jeudi 4 octobre 2018

Deprived Due Process at Protection Order Hearing

My question involves court procedures for the state of: Ohio

I filed a motion for a protection order (with an ex parte hearing) on October 3rd 2018. The court staff trampled on my due process rights by refusing to admit my extended type-written affidavits and case summaries, as well as a USB drive with hard evidence into record. These material omissions in violation of 18 USC 1000 (fraud, false statements) may have led to denial of ex parte relief and made me look incompetent to the judge.

The ship is now sailing full speed ahead to the full hearing on November 1st 2018 and it appears they are setting me up to fail with the same problem (base the decision on 1-2 paragraphs of chicken scratch on a court form to make me look in competent when I keep waving a large box of affidavits and evidence saying 'here, here, here! this is what you need to be responding to!'). The respondents could possible file a motion to dismiss with prejudice (or something akin to that) based on a few lines of chicken scratch when I have evidence that proves them guilty beyond a reaonsble doubt that the court clerk refused to let me use.

In short, I'm in fear they're going to dismiss my case by basing the ruling entirely on a few lines of chicken scratch when I told them over and over again that I had detailed statements that were type written.

I filed a motion for reconsideration today with the judge. I informed him that material facts were omitted from record maliciously by the court staff, despite my attempt to intervene and catch the error. I advised the judge to either throw the case out and have me refile, or to amend the original petition by admitting my evidence onto record.

I am now waiting for his response to my motion for reconsideration.

I'm pissed. This bitch at the clerk of courts did major damage to my claims, and set me off on the wrong foot, weakening my case from the start, since we're now at the 'need to amend' stage when there would have been no need to amend if they did as I said and attached my type written documents and evidence. She forced this injury knowingly even after I raised the issue with her, requesting that she attach my type written affidavits to the chick scratch document, which began with the statement "see attached affidavits w/ summary," which should have made it clear the few sentences of chicken scratch were not to be relied on.

An addition question: I had drafted the protection order motion as a stand alone document (modeled after an injunction, and based on the a number of .pdf examples of standard court forms). I was under the impression I would get this submitted to the courts and have this respected as the motion, just like a formal civil 'complaint.' Can I file a motion to throw the case out and refile and then get them to accept my type written document as the stand alone petition? It appears they can do this, since just today they accepted, had me sign, and stamped off on my type-written "motion for reconsideration."

This is bullshit. I want this clerk arrested, my life is on the line and she tried to steal it from me by omitting evidence and factual matter against my will and then having us proceed to the final hearing where only a few sentences of chicken scratch are being used to evaluate the merits of my claim. Now the respondents only have the contest a few lines of chicken scratch and not a 150 page affidavit plus a supplementary 50 page factual matter document, plus a mountain of evidence on a USB disk. The clerk tried to rob me of my life and she is going down. It appeared she was trying to fraudulently induce a 'dismissed with prejudice' style ruling by making me look like a moron. I want this women arrested.


Deprived Due Process at Protection Order Hearing

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