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St
i
i FILED IN
ft E
AR d 5 2007 M
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA 1gWS,N N~~~~t~,
ATLANTA, DIVISION ~ LERK
JAMES B STEGEMAN, )
Plaintiff ) CIVIL ACTION
v } FILE NO . : 1 :06-cv-02954WSD
persons, their property and Rights under the Fourteenth Amendment .'
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To this point, Plaintiff has been denied any and all help in legal matters,
When the problems began, Plaintiff requested legal aid when being sued by
for legal aid, was refused. Plaintiff requested his property and Rights be protected,
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Plaintiff, forced to proceed as a Pro Se litigant against his wishes and against
his better judgment, the State, County, City, defendants again deny this Plaintiff
his Rights, deny Plaintiff federally funded programs to which he is entitled, again
The defendants committed criminal acts, the facts show clear and convincing
these criminals .5
State or local government entity) to which the assistance is extended, in the case
assistance to a State or local government ;
§2000d-7 . Civil Rights and remedies equalization (a)(1) A State shall not be
immune under the Eleventh Amendment of the Constitution of the United States
from suit in Federal court for a violation of section 504 of the Rehabilitation Act of
1973 (29U.S .C . 794) . . .or the provision of an other Federal statute rohibitin
discrimination by recip ients of Federal financial assistance . (2) In a suit against a
State for a violation of a statute referred to in paragraph (1), remedies (including
remedies both at law and in equity) are available for such a violation to the same
extent as such remedies are available for such a violation in the suit against any
public or private entity other than a State .
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A I" 1 ~
Any of the defendants which receives Federal Funding, have thereby waived
all immunities.
Governor Perdue having sworn an Oath of Office, and having violated same,
Plaintiff three times attempted to have Governor Perdue look into violations
of his Rights and cause the defendants to abide by both Georgia and United States
Law . Each time Plaintiff was refused any and all help, the last time Plaintiff was
order for unlawful acts of any official to be done under "color of any law," the
unlawful acts must be done while such official is purporting or pretending to act in
the performance of his/her official duties . This definition includes, in addition to
law enforcement officials, individuals such as Mayors, Council persons, Judges,
Nursing Home Proprietors, Security Guards, etc ., persons who are bound by laws,
statutes ordinances, or customs ."
"Punishment varies from a fine or imprisonment of up to one year, or both,
and if bodily injury results or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire shall be fined or
imprisoned up to ten years or both, and if death results, or if such acts include
kidnapping or an attempt to kidnap . . . or an attempt to kill, shall be fined under this
title, or imprisoned for any term of years or for life, or both, or may be sentenced
to death." http ://www .fbi. og v/hq/cicUcivilrights/statutes .htm
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4. ,
Summons for Governor has been served and now claims he represents none of
them) insists that the statute of limitations has expired . T This Plaintiff is legally
Federally disabled with dual and multiple disabilities and a member of a protected
class, has suffered extreme discrimination by these defendants, whilst in the middle
of defendant's violating Plaintiff's Rights, and the Rights of his elderly, disabled
aunt who was kidnapped and killed there are no statute of limitations . (See fn 5)
' 4.C .G.A. § 9-3-99 . : The running of the period of limitations with respect
to any cause of action in tort that may be brought by the victim of an alleged crime
which arises out of the facts and circumstances relating to the commission of such
alleged crime committed in this state shall be tolled from the date of the
commission of the alleged crime or the act giving rise to such action in tort until
the prosecution of such crime or act has become final or otherwise germinated,
provided that such time does not exceed six years .
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A
CONCLUSION
Plaintiff, a Pro Se litigant, forced into representing himself because acts of the
defendants left Plaintiff no other choice, MOVES this Court to be lenient to his
errors should there be any, understanding of the hardships he suffers daily and
Pennsylvania Railway, (151 F2d . 240 Third Circuit Court of Appeals . In Picking,
the plaintiffs civil rights was 150 pages and described by a federal judge as "inept ."
Nevertheless, it was held : "where a Plaintiff pleads pro-se in a suit for protection
of civil rights, the court should endeavor to construe plaintiffs pleading without
U.S . 172 (1965) it was held that in a "motion to dismiss, the material allegations of
the complaint are taken as admitted ." "From this vantage point, courts are
reluctant to dismiss complaints unless it appears the plaintiff can prove no set of
facts in support of his claim which would entitle him to relief' (See Conley vs .
Gibson, 355 U .S. (1957) . ; In Puckett v. Cox, it was held that a pro-se complaint
requires less stringent reading than one drafted by a lawyer (456 F2d . 233 (1972
Sixth Circuit U.S .C .A.) said Justice Black in Conley v . Gibson, 355 U.S. 41 at
48 1957 "The Federal Rules rejects the approach that pleading is a game of skill
in which one misstep by counsel may be decisive to the outcome and accept the
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Case 1:06-cv-02954-WSD Document 49-2 Filed 03/05/2007 Page 9 of 12
principle that the purpose of pleading is to facilitate a proper decision the merits ."
principle
justice ." The Court also cited Rule 8(f) FRCP, which holds that "all pleadings
"It could also be argued that to dismiss a Civil Rights action or other lawsuit
in which a serious factual pattern or allegation of a cause of action has been made
litigant of equal protection of the law visa vis a party who is represented by
counsel . In a fair system, victory should go to a party who has the better case, not
For all the reasons stated in the previous paragraphs, Plaintiff MOVES this
three Motions To Di smiss filed on behalf of the Defendants , whether or not they
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0 K.'• ;
CERTIFICATE OF COMPLIANCE
has been prepared in conformity with LR 5 .1, N.D. GA. This Motion was prepared
with Times New Roman (14 point) type, with a top margin of one and one-half
(1 .5") inches and a left margin of one (1") inch, is proportionately spaced .
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Case 1:06-cv-02954-WSD
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Document 49-2 Filed 03/05/2007 Page 12 of 12
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was mailed to the defendants
through their attorney on record by causing a true and correct copy of same, to be
deposited into The United States Postal Service, proper postage affixed as follows :
Matthew R. LaValle
Daley, Koster & LaValle, LLC
Overlook 1
2849 Paces Ferry Rd ., Suite 160
Atlanta, GA 30339
Mr . Carothers
278 West Main St
Buford, GA 30518
Brenda A . Raspberry
DeKalb County Law Department
1300 Commerce Drive, 5~' Floor
Decatur, GA 30030
JAMESSTEGE )q "Pro Se
821 Sheppard Rd
Stone Mountain, GA 30083
(770 879-8737
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