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IN THE SUPERIOR COURT OF BROOKS COUNTY

STATE OF GEORGIA

JERRY McLEOD,

Plaintiff/Petitioner

v. CV 17-30

David Crosby,
Individual, and in his
Official Capacity as
Brooks County Magistrate,

Defendant

PETITION FOR MANDAMUS


Comes now the Plaintiff Jerry McLeod who petitions the Court to issue a Writ of
Mandamus to compel Defendant David Crosby to cease and desist from his unlawful actions
perpetuated against McLeod. Mandamus is an extraordinary remedy to be used when one has no
other adequate and practical remedy at law. Plaintiff/Petitioner McLeod has no other adequate
or practical remedy at law to address the unlawful actions of Crosby.
STATEMENT OF THE CASE
Plaintiff/petitioner McLeod has continuously owned and occupied that certain tract
of land known as Grooverville Methodist Church tract under his claim as heir at law of
Richard H. Ramsey, and by his claim of adverse possession for more than twenty years. This
claim of ownership was formally affirmed in a 2006 court disposition under Chief Judge Arthur
McLane and any opposing claims which could have been brought at that time are now barred by
the doctrine of Res Judicata.
I.
This tract of land was the subject of an alleged invalid tax foreclosure sale to
Howell L. Watkins II Realty Corporation, a south Florida real estate management corporation.
Subsequent to the alleged legally invalid tax foreclosure sale McLeod promptly filed his
Quiet Title Petition (CV-17-30) in this Court. Despite the filing of the petition to quiet title
Magistrate Crosby in collusion with Mike Dewey and Howell Watkins II, has participated in a
convoluted conspiracy to illegally evict McLeod from the Grooverville Church tract occupied
by McLeod in an effort to allow Watkins to avoid the inconveniences of the Quiet Title action.
Realizing that he would be unable to legally acquire any writ of possession or eviction from
any court during the pendency of McLeods Quiet Title Petition Howell Watkins unlawfully
procured the services and aid of Crosby and Dewey to initiate an illegal eviction of McLeod
from the subject property in an effort to avoid the consequences of the Quiet title petition.
The latest saga in this elaborate conspiracy is Crosbys action issuing of a warrant for McLeods
arrest on an invalid warrant for the false charge of criminal trespass on the Grooverville
Methodist Church property tract. David Crosby, acting under color of law as Brooks County
Magistrate Judge stated the authority for his decision to issue the warrant sworn to by Howell
Watkins II was that McLeod was not the owner of the Grooverville Methodist Church property
tract, had never been an owner of the property, and even if he had been had no tenancy interest
in the property either as a holdover tenant or a tenant at suffrage. McLeod was arrested and
imprisoned as a consequence of this invalid warrant issued by Crosby.
O. C.G.A. 17-4-40 (b) requires that a hearing shall be held on all warrants requested and sworn
to by private individuals except in specifically described unusual circumstances which must be
listed on the face of the warrant. None of these circumstances existed ; nor were listed on the
face of the warrant as required and no hearing was held on this invalid warrant sworn to by
Watkins in violation of O.C.G.A.17-4-40 (b).
II.
The Brooks County Magistrate Court is a Court of Limited Jurisdiction created by
The Georgia Legislature. Judge Crosby knows or should know that one of the limitations
imposed on the magistrate court is that the court has no jurisdiction on any matters
concerning title to land. However, Judge Crosby, acting under color of authority, ignoring
McLeods pending previously filed Quiet title petition in which a Lis Pendens is filed, and
the res judicata effect of McLeods aforementioned 2006 case, proceeds to determine title and
ownership of land. This action by Crosby is specifically prohibited by the Georgia Statutes
and the Georgia Uniform Magistrate rules. There is a complete absence of jurisdiction
for Crosby to claim any jurisdictional authority to make any claim whatsoever as to whether
McLeod or any other person is the owner of the Grooverville Methodist Church tract of land.
Crosby further states he has consulted with Brooks County tax commissioner Debbie Rothrock
in his quest to make his unlawful determination of ownership of the land. Debbie Rothrock is a
co-respondent/defendant with Howell Watkins II on the Quiet Title Petition. This consultation
with Rothrock constitututes an Ex Parte communication. The magistrate is prohibited from
engaging in ex-pate communication when determining whether or not to issue a warrant for
ones arrest or in any other action in the Magistrate Court.
III.
It is well established by Georgia law that no court is allowed to intervene or inject itself
into a previously filed and currently pending case involving the same subject matter. However
this is exactly what Crosby attempts to do by allowing his magistrate court (a court of limited
jurisdiction with an absolute absence of any jurisdiction or authority to decide any matters
involving title to land) to attempt to circumvent and preempt McLeods quiet title action.
This unlawful action by Crosby must not be allowed and McLeod seeks a writ of Mandamus and
Prohibition mandating and compelling Crosby to Cease and Desist any further actions either
independently or in collusion with Mike Dewey and his deputies or Howell Watkins II to
deprive McLeod of his life, liberty or property; specifically prohibiting any further actions
relating to dispute of ownership of Grooverville Methodist Church Property tract and adjacent
properties (including but not limited to the issuance of any arrest warrants for McLeod for
any allegations of trespass or interference with the subject tract of property) until a final
disposition of CV-17-30 has been made by a court of competent jurisdiction with authority to
make a final adjudication of the case.
IV.
A Magistrate Judge is usually protected by sovereign immunity for his mistakes and
abuses of discretion; however David Crosby is afforded no such sovereign immunity protection
for his foregoing actions due to the Complete Absence of Jurisdiction over any matters
pertaining to land; Therefore David Crosby is personally liable for and subject to any and all
claims of damages resulting from the issuance of this false and invalid warrant which caused
McLeod to be arrested and imprisoned. There is no disputing that Crosbys flawed and unlawful
determination of ownership of the land was the reason and claimed authority for McLeods
arrest and imprisonment. Therefore; petitioner/plaintiff McLeod specifically preserves the right
to file a separate action and complaint for damages suffered and incurred by the unwarranted and
unlawful actions of David Crosby as an individual while claiming to be acting under color of
law and authority as Brooks County Magistrate Judge.

V.
In a prior unlawful act Magistrate Judge Crosby blatantly demonstrates his desire to
participate in a Mike Deweys conspiracy and collusion with the Quiet title respondent Howell
Watkins by simply rubber stamping a warrant for a search and seizure and subsequent arrest of
McLeod. Any reasonable or functionally literate person would have reasonably concluded the
false affidavit failed to meet even any minimum requirement of probable cause for the search,
seizure and arrest. Magistrate Crosby further failed to even consult the Georgia Animal
Protection Act statute for a definition of animal cruelty or aggravated animal cruelty.
None of the clearly false charges can be interpreted as acts of animal cruelty by even the most
disingenuous or any other person whether or not experienced in the interpretation of laws.
The prosecution has prohibited the inspection of any of McLeods illegally impounded dogs
By any independent experts and has fraudulently concealed the locations where impounded
In multiple violations of the Georgia Animal Protection Act.
In Crosbys unbridled haste to ingratiate himself to Mike Dewey, his deputies and the south
Florida real estate management company owned by Howell Watkins II he denied any bond and
levied unreasonable bond causing McLeod to be falsely imprisoned for more than sixty days.
These unlawful acts were undertaken for the express purpose of removing McLeod and his dogs
from his legally owned property to allow Watkins to enter the disputed property to claim
possession of the property, to allow Dewey, Watkins and others to plunder, pillage and destroy
McLeods personal property and most important of all to deny McLeod access to the courts to
seek any remedy at law. In stating his claim of authority to deny bond and imposed
unprecedented and illegal conditions on the bond. Crosby unbelievably stated he had consulted
with the District attorney, who had advised him as to what charges, claims and conditions he
could impose on the bond. This statement was witnessed by Sheriffs deputy and captain
Michael Bell who affirmed the making of this statement when appearing at a hearing in Brooks
County State Court (transcript is available). Crosby makes no pretense that he intends to comply
with Fourth Amendment requirement of the United States Constitution that any accused is
entitled to a fair hearing before a Neutral and Detached magistrate. Neither the requirements of
the Constitution nor the Georgia statutes have any effect or limitations of the illegal acts taken by
Judge David Crosby in the Brooks County magistrate court.
CONCLUSION
1. McLeod requests the Court to:
Immediately issue a writ compelling Magistrate David Crosby to prepare an order stating the
criminal trespassing warrant issued against McLeod is invalid, null, void, nugatory, and of no

legal effect whatsoever due to the Brooks County Magistrate Courts complete absence of
any jurisdiction over matters pertaining to title to land AND that a copy of this
writ is to be personally delivered to Brooks County Sheriff Mike Dewey.
2. That Crosby be ordered to Cease and Desist in any and all of his activities designed to
aid and abet Mike Dewey and/or Howell Watkins II in their efforts to initiate a criminal action to
attempt to gain a strategic advantage in McLeods Quiet Title action, AND that he is not to issue
any warrants which appear to be designed to attempt to achieve this purpose.
3. That sanctions be issued against Magistrate Crosby for his actions in operating the magistrate
Court as as nothing more than a rubber stamp for the Sheriffs office and the prosecutor for
purely partisan political purposes.
4. That Crosby be required to immediately undergo formal judicial training classes on the
responsibilities and limitations of his office as Magistrate Judge.
5. That Crosby, Mike Dewey, and his deputies Cease and Desist from all further acts disguised
as acts of law enforcement under color of law to further harass, intimidate and invade the privacy
of McLeod.
Respectfully Submitted

Jerry McLeod Pro Per


1675 Liberty Church Road
Boston, Georgia 31626
AFFIDAVIT
The undersigned does hereby swear and affirm in the presence of one authorized to administer
oaths that the foregoing statements made in his petition are true and correct based on his
personal knowledge.

_____________________________

Notary
CERTIFICATION
I hereby certify I have served the defendant with a copy of the foregoing by depositing a copy
With the U.S. Postal service with sufficient postage affixed to ensure delivery to the address
shown below.

_________________________

Jerry McLeod

David Crosby

Brooks County Magistrate office

410 East Courtland Avenue

Quitman, Georgia 31643