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This is the Complaint for Mandamus, which I helped write up. This stems from a case involving Jeffrey Dean Saxon who was fined $4000 by the city of Warren, Michigan based on civil citations for his property. More information: http://www.youtube.com/watch?v=ByE2lWEiEu0
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STATE OF MICHIGAN
IN THE MACOMB COUNTY CIRCUIT COURT
Jeffrey Dean Saxon
Plaintiff,
v.
John M. Chmura
Defendant.
_________________________________________________________________/
Jeffrey Dean Saxon, Pro Se
ADDRESS
Warren Mi 48089
PHONE
_________________________________________________________________/
EMERGENCY COMPLAINT FOR MANDAMUS
TO DISQUALIFY THE JUDGE
Pursuant to MCR 2.003(B), MCR 7.206 and MCL 600.4401, et al.
The Plaintiff states:
1. Citations were presented to the Plaintiff on August 25, 2010, regarding violations in the
city code.
2. The Plaintiff challenged those citations.
File no.___________________
3. Judge John M. Chmura ruled in favor of the city on September 29, 2010, incurring a large
fine for the Plaintiff.
4. The Judge lacked jurisdiction to impose fines, not withstanding fines that far exceeded
constitutional limitations and lawful limitations of fines allowed.
5. The Plaintiff filed a Motion to Reconsider [exhibit A] on Oct 12 2010 and a Motion to
Disqualify Judge Chmura [exhibit B] on Oct. 15 2010.
6. The Defendant summarily dismissed all of the Plaintiff’s Motions on Oct. 21 2010.
7. The Defendant refused to follow lawful procedure regarding the Plaintiff’s Motion to
Disqualify when the Plaintiff inquired about the dismissal of the Motion to Disqualify.
8. The proper procedures for Disqualification are laid out in MCR 2.003(B), which the
Defendant unlawfully chose to ignore.
9. The Defendant’s Court Administrator, Robert Curtis, informed the Plaintiff that the
Defendant would not be granting the Motion to Disqualify, that the Motion to Disqualify had
been summarily dismissed and that the Defendant would not be sending it to a higher court,
in accordance with MCR 2.003(B). see Affidavit of Events of October 21, 2010 [exhibit C].
10. The Plaintiff is not barred from any action of a Writ of Mandamus.
Plaintiff has attached his Brief in Support of Complaint for Mandamus to this Complaint.
WHEREFORE, Plaintiff moves the court to issue a Writ of Mandamus to inquire into the matter
of the judicial disqualification of Judge Chmura and for Defendant to show cause why he did not
comply with law and that following said hearing the lawful process of appeal be ordered and
granted in accordance with MCR 2.003(B).
_____________________________
JEFFREY DEAN: SAXON
ADDRESS
Warren Mi 48089
PHONE
Michigan State Republic )
) Jurat
Macomb County )
On the ______ day of ____________, 20_____, Jeffery-Dean, family of Saxon personally appeared
before me and proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed hereto and acknowledged to me that he executed the same under
asseveration, and accepts the facts thereof. Subscribed and affirmed before me this day.
Witness my hand and seal this ______ day of __________________, 20_____,
_________________________________________________________
Notary Signature
My commission expires:
___________________________________