"As a Prisoner, We are Dead To The Law"

TPLU COMMENTARY

As a Prisoner, We are Dead To The Law:

Now that we are into the American version of corporate fascism, the plight of those in the single largest prison industrial complex in the world is at an all-time low.

The present criminal "just-less" system is designed to keep the 50% of the world's lawyers found within North America earning a base of six-figures. While the current lip-service to the constitutional protections of the natural and civil rights of citizens (take careful note: NO citizen is a party to the Constitution, so no citizen has "Constitutional Rights", only enumerated protections in the amending codicil: The Bill of Rights), gives cognizance to only pro se litigants (Pro Per and Citizen In Party of the common law have been nullified), the ABA-controlled monopoly of all court systems for their own agenda gives pro-forma preference for bar lawyers' actions. (As a prisoner, we are Mort Civiler: Dead To The Law-Pro Se).

Not only do the ABA courts use every rule and procedure and precedent to reject or dismiss prisoner pro se efforts, but the same is now the standard operating procedure for all citizens' pro se actions. So we can expect the gauntlet to be worse.

One of the single greatest enemies to successful prison litigation is a prisoner! The enemy is US! When you start cussing the mailroom out the next time just remember who it was who wiped out over 25yrs. of mail issue litigation, hard fought and hard won by Guartidao: other prisoners who had to get their damnable raunchiest porn instead of enjoying what they already had. Now they lost most of that, too.

The same is true of the PLRA and AEDPA because of "factually" frivolous lawsuits over the most foolish of issues any grown man worth his "nabs" can deal with. Or just to get a trip to county jail for a vacation.

So also it goes in Habeas actions, to where the rules and procedures are so strict that now they are constructively suspending habeas relief in Texas (as I have pleaded in my 2254) Grant it that we all know the grievance system is legally "futile" and a "sham". Medical healthcare is no better. Why? The answer is policy. Both systems are specifically "evidence-based" by policy. And by an unexposed covert policy, no prisoner testimony is sufficient evidence: "All prisoners lie, all prisoners are fakers." Just like our cells and meals-one size fits all! Welcome to the wonderful world of communism! The State knows best what you need, what you get, and owns everything-including g you! So how do we as prisoners seek legal recourse in the face of all of these obstacles and the ABU-Guard culture?

First is to grow up! Lose the 'tube, and get on-purpose in our individual lives, discern just what it is we need, want, and desire. This is prison-forget the desire part, as it fails to EVER meet the bar on a claim.

Wants are questionable, as it takes a lot of factual evidence to substantiate a justifiable claim. So we stick to the needs first: food, medical, legal, mail, religious needs, and commissary as it supports those.

Then we must become as wise as mice in a barn full of cats. Any legal action must be preplanned well in advance. TPLU-outside support must be set up, and a point person established in each city with a fed court to monitor the case. A strategy and tactics for the litigation must be determined before the Step 2 is submitted.

A filing schedule needs to be designed based on the procedural rules, a filing calendar setup and maintained. TPLU will need to have a designated "next friend" counsel for any TPLU-backed action, with a specific power of attorney notarized by the law library AND by a Texas notary when the Pro Chiem Ami Counsel signs the P.O.A. Certified copies by a notary will have to be filed by the TPLU-NFC as a concerned party in the action with a motion to establish that TPLU-NFC as an agent for the Plaintiff(s) who must receive service of all pleadings/orders, and able to file procedural pleadings. Use of the web and the PACER access service is a must.

As prisoner (s) litigants, one must become a Joe Friday Detective... "The FACTS! I need JUST the FACTS!" and only the facts. This is the case for all habeas, 1983, mandamus, RICO, Bevans, or small claims actions, period. Especially as a Plaintiff! Because if your facts are "factually" or legally "insufficient", then you have failed to state a claim upon which relief can be granted. And you can kiss your good time "ADIOS!"

Second, we must have research of all available policies that relate to an action. If a policy is not being implemented in accordance with Texas law it is based on (Read the statute, not just the Vernon's Code citation from the West Group-which may not tell all the law), then you have a state mandamus action, not a 1983.

Our research needs to include reading any and all cases related to an issue found in the Texas Digest 2d and Supreme Court Digest. Not just the head notes. And the dissenting opinions as there you will find grounds and arguments for potential appeal and for certiorari. And do not skip the fine-print footnotes! (Side note: I just corrected a deficiency in my 2254.

After I read a footnote where a judge explained exactly how I should have drafted my factual grounds with more specific facts-not legal conclusions! )

The research trail includes reading any case law cited by a judge or tribunal or EN Banc panel in support of their "holdings". If you do your research, you will find in both federal (Williams v. Taylor 120 SCP 1425...2000) and state (couldn’t' t find my cite for this) common law of precedent, that ONLY the "holdings" (I.E. held that". Etc.) Establish "the law of the case". Every other phrase in an opinion is mere "dicta" and sets NO legal precedent.

Only a collection of DICTA from numerous courts/circuits/ panels of justices that makes the legal argument one wishes to use to support a legal claim, will be considered to have the weight of a holding. So check the quoted supporting case law to be sure a bad liar in a black dress is not using dicta to cut you off at the knees by judicial fiat.

The last stone to NOT leave unturned on your research trail is Shepard zing of your best case law. Dog through those cases to see how Texas and 5th circuit benches have applied your case law. Often you may find as good or better case law. Or that you were mistaken. What you want it to mean will not even buy a "Cool off"! It is how courts mean it that counts!

Third we must learn how to properly draft our pleadings to be factually, legally, and procedurally correct. Pro se case law precedent does support two important things to keep in mind: 1) the court is required to give notice of a deficiency in a pleading, and 2) tell how it should be corrected, under Haines (Haines v. Kerner 92 SCt. 594...1972) and its progeny (USA v. Flores 135 F3d1000) But do not expect the judge to tell you how to write it-that's practicing law from the bench!

Since we are not allowed the ABA's book of pleading forms, prisoners are literally at the mercy of the courts and their forms. Just like an 11.07 form, the forms for 2254 and 1983 are designed for the court's benefit-not a citizen's or prisoner's. The court needs certain facts to: 1) determine jurisdiction 2) procedural facts to establish standing 3) specific factual grounds in order to state a claim.

If you are pursuing a mandamus, 2241, or a recto action, then your initial pleading must establish those same factual matters in order in sections: I. Jurisdiction of court to hear the case: II. Venue of the court by the locus en quo-your location, location of factual events, and/or of the other party: III. Parties to the action and their current addresses: IV.

Procedural history of any administrative remedies or agency proceedings attempted AND exhausted! NOT EXHAUSTED-NO STANDING AS PLAINTIFF!): V. Legal claims from organic common law (Constitution), or statutory law, or administrative procedures or review thereof, or precedent-based "cause of action": VI. Grounds for claim(s)-are all of the most pertinent facts "material" to the claims (Do your facts establish every element of a claim to state a cause of action?) With "Incorporated By Reference Hereby" any supporting Affidavits of Material Facts attached as exhibits to provide even more details (But not evidence to be used at trial-not unless requested on discovery later: do not show your hand until called):

VII. Relief requested is all the remedy and recourse the law allows-be reasonable and fair:

VIII Unsworn Declaration- Jurat’s is your certifying/verifying g under the law for penalty of perjury that your pleading and all of its contents are "True and correct to the best of your knowledge, belief, and information, " pursuant to either /both Tex. Civ. Rem. Prac. Code 132.001 et seq., and 90 U.S. Stat.L. 2534 (28USC 1746 in West Group's Private code sites) Lastly is your signature, name, address and date executed.

When using the REQUIRED forms, you will find the lines provided nowhere near enough. So outline your factual grounds in a few words, then "incorporate by reference" the attached additional pages where you tell all of the facts in detail (when, who, where, what, how, and why) like in an affidavit, and likewise "incorporate" any affidavits by firsthand witnesses-ONLY if need to state the claim (you want to hold your witness card until called too)...and also attach any supporting exhibits that are not original, just certified copies (by notary to be legal evidence, by unsworn declaration without and grieve law library for refusal so you can move for sanctions later). Do NOT leave blank-equals "failure to state a claim", so is frivolous and you'll pay $150-175 under PLRA and lose good time!

A major part of case prep is creating and collecting evidence. NO!! Do NOT fabricate it, you FOOL!! That's a felony!! Get and file every piece of paper that relates to a cause of action. Generate evidence by recording facts. After an incident report, then organize the facts sequentially by time and write up an affidavit-sign it and seal it with thumbprint. Get eyewitness statements and/or affidavits. DO NOT waste them on the grievance process we're all liars, anyway. And you do not want a surprise shakedown to cause them to disappear. Or to have your witnesses transferred to Timbuktu…

Be sure to get plenty of subpoena forms from the clerk early on. Not just for witnesses, but also for "Subpoena Deuces Tecumseh"-produce the document(s) in court-with the proper document custodian to swear to their authenticity and related questions of policy and procedure ("were the missing pages shredded?" for example). You also need to do habeas petitions for each of your witnesses 60 days before trial so if they get moved you have time to get a court order to have them produced at least two weeks before trial when you are (by the same writ, but "Prosecutorum" so you can have legal visits in order to go over their testimony before trial, and get your questions organized. And how they will deal with courtroom cross-exam. And have time to get a court order for the legal visits if denied.

The last, but not least, important factor to always keep in mind: you will not always win in trial court, so you must prepare your appellate issues in pretrial and at trial. Use every procedural option necessary to show the bias of a court or of the perfidy of the opponent by using motions, judicial notice, objections-making a record, just as you do on the administrative level. Because you win or lose on the record and the facts and law you put in motion, or in a brief or "memorandum of law" you file in support of your petition/original pleading.

Remember, you win on appeal when there is a mixed question of fact and law "as it must be reviewed de novo"-like new. Same with all questions of law ("why" of affidavits, etc.) Lastly, I must make an appeal for common sense. If your facts do not state a claim to you-DON'T FILE!! If they do to YOU, get a second opinion from a paralegal. Then get TPLU to agree, because, without help outside we cannot beat the ABU-TDC stacked deck and mail control. (Coleman v. Johnson 184F3d398. ca5 1999). D. 501 US 722, 120 SCT 1594, 146 L2d 467 (2000)

And the only way TPLU can do the work to help is if we inside stop self-sabotage, infighting, and being greedy. Eating a pint each week and not putting the cash out there to get an attorney who can beat the mail gauntlet and get crucial evidence and documents out for TPLU staff to copy and secure is shooting oneself in the foot!

TPLU cannot work without funds. The average lawsuit is a $25,0000 cost. Not all is to pay the lawyer's time; half can go over costs easily. Pro se we still face those costs to win under current conditions. And when any of us does win, we need to put a 10% tithe into TPLU's war chest.

Cast your bread sisters and brothers, or it cannot come back ten fold, not even two fold. You'll just get fatter, get diabetes and get no medical care or diet, from eating all that junk food.

While we may be our worse enemy, we can also be our own saviors if we lose victim consciousness and empower ourselves to do the work of vigilant citizens-in- prison. No one else has our motivation: life with honor!

Written By; A TX Jail House Lawyer

IN SOLIDARITY,
DWIGHT RAWLINSON
National Secretary

T.P.L.U.
C/O: Dwight Rawlinson
2121 So. 4th
Waco, Texas 76706

Email: TPLU