STATEMENT OF FACTS

Cases, 1:06-cv-247-WSD, 1:06-cv-2954-WSD and 1:08-cv-1971-WSD

involved Civil and Constitutional Rights violations against a disabled adult. Judge

Duffey, Jr. ignored my status as a member of protected class, subjected me to

prejudicial/bias treatment, ignored Federal Rules of Evidence, falsified evidence

for defendants’ defense, and found in favor of the defendants.

A. 1:06-cv-247-WSD

Case improperly Removed by intentionally filing to wrong Superior Court

Judge, as shown in both Courts on February 6, 2006 on the 30th day after proper

service. Defendants failed to timely answer in either Court.

Several Motions filed while Removal pending including Motion to Remand,

Motion for Default, Motion to Strike. Doc. 4 Motion to Strike, see pg. 4; on pg. 5

the February 10, 2006 letter to Judge Duffey (ex-parte communication) Motion to

Dismiss Attached hereto Exhibit 1; Motion filed electronically March 1st 2006.

Further, Judge Duffey exercised jurisdiction by making Rulings:

1. “Scheduling Order” doc. 11 attached as Exhibit 2: “Discovery…

(10) days after the Court rules …”; Note: This Order was not
mailed to Plaintiffs, it was retrieved from the Pacer Web Site

2. “Order” doc. 12 attached as Exhibit 3: “… Preliminary Report …

and Certificate … within fifteen (15) days…”, “Failure to comply
… will result in the dismissal of this action ….”

After timely complying with Order (Exhibit 3), on April 4, 2006 after

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Removal pending for three (3) months, Judge Duffey Jr. Remanded for lack of

jurisdiction, doc. 16 attached as Exhibit 4. Order Remanding, made no mention of

Removal having been improperly filed with Superior and District Courts, Rules of

Removal violated, Motions pending, or the fact defendants had defaulted in both

Courts.

Judge Duffey’s actions prove:

(a) Jurisdiction had been exercised through his Rulings;
(b) Exhibits 2, 3, 4 indicate fraud upon the Court,
conspiracy/agreement to dismiss case for failing to comply
with Order Exhibit 3;
(c) defendants knew they didn’t have to worry about being in
default. There is no other reasonable explanation.

B. 1:06-cv-2954-WSD

I filed Verified prima facie Civil and Constitutional Rights violations

complaint against several defendants, as an attempt to clear my name of fraudulent

allegations for which I was found guilty by a Clerk of the Probate Court who broke

the law impersonated the Judge of DeKalb County Probate Court. All defendants

stated: (i) no other documents, evidence never disputed; (ii) that they had no

evidence or documents in support of their defense.

Several times I requested appointment of legal assistance, the requests were

ignored; I was Pro Se, all defendants were represented, there were nine (9)

attorneys, or three (3) sets of attorneys. Judge Duffey created defenses, fabricated

evidence for defendants, acted as their attorney.

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 Discovery was set for four (4) months; the case drug on seven (7) months,

dismissed for statute of limitations and immunity. The Docket Report consisted of

102 entries, no Rulings were made until dismissal; Docket Report attached Exhibit

5. Judge Duffey’s Ruling not once mentioned that: (a) I am disabled; (b) I had

requested legal assistance.

Soon after the complaint was filed, I Motioned for Order to Show Cause for

TRO and Preliminary Injunction (Exhibit 5, pg. 2, # 6); within ten (10) days of

filing, called the clerk about a hearing, was told they would contact me. I heard

nothing until the final Ruling; Judge Duffey claimed that they had tried to contact

me, attached Exhibit 6, pg.29, fn6; untrue, I am disabled and can be reached

twenty-four (24) hours a day, (attempt, hearing not on Exhibit 5).

Because of my disabled (receive SSI of $623.00 mo.) and Pro Se status, I

filed Motion to Waive Pacer Fees for my case only, to be able to keep up with

deadlines against nine attorneys doc. 26 w/Exhibits attached Exhibit 7, pg.3. Judge

Duffey’s Order Exhibit 6 pg.2, fn2 shows bias/prejudice: I could go to Clerk’s

Office if I wanted free access.

Judge Duffey’s Ruling, pg.25 fn 24 “Although Defendants did not make the

argument…Probate Court, … are arms of the state…” First, since the argument

was not made, I did not have the chance to show otherwise, but on Appeal I did.

The statement is untrue, it fails the four-prong test shown Exhibit 8, pgs. 17-19.

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 Judge Duffey has violated his Oaths of Office, failed to uphold both Federal

and Georgia law and has failed to honor both the United States and State of

Georgia Constitutions and further violated my Civil Rights.

C. 1:08-cv-1971-WSD

A co-Plaintiff and I filed a Verified prima facie Civil and Constitutional

Rights violations case due to illegal acts, use of fraudulent land documents, and

fraud upon the Court that occurred in a separate Superior Court action. Judge

Becker of Superior Court dismissed that suit in retaliation, the day after being

properly served. Judge Duffey’s Ruling Exhibit 9 pg. 3 fn 2 wrongly claimed that

“retaliation” was not claimed until Motion for Reconsideration was filed; Doc. 8

Exhibit 10 pg. 6, 1st ¶ and pg. 10 ¶¶s 4,5. filed June 30, 2008 shows otherwise.

Obviously Judge Duffey ignored what was filed.

Judge Duffey ignored perjury, and that it was repeatedly shown that the land

document used by defendants was fraudulent, did not pertain to Plaintiffs’ property,

that the Dr. claimed to have signed the document never existed Exhibit 10 pgs. 11-

12.

According to U.S.C.A. 42 §12101, the Federal government is responsible for

seeing that the Fourteenth Amendment is upheld for disabled persons seeking

redress for Civil and Constitutional Rights violations. Upon seeing that Superior

Court had conspired with and was aiding the defendants in that Court with the

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deprivation of my Rights, and taking of real property, the case was filed in District

Court attempting to protect our Rights. Judge Duffey dismissed the case under

Younger Abstention. Younger Abstention fails, Exhibit 10 pgs. 14-17.

Judge Duffey’s August 26th Order dedicated several pages to deliberately

making accusations of criminal acts he that he knew were never committed,

Exhibit 11 pgs. 2,3 fn1, and had no place in the Order Exhibit 9 pgs. 5,6. Further,

after being provided with undisputed evidence in the form of the undisputed

published Motion Calendar for Judge Becker for May 27, 2008 that showed no

hearings scheduled for Plaintiffs’ case, Judge Duffey still insisted that Plaintiffs

had missed a scheduled hearing, Exhibit 9 pgs. 2,6 fn4; the Motion Calendar is

attached hereto as Exhibit 12. Judge Duffey claimed that he didn’t know when the

Calendar was printed; defendants never objected to or disputed the evidence, Judge

Duffey in this case, again was defending for the defendants and disregarding

Plaintiffs’ sworn, Verified complaint.

According to Judge Duffey, lying in an Order to purposely discredit and

bring bias/prejudice against a party is not grounds for recusal, or grounds for

reconsideration Exhibit 9 pgs. 5, 6. Further, after providing undisputed facts that

there will be no opportunity for Plaintiffs to pursue the Civil and Constitutional

Rights violations in State Court, Judge Duffey dismissed the case stating it could

be refiled later, but would be dismissed under res judicata, etc. Exhibit 11 pg. 21.