Professional Documents
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JAMES B. STEGEMAN,
Plaintiff/Appellant APPEAL NO. 08-16174-C
DISTRICT COURT NO. 1:08-CV-1971
Comes Now Appellant who files Motion to Recuse Judges Hull, Marcus
and Wilson from the above entitled matter under 28 U.S.C.S. §455, and Marshall
v. Jerrico Inc,. 466 U.S. 238, 242, 100 S. Ct. 1610, 64 L. Ed. 2d 182 (1980) which
stated: “The neutrality requirement helps to guarantee that life, liberty, or property
will not be taken on the basis of an erroneous or distorted conception of the facts of
the law.”
United States Constitution and Stone v. Powell, 428 US 465, 483 n. 35, 96 S. Ct.
3037, 49 L. Ed. 2d 1067 (1976) which held: “…like Federal courts, have a
constitutional obligation to safeguard personal liberties and to uphold federal law.”
Currently, before the United States Supreme Court is Appellant’s Petition for
Writ of Cert.; United States Supreme Court Docket No.: 08-8320 filed January
20, 2009 and docketed January 26, 2009 (see attached as “A”) from Appeal No.:
07-13540-BB in which Judges Hull, Marcus and Wilson affirmed District Court’s
The following paragraphs will show grounds for recusal of the three above
listed judges, who have in the past deliberately violated other litigant’s personal
liberties and /or has wantonly, willingly refused to provide due process and equal
manner inconsistent with that which is needed for a full, fair, impartial decision.
“Any justice, judge, or magistrate of the United States shall disqualify himself in
Due to the pending Petition for Writ of Certiorari filed in the United States
Supreme Court1 filed from this Court’s Affirmation of Judge Duffey’s ruling
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There is a copy of the docketing attached hereto as “A”
2
and this Court like the Trial Court, refused to address Appellant’s “protected class”
The Rulings of the Trial Court and Affirmation by this Court in Stegeman v.
Georgia, et., al., resulted in the case at bar. Had Superior Court of Stone Mountain
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Pleadings of litigants that are disabled “protected class” status, or Pro Se status, are
treated differently than a non-protected class member, or a represented litigant. Both this
Court and the Trial Court failed to view Appellant’s pleadings going against Supreme
Court findings, stare decisis and past case precedent.
3
The American Bar Association’s Model Rule of Judicial Conduct, Canon 2, R.
2.11(A)(2007).
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Judicial Circuit been held accountable for its’ actions 4 in Stegeman v. Georgia, et.,
al.,5 the Superior Court most likely would not have continued the now policy of
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Appellant, having been denied State programs which receive Federal
Funding, has again been forced to proceed as Pro Se in an effort to protect his
interests, property and his Rights. This Court Denied appointment of counsel in
litigant, who has been denied both protection and Federally funded State legal
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U.S. District Court Judge William S. Duffey, Jr. sits on the Committee, Appellant filed
Motion to Recuse Judge Duffey which was denied.
5
This Court held in it’s Unpublished Opinion of Nadler v. Harvey, No. 06-
8
12692 (2007)C11.000153 “…occurs when a disabled individual is treated
In this Court’s published opinion of Miller v. King, et., al., 449 F.3d 1149, 17
A.D. Cases 1758 (11th Cir. 2006)9 in which the opinion was vacated in full “in light
of the Supreme Court’s decision in United States v. Georgia, 546 U.S. ___ 126 S.
Although both the Supreme Court and this Court have previously held that
pro se pleadings are to be held to less stringent standards than those drafted by
attorneys, neither the District Court, nor this Court have provided that privilege to
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The case was before Judges Edmondson, Hull and Forrester
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The case was before Judges Carnes, Hull and Hill
6
“Pro se pleadings are to be considered without regard to
technicality; pro se litigants' pleadings are not to be held to the
same high standards of perfection as lawyers.” Jenkins v.
McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania
R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233
“Pro Se parties have the right to Appeal, and submit their briefs
on appeal even though they may be inartfully drawn”, see Vega
v. Johnson, 149 F.3d 354 (5th Cir. 1998). “Courts will go to
particular pains to protect pro se litigants consequences of
technical errors if injustice would otherwise result.” U. S. v.
Sanchez, 88 F.3d 1243 (D.C. Cir. 1996).
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CONCLUSION
Appellant has shown beyond doubt that these three judges should refrain
from presiding over his appeal. Appellant Moves this Honorable Court to grant his
BY: ___________________________
JAMES B. STEGEMAN, Pro Se
821 Sheppard Rd.
Stone Mountain, GA 30083
(404) 300-9782
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U. S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
James B. Stegeman, et.,al., vs. Superior Court, et.,al., Appeal No. 08-16174-C
Pursuant to and in compliance with The U.S. Court of Appeals For The Eleventh
Circuit Rule 26.1-1, General Order 34 amending Eleventh Circuit Rules 26.1-2 and
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Appeal No. 08-16174-C, James B. Stegeman, et.,al., vs. Superior Court, et.,al.,
CERTIFICATION
and my obligations to abide by 11th Cir. R. 26.1-2 and 11th Cir. R. 26.1-3
By: ____________________________
JAMES B. STEGEMAN,
Pro Se
821 Sheppard Rd
Stone Mountain, GA 30083
(404) 300-9782
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CERTIFICATE OF SERVICE
I Certify that I have this 16th day of February, 2009 served a true and correct
attorneys on record by causing to be deposited with the U.S.P.S., First Class Mail,
_______________________________
JAMES B. STEGEMAN, Pro Se
821 Sheppard Rd
Stone Mountain, GA 30083
(404) 300-9782
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