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FL Bar says 80% denied justice Administrative Rule 2.160
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POLK COUNTY CORRUPTIONReturn to PolkCountyCorruption Home Page
THIS NOTICE UPON THE COURT IS A DEMAND FOR DISMISSAL OF JUDGE YANCEY FOR MALFEASANCE IN OFFICE
OFFICE OF THE CHIEF INSPECTOR GENERAL Attention: MELINDA MIGUEL
URGENT! Violations of Rights Under the Florida State Constitution, Bill of Rights Failure to Adhere to Stere Decisis
1. Fact: All proceedings were done in abstentcia are thus null and void for want of diligent search. Address change entered into the court September 7, 2006. Phone service listed in due time for proper service of order See Doc. 1 & 2. This violation is due process of law as encompassed under Art.1, Sec 9
2. Fact: Total disregard of Plaintiff’s right to redress in the court for protection of rights to ownership of property. 3. This violation falls under Art 1, Sec 21 Right to redress of injury by restoration of property. Fact. Total disregard of Civil Procedure. Pleadings, previously accepted on this issue by Judge McCarthy see document 3,4,5
4. Fact:. Breech of Civil Rights: Violation of Title 42USC 1983 which provides in relevant part that: “every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State...subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof, to the deprivation of any rights, privileges, or immunities secured by the Constitution...shall be liable to the party injured...” Not allowing Plaintiff to have redress to fraud and compensation for such.
Pleadings in this case are being filed by Plaintiff in Propria Persona, wherein pleadings are to be considered without regard to technicalities. Propria pleadings are not to be held to the same high standard of perfection as practicing lawyers. Affidavits of Truth of bias and prejudice against any pro se litagants are attached See Documents 6 & 7 . In Puckett v. Cox, it was held that a pro se pleading requires less stringent reading than one drafted by a lawyer (456 F2d 233 (1962 Sixth Circuit USCA). Justice Black See Haines v. Kerner k92 Sct 594, also See Power 914 F2d 1459 (11th Cir1990), also See Hulsey v. Ownes 63 F3d 354, (5th Cir 1995), also See In Re: HALL v. BELLMON 935 F.2d 1106 (10th Cir. 1991).
In Conley v. Gibson, 355 U.S 41 at 48 (1957) “The Federal Rules rejects the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits.” According to rule 8 (FRCP) and the State Court rule which holds that “all pleadings shall be construed to do substantial justice” Defense against dismissal of complaint under Rule 12-B There is legal sufficiency to show Plaintiff is entitled to relief under his Complaint. A complaint should not be dismissed for failure to state a claim unless it appears beyond a doubt that the Plaintiff can prove no set of fact in support of his claim which would entitle him to relief. See Conley V. Gibson, 355 U.S. 41, 45-46 (1957) also Neitzke v Williams, 109 S.Ct.1827,1832 (1989) Rule 12 (b0(6) does not countenance dismissals based on a judge’s disbelief of a complaint’s factual allegations. In applying the Conley standard, the Court will “accept the truth of the well-pleaded factual allegations of the Complaint. Rule 60 A judgment to dismiss because of some trumped up technicality giving excuse to dismiss a non-lawyer pro se litigant’s complaint with merit in a lawyer dominated Court hearing. In support of Plaintiffs Motion to vacate judgment, the following cases are offered: Picking v. Pennsylvania Railways, (151 F2d.240) Third Circuit Court of Appeals. The ruling of the court in this case held: Where a plaintiff pleads pro se in a suit for protection of civil right, the court should endeavor to construe the Plaintiff’s pleading without regard to technicalities. In Walter Process Equipment v Food Machinery 381 U.S. 172(1965) it was held that in a ‘motion to dismiss’, the material allegations of the complaint are taken as admitted. Disregard of Stay of Proceedings The Complaint should not be dismissed unless it appears to a certainty that Plaintiffs would be entitled to no relief under any state of fact that could be proved in support of the claims. See Gomez v Toledo (1980, US)s 64 L Ed 2d 572, 100 S Ct 1920 Timely advisement of Administrative Investigation being conducted on fraud found in the quit claim deed in question, upon which the entire case has, and will be based. Fraud visciates contract. No judgment can be offered until completion of investigation on said instrument. Judge Yancey has ordered mediation which is non-applicable to this course of action. This violation of my Civil Rights under the Florida state Constitution, alone, is sufficient cause for the dismissal of Judge Yancey from the bench. Document to hold with notice attachment see 6.
5. Fact: Failure to grant Trial-by-Jury Failure to comply with the Florida state Constitution under Art.1 Sec 2,9,21 and most notably, Sec 22, “The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law”. A title 42 1985 action which seeks compensatory and punitive damages in conjunction with equitable relief as in this case is considered a legal claim, entitling Plaintiff to a jury trial See An-Ti v. Michigan Technological Uni.,493F, Supp. 1137, That the actions are clearly a product of bias and prejudice of the Court, See Griffen v. Breckride, 403 U.S. 88, 102 (1971) 6. Failure to adhere to Steres Decisis Reynolds v Reynolds.. An attorney of record is to be named as Attorney of Record buy his CLIENT. If proper Notice of Appearance has not been made in the records of that case, then, you are violating holdings of a higher court ruling in stare decisis. TO ABIDE BY OR ADHERE TO DECIDED CASES.
7. Failure to allow members of the public to attend. Affidavit to substantiate such. see attachment 7 & 8..
As indicated in this paper, my hearing is only a few days away. I am requesting a Stay of Proceedings to allow me ample time for Witness Subpoena and proper JURY selection, as well as a concurring finding in the Administrative process .as to the amount of fraud committed against me.
Yours truly,
_______________________ Vera Peskan 305 Ridge Blvd. Apt.211 South Daytona, Fl 32119 (386) 682-4069.
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