The Briefs have been filed I also requested the court file my brief electronically because the fact is I don't trust the courts after how my case was handled with them knowing I have a valid case against GA DCA, et al. If you read the 31 page complaint and the appeal brief and the order and opinion you will see I have stated valid claims that the US District Court Judge ignored and or reference incorrectly, remember I am pro se and I am to held to a less stringent standard than a lawyer, and all I had to do was state a claim concerning something illegal these GA DCA employees did. I did just that with stating valid claims in my 31 page complaint.
SEE MY APPEAL BRIEF http://sbappealbrief.yolasite.com/
THE BIAS AND INCORRECT ORDER AND OPINION OF JUDGE WILLIAM S. DUFFEY, JR. THAT DIDN'T MATCH ANY OF THE FACTS OF MY CLAIMS AND DISMISSED MY CASE IN THE DISTRICT COURT AS FRIVOLOUS WHICH IS LEGALLY INCORRECT BECAUSE I DID STATE MULTIPLE VALID CLAIMS AGAINST GA DCA, ET AL WHICH WERE IGNORED BY THIS JUDGE. https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B6P1UQOoBKHIYWQ1MDY0MjEtYTI4MS00OTA5LTk3MjctNWFlYTgwNTlkMzRl&hl=en
The Attorney General has not filed a response brief and might not file one. The Attorney General has also attempted to have my appeal dismissed claiming that GA DCA, et al are not parties to my appeal but they are parties to my appeal because they have been sued in District Court and my case was incorrectly dismissed Sua Sponte by Judge William S. Duffey, Jr. I filed a motion to object to his filing because a sua Sponte dismissal can be heard in an appeal court see example below:
"Dale OATESS, Appellant,
Nancy M. SOBOLEVITCH, Philip B. Friedman, Honorable William E. Pfadt, Timothy Lucas, Ralph Lurker, Judge James B. Dwyer, Michelle M. Hawk, Esquire, Nancy E. Gilberg, Esquire, Irving Murphy, Esquire, Kenneth D. Chestek, Esquire, Appellees.
United States Court of Appeals, Third Circuit.
Submitted Under Third Circuit Rule 12(6)
July 12, 1990. Decided Sept. 19, 1990.
This is an appeal from the sua sponte Fed.R.Civ.P. 12(b)(6) dismissal by the district court of a pro se civil rights complaint after the grant to the plaintiff of leave to proceed in forma pauperis, 28 U.S.C. Sec. 1915(a), but before service of the complaint upon the defendants. The appeal requires us to decide whether the district court properly dismissed the complaint under these circumstances. We conclude that it did not. We will therefore vacate the district court's order and remand for further proceedings."
There are also plenty of 11th circuit cases that also hear sua sponte dismissals other than this one below.
350 F.3d 1157: Ned Hughes, Plaintiff-appellant, v. Charles Lott, Police Officer, Dennis Johnson, et al., Defendants-appellees
United States Court of Appeals, Eleventh Circuit. - 350 F.3d 1157
DECIDED November 14, 2003
Ned Hughes appeals the district court's dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), of his pro se and in forma pauperis civil rights action under 42 U.S.C. § 1983 against several City of Mobile police officers."... " Prior to service of process, the district court found that Hughes's claims were barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994); res judicata; the Prison Litigation Reform Act, 42 U.S.C. § 1997e(e); and the statute of limitations. It therefore dismissed them sua sponte."
I feel that my case was dismissed by Judge Duffey because he could get away with the dimissal by law.
"Congress has created a procedure that permits any person to file a complaint in the courts about the behavior of federal judges—but not about the decisions federal judges make in deciding cases. Below is a link to the rules that explain what may be complained about, who may be complained about, where to file a complaint, and how the complaint will be processed. There is also a link to the form you may use.
Almost all complaints in recent years have been dismissed because they do not follow the law about such complaints. The law says that complaints about judges’ decisions and complaints with no evidence to support them must be dismissed. If you are a litigant in a case and believe the judge made a wrong decision—even a very wrong decision—you may not use this procedure to complain about the decision. An attorney can explain the rights you have as a litigant to seek review of a judicial decision."
I believe the dismissal was also due to my being Indian and the fact that I have written in my original complaint the history of why my family chose not to register with the Indian roll book system created by the US government. It is not a writing that will tip toe around the facts to save someone feelings, the hard truth is the hard truth!
My family witnessed murders of our people and did not want to be put on a reservation set up by the US government and these reservations are to this day a place were Indian rights are even more limited than living on the outside of the reservation system, women are raped, people are murdered, children are abused and the Chief tries to keep it covered up if he is paid enough or if they are close to the member who committed the crime, its corruption prevailing on reservations on a daily basis.
Another reason my ancestors didn't enroll is because the same government attempting roll book registration of Indians and even non Indian as in whites who were adopted in as Indian but who are not Indian by blood this was very common and that is why you will see alot of white persons claiming to be Indian because they are Indian by adoption, and not by blood. See http://www.telliquah.com/Chief.htm "Many Cherokee complained that there was a host of non-Indians included on the roll. Certainly there had been much intermingling with the whites."
This same Government was also killing their indigenous Cherokee brothers and sisters, the "Trail of Tears" is one of the most terrible evil days in US history in that Indian Women and Children and their Elders who were of Cherokee blood were forced to leave their homes IN THE NORTH GEORGIA MOUNTAINS and were to do so in the cold some without coats or shoes and some later died before reaching their forced destination. My family lived in the deepest mountains of North Carolina near what is now call the Georgia - North Carolina border (even though we know no borders in our Spirit) and we spread out to central North Carolina and to the coastal areas of North Carolina over many many years to get away from the death and oppression we faced.
I really don't see much change in the treatment of the Cherokee Indian today because the State of Georgia is still trying to oppress my family who is of Cherokee Indian blood ancestry. I have to fight for my rights and I don't have the same equality in rights as others even today, I didn't even get fair treatment in the appeal court when I requested my IFP they just illegally denied it even though I qualified for it due to income, because I am Indian my claims are less important to those who enforce the laws and seem to believe Civil Rights exclude American Indians who are not located on a reservation, not that Indians on the res. get treated any fairer. I even had to fight to have my race remain on government documents what it is... INDIAN, I have to fight to get justice for a state agency and its employees discriminating and putting my family's lives in danger because we are Indians who are of color.
I had to fight daily with the State of Georgia insurance company who is Risk Management to get financial compensation that is due to my family for the illegal state created dangers and discriminatory acts of its insured GA DCA, et al which did injure my family. The insurance adjuster gave me a hard time by stalling the claim even after she received audio's, documents and written statement from me showing liability of the Insured who are Georgia DCA, et al. The law states the insurance company must pay the claim as soon as liability of its insured become evident, and it has become evident. My suit was brought in a United States court NOT a State of Georgia Court and files suit against GA DCA and its named employees in their official and individual capacities. I filed this claim against these state employees at the end of March 2011 due to my child being diagnosed with asthma which is caused from being exposed to septic gas in the faulty rental which was inspected and we rented thru the section 8 program, and the claim must be paid within 60 days of its filing, which it was not. The policy terms of the two policies the state has right now are valid as they are until June 30th 2011 and I believe the state will attempt to rewrite those terms as they do at times and this new policy MAY affect my and other persons claims in a negative way if those claims are not paid before June 30th 2011, this is the oldest trick with greedy insurance companies who don't want to pay valid injury claims to those their insured injure.
I RECEIVED A CERTIFIED LETTER 5/19/2011 AND RISK MANAGEMENT DENIED THE CLAIM AND SAID THEIR INSURED ARE INNOCENT OF ALL CLAIMS I PRESENTED TO THEM.
You have read the complaint and the brief and the evidence is on record and this insurer first delayed, and then defended and now denied this valid claim.
SEE POLICIES HERE:
Georgia Risk Management www.doas.ga.gov
General Liability Agreement Provides coverage for a state employee for an alleged tort committed while acting within the scope of their official duties or employment when the employee is sued in their individual capacity outside of the Georgia Tort Claims Act.
Insurance policy#2 http://doas.ga.gov/StateLocal/Risk/DOCS_Risk/STC.pdf
I see blantant discrimination in the courts and in how the State of Georgia treats me as an Indian who does not live on a reservation.
I see injustice with the State of Georgia and how its insurance carrier does not deal fairly as required by law when I have presented to them a valid claim against GA DCA et al that has NOT been paid by Georgia General Liability insurance which does cover claims that have a pending lawsuit in a United States Court.
The Georgia Tort Claims Act insurance DOES NOT cover a claim where one has a case pending in a United States court as in a Federal court be it an US Court of Appeals or a US District Court. This is the claim the insurance adjuster presented to me by email, I say it was an act of bad faith on the insurance adjusters part to mislead me.
Equal Rights and Equal Justice I haven't seen it. These people treated me like they think I am ignorant or something and don't know enough to see that they are treating me and my family with unfairness and attempting to trick me with every obstacle they throw my way. This is not a game, my family has been injured by their insured and these people act like that is a joke. Yet the law states if you have been injured by a state employee while they acted under the color of state law you can seek whatever means the state offers to compensate for that injury. Federal Code Section 42:1983, and the Constitution of the State of Georgia " O.C.G.A. 9-11-11.1 (2010) Exercise of rights of freedom of speech and right to petition government for redress of grievances"
I did JUST that and look how I get treated... I get tricked and lied to and did not receive compensation that the law claims I can EQUALLY get due to what state employees who acted under the color of law did to my family. AND ARE STILL DOING AS FAR AS I AM CONCERNED!
I see bias where ever I try to seek justice in the State of Georgia, nothing has changed.
I'm now waiting to see what the 11th Circuit Court of Appeal will do with my appeal and the facts that were briefed.
Will this panel of three Judges follow the law? or will they go against what is right and allow these illegal discriminatory acts of this corrupt state agency who is Georgia Department of Community affairs and its named employees who are Jeff Abney, LaRuth Holloway, Karen Loveless, Geoffrey Parker, and Jaqueline Nunis to continue?
Will these judges ignore Justice and the Supreme Court precedent of Goldberg vs. Kelly (1970), the 14th Amendment, the 1st Amendment, the 9th amendment, the Fair Housing Act, and the Civil Rights Act, the ADA, Section 504 of the Rehabilitation Act, The State Created danger Doctrine and all other Laws state and Federal these state employees broke while acting under the color of law???
After what I have been thru in Georgia with all the bias and discrimination I and my family have faced only the Will of God can make the situation right in whatever way He decides to do it to vindicate this. I have seen evil in Georgia, I have stared it right in the face, I have seen evil ill-willed people who seem to love the evil that they do in the oppression they feed and burden people with. It obvious that these evil-hearted people don't believe in God but I do and where evil is dominate one of two things will happen... either God seeks out a good deed in that cesspool of evil and uses it for His glory or if He can't find any good then God destroys that evil.
JESUS said He has not come to bring peace in the world, He has come with the SWORD for all the evil that is being done by the wicked against those who have faith in Him, He hears the grievance calls of His people, including my family, who are facing adversity at the hands of the wicked.
Matthew 10:34-36 Think not that I am come to send peace on earth: I came not to send peace, but a sword.
All I can say is Georgia seems to be doomed because there has been a history of massive slaughtering of Cherokee people who wanted to stay on this land, there is way too much hatefulness, corruption, deceitfulness, oppression, crookedness, and evil-heartedness in this place called Georgia toward minorities and especially towards anyone of actual Cherokee ancestry who exposes a wrong the state did thru the act of its employees, this state has a history of that. When the Lord is angry with a person or a place that promotes wicked things I would not want to be in the PATH of HIS WRATH when HE comes to DEAL with it, because HIS WRATH will be devastatingly severe.
There is an old saying that the devil is a liar and that no truth exist in him, well if that is the case then I can call Jaqueline Nunis a devil because she is a liar and no truth is in her. She was the one who initated this spiral of events by telling me not ot move to Cherokee County in March of 2009 which lead to all the other disscriminations that was done to me and my children. Actually, all of these named GA DCA employees are devils because there ain't no truth in none of them, they all are liars and they all lied for each other to cover up their evil acts.
Jaqueline Nunis face to face Quotes March 2009 " Sonya, if I were you I would not move there (referring to my telling her my plans of moving to Cherokee Co. GA) "If you move there Jeff Abney will take your voucher, if you move to any of his counties he will take your voucher and I won't be able to help you", "If you tell anybody I said this I will deny it". "Jeff Abney is a a**hole, why they still keep him around is beyond me, he's old, he has a s**ty attitude, he needs to retire but they still keep him around." "You should move to Ms. Evans counties she's nice she handles Rome, GA. You ever been there? Its a nice place, alot of Black people live there it will be good for you." (why would she assume that living around a certain group of people would be good for me, I should have been able to move where I wanted on that voucher but just because I am an Indian of color she in her racist mind made that ignorant suggestion) "I'm gonna help you, these are Jeff Abney's counties, don't go there, this is mine, you already know that, and these are Ms. Evans.(referring to the map)"
This is the map Ms. Nunis wrote the counties I should and shouldn't move to on. That is her handwriting to the left that outlines the counties, that is my handwriting to the right reminding myself in notes of what she said about Jeff Abney being trouble. ( Carrollton, L. Evans, J. Abney are wrote in and outlined by Ms. Nunis)
End of Quotes.
This evil lady knows no truth and lied to every investigator who investigated my case. As did the other GA DCA employees. These GA DCA employees are just like those cops that killed those black people on that bridge in New Orleans during hurricane Katrina, they all got together coaching each other with what to say and lied to cover for each other when they know they did evil. But just like those dirty cops these GA DCA employees will also be found out to be the liars that they ALL are because there is one thing about a lie that most forget "the truth" always comes out because a fabricated stories WILL eventually fall apart! These people are cursed by their evil actions and are too ignorant to see it. Whatever misfortune they caused me and my children they will get it back 100 times worse, so even if I don't get justice from the law in the State of Georgia I will still get justice from the Hand of God.
There is a saying that one Indian used to seek justice for a wrong done to him and his family when he couldn't get justice by the law of the land..
"May the Great Spirit curse you when he speaks in the clouds and his words are fire! Lightning blast your crops! Wind and fire destroy your homes! The Evil One breathe death on your cattle! Panthers howl and wolves fatten on your bones."
I can truly sympathize with why he called on the Great Spirit/ God to vindicate him and why he cursed the ones who wronged him because sometimes we forget to call on God and we depend on worldly laws to fix a situation that really needs God's intervention, worldly laws aren't always right or fair especially when dealing with the shiftiness of those who use their power to oppress people with these laws, I know what it feels like to be oppressed by the misuse of the law.
Georgia has a dark history with the Cherokee and the oppression of my people, and with me being Cherokee by blood I can feel the oppression that my ancestors felt in trying to reason with those that removed them from their homes, these people who have some level of power in the world really cannot be reasoned with I have learned that the hard way, they are heartless, they are arrogant, they lie, they love to see people suffer, they feel that they have a right to treat people unfairly the way they do, they feel that their power is absolute and that they will never have to answer to anyone but themselves, they are vain and prideful, they literally behave like the Devil himself. I am glad that I am not in their shoes because hell is a hot, and the evil-hearted are ALWAYS guaranteed a one way ticket there.
Pride goes before destruction... I want WHATEVER justice God is willing to give me and my family for what these people have done to us because He is always in control and He is ALWAYS right no matter what He does, and that is the one things that these lovers of themselves don't understand. They might can take my worldly rights away but one thing you CAN'T take away from me is my GOD, and my GOD doesn't like anyone hurting His children.
Where there is injustice and devilish deeds in the world God sees it and corrects it, or destroys it. I did my part by exposing this corrupt state agency and their evil devilish acts against those they attempt to oppress.
Jesus will definitely take care of the rest in WHATEVER way He sees fit. I have Faith in that!
UPDATE 3 25 2012 WHAT IS IN THE DARK WILL COME OUT IN THE LIGHT... NO MORE OF GEORGIA SWEEPING ITS CORRUPTION UNDER THE RUG. GEORGIA HAS JUST BEEN DEEMED THE MOST CORRUPT STATE IN AMERICA PLEASE SIGN MY PETITION http://www.change.org/petitions/the-state-government-of-georgia-ranked-the-most-corrupt-state-in-america-fix-the-issues-caused-by-corruption-within-your-state-government