IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

Paul Clarence Bailey                                                                                Cause # 417 -CV 00276

v.

Greg Willis; Et Al

PLAINTIFF’S RESPONSE TO PLEAS BY THE DEFENDANT THE FRISCO POLICE DEPARTMENT’S RESPONSE TO PLAINTIFF’S OBJECTIONS TO THE COURT’S RULING TO DISMISS

Plaintiff requests the Court be cognizant that this is a “Pro Se” pleading; and as such,

is not held to the same high standard of perfection as those of practicing attorneys.

 Movant respectfully requests the court recognize the reason for such, whereas this is a “Propria Persona” without regard to technicalities as expected in such legal citing, but rather a sincere attempt, not held in ransom to legalistic interpretations that tend to restrict a just process. SEE: HAINES v KERNE Et Al., 404 US 519, 97 at 594, 30 L

Ed 2s 652, RE HALL v. BELLMON, 935 F2, 1106 (10th or 1991).

Now comes Paul Clarence Bailey, Plaintiff Pro Se, and responds to yet another redundant motion of “Rambo Lawyering” by the defendants that take turns filing such, in their  attempts to disregard the rule of law, inundate the court with frivolous motions, while attempting to include/collude with the federal court sympathetic to their illegal acts being exposed. All while attempting to evade justice being served and detract from their considerable acts of violations of the constitutional rights of the Plaintiff, via their “Fraud on the Court” activities.

 NOW they ask the court to ignore all of it and respond to issues that are irrelevant, in light of the court’s own introductory “History”, that is substantial to the aforementioned, as “opening the door” to a proper enlightening objection by the Plaintiff.

Plaintiff further submits that their latest appeal being made directly to Judge Mazzant, (as well as Magistrate Johnson, which Plaintiff submit is but another ruse to distract from their ultimate intentions) of addressing Judge Mazzant in their latest motion. All which, is but a conclusive act, by the Defendants meant ONLY to obtain a favorable response by his (Judge Mazzant’s) intervention in some capacity, is a clear act of his subjecting his bias. Notably, in this case, that Plaintiff has REPEATEDLY requested his recusal previously.   A request that is clearly justified in accordance to the rule of law, and NOW stands acclimated.

Therefore, another request for recusal is now being set forth, AND in all respect, Plaintiff feels is in the best interest of Judge Mazzant, as well.     As the Defendants actions have clearly risen to acts that are not simple acts of judicial pandering, BUT CLEARLY rise to a level of  criminal intent.

Plaintiff submits that the Defendants claims are essentially BEST summarized in this type of opening paragraph, from their latest motion, as “PLEASE SAVE US JUDGE! WE ARE ABOUT TO BE EXPOSED! OUR LEGAL CAREERS ARE AT STAKE, AS IS OUR REPUTATION, FOR THE CONSTITUTION VIOLATING, CORRUPT TREASONOUS ACTORS OF ‘FRAUD ON THE COURT’ SOCIAL REPROBATES THAT WE ARE, TO OUR ELECTING CONSTITUENCY, AND THE PUBLIC AT LARGE.”

The Frisco PD’s Motion to Dismiss is based on the pleadings and legal defenses, including immunities, statute of limitations, and other straightforward legal issues…                       

RESPONSE #1, THERE ARE NO SUCH DEFENSES FOR “FRAUD ON THE COURT” NOR “CONSPIRACY”, ACTIONS THAT NOW INCLUDE THIS COURT BEING THE DFENDANTS LATEST ATTEMPT, AT SOLICITING COLLUSION AND PERPETUATING FRAUD…… 

  Plaintiff’s objections do not address these defenses or state why they are inapplicable.           REPEAT RESPONSE #1. …..
 

  Further, Plaintiff’s objections do not point out any legal error in the Report and Recommendation, which correctly applies the cited law therein….THE LAW “STATED THEREIN” IS THE COURT’S REPORT AND RECOMMENDATIONS, WHICH IS PREDICATED UPON PERPETUATED “FRAUD ON THE COURT” THAT CHANGES THE COMPLEXITY OF ISSUES …….  ( When a judge acts as a trespasser of the law, when a judge does not follow the law, the judge loses subject-matter jurisdiction and the judge’s orders are void, of no legal force or effect. Yates v. Village of Hoffman Estates, Illinois, 209 F. Supp. 757 N.D. Ill. 1962)

Rather, Plaintiff continues to collaterally attack his criminal conviction and those that were involved in the arrest, prosecution, and related matters…… THE FACT THAT A 1983 CLAIM IS “AN ALLOWABLE VENUE TO DO SO, IS BUT ANOTHER POINT IN CONTENTION….AND DEFENDANTS KNOW THEY CAN NOT DEFEND THEIR ACTS OF FRAUD, AND CHOOSES RATHER TO SKATE AROUND ON THIN ICE THAT WILL ASSUREDLY BREAK!                                                                                                                                  

  Frisco PD’s Motion to Dismiss is based on the pleadings and legal defenses, including immunity, statute of limitations, and other straightforward legal issues…                                
“THE POINT IS” THAT THE COURT’S RECOMMENDATIONS ARE PREDICATED UPON A PERPETUATED ‘CONSPIRATORIAL’ ACTS OF ‘FRAUD ON THE COURT’, ARE NOT APPLICABLE IN SUCH ACTIONS   

 The Frisco PD contends that Plaintiff’s objections are without merit, do not address the legal defenses the Frisco PD raised in its dis-positive motion, and fail to identify any legal error in the………                
THEY’RE JUST KIDDING, RIGHT??!!   SO, ATTEMPTING TO INCLUDE A FEDERAL COURT MAGISTRATE….AND NOW A JUDGE, IN ACTS OF PERPETUATED ‘CONSPIRATORIAL’ ACTS OF ‘FRAUD ON THE COURT’ BY THEM, AND THEIR COHORTS WITHIN THE STATE JUDICIARY, IS SUPPOSE TO BE A LEGAL DEFENSE BY FRISCO PD AND D.A. WILLIS’ OFFICE ????? PLAINTIFF CONTENDS THAT SUCH ACTS WILL NOT SURVIVE A MINIMAL APPEAL.                                                                                                                                                                                                              

Perhaps, their status is most relevant to the court’s analysis first under Rule 60(d)(3)—i.e., should the courts be more flexible and willing to set aside judgments in cases where the victim was not adequately represented by counsel when the fraud occurred …. (AS THE DEFENDANTS WERE THE SO-CALLED REPRESENTING COUNSEL THAT CONSPIRED TO COMMIT THE FRAUDS)

A “concerned citizen” (after not receiving an explanation from The Texas Rangers) and the Plaintiff filed a complaint with the F.B.I. office in Dallas some time back, as to why Agent Richard Volaskas was involved (which they acknowledged as being “very unusual’), AND submitted considerable documents including phone records that we will be following up on shortly as to their own investigation results. (we have not yet, as mention that a S.S. Agent was also involved, as listed on Frisco P.D. “command roster”).

Regardless, there should be some considerable concern as to this case being in “the County” that shares the title as the “MOST CORRUPT COUNTY IN ALL THE U.S.”, as precedence for the court to consider ALL it’s options.

WHEREFORE, PREMISES CONSIDERED Plaintiff submits that this case, now before the court, involves serious infractions by the Frisco Police Dept. in collusion with the various State of Texas DA’s and the Judiciary, which perpetuated the intentional fraud.

Frisco Police’s actions, having transpired over the past approx.. 9 years and have consequently cost the Plaintiff the loss of his home, his entire life savings, including ALL his possessions, THEN they incarcerated him for 5 years. They then, denied him proper medical attention, hoping him to die while incarcerated (a fact that has much substantiating evidence, which includes denying him medication prescribed by Parkland Hospital in Dallas while he was incarcerated “illegally” there, as well as trips from the prison, to hospitals for poisoning)

ALL THIS, to cover-up their egregious excessive force, civil malfeasance, and avoid the public from the knowledge that he was in reality, protecting himself from a burglary, that THEY THEN DID bring to fruition!  An act that required that their numerous acts of “Fraud on the Court” be accomplished to cover-up for Frisco P.D’s considerable constitutional violations and civil malfeasance… with the assistance of their cohorts!

These FACTS are now set before the court, because their considerable violations of the rule of law managed to even induce this court into excepting their “HISTORY” fraud narrative!

Consequently, such a dismissal even being considered “with prejudice” is nothing less than an OBSCENE gesture, denying justice to an innocent man, convicted ONLY by fraud, initiated by The Frisco Police, to secure a conviction. A perpetuated fraud that they have NOW  sold, even to this court.

Haven risen to a monumental case, of not simply malicious prosecution, (that should certainly be remanded to the trial court to be properly disposed of), BUT ALSO involves acts by the Defendants to conspire to collude with this federal court in acts of bias, with desperation, intent ONLY upon saving their political hides, ….that the court NEED NOT be entrapped in.

A special notation is made to remind the court just how deep the ominous nature of this case is. The court should consider that Plaintiff’s assertion that Det. Debra Stansell being “deceased by suspicious means” is NOT his alone, but that of family members as well. AND why would the FORGED signature of this deceased detective be the ONE that appears on ALL the court documents that set Frisco P.D,’s “fairy tale” story of fraud so colluded??!! A woman that just so happens to die an “unsuspected suicide” that becomes the instrument for so many forged instruments AND could have singularly vindicated the Plaintiff in his jury trial, as the person that knowingly SOLICITED the burglar to Plaintiff’s home against his will. (see Stephen Rosas Affidavit) These facts NOW set substantiating circumstances/evidence that undeniably calls for a proper investigation (the court’s own inquiry, will reveal a white-washed one previously). Plaintiff IS CLEARLY stating that he believes Debra Stansell is far more than an unwitting liar, that required her signature be forged on fraudulent police documents, and she was likely the victim of this “sinister plot” originally hatched by Defendants Frisco P.D., Collin County D.A., and Gibbs and Ledbetter counsel to the now Plaintiff, and thereby constitutes a Capital Murder investigation to ensue!!

This case IS FAR MORE than meets the eye, and the Defendant’s NOT EVEN ATTEMPTING to dispute the fraud allegations, should set the court back on it’s heels! Bad cop decisions costing good cop lives is NOT the Plaintiff’s concoction, it is a documented fact of what this crazed “blue line” fraternity of corruption has brought to civil society to cover up corruption, excessive force, and malfeasance such as the Frisco P. D. IS guilty of. All at the expense of an innocent man having HIS WHOLE LIFE STOLEN by them! God have mercy on the many other members of the judiciary that have then turned their backs on SO MUCH evidence and allowed it to go unchecked…. HOPEFULLY, THIS COURT WILL SEE A WAY, TO SET A REMEDY IN MOTION TO RECIFY THIS GROSS INJUSTICE!

PLAINTIFF THEREBY, sets forth his “Motions(s)Objecting to the Courts Dismissal” to stand as proper filings, that he submits righteously, AND that the Defendants latest motion set precedence of Defendant Frisco P.D.’s attempt of collusion to commit bias, as reason for Judge Mazzant to recuse himself. THEN, A CHANGE OF VENUE BE GRANTED!

Perhaps, then have a proper review by the court can be accomplished, of ALL Plaintiff’s submissions in his previous motion(s), in a proper reconsideration ruling.

One that will not require the Plaintiff to be led down the defendants “Rambo Lawyering” “Rabbit Trails” in future legal actions, that HE WILL pursue should justice not be served now.