Circuit Court Judge's Order After Alleged Dismissal by U.S.D.C. Magistrate

 

Here is the order:

ORDER

The Court has reviewed the file in this case to attempt to comprehend Plaintiff's claim in order to process the case. The Court finds that the liens sought to be cancelled are liens of the Internal Revenue Service of the United States of America. The Defendant, Van E. O'Neal is a revenue officer and employee of I.R.S. The case was removed to the District Court of the United States by Notice of Removal dated [date removed] and the Eighteenth Judicial Circuit case was closed. A Order of Dismissal based upon lack of subject matter jurisdiction was entered by the Honorable Gregory A. Presnell, United States District Judge. The Complaint was dismissed with prejudice on [date removed]. A copy of the Order is attached hereto.

No case is pending between these parties in this Circuit and Plaintiff is not authorized to file pleadings in the closed file. The case is closed and has not been reopened. This Court does not have subject matter jurisdiction or personal jurisdiction of Defendant at this point and the issue is res judicata because of the Order finalizing the case on the merits. The Court does not have jurisdiction of the United States of America. It is thereupon

ORDERED AND ADJUDGED that this case is closed and Plaintiff shall cease filing pleadings in the case file. The Clerk of the Court shall not accept or file any further pleadings other than appeal pleadings if filed.

DONE AND ORDERED at ...

The above order is deceptive to the common man, but analysing it with a legal dictionary in hand reveals that this order is perfectly reasonable; it's exactly what I wanted.

Firstly, we all must know that an order issued by a court that lacks subject matter jurisdiction is void. It has no authority over the case whatsoever. So the order from the U.S.D.C. Magistrate (not reproduced here) trying to dismiss the case is void on its face, as the order declares the court to have no subject matter jurisidction and then declares the complaint dismissed.

In the first paragraph, the State Circuit Court (SCC) judge reviews the alleged removal to the United States District Court, from whense issued an "order" dismissing the case. Repeating that the U.S.D.C. Order said that court had no subject matter jurisdiction, the SCC judge calls the magistrate "the Honorable." Let's look at the definition of "Honorable:"

A title of courtesy given in England to the younger children of earls, and the children of viscounts and barrons; and, collectively, to the house of commons. In America, the word is used as a title of courtesy for various classes of officials, but without any clear lines of distinction.

The SCC judge in using that title is patronizing the magistrate, as if giving tolerant praise to a child for the child's efforts. ("Oh what a good effort that was Little Gregory." <patting him on the head>) Also notice the SCC named the court as the District Court of the United States (DCUS), not the United States District Court (USDC). (No doubt Presnell had been directed to issue the order he did.)

Next notice that the SCC order uses two terms "the court" and "this court." Let's look at the definition of "this:"

When "this" and "that" refer to different things before expressed, "this" refers to the thing last mentioned, and "that" to the thing first mentioned. "This" is a demonstrative adjective, used to point out with particularity a person or thing present in place or in thought.

In this legal usage (and this Order is a legal usage), the SCC judge is using "this" with reference to nearness of thought, or perhaps nearness in placement on the paper, not geographic locality of the buildings. So "this Circuit" and "This Court" refer to the circuit of which the DCUS is a part, and the DCUS itself, respectively. (The DCUS was organized into circuits, unlike the USDC.)

So with this in mind, let's substitute some terms so we common men can understand it:

No case is pending between these parties in the DCUS Circuit and Plaintiff is not authorized to file pleadings in the closed file [in the SCC]. The case is closed and has not been reopened. The DCUS Court does not have subject matter jurisdiction or personal jurisdiction of Defendant at this point and the issue is res judicata because of the Order finalizing the case on the merits. The [State Circuit] Court does not have jurisdiction of the United States of America.

All these statements are true. The SCC judge is ackowledging that the federal courts have no jurisdiction - I agree.

Another point to make is that the federal removal statute requires that any case removed from a state court be to the federal circuit court, unless Congress created the state court AND it is operating under those laws in which case removal to the district court of the United States is appropriate. But the USDC meets neither requirement.

Now, what does "closed" mean? Black's Third Edition has a few more definitions than current editions. This entry is pertinent here:

In practice. The word means termination; winding up. Thus the close of the pleadings is where the pleadings are finished, i.e., when issue has been joined.

So "closed" simply means that the pleadings are done, that's all. What's next then? After a bit of searching, here's an illuminating entry from Florida Jurisprudence 2nd:

SUMMARY JUDGMENT - 49 Fla Jur 2d

s. 58. In general; time for motion
"A motion for decree on the pleadings is a pretrial step, designed for use before trial, but after the cause is at issue. Thus, the rule provides that after pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings.
Judgment on the pleadings is only appropriate only after the pleadings are closed, which generally means until after the complaint and counterclaim, if any, have been answered by the opposing party. ..." 

The pleadings are closed, now the next step is to ask the SCC to give a decree on the pleadings. (More research is needed here, however.) The pleadings are done, (the defendant has defaulted,) and now the judge wants a motion for him to go to the next step. Eventually, this should lead to a "Final Judgement" which would indicate the case in the SCC is done and over.

And to think, I was about to appeal this judge's order...

 

CLOSE, v. - Black's 3rd

HONORABLE. - Black's 3rd

THIS. - Black's 3rd