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Topic: Pro Se Assistance

Created on: 11/13/24 01:52 PM

Replies: 6

MIGUEL4


Joined: 07/30/24

Posts: 3

Pro Se Assistance
11/13/24 1:52 PM

Greetings to all,

I purchased the course because I was taken advantage of by multiple attorneys. Dove into the course and proceeded to write up 7 motions which the judge ignored or gave a lame excuse for not taking action. Then he asked if I am ready for trial. My response was no one is ready for trial. The defendants don't even have a legal standing or surveys in an easement and private property dispute. The judge then proceeds to suggest out of court settlement to try to resolve the issues instead of reading the motions and acting on them which would give us a default judgement. So the said things that show that he is biased. What options do we have? Feedback is appreciated.

Miguel Cruz

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ROBERT51528


Joined: 06/02/23

Posts: 10

RE: Pro Se Assistance
11/24/24 11:05 AM

Miguel,
What state? So I can look up laws in that state for you. Also if you have TikTok there is a wonderful bunch of people on there that can also help with "sui juris" I was told that is better to say in these situations due to the court not being as respectful to pro se litigation.
How ever you did GET IT ALL FILED INTO THE CLERK correct to make it a court of RECORD so you can appeal it?
Also make sure you file forms so you don't have to pay the court fees!

Peace

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ROBERT51528


Joined: 06/02/23

Posts: 10

RE: Pro Se Assistance
11/24/24 11:15 AM

1. Challenge Judicial Bias
Judicial bias undermines the right to a fair trial, a principle guaranteed by the Fourteenth Amendment’s Due Process Clause. Judges are required to be impartial under Canon 2 of the Code of Judicial Conduct.

Key Case Law:
Tumey v. Ohio, 273 U.S. 510 (1927): A judge must be impartial, and any interest or bias that creates doubt about impartiality violates due process.
Liteky v. United States, 510 U.S. 540 (1994): Explains that judicial bias must stem from an extrajudicial source or result in a high likelihood of unfairness.
If the judge's conduct shows bias, you may file a motion to disqualify the judge under the court’s rules of procedure. Provide specific examples of the bias, such as dismissing motions without valid reasoning or pressuring settlement inappropriately.

Peace

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ROBERT51528


Joined: 06/02/23

Posts: 10

RE: Pro Se Assistance
11/24/24 11:15 AM

1. Challenge Judicial Bias
Judicial bias undermines the right to a fair trial, a principle guaranteed by the Fourteenth Amendment’s Due Process Clause. Judges are required to be impartial under Canon 2 of the Code of Judicial Conduct.

Key Case Law:
Tumey v. Ohio, 273 U.S. 510 (1927): A judge must be impartial, and any interest or bias that creates doubt about impartiality violates due process.
Liteky v. United States, 510 U.S. 540 (1994): Explains that judicial bias must stem from an extrajudicial source or result in a high likelihood of unfairness.
If the judge's conduct shows bias, you may file a motion to disqualify the judge under the court’s rules of procedure. Provide specific examples of the bias, such as dismissing motions without valid reasoning or pressuring settlement inappropriately.

Peace

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ROBERT51528


Joined: 06/02/23

Posts: 10

RE: Pro Se Assistance
11/24/24 11:17 AM

2. Right to Have Motions Addressed
A court has an obligation to consider and rule on motions filed by the parties. Ignoring motions violates due process rights under the Fifth and Fourteenth Amendments.

Lex non cogit ad impossibilia (The law does not compel the impossible): This applies to your argument that you weren’t prepared for trial due to procedural deficiencies.
Case Law:

Reynolds v. Alabama Dept. of Transp., 4 F. Supp. 2d 1078 (M.D. Ala. 1998): Courts must address and rule on all motions before proceeding to trial to ensure procedural fairness.
Logan v. Zimmerman Brush Co., 455 U.S. 422 (1982): Failure to follow procedural rules deprives a litigant of due process.
File a motion to compel rulings on your motions, emphasizing the judge’s duty to rule and how failure to do so prejudiced your case.

Peace

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MIGUEL4


Joined: 07/30/24

Posts: 3

RE: Pro Se Assistance
11/24/24 5:02 PM

Hello Robert51528,

Thank for responding to my post. Here are my responses to your questions:

1. Pennsylvania
2. Yes, I have filed all motions.
3. Please clarify "Also make sure you file forms so you don't have to pay the court fees!" What forms are you referring to?

Miguel Cruz

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MIGUEL4


Joined: 07/30/24

Posts: 3

RE: Pro Se Assistance
11/25/24 1:00 PM

On October 31, 2024, the judge said that he would step down as judge in order to mediate our case since he is the best one to mediate. All parties agreed to his suggestion but afterwards after reviewing what he stated, he can't be judge and mediator on this case. Conflict of interest. We received the order for settlement conference but we haven't received the order of recusal from the judge. How do we let the judge know that he is violating the rules/laws? Who do we report this behavior to? Suggestions appreciated. I would donate for assistance with this case.

Miguel Cruz

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