Maryland Judiciary’s Post

The Eleventh Circuit Court of Appeals is considering the attached pleadings for a writ of mandamus to compel the federal District Court’s ruling on a renewed motion to vacate the permanent injunction orders based upon the prior Alabama DPS administrative decision on 01/23/2024. The first question is whether the leave should be granted in accordance with the injunction orders. O’Neal cannot access the District Court for any order granting or denying leave because of a verbal alteration on 04/04/2022. The second question is whether O’Neal should have to post a $1k surety bond under bankruptcy circumstances. The answer is that federal law provides for a waiver of the filing fee and costs. The third question is whether O’Neal has any alternative remedy to the District Court denying access. No is the answer. O’Neal cannot appeal unless an order or judgment is issued. The fourth question is whether the District Court properly denies access contrary to the injunction orders. Answer is that the injunction orders provide access. Anything else would be uncivilized and unlawful according to the Fourteen Amendment of the United States Constitution. Id. The pleadings for a writ of mandamus should proceed based upon the above related facts and authorities presented. The District Court must grant access in accordance with the permanent injunction orders. Id.

This article addresses the basic procedure for handling an appeal before the United States Court of Appeals for the Eighth Circuit. Click the link below to find out more... https://lnkd.in/gpqxy-bZ

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Next up in the Digital Evidence Group series DEG ReDUX, we tackle a graphic used in a case in the U.S. 7th Circuit Court of Appeals. #DigitalEvidenceGroup #DEGReDUX

The plain truth is that the current criminal contempt of court proceedings would not be happening if the Alabama District Court would have decided the pending motion to vacate the injunction orders that was filed beforehand on 11/20/2023. (Doc. 158). The motion to modify or vacate. O’Neal v Allstate Indemnity Insurance Company Inc. et. al. Case No. 20-cv-00743-LCB, (ND. Ala). It does not matter what the court decided because O’Neal is entitled to appeal that decision before the Eleventh Circuit Court of Appeals as a matter of right. The expectation is the Eleventh Circuit Court of Appeals must uphold the prior Alabama DPS and HMS administrative decisions finding no liability coverage existed for the injunction orders to have been issued from the beginning according to federal law. Title 28 USC. Section 1738. The rule is that the federal District Court has no authority or jurisdiction to override an Alabama administrative agency decision because it has the same effect as a state court judgment. Id. That means the current criminal contempt of court proceedings could not have happened in the above regard. That is why the Alabama District Court refused to decide the pending motion to vacate the injunction orders. More specifically, there would have ultimately been an appellate court determination that Allstate obtained the injunction orders through misrepresentation and fraud in the aftermath. Id.

The Eleventh Circuit Court of Appeals has enough information and evidence to determine that the Northern Alabama District Court intended to deny access by verbally altering the written injunction orders at the prior civil contempt proceedings on 04/04/2022. In Re Wendell D. O’Neal, Case No. 24-10202-B, (11th Cir). Connecting the dots from the prior civil contempt proceedings to the undecided pending motion for vacating the injunction orders is pretty much a straight line between 04/04/2022 to 01/29/2024. Id. The record shows the Alabama District Court disregarded the renewed motion to vacate the permanent injunction orders in favor of commencing a criminal contempt proceeding against O’Neal despite the one year statute of limitations prohibited Allstate’s criminal contempt allegations stemming from the prior civil contempt hearing between 04/04/2022 and 11/27/2023. Id. O’Neal urges the Eleventh Circuit Court of Appeals to expedite an order directing the Northern Alabama District Court to decide the pending motion to vacate the injunction orders and for recovery of the $3,002.86 dollars that Allstate improperly paid to the Huntsville hospital in view of the prior record of state and federal court proceedings. The Alabama Supreme Court decided that O’Neal’s healthcare fraud claims should proceed against Avectus and Allstate by a judgment on 06/09/2023. O’Neal v Avectus Healthcare Solutions LLC. et. al. Case No. SC-2023-0106, (Alabama Supreme Court). What’s equally remarkable is that something continues to duplicate O’Neal’s pleadings for a writ of mandamus under different case numbers between 01/22 and 01/29/2024. Id. The Eleventh Circuit Court of Appeals has not issued an order or answered the telephone regarding the above related phenomenon because of fear. Id.

Next up in the Digital Evidence Group series DEG ReDUX, we tackle a graphic used in a case in the U.S. 7th Circuit Court of Appeals. #DigitalEvidenceGroup #DEGReDUX

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