive a ruling, and erroroneous order DE-189 is yet to

be corrected (this issue was not addressed by ORDER). The

effect of this unaddressed order (DE-189) is to facilitate the

continued avoidance of a ruling on the pending exonerative

motions (facilitating the continued wrongful punishment of

an innocent man).

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Judge Land ignoed request to issue subpoena:
COMPLAINT provided notice and supporting proof that Judge

Clay D. Land ignored Petitioner's request to order Clerk to

issue subpoena for the IRS levy records (1,488 pages, the

subject of DE-199 Motion to Compel Disclosure), for which

Petitioner paid $1,176.00 to FOIA.

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This conduct effected a continuation of the prejudice of the

effective and expeditious administration of the business of

the Court, guaranteeing continued failure of the judicial system

(Petitioner known to be innocent, the proof of which is held in

the hands of District Judge Clay D. Land, continues to be

wrongfully imprisoned and punished because Judge Land

stands by and will not act). I therefore respectfully request

Panel Review of ORDER.

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With respect,

/s/ Bradford G. Brown, M.D.
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Bradford G. Brown, M.D., ID#: 91022-020
Maxwell Air Force Base Federal Prison Camp
Montgomery B Unit
Montgomery, AL 36112