Beruflich Dokumente
Kultur Dokumente
No. 15-1195
PAUL L. MUCKLE
Plaintiff - Appellant
v.
Defendants - Appellees
______________________________________________________________________
Surely, some of you reading this respond may have heard of “a certain type animal which
would chew off its own leg to escape a trap. That is an animal kind of trick, a clever human like
Paul L. Muckle would remain in the trap, enduring the pain and feigning death, so that he may
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pounce on the unsuspecting trappers killing them, thus removing the constant threat to himself
and his kind, because the people upon whom judgment is passed must feel the Fairness of it”.
Now from this document everyone will fully comprehend what I truly meant in that alleged
threatening email I sent to the defendant Sean R. Higgins saying, “Foxes will be left in the
ditches to get slaughtered, while the weasels like Sean Higgins try to weasel his way out of it”
And now comes Paul L. Muckle pouncing, the Plaintiff-Appellant in the above
entitled matter and present his respond in accordance with this Court’s invitation
to respond in regard to the May 18, 2018 notification that Judge David Barron, who
participated in this court’s March 25, 2016 Judgment in this above-referenced case, was at that
time disqualified from rendering any such judgment due to a financial interest with one of the
defendants, Wells Fargo Bank, at the time of his judgment, and of his repentance and
contriteness in recusing himself from his judgment in accordance with Canon 3C(1)(c) of the
Code of Conduct for United States Judges and 28 U.S.C. § 455(b)(4) due to a conflict of
1) Indeed, “There is a Higher Court than courts of justice, and that is the Court of the
conscience. It supersedes all other courts”. I wanted to know who was Mister Barron. I
was waiting for him to come because I knew he had a confession. I did not know it was
Judge David Barron when I kept posting his name for the past several months on my
Facebook page asking who he was, but I know it is him now. The Court of the
conscience of the Honourable Judge David Barron has unleased Pandora’s Box with all
its plagues upon the defendants in this case. Judge Barron’s recusal and notification of
his disqualification due to the discovery of a financial interest in Wells Fargo Bank may
not void the ruling in this instant appeal, however it will be the catalyst for the
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nullification of the rulings and orders of the defendant Judge Douglas P. Woodlock in
case number 07-11437-DPW. Now everyone will understand what I meant in that alleged
threatening email to the defendant Sean R. Higgins stating, “Foxes will be left in the
ditches to get slaughtered while the weasels like Sean Higgins try to weasel his way out
of it. Those words were never meant as a threat of physical harm or slaughter to Sean
Higgins or to anyone else, that was my way of foretelling the story of the legal battle
which will come in the future when the foxes, who are the government officials, and Sean
Higgins, the weasel, think that they have me completely beaten trapped, and subjugated,
a grand event would come about and I would rise up and slaughter them judicially in the
very same pit of the justice system which they thought they had trapped and buried me in.
I was talking about a legal slaughter in the courtrooms using the law when I expose the
frauds and improprieties perpetrated upon me by the courts, and reverse the malicious
committed against me by Sean Higgins with the aid of law enforcement officials, but
Sean Higgins will try to weasel his way out of responsibility by putting all the blame on
the government and saying he is not a government official so he cannot be held liable for
any illegal action or tort the government committed against to Paul Muckle.
2) The slaughter has begun! It started in the Massachusetts Supreme Court and is now
boiling over into the United States First Circuit Court of Appeals and will crescendo in
the U.S District Court when I move to nullify Judge Woodlock ruling in the 2007 case. I
3) Upon the grounds of Fairness, because the people upon whom judgment is passed must
feel the Fairness of it, Muckle respectfully moves the two remaining judges on the panel
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to also recuse themselves from their participation in the judgment of 3/25/2016, and to
vacate their decision and assign the case to a new panel for rehearing,
with the defendant Wells Fargo Bank at the time of his vote for judgment in
favor of Wells Fargo Bank concerns the appearance of impropriety, and there
is a grave concern that his conflict of interest may have caused him to apply
undue influence and pressure on the other members of the panel to effect
4) In the absence of a fully written memorandum and order stating the separate
opinion and mindset of the other two members of the panel, there is no way of
gauging the amount of influence the disqualified Judge Barron may have had
5) From that memo he wrote which President Obama used to assert legal rights
record saying that the government has a right to illegally murder its citizens
or commit all types of crimes against them without having to answer for it in
a court of law. That being stated, if Judge David Barron is on the record
showing he has no respect for the rule of law when it comes to government
Barron denials that he did not know of his financial interest at the time of his
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participation in the appeal, and am I to believe the Panel’s denials that Judge
6) In light of the fact that the Panel’s Memorandum and Order affirming the
lower court’s dismissal of the complaint contains no language from which any
fair and rational reviewer of the facts can determine that the other two
pressure and influence from Judge Barron who knew or had an absolute duty
to know that he had a financial interest with a party to this suit. The panel’s
decision is in boilerplate form stating, “Appellant Paul Muckle, proceeding pro se,
appeals from the district court's dismissal of his amended complaint for failure to state a
claim. Having carefully examined the amended complaint and the appellant's arguments
on appeal, we affirm the judgment of dismissal.” From this boilerplate language there is
absolutely no evidence to indicate that the disqualified Judge Barron did not write it,
there is nothing whatsoever to be gleaned from it which would indicate that the other two
judges even read Muckle’s brief. In fact, the decision is not even signed by any of the
judges on the panel, the order affirming the dismissal was signed electronically by the
clerk, therefore, where is the evidence to prove that the panel’s participation was fair,
independent of Judge Barron’s improper influence, and impartial? Perhaps this case will
set the precedent requiring judges to write their independent opinions in deciding
controversial appellate cases to prove their full participation and independence, thus
avoiding situations like this where one party is certain to feel that they were denied
justice. “The people upon whom judgment is passed must feel the Fairness of it”, a fully
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7) So, what have we here now, in the presence of a lack of proof that the
disqualified and recused Honorable Judge Barron, should I the one who lost the
appeal partially in part by the vote of a disqualified member of the panel, still turn around
and take the panel’s word for it that it even participated fully in any deliberations and that
they were not strongly influenced by Judge Barron’s in his defense of his financial
interest in the outcome of the case? My lawsuit was an attempt to bankrupt Wells Fargo
Bank, or heavily effects it stocks, surely, Judge Barron had an interest in protecting his
financial interest.
8) Perhaps I would accept the Honorable Judge Barron’s words for it and accept the other
two members of the panel’s word for it as to their honesty and impartiality in their
decision and rulings in this case if Judge Barron’s confession had not opened Pandora’s
Box and thrown this case and the other two cases in the series into a tailspin. Judge
David Barron’s notification of his disqualification because of his financial interest may
not nullify the ruling in this instant appeal, however it will be the catalyst to the
nullification of the ruling and orders of the defendant Judge Douglas P. Woodlock in case
violated the Canon 3C(1)(c) of the Code of Conduct for United States Judges, and the
broke the law, statutes, 28 U.S.C. §§ 455 and 144 in his failure to recuse
himself from that case and notify the clerk and the parties in that case that
9) Judge Woodlock was disqualified from presiding over the first case filed in this series of
lawsuits, case number 07-11437-DPW, because at the time of his Order dismissing the
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complaint Judge Woodlock had a financial interest in one of the defendants in that case.
Judge Woodlock violated the Canon Code of Conduct and broke the law because he
failed to do as Judge Barron did by notifying the Clerk of his disqualification in presiding
over that case and his automatic recusal which would have vacated his judgment which
he made in favor of the defendant with whom he had a financial interest at the time.
10) In August 2012, after Muckle filed a second lawsuit against Wells Fargo Bank et al., in
State Court, attorney Sean Higgins, seeking a favorable decision from Judge Woodlock
removed the case to federal court to Judge Woodlock, Case number, 12-11517DPW.
However, Judge Woodlock rejected the case on the grounds that he was required to
recuse himself from the case because of the death of a family member in May 2012 and
because they were in the process of settling the estate he may “Now” deemed to have a
11) Despite his notification of his financial interest in a defendant and his recusal in the 2012
case, he did not do the same thing for the previous case as he was required to do. In the
2007 case, Judge Woodlock violated Canon 3C(1)(c) of the Code of Conduct for United
States Judges and broke the law 28 U.S.C. §§ 455 (a), which states in parts:
28 U.S. Code § 455 (a) “Any justice, judge, or magistrate judge of the
United States shall disqualify himself in any proceeding in which his
impartiality might reasonably be questioned. He shall also disqualify
himself in the following circumstances:
(4) He knows that he, individually or as a fiduciary, or his spouse or
minor child residing in his household, has a financial interest in the
subject matter in controversy or in a party to the proceeding, or any
other interest that could be substantially affected by the outcome of
the proceeding;
(5)He or his spouse, or a person within the third degree of relationship
to either of them, or the spouse of such a person:
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12) Surely, in his obvious choice of wording in his Memorandum and Order recusing himself
from the second case in this Trinity of Lawsuits involving the same defendant, the
a financial interest “within the meaning of the law” only after the death and settling of the
estate of a family member in May of 2012 from whom he inherited the financial interest.
The defendant is erroneously contending that his financial interest in one of the
defendants to that suit became effective only after the death of his family member in May
of 2012, two years after his rulings in the previous case. If The dead family member had
that financial interest at the time Judge Woodlock was presiding over the 2007 case, and
if judge Woodlock at that time stood to inherit that financial interest or was slated to have
some form of fiduciary duty towards that financial interest after the death of the family
member, or if the family member was a close relative of the judge to the third person,
then under the law Judge Woodlock is deemed to have had a financial interest with the
13) Judge Woodlock was required by law and Code to notify the Clerk and Muckle of his
disqualification from presiding over case number 07-11437-DPW and his recusal because
he now discovered that at the time of is actions in that case he would have been
disqualified because of his newly discovered financial interest. Advisory Opinion No.
disqualification that is not discovered until after a judge’s participation in the case:
14) At the time Judge Woodlock allegedly discovered that he had a financial
interest with one of the defendants in the case in which he gave my home
away to there was still time for Judge Woodlock to undo his great error
because the home had not yet been sold to a private buyer, and Muckle was
still living in it, but Judge Woodlock remained silent and violated Advisory
Opinion 71 which directed him to recuse himself and give notification of his
15) The similarities and the contrasts surrounding district court Judge Woodlock and appeals
ignored as mere coincidence, and too Divine to not be looked upon as a dire warning of
more exposure of the great cover up of all those who conspired against me. Whatever you
a) In March 2010, Judge Woodlock, who later was disqualified himself from
presiding over the 2012 case because he had a financial interest with one
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b) Six years later in 2016, in the same month of March as the Judge
interest with one of the defendants who was also a defendant in the Judge
Woodlock case
c) Two years after his order dismissing case 07-11437-DPW in favor of the
interest in one of the same defendants in the case which he had presided
over.
d) Two years after his participation in affirming the lower court decision
18, 2018, disclosed his disqualification and recused himself from his
interest two year after his decision. The 18th date in both cases and the two
years after are the significance here, Judge Woodlock Disclosure was on
August 18th while Judge Barron’s disclosure was on May 18th. Then Judge
Woodlock claims that his financial interest came as a result of the death of
a family member in May of 2012 which is two years after his order of
dismissal in March 2010. On the other hand, Judge Barron alleges that he
2012, Muckle was arrested for allegedly violating the Boston Municipal
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Court Order to not contact the Attorney Sean Higgins who was the alleged
2012, Muckle’s bail was revoke and Muckle was ordered held without bail
deliberately and intentionally lying and telling the Magistrate that Muckle
had made threats to Judge Woodlock, and that “Those threats included
threats to kill”. At the very instant, May 2, 2012, while Muckle’s bail was
being revoked on the deliberate lie that he had threatened to kill Judge
Woodlock, Muckle’s home was foreclosed on and auctioned off, the buyer
was Wells Fargo Bank, a defendant in the case which Judge Woodlock
the defendants. While Muckle was held in jail without bail in May 2012
the foreclosure and sale of Muckle’s home. Then not only did Appeals
Court Judge Barron discover his disqualification in the month of May, but
Muckle gave his attorney two days to get him into court and stop the
illegal sentence Two days later, on May 23, 2014, the trial judge revised
and revoked Muckle prison sentence on the intimidation charge. But here
is where it gets interesting, on the very same exact date May 23, 2014
when the judge revoke Muckle’s jail sentence in the conviction which is
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the focus of this instant complaint Judge Barron received his judicial
Fairness.
16) Do those of you reading this remember the story I told about remaining in the trap and
feigning death? I was enduring the pain from the knowledge that Judge Woodlock had
unfairly dismissed my case and gave my home away to Wells Fargo Bank while he had a
financial interest with the defendant, but did Judge did as Judge David Barron so
honorably did by recusing himself from presiding over case number 07-11437-DPW and
notify the Clerk of his disqualification in that case because he found out in May 2012,
due to a death in his family, that he in fact had a financial interest with one of the
defendants in that case? No, Judge Woodlock did not recuse himself and notify the clerk
of his disqualification, he remained silent about it, and I held on to that pain of the
knowledge that he had a financial interest with the defendants, I also remained silent
because I knew in my soul that one day that financial interest which Judge Woodlock
have in one of the defendants would come back to haunt him because he had dealt with
me unfairly and treacherously, and I had such high respect and admiration for him. I was
waiting for Judge David Barron, but I did not know who he was. Judge David Barron’s
notification may not nullify the ruling in this instant appeal, however it will help to
Woodlock violated the Canon Code of Conduct for Federal Judges and violated the law
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in his failure to recuse himself from case number 07-11437-DPW and give notification of
17) Had it not been for Judge Barron’s notification Muckle would have never known that
Judge Woodlock had a mandatory ethical duty under the Canon 3C(1)(c) of the Code of
Conduct for United States Judges to notify the Clerk and parties of his financial interest
during that case, nor would Muckle have known that Judge Woodlock had a command
under the law, 28 U.S.C. §§ 455 and 144, to give disclosure to the parties in that
lawsuit of his financial interest in a party to the action, even if the discovery is made
years after the judgment had been issued and the case closed. Judge Woodlock failed to
18) With all these illegal government actions against me now being exposed in
the federal civil courtrooms and the State criminal court rooms, from my
of the defendant, how can any of these judges who have touched this case
look at the evidence and say I have failed to state a claim on which relief can
be sought? Should I not then believe that all of you have a financial interest
19) So, what have we here, do I hang on a cliff like Dredd Scott, a born slave who
have no standing to assert claims against the officials when the officials
commits injustices against me, and when they illegally conspired together to
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lawsuit to the U.S Supreme Court and in the Housing Court? Should I just
accept me fate because I have no rights which the officials have to respect
because they are sovereign and immune from having to answer to anyone for
their crimes against me? Is that the thinking of the Courts when they just
throw my lawsuit out with the trash without writing a fully detailed opinion?
What a calamity! And they call it “patriotism” when Patrick Henry picked up
his gun and cried, “Give me liberty or give me death”, but they say it is a
criminal offense when Muckle sends an email and say, “The revolution has
begun! Foxes will be left in the ditches to get slaughtered, while the weasels
like Sean Higgins try to weasel his way out of it!” Just look at the legal mess,
this pit, which Sean Higgins has gotten all of you into just so that he could
force me out of my house and sell it to get his cut, was it worth it to any of
you to have aided him in his illegal conspiracy against me? And now he will
20) I may not be well schooled in drafting a civil complaint like any skilled
attorney can, therefore, my civil complaint may have failed to state a “legal”
claim upon which relief can be sought, however, in spite of the legal
from furthering his civil suits to prevent Sean Higgins and Well Fargo Bank
from taking Possession of the home and evicting him and to remove him from
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his home so that Sean Higgins could sell it. Does not Muckle’s Natural
Are the defendants in this complaint above the law, or are they just above
Muckle’s standing?
21) From April 13, 2012 after his initial arrest through his criminal trial in April
2014, from the time Muckle was in jail because his bail had been revoke on
the government deliberate and outrageous lie and perjury to the magistrate
that Muckle had made threats to Judge Woodlock, which included threats to
kill, Judge Woodlock had a financial interest in one of the parties to the case
he presided over, however, Judge Woodlock who knew that his name was
used in the complaint to have me arrested did not make any efforts nor did he
send the federal Marshals to contact Muckle’s attorney, nor did Judge
Woodlock reach out to the Boston Municipal Court and notify them that Sean
Higgins and Prosecutor Spencer Lord were lying about Muckle making
and recusal, the fact that two of the judges involved in deciding these series
of cases with the same defendants and plaintiff have disclosed financial
interest with the defendants well after they had already done irreparable
Muckle will ever be satisfied that the ruling of the panel on March 25, 2016
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was Fair, Impartial, and without the undue influence of the disqualified
judge, Judge David Barron. Where is the evidence to prove that these two
disqualified judges with financial interest in the defendants did not apply
undue influence on all the other judges who have participated in all of the
cases in this series of lawsuits involving the same Plaintiff and defendants?
CONCLUSION
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Barron unlike judge Woodlock, so honorably came forward and notified the parties
of his disqualification and recusal from the case because two years later he
discovered that he has a financial interest with the defendant Wells Fargo Bank,
Judge Barron could have remained silent like Judge Woodlock did and not notify
anyone of his disqualification and Muckle might have never known about it.
Therefore, I envision The Honorable Judge Barron’s notification as an act of
Fairness, I do not believe that he did it because the law requires him to do so, the
man supports the government’s unconstitutional rights to assassinate its citizens
without having to resort to a court of law, I cannot imagine him confessing to
Muckle out of respect to any legal rights Muckle think he have, Judge David Barron
notified Muckle because it is right, it was Fair. And he did not obey his conscience
because it was predictably correct, he did it because the rightness was a thing of
this moment, Justice, which requires a resort to law, had nothing whatsoever to do
with his honorable decision. But, what good is Judge David Barron’s honorable and
Fair act of recusing himself if it stands alone with the other two parts of the three-
legged panel declining to support him and stands clinging to each other in their
resort to the protection of the law?
Muckle respectfully moves the other two remaining judges on the panel to stand
with the Honorable Justice David Barron in the interest of Fairness, and step down.
Let me not question your impartiality, do not place such an honor upon me. Let not
your brother’s act of Fairness be in vain, step down with him and recuse yourselves
because it if Fair it is Right, and you are not obeying because Paul L. Muckle ask
you to and because it is predictably correct, you must recuse yourselves now because
the rightness is a thing of this moment. “The people upon whom judgment is passed
must feel the Fairness of it”. ASHAY!
Respectfully submitted,
June7, 2018.
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CERTIFICATE OF SERVICE
I, Paul Laurenton Muckle, do hereby certify, that on June 10th 2018, I have
recusal and disqualification from his participation in the March 25, 2016
decision in the within case to be served upon the defendant through this
Respectfully submitted,