We have all had contact with the legal system at some point.  Anyone who has not figured out that it is completely rigged and crooked cannot possibly have a functioning brain.  The old adage is --

                    THE MORE MONEY YOU HAVE, THE MORE JUSTICE YOU RECEIVE


DONALD (SKIPPER) CREED, DISTRICT JUDGE, DISTRICT 19B NORTH CAROLINA

Those of you who might want to send Don a birthday or Christmas card can mail it him at 100 Ridgeview Dr., Southern Pines, NC 28387


I had a Motions Hearing with the "Honorable" Donald Creed, District Judge, in Carthage, North Carolina on 9 January 2017.  The following letter was written complaining about the "Honorable" Donald Creed.  Anyone who might like to add to my comments, please e-mail me at littlefarm1@Windstream.net Creed was reelected to a 4 year term in November 2016 so I assume that he believes that he can do whatever he wishes for another four years.  My letter follows below.  

JUDICIAL STANDARDS COMMISSION
P.O. Box 1122
Raleigh, North Carolina 27602 

Re: District Judge Don Creed
Moore County
9 January 2017  Motions Hearing
16-CVD-1065    Knats Creek Nursery Inc.

Gentlemen:

I had a very unfortunate court experience with Don Creed, D.J. and I don’t ever want anyone to say that no one ever told you.  I do not know if the hearing was transcribed or not.

First of all.  Creed is good looking, charming and smooth.  Unfortunately there is a rattle snake underneath.

I am 73 years of age and have some health problems.  Apparently I have an involuntary eye twitch, wink or whatever you want to call it.  I winked at him and he called me out in a less than charming manner. I knew at that time that I had lost the case.

I thought that we were in a Motions hearing but it was in effect a trial.  During the “trial”, Creed never invited me to testify etc.  I had clearly said that I was willing to swear to everything that was in the Complaint and also that I had not included a sworn statement with the Motion for Summary Judgment as I would be in court and could testify.

The other party presented its case including having a witness on the stand.  When I realized what had taken place, I told Creed that I wanted to testify but he said that the time was over that we were now in arguments. 

Guess who won the case.  The other party won because I was not allowed to present any evidence.  After he had made his decision he refused to explain the rationale for his decision claiming that my pro se status precluded him from responding.

Talk about throwing a case.  The unfortunate fact is that an average person cannot win a case against a corporation.  As they say --- “The more money you have the more justice you receive.”  Somewhere near the end of the hearing Creed complained that I had “winkled” at him again.

Creed does not even try to create the appearance of impartiality and lawyers and judges wonder why they are so scorned by the public.

I was served with a Summons to appear and to bring certain documents.  I explained that I did not have the documents because they were unavailable. Creed said that I had not complied with the Summons and threatened to hold me in contempt.  I told him that I could not be forced to provide documents that I did not have.  He seemed to drop the contempt bit. 

I witnessed another thing.   Creed had told the bailiff to prepare an arrest warrant for some man.  I don’t know his name.  My opposing attorney Art Blue said that he had been involved with this man in some manner and that this man was homicidal or suicidal, Blue’s words, and that the deputies should be extremely careful when arresting this man.    At a later time, this man quietly and unobtrusively came in and sat down at one of the desks in the courtroom.  The man appeared to be about 80 years old and somewhat disconnected.  He was unkempt and an eight year old girl could have beaten him up.   I understand that he was there for a “first appearance”.  Well this man had gotten his days of the week mixed up. Creed gave him a short lecture about keeping his “calendar” straight although Creed was about 20 minutes late for court.   Frankly I don’t think that the man even realized what Creed had said.   Creed could not figure out that this man possibly had mental health issues and that a lecture, regardless of how short was unnecessary.  Creed later, presumably embarrassed signed off on the man’s I.F.P. petition.

Is there justice in this world?  Yes.  Someday Creed will be old and his understanding of old people will increase.

Sincerely yours, 

 
a second letter was sent to the Judicial Standards Commission --

JUDICIAL STANDARDS COMMISSION
P.O. Box 1122
Raleigh, North Carolina 27602 
Re: District Judge Don Creed
Moore County         9 January 2017  Motions Hearing
16-CVD-1065   Knats Creek Nursery Inc.

Gentlemen:

This is to supplement to my previous letter of 9 January 2017.
Creed refused to let me testify. He allowed my opponent to testify however.   This was a violation of North Carolina Judicial Code Canon III A. (4) -- "A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, full right to be heard according to law" 

Furthermore any "winking” that I did would fall under the First Amendment unless the Constitution was suspended while Creed was presiding.

Sincerely yours, 

 

________________________________________________________________________________________________________________________________


Here is another letter to the Judicial Standards Commission.    Judges are simply above the law.  They do as they please and are immune from civil action.

STEVEN BIBEY, DISTRICT JUDGE, DISTRICT 19B NORTH CAROLINA

JUDICIAL STANDARDS COMMISSION
P.O. Box 1122
Raleigh, North Carolina 27602 


Re: District Judge Steven Bibey

Moore County        10 April 2017  Motions Hearing

16-CVD-1065    Knats Creek Nursery Inc.

Gentlemen:

At a motions hearing this morning Judge Bibey explained that he would not rule on my Rule 59 Motion because Judge Creed issued the original dismissal of the case and that either the Chief District Judge, whomever he/she is, or Judge Creed would have to rule on my Rule 59 Motion.  I started to ask the question, Who is the Chief District Judge?  Bibey yelled at me in a less than friendly tone to LEAVE, LEAVE  I have had enough of you.  I did not threaten anyone. I never even raised my voice and quietly left.

So much for the Courts being open.  This was not a case involving a minor, divorce etc.    Art. I, § 18 of the NC Constitution (“All courts shall be open . . . .”). See Virmani v. Presbyterian Health Services Corp., 350 NC 449 (1999).

Bibey is supposed to be a Judge and not God.  He was extremely and totally unnecessarily arrogant and rude.

Canon (3) of the Judicial Ethics states as follows:

A judge should be patient, dignified and courteous to litigants, . .

Certainly Bibey needs a lot of instruction in that area.

This is the second time I have gone to court only to have a judge refuse to rule on a motion.  I am not aware of any Civil rule stating that a case is assigned, unlike U.S. District Court,  to a particular judge and that the presiding judge of the day is to rule on all motions before him. If I am wrong please tell me.

On February 13, 2017 Judge Lee Garvin explained that he would not be able to hear a Motion on this case. The difference is that Garvin was very polite and explained the situation.

Bibey inferred that I judge shopped.  I don’t know any of the judges.  I don’t even live in Moore County. When I want to have a Motion heard, I go to the clerk and ask her when the next district Court Motions hearing will be held.  I mark my notice, pay the $20 and get the motion placed on the calendar. I have absolutely no idea who will be judge that day.

The bottom line is that Bibey does not know the law.  There is no rule, State or Local,  stating that the only judge who can hear a Rule 59 motion concerning a dismissed case is the judge who dismissed the original action.  I am not an attorney but I know the law.  The job of judges is to rule and not display their ignorance and make excuses.  “The paramount duty of the trial judge is to supervise and control the course of the trial so as to prevent injustice.” In re Will of Hester, 320 N.C. 738, 741, 360 S.E.2d 801, 804 (1987).




Jayrene R. Maness

Maness is the Chief District Judge and corrupt as her bleach blond hair.  She dismissed an appeal because The date of an Order as written by the Judge was 28 August 2107 and I should have put 30 August 2017 the date the Notice of Appeal was entered on the docket.  A non-prejudicial mistake but when you are corrupt you use any excuse.    Yes the appropriate date on a Notice of Appeal is the entered date on the docket and not the date of the Order.  She was just looking for any reason to dismiss the case.


Maness dismissed an appeal, COA 17-1192, four (4) months after the appeal was filed.  a blatant violation of case law.  The order was an attempt to dismiss a valid case. A portion of my petition for a Writ of Certiorari stated as follows:

Judge Jayrene Maness is not the white haired blindfolded woman holding the scales of justice in her right hand with the sword of truth in her left.  

She is little more than a bleach blonde whore who has sold herself on the altar of justice to Art Blue and his corporate client. 

How or why I don’t know.

NORTH CAROLINA CODE OF JUDICIAL CONDUCT Canon 1 states that, “A judge should uphold the integrity and independence of the judiciary.” 

In this case Maness is either corrupt or incompetent and this case it is not even close.   We all know that the statement that “Ignorance of the law is no excuse.” is ludicrous.  At the first hearing where Maness issued her verbal order dismissing the appeal, she asked me if I had a case. I said, “No.”   I later found 5 cases.  I filed four of those cases in the District Court file and served her with a Motion to this court that had the First Bank case.  At the time when Maness signed the Order, she knew all five of those cases.  This situation is so black and white, one can only state that she is simply corrupt.  She stains the reputation of all other judges

It is basic American law, state and Federal, that once an appeal is filed that the lower court loses all jurisdiction in the matter.   Art Blue had to know that also.  But Blue with his “do whatever it takes” to dismiss a case could care less. 

King James Bible
“For what is a man profited, if he shall gain the whole world, and lose his own soul? or what shall a man give in exchange for his soul?”  Matt 16:26

Based upon information and belief, Art Blue is selling his Southern Pines home for $625,000 and moving to prestigious Forest Creek in Pinehurst and to a new $1,600,000 home. 

The above statement was most probably the reason that the Petition for a Writ of Certiorari (P18-21) was dismissed by the Court of Appeal, together with a petition for en banc hearing and a petition for rehearing, presumably due to my description of Maness. The Court of Appeals is utterly corrupt also.

Following is a Petition for Review filed with the NC Supreme Court

_________________________________________________________________________


No.  39P18                                                                    NINETEENTH B District

SUPREME COURT OF NORTH CAROLINA

********************************************

                                  )

                             Plaintiff                          )

 vs.                                                             )        From Moore County

                                                                   )          No. COA P18-21

KNATS CREEK NURSERY INC.                 )           

                             Defendant                  )

 

************************************

PETITION FOR DISCRETIONARY REVIEW

UNDER N.C.G.S. § 7A-31(C)

************************************


 

No.   39P18                                                          NINETEENTH B District

SUPREME COURT OF NORTH CAROLINA

********************************************

                                  )

                             Plaintiff                          )

 vs.                                                             )        From Moore County

                                                                   )          No. COA P18-21

KNATS CREEK NURSERY INC.                 )           

                             Defendant                  )

 

************************************

PETITION FOR DISCRETIONARY REVIEW

UNDER N.C.G.S. § 7A-31(C)

************************************

TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA:

Plaintiff  respectfully petitions the Supreme Court of North Carolina to certify for discretionary review the denial of a Petition for a Writ of Certiorari filed on January 9, 2018 in this cause on the ground that the denial was contrary to five reported cases and one appellate rule. 

On the 26th of January 2018, the Court of Appeals  denied in an unsigned order a petition for a Writ of Certiorari. Denials of en banc hearing and petition for rehearing were dismissed on January 31, 2018.  The major public interest is that legal principles of major significance and the uniformity of decisions by the Courts of this state.

The legal case is so straightforward that there can be no lack of understanding of this matter.

                                                                  FACTS

A timely Notice of Appeal was filed on 5 September 2017.  A hearing, 4 months later,  before Chief District Judge Jayrene Maness was held on 3 January 2108 and Maness  signed an Order  dismissing the appeal.

A timely Petition for a  Writ of Certiorari was filed on January 9, 2018.

The denial of the petition for a Writ for Certiorari was unbelievable.  The Petition for a Writ of Certiorari quoted at least 5 cases and one appellate rule all in agreement that the dismissal of the underlying case by the District Judge was totally contrary to this court’s decisions and of the Court of Appeals in this matter. It is just that simple.  A long train of cases in both in this Court and the COA state that a lower court loses all jurisdiction once a timely appeal is taken.

I am attaching a copy of the Petition for a Writ of Certiorari to this petition.

I expect this Court to review this matter and insure that the decisions of the Court and the COA are uniform.

Respectfully submitted,
 

___________________

1 February 2018
 

                                Certificate of Service of Petition for Discretionary Review

The undersigned hereby certifies that he served a copy of the Petition for Discretionary Review by depositing a copy, contained in a first-class postage-paid wrapper, into a depository under the exclusive care and custody of the United States Postal Service, addressed as follows:

Arthur M. Blue
PO Box 1540
Carthage,  NC      28327

This the  1st day of February 2018

_______________________________________________________________________________
                                                              
                                                                12 January 2018

North Carolina Judicial Standards Commission
P.O. Box 1122
Raleigh, North Carolina 27602

Complaint against Jayrene Maness, Chief District Judge, District 19B

Case 16 CVD 1065 Moore County

COA 17-1192 & COA P18-21

 Knats Creek Nursery, Inc.

Gentlemen:

Basically Maness corruptly dismissed an appeal to the North Carolina Court of Appeals.  Refer to the underlying appeal of COA 17-1192 and the Petition for a Writ of Certiorari, P18-21.

I realize that this complaint is not a substitute for an appeal etc.  Maness dismissed an appeal to the NC Court of Appeals on 3 January 2018.  The dismissal Order is attached.  I believe that the dismissal was so outrageous that it amounted to corruption.  Basically she dismissed the appeal long after (4 months) the Notice of Appeal was filed with the Clerk of the Superior Court.

Maness is not stupid, I believe that she knew exactly what she was doing and it was corrupt. I am 75 and probably was in law school before Maness was born.  I don’t know everything but I have mastered the basics. 

The knowing violation of the law was unbelievable.  If she wants to throw a case then do it when the underlying legal situation is not clear or questionable. I am attaching the Petition for a Writ of Certiorari so that you can review the legal basis. Section III. of the petition is not very charming but I am a tell-it-like-it-is guy and let the chips fall.

This complaint with attachments are submitted under penalties of perjury


 _________________