Motion To Reconsider Appellant's Motion To Reinstate Appeal

No. 08-16174-CC

__________________________________________________________________

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

__________________________________________________________________ JAMES B. STEGEMAN, Plaintiff/Appellant v. SUPERIOR COURT, et., al. Defendants/Appellees __________________________________________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, Atlanta Division 1:08-cv-01971-WSD MOTION FOR RECONSIDERATON OF APPELLANT’SMOTIONS: TO SET ASIDE DISMISSAL, REMEDY DEFAULT, AND REINSTATE APPEAL, AND/OR FOR LEAVE TO FILE DOCUMENTS OUT OF TIME AND REMEDY DEFAULT, AND/OR STAY MANDATE OR RECALL MANDATE _____________________________________ JAMES B. STEGEMAN, Pro Se 821 Sheppard Road Stone Mountain, GA 30083 (404) 300-9782 COMES NOW, Appellant James B. Stegeman who files Motion for Reconsideration of Appellant’s Motions: To Set Aside Dismissal, Remedy

Default and Reinstate Appeal; and/or For Leave to File Documents Out of Time and Remedy Default; and/or To Stay Mandate or Recall Mandate. BACKGOURND OF EVENTS LEADING TO DISMISSAL OF APPEAL Appellant’sMotion to Appeal in Forma Pauperis was Granted by District Court December 26, 20081. Appellant filed Motion for Appointment of Counsel January 7, 2009, which was Denied by Judge Hull January 16, 2009; in the same Order, Judge Hull denied Ms. McDonald, who was a party to the District Court action, her Rights to Appeal. Motion for Reconsideration was filed January 30, 2009, Denied February 11, 2009. Appellant filed Motion to Recuse Judges Hull, Wilson and Marcus February 18, 2009; Georgia Power Appellees filed Objection February 23, 2009 to which Appellant filed Reply on March 6, 2009. A.

Clerk’s Communications

The Clerk failed to follow rules and procedures, and worked to have this Appeal dismissed.

Appellant disputes the omissions claimed by the Clerk,

nevertheless, he timely complied, hoping to have his Appeal decided on the merits. While awaiting this Court’s Ruling on Motion to Recuse, on April 1, 2009 Appellant received, a copy of the Clerk to Clerk communication stating the Appeal

District Court Order Ruled that the Appeal is not frivolous, and that Appellant is disabled with limited resources 1

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had been Dismissed for failure to prosecute, and Motion to Recuse was Moot,2 an appealable Order that cannot become Moot because a Clerk chose to ignore it. Appellant’s Brief and Record Excerpts3 were hand delivered to the Court April 13, 20094 per April 6, 2009 conversation with clerk (do not show filed until April 16, 2009).

April 18, 2009 Appellant received letter from Clerk stating

Appellant had failed to Motion to Reinstate;5Motion filed April 22, 2009. May 8, 2009 letter from Clerk that the Court did not receive Order/judgment appealed from, Certificate of Service for Record Excerpts. Although Appellant is positive the documents had been submitted, he re-submitted them, via USPS Overnight signed for by S. O’Neal on May 15, 2009, see pg. 5 of Exhibit A. Next, letter dated May 22, 2009 stating “if the corrections for the record excerpts were not received within fourteen days, the motion to reinstate willbe Appellant was not sent Notice, or an Order, he only received the Clerk to Clerk communication which stated Appeal was dismissed and Motion to Recuse was Moot. Copies of all letters from the Clerk are attached hereto as “Exhibit A” 2

Records Excerpts consisted of: District Court Docket Sheet, Complaint, Answers from both sets of Appellees, the Rulings/judgments Appealed, Certificates of Interested Persons, and Certificates of Service. 3

Appellant quotes the date he receiveda communication from the Clerk; the date(s) he references as filing or filed are the dates stamped “FILED” on Appellant’s copies; Appellant calls to this Court’s attention that he cannot be sure what was actually Filed and what was not as the Docket Report does not coincide with his “Filed” copies. Appellant cannot say for sure the document was ever even Filed, although his copy does reflect “Filed”, not “Received”, but “Filed”. 4

The telephone conversation with the Clerk informed Appellant that the only thing needed to be filed was the Brief and Record Excerpts, which was timely complied with; 5

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returned unfiled”. Appellant called the clerk, was told she was out of town for a week. Appellant again sent the documents, this time via Courier who signed a document stating that he had visually seen the documents being delivered so that Appellant had proof of what was delivered. July 09, 2009 received Order Denying Motion to Reinstate which cites no authority or caselaw. For all Appellant knows, the Clerk made the Ruling. RELEVENT FACTS Plaintiff/Appellant filed a prima facie Verified Complaint in District Court. None of the Defendants/Appellees filed a VerifiedAnswer. In this Court, none of the Appellees bothered to file a Brief. The opposing parties obviously knew they could violate Fed. R. Civ. P, Local Rules, and IOP without consequence; leaving one to logically conclude prior agreement had been reached in both District Court and this Court to have the Appeal dismissed. Perhaps the reason Judge Duffey, Jr. Granted Appellant’s Motion to Proceed on Appeal in Forma Pauperis. Without giving Ms. McDonald a chance to cure a defective Notice of Appeal, Judge Hull denied Ms. McDonald the Right of Appeal. The Georgia Power Appellees fraudulently concealed pertinent information in both Superior and District Courtsuntil after District Court dismissed the case. In Superior Court, they claimed the need to investigate into Plaintiffs’ allegations about the easement documents being fraudulent, refusing to rebut the evidence. In their Summary Judgment Brief “Exhibit B”, Georgia Power provided 4

further evidence that proved their claims were fraudulent.

They suddenly

disregarded reformation and wanted the Court to just grant them prescriptive easement, stating “prescription is to make a bad title good”, Exhibit B fn3. Affidavit by Marcus Calloway “Exhibit C” clearly states that on August 13, 2007 Dale Reiner at Georgia Power contacted him and requested a title search on Appellant’s property ¶3, which he performed August 15, 20076 ¶4; and another search was conducted concerning the property November 20, 2007 ¶10. Neither Mr. Calloway, nor Georgia Power have ever addressed the fact that R. F. Wells or Robert F. Wells never existed; that the document in no way pertains to Appellant’s property; shows the wrong road, wrong Land Lot, and the description is incorrect “Exhibit D”. They attempt to claim “37” should have been “73”, but in District 18, Land Lots 37 and 74 are together and touching, both are on the other side of Ridge Avenue. Clearly, Georgia Power and Mr. Calloway conspired and agreed to deceive, and work a fraud upon the court. Judge Becker in Superior Court, violating Georgia Land Registration Laws, due process of law, Plaintiffs’ rights, participated in Conspiracy to violate rights under color of law, allowed and committed fraud upon the Court. Becker Ruled Calloway’s findings show that the property description did not match Appellant’s property; Georgia Power knew the documents did not pertain to Appellant’s property, yet in Magistrate Court they swore under oath the document covered the property, was valid and legal. During both Superior and District Court cases, they insisted they had a legal valid easement knowing the entire time that was a lie. Georgia Power trespassed onto and damaged Appellant’s property August 30, 2007, after Calloway’s research. 6

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Georgia Power’s fraudulent easement document valid and granted prescriptive easement and Summary Judgment in their favor without allowing Plaintiffs to participate or file a Summary Judgment Responsive Brief. Becker Ruled lacking personal and subject matter jurisdiction, she violated due process of law; the ruling was obtained throughfraud and fraud upon the Court. Her Rulings go directly against Rulings of The Supreme Court of Georgia which has consistently Ruled against utility companies having prescriptive easement. The ruling isn’t merely voidable, but it is Void on it’s face. Denial of Appellant’s Motion(s) to Reinstate results in manifest injustice; there has been substantial fraud upon the Courts by Appellees to obtain judgments in their favor in Superior and District Courts. Further, as a disabled pro se litigant, Appellant has been subjected to disparate treatment; denied his Fourth, Fifth and Fourteenth Amendment Rights, ADA Title II, and the equal protection clause. ARGUMENT AND CITATION OF AUTHORITIES I.

RIGHT TO APPEAL A.

Ms. McDonald’s Right to Appeal

Ms. McDonald was neither Noticed of defective Notice of Appeal, nor allowed to cure the defect. In Casanova v. Dubois, 289 F.3d 142, 145 (1st Cir. 2002) at 146 “eighteen months had passed after Notice of Appeal had been filed”; “based on Becker, the dismissal of appeals …was unwarranted.” 343 F.3d 685 (5th Cir. 2003): 6

And in Wash v. Johnson,

“The Supreme Court’s holding in Becker,…is jurisdictional and may be cured…once omission is called to a party’s attention, effectively overrules our holdings in Mikeska and Cater” “…based upon Becker and in agreement with our sister circuit’s reasoning in Casanova, we grant Moore’s motions to reinstate appeal and to reconsider the clerk’s refusal to do so…” The Supreme Court has stated that Right to Appeal is not lost due to a defect in Notice; Plaintiff/Appellant must be “Noticed” and afforded opportunity to cure the defect”. Becker532 U.S. at 764, 766. Judge Hull’s Order Denying Appellant’s Motion for Appointment of Counsel clearly stated that Ms. McDonald is not part of the Appeal. B.

Clerk’s Violation of 11th Cir. R. 42-1(b) “…when appellant fails to file a brief or other required papers within the time permitted,…the clerk shall issue a notice…, that upon expiration of 14 days from the date thereof the appeal will be dismissed for want of prosecution if the default has not been remedied by filing the brief… and a motion to file documents out of time.”. Appellant was not provided Notice as shown in this Court’s Local Rules,

Rule 42-1(b), whichgoes against Supreme Court Rulings. One doesn’t have to be extremely intelligent to conclude that this Appeal had been predetermined. The United States Supreme Court, and sister circuits have long held that that the late filing of a brief is “insufficient to warrant dismissal”, see Marcaida v. Rascoe, 569 F.2d 828 (5th Cir. 1978): 7

[26] This court is not required to dismiss every appeal which does not meet the time limitations…In Phillips v. Employees Mut. Liability Ins. Co., 239 F.2d 79, 80 n.2 (5th Cir. 1956), …the late filing of briefs is ‘at most [a] non-jurisdictional [defect]… which we consider insufficient to warrant dismissal’. See also King v. Laborers Internat’l Union, 443 F.2d 273 (6th cir. 1971); United States v. Edwards, 366 F.2d 853 (2 Cir. 1966); cert. denied, 386 U.S. 908, 87 S, Ct. 852, 17 L.Ed. 2d 782 (1967); cf. Walker v. Matthews, 546 F.2d 814 (9th Cir. 1976) (late filing of record). [33] “In Childs v. Kaplan, 467 F.2d 628 (8th Cir. 1971), the court held that the appeal of an appellant who did not file a brief would not be dismissed for want of prosecution….” C.

Appellant’s Right to Appeal From inception, the Clerk has tampered with and hindered Plaintiffs/

Appellants attempt to Appeal. Judge Hull saw to it that a Plaintiff was not afforded opportunity to cure defect in Notice, and take part in the appeal. This Court’s refusal to reinstate the Appeal hindered by acts of this Court’s Clerk and who failed to adhere to 11th Cir. R. 42-1(b), thereby denyingAppellant his Right to Appeal, and results in disparate treatment. Appellant has been treated differently than others in the same position resulting in discrimination, Rights violations, violations of equal protection, and ADA Title II. This Court held in Nadler v. Harvey, No. 06-12692 (2007) C11.0001537 “… occurs when a disabled individual is treated differently than a non-disabled or less

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The case was before Judges Edmondson, Hull and Forrester 8

disabled individual…”

The Supreme Court in Lane upheld Title II as “valid § 5

legislation as it applies to the class of cases implicating the accessibility of judicial services” 541 U.S. at 331. “The Supreme Court further held that Title II enforces rights under the Equal Protection Clause, …“a variety of other basic constitutional guarantees, and infringements”…”an array of rights subject to heightened constitutional scrutiny under the Due Process Clause of the Fourteenth Amendment. Lane, 541 U.S. at 522-523; accord Constantine, 411 F.3d at 486-487. “Mere negative attitudes alone cannot justify disparate treatment of those with disabilities” University of Ala. V. Garrett, 531 U.S. 356, 367 (2001). It would be fair and just to Grant Appellant’s Motion to Reinstate. II.

FRAUD UPON THE COURT Defendants/Appellees in both state and federal Courts worked a fraud upon

the Court to obtain judgments in their favor. See Bulloch v. United States, 763 F.2d held the following: “Fraud on the court… is directed to the judicial machinery itself … H.K. Porter Co., Inc. v. Goodyear Tire & Rubber Co., 536 F.2d 1115 (6th Cir.). It is thus fraud where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function--thus where the impartial functions of the court have been directly corrupted.” "Since attorneys are officers of the court, their conduct, if dishonest, would constitute fraud on the court." Porter, 536 F.2d at 1119.” “Fraud upon the court" has been defined by the 7th Circuit: "…fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial 9

machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23" Georgia Power has made a mockery of the court(s). This Court’s Clerk’s apparent willingness to violate rules and procedures shows fraud upon the Court has continued into the Appeal as well. Judge Becker’s blatant disregard for her Oath of Office, Georgia’s statute and both Constitutions, refusing to Rule on Plaintiffs’/Appellants pending Motions, and granting what The Supreme Court of Georgia has Ruled cannot be granted shows partiality, conspiracy to violate Rights under color of law, and that she was participant in the fraud upon the Court. See Appellant’s Brief in general. Plaintiffs’ Filed Motion for Judgment as a Matter of Law June 03, 2008, and Motion to Set Aside a Void Judgment February 24, 2009. Neither Motion has ever been ruled on. Georgia Power’s Motion for Continuance and Amendment of their Verified Answers were never ruled on. The changing of Georgia Power’s Verified Answers in Superior Court two months after Plaintiffs filed Motion to Strike the answers and Motion for a protective order, transformed their counterclaim into a compulsory counterclaim that would have had to be claimed in the original filing of their answers or in a different suit. III.

GEORGIA LAND REGISTRATION - EASEMENT LAWS 10

A.

Georgia’s Land Registration Laws

Georgia Power’s Verified Answer claimed to have a valid, legal express grant easement. Six months after filing verified answers,two months after their easement document was legally challenged, they Moved to Amend8 claiming the document needed a reformation9, admission in judicio, Plaintiffs had to be granted Judgment as a Matter of Law; they were denied. Six months or more after Georgia Power’s request for reformation, in their Summary Judgment Brief they made clear they only wantedthe Court to Rule that they have a prescriptive easement.: “prescription makes a bad title good”. The statement is totally ludicrous, and nowhere is that stated in the caselaw used. Judge Becker refused to adhere to mandated Georgia statute concerning real property and Georgia Land Registration Laws10. The property was not brought under jurisdiction of the Court11; no appointment of mandatory examiner12; use of fraudulent land documents was allowed in an attempt to gain an interest in land 8

The Amendment was not Ruled on, neither Granted nor Denied.

Statute of limitations for reformation is seven years, all original parties must still control the original estate involved, and other relevant reasons preventing reformation 9

O.C.G.A. §44-2-40 This article shall be known and may be cited as "The Land Registration Law." 10

O.C.G.A. §44-2-61: all proceedings in the court in relation to registered land shall be proceedings in rem against the land 11

O.C.G.A. §44-2-100 shall appoint at least one auditor, who shall be known as the examiner, who shall discharge the duties provided for the examiner in this article…” 12

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which is a felony13. Becker then Dismissed with prejudice on grounds for which the action could not be dismissed14 due to lack of appointment of auditor/ examiner/ master15 See Woodruff et., al., v. Morgan County, 670 S.E.2d 415, 284 Ga. 651 (2008) reversed, which The Supreme Court of Georgia held: “[12] Here, a special master was never appointed…Without the appointment…, were not required to answer…, and the trial court was not authorized to enter a default judgment against them. See Bonner, 272 Ga. 545 (2) (533 S.E.2d) (2000).” B.

Summary Judgment

A case Dismissed with prejudice is equivalent to having been decided on the merits, it concludes the action. Even so, Georgia Power Defendants filed for Summary Judgment. Becker refused to set aside her judgment dismissing the case and refused to allow Plaintiffs to participate in the proceedings and/or file Response to Summary Judgment. O.C.G.A. § 44-2-43 Any person who: (1) fraudulently obtains or attempts to obtain …to any land or interest therein; (2) knowingly offers in evidence any forged or fraudulent document in the course of any proceedings …; (3) makes or utters any forged instrument ..or any other paper, writing, or document used in connection with any of the proceedings …or the notation of entries upon the register of titles; (4) steals or fraudulently conceals …; (5) fraudulently alters, changes, or mutilates any writing, instrument, document, record, registration, or register …; (6) makes any false oath or affidavit …; or (7) makes or knowingly uses …provided for by this article shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. 13

O.C.G.A. §44-2-81 No decree shall be rendered by default and without the necessary facts being shown. 14

O.C.G.A. §44-2-102 the examiner shall proceed to hear evidence, The examiner shall give notice of the time and place of the hearing 15

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Judge Becker granted a prescriptive easement, goingagainst The Supreme Court of Georgia’s Rulings on prescriptive easements. OCGA § 44-5-161 provides: (a) In order for possession to be the foundation of prescriptive title, it: (1) Must be in the right of the possessor and not of another; (2) Must not have originated in fraud … (3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and (4) Must be accompanied by a claim of right. (b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party. C.

Prescriptive Easement

Appellant bought the property August 1994, right away they erected a eight (8) to (10) ten foot tall combination of chain link, privacy, and granite along with a gated entry around the entire property. Certainly a large fence encompassing an entire property with a gated entry is not “peaceable”, “uninterrupted”, “exclusive”, “continuous”,

and/or

“public”

except

when

viewed

in

the

favor

Plaintiffs/Appellants who succeeded to “prevent occupation by another”.

of See

Georgia Power Co. v. Irving, et., al. 267 Ga. 760, 482 S.E.2d 362 (Ga. 03/19/1997) The Supreme Court of Georgia held: [33] "any use and occupation which is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another." Friendship Baptist Church v. West, 265 Ga. 745 (462 S.E.2d 618) (1995)

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Judge Becker, denied Appellant right to a jury, which Plaintiffs/Appellant never waived Right to. [44] While "[a]dverse possession is usually a mixed question of law and fact — whether the facts exist which constitute adverse possession, is for the jury to judge… " Thompson v. Fouts, 203 Ga. 522 (2) (47 S.E.2d 571) (1948). See also Thompson et., al., v. Mcdougal, 248 Ga. App. 270, 546 S.E.2d 44 (2001) reversed “Factual questions…regarding whether or not a prescriptive easement has been established must be resolved by a jury. See Hasty v. Wilson, 223 Ga. 739, 743 (2) (a) (158 SE2d 915) (1967).” Georgia Power, has continually insisted they have easement over the entire property; the lack of definite boundaries makes Appellant’s property unmarketable. “This Court has recognized that …so long as the boundaries are clearly defined, i.e., where the evidence identifies the part which is in possession and distinguishes it from the part which is not.” Ragan v. Carter, 145 Ga. 320 (1) (89 S.E. 206) (1916); Whitehead v. Pitts, 127 Ga. 774 (1) (56 S.E. 1004) (1907); Tripp v. Fausett, 94 Ga. 330 (21 S.E. 572) (1894). D. Fourteenth Amendment and Equal Protection Clause The fraudulent easement document that Becker Ruled was valid, shows that Georgia Power had been granted easement for all properties in the District 18, Land Lots 37, 74 (Land Lots consist of around 44 acres) on Shiphud Rd and Ridge Avenue. Appellant’s property is the only property in District 18, Land Lot 73 that 14

Becker Ruled Georgia Power has easement over; and the only property affected that is not in Stone Mountain City Limits. Lack of ruling that every property between Appellant’s property and Ridge Avenue has an easement, shows Becker clearly, unreasonably discriminated, violating Rights and her Oath of Office. “[t]he purpose of the equal protection clause of the Fourteenth Amendment is to secure every person within the State's jurisdiction against intentional and arbitrary discrimination, …by its improper execution through duly constituted agents.'" Sioux City Bridge Co., supra, at 445 (quoting Sunday Lake Iron Co. v. Township of Wakefield, 247 U. S. 350, 352 (1918)).’ Village of Willowbrook v. Olech, 528 U.S. 562, 120 S.Ct. 1073, 145 L.Ed.2d 1060 (U.S. 02/23/2000) IV.

FED. R. CIV. P. AND N.D. Ga. L. R. The case in District Court listed causes of action for conspiracy to violate

rights under color of law, fraud upon the court, violation of Civil and Constitutional Rights. Judge Duffey allowed violations of Federal Rules and Local Rules, ignored Defendant’s refusal to file Initial Disclosures, Certificate of Interested Persons, Preliminary Report and Discovery Plan without consequence. Instructions …Pretrial Proceedings pg 1 states: “…assuring the orderly conduct of discovery…submitting promptly …without further notice, order, or direction. Failure… in compliance with these instructions… default judgment…” Page 6: I. Initial Disclosures “Each party’s “Initial Disclosures” shall be…within thirty (30) days after the appearance of a defendant…” II. Certificate of Interested Persons 15

“LR 3.3…all private (non-governmental) parties shall be required…within thirty (30) days…” V. Preliminary Report and Discovery Plan “LR 16.2; LR 84.1.C…to promote early analysis…and to alert the Court…must be…within thirty (30) days…This Local Rule applies to all cases…” LR 16.5 Sanctions “Failure to comply with the court’s pretrial instructions… default judgment.” V.

EVIDENCE / CREDIBILITY District Court went along with the charade; none of the Defendants/

Appellees filed a Verified Answer, without consequence. The failure to “file their claim under oath” was a “failure to present necessary evidence” see Lamb v. TShirt City, Inc., et., al, 618 S.E.2d 108, 272 Ga. App. 298 (2003); Piedmont Cotton Mills v. Woelper, 209 Ga. 109, 110 (498 S.E.2d 255) (1998). Georgia Power Defendants attached evidence to which Duffey gave credibility to, while discrediting Plaintiffs/Appellant’s evidence and their credibility; Both conflicting evidence and credibility are matters reserved only for a jury as fact trier. In Therrell v. Marble Holdings, Crop., 96 F.2d 1555 (11th Cir. 1992) this Court held: [93] “Credibility is a matter solely for the jury. ‘It is the function of the jury as the traditional finder of the facts, and not the court to weighconflicting evidence and inferences, and determine credibility…’ Buckley, 785 F.2d at 1527 (quoting Boeing, 411 F.2d at 375).”

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Judge Duffey, ignoring that it was the duty of a jury to make decisions on evidence and credibility, acted as trier of fact and deemed Georgia Power Defendants’ Unverified answer and evidence as factual, then dismissed under Younger. VI.

SUPREME COURT OF GEORGIA RULINGS Judge Duffey’s Dismissal goes into detail about Federal Courts not

offending State courts, and that Federal Courts cannot baby-sitstate Courts. He also ruled that there had been no due process violations in state court; going completely against The Supreme Court of Georgia and The Georgia Court of Appeals’ past rulings. Judge Becker refused to adhere to the laws concerning real property and easements. Supreme Court of Georgia has ruled “to ensure due process to the property owner” the governing laws must be “strictly conformed to”,in order to not “deprive the owner of the property of due process of law as guaranteed by the Constitutions of Georgia and of the United States” City of Atlanta v. Yusen Air & Sea Service Holdings, 263 Ga. App. 82, 83 (1) (587 SE2d 230) (2003). Supreme Court of Georgia has also held that an easement document “must describe the easement with the same degree of definiteness required in a deed to land”. See City of Atlanta v. Airways Parking Co., 225 Ga. 173, 178-181(4) (167 SE2d 145) (1969); B. & W. Hen Farm v. Georgia Power Co., 222 Ga. 830, 831(2) (152 SE2d 841) (1966); Gunn v. Georgia Power Co., 205 Ga. 85, 86 (52 SE2d 449) 17

(1949). See also Ga. 400 Industrial Park, Inc. v. Dept. of Transportation, 274 Ga. App. 153 (616 SE2d 903)(2005): “Nothing must be left open to the judgment or interpretation of another, not even a court. Without this, the owner of the property cannot know what portion of his land is required…and the petitioner cannot know the precise boundaries of the land so as not to trespass on property not acquired.” Mollester Mill, Ltd. v. Ga. Power Co., 271 Ga. App. 287, 289(1) (609 SE2d 211)(2005). “description of easement, omitting width of the right-of-way or any key as to such width, failed to sufficiently describe the land interest” Gunn, supra at 87. Becker’s ruling granting Ga. Power Co. prescriptive easement is violative in that nowhere does anything state how much property Ga. Power has been granted; Ga. Power has continually claimed rights to the entire property. Judge Becker and Judge Duffey both disregarded Supreme Court of Georgia and Georgia Court of Appeals rulings; due process has been violated by both courts.

VII.

UNITED STATES AND GEORGIA CONSTITUTIONS Judge Duffey, Jr. ruled that he had investigated the proceedings in Superior

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Court16 and found no constitutional or due process violations. One can only conclude that Judge Duffey has deemed Georgia statute concerning land (which is to be strictly adhered to) unconstitutional, deemed that Georgia’s Supreme Court and Georgia Court of Appeals have ruled wrongly; and deemed that The United States and State of Georgia Constitutions concerning “denial of life, liberty, or property without due process of law” is either fictional, or only for a select few. “A court should be cautious in exerting its inherent power and ‘must comply with the mandates of due process” First Bank of Marietta v. Hartford Underwriters Insurance Company,2002 U.S. App. LEXIS 21117, -25; 2002 FED App. 0356P (6th Cir. 2002); In Re Atlantic Pipe Corp., 304 F.3d 136, 143 (1st Cir. 2002) PRAYER FOR RELIEF Appellant MOVES this Honorable Court for an Order Granting His Motion to Reinstate his Appeal. The District Court, clearly brings into question whether or not Georgia’s Land Registration Laws, United States’ and Georgia’s Constitutions and Bill of Rights are unconstitutional, or if they are only there for a select few individuals.

Manifest Injustice and uncertainty will be the end result unless

Appellant’s Motion to Reinstate is Granted and the issues addressed. Respectfully Submitted this 28th day of July, 2009 Appellant has failed to find where a District Court Judge has authority to investigate into proceedings of a state Court; further, by looking into the proceedings (Duffey fails to explain what is meant by looking into the proceedings, one could deduce that he had exparte communications with Judge Becker, or all of the Defendants) Duffey goes against his own Ruling that the Federal Courts cannot be babysitters of state Courts. 16

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By: _____________________________ JAMES B. STEGEMAN, Pro Se 821 Sheppard Rd Stone Mountain, GA 30083 (404) 300-9782

CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT CERTIFICATION I, James B. Stegeman the Plaintiff/Appellant, hereby Certify that to the best of my knowledge and belief, that the Certificate of Interested Persons and Corporate Disclosure Statement required by 11thCir. R. 26.1-1 is complete with no additions or omissions to date.

By: ____________________________ JAMES B. STEGEMAN, Pro Se 821 Sheppard Rd Stone Mountain, GA 30083 (404) 300-9782 U. S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT CERTIFICATE OF SERVICE 20

James B. Stegeman vs. Superior Court, et., al.,

Appeal No. 08-16174-CC

I Certify that I have this 28th day of July, 2009 served a true and correct copy of the foregoing Appellant’s Motion to Reconsider Motion to Set Aside Dismissal, Remedy Default and Reinstate Appeal; and/or

Motion for Leave to File

Documents Out of Time and Remedy Default; and/or Motion to Stay Mandate or Recall Mandate. upon Defendants/Appellees, through their attorneys on record by causing to be deposited with the U.S.P.S., First Class Mail, proper postage affixed thereto, addressed as follows: Daniel S. Reinhardt Troutman Sanders, LLP Bank of America Plaza – Suite 5200 600 Peachtree Street, NE Atlanta, GA 30308-2216

Devon Orland State of Georgia Dept. of Law 40 Capitol Square, S.W. Atlanta, GA 30334-1300

_______________________________ JAMES B. STEGEMAN, Pro Se 821 Sheppard Rd Stone Mountain, GA 30083 (404) 300-9782

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