justice4nifong: Foushee-induced Drama at the Legislative Office Building: Parts One and Two

Thursday, November 11, 2021

Foushee-induced Drama at the Legislative Office Building: Parts One and Two

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Nifong Supporter said...: Anonymous Doogie Howser said...

Dr. Harr,

This is the post A Durham Man is referring to:

Blogger Nifong Supporter said...

HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!

This morning I returned a call to counsel for WRAL-5 News. I was reminded that "the courts have spoken" with regards to my lawsuits (in which defendants' Motions to Dismiss were granted) and was told that WRAL was considering filing a lawsuit against me seeking sanctions. The call to me was a courtesy to see if I would agree to settling out of court before the complaint against me was filed.

Naturally, I quickly responded that I would be more than willing to try to reach a settlement with a proviso that WRAL would publish a correction to the libelous and defamatory July 4, 2016 online news article. Before I could mention anything about my court cost, and other reasonable conditions, I was interrupted by the attorney who indicated that my demands were a non-starter. So, as we left it, we were at an impasse and it appears that WRAL-5 News may file a civil lawsuit against me.

I wouldn't count on the mainstream media covering this legal war (it hasn't to date), but this blog site will.

As you were.

January 25, 2021 at 1:47 PM

January 23, 2022 at 5:27 AM

Hey, Doogie.

Thank you for the clarification. I had forgotten about the conversation. I always considered it to be nothing more than a bluff... which is probably why it was but a fleeting memory.

There is no way WRAL-5 News would want to get me in a courtroom... so you can forget about it filing a civil lawsuit against me. If I am served with a lawsuit I will mention it immediately.; January 23, 2022 at 8:23 AM
A Durham Man said...: Sid,

Perhaps WRAL and its attorneys learned from their mistake. They didn’t pursue a valid claim against you and now they are defending more frivolous litigation filed by you.; January 23, 2022 at 9:56 AM
Anonymous said...: A Durham Man -

I think Walt stated some time ago that Sid is settlement proof. WRAL would win a civil suit against Sid, but couldn’t even recover their legal fees.; January 23, 2022 at 12:24 PM
A Durham Man said...: I assume you mean “judgment proof.” That may or may not be true. However, my understanding is that Duke was able to obtain a gatekeeper order against Sid, which appears to have been effective.; January 23, 2022 at 8:54 PM
Anonymous said...: Perhaps, “settlement proof” is a term used in the Canadian legal system. Kenny will be able to confirm.; January 24, 2022 at 5:37 AM
Anonymous said...: Thanks A Durham Man -- it was "judgment proof".

The gatekeeper order came after Sid filed the same lawsuit against Duke on 3 separate occasions. it is (IIRC) not specific to Duke, but it is specific to filings in the federal court middle district.

Which does somewhat explain why Sid has never charged Duke with attempted kidnapping.

Perhaps Sid can enlighten us.; January 24, 2022 at 7:20 AM
A Durham Man said...: If WRAL or another party asserts a claim against Sid (or Crystal) based on the frivolous litigation, I wonder if there would be an opportunity to focus a court on the NC Bar’s order from years ago that Sid stop practicing law. I have seen no indication that the NC Bar is willing to attempt to enforce the order.; January 24, 2022 at 3:27 PM
Anonymous said...: There is nothing the State Bar can do.

Sid has consistently and dishonestly denied violating the order. He claims he is just a scribe and errand boy for Mangum - transcribing her words and thoughts into lolsuits and then delivering those lolsuits to the appropriate parties.

Mangum has not complained about Sid's "representation." Sid has no other "clients." He's never argued a case in court for Mangum, or appeared in court as her "attorney" or anyone else.

Without some hard evidence or a complaint from a client, or some other aggrieved party, it's hard for me to see what can be done by the State Bar concerning Sid's brazen and flagrant violation of the order. The punishment for Sid's malfeasance, I suppose, is all the years and hours Sid and Mangum have wasted, and the inestimable and irreparable damage he has done to any chance Mangum might have had to argue for relief from her conviction and/or sentence sentence. The sentence seems to fit the "crime."

Abe Froman
Chicago, IL; January 25, 2022 at 12:45 PM
A Durham Man said...: You don’t consider WRAL and Oxygen Media to be aggrieved parties?; January 25, 2022 at 6:09 PM
Anonymous said...: Abe,

No one who reads this blog is interested in your views on the NC State Bar. We come here for your countdown. Give the people what they want.; January 25, 2022 at 8:55 PM
Nifong Supporter said...: A Durham Man said...

Sid,

Perhaps WRAL and its attorneys learned from their mistake. They didn’t pursue a valid claim against you and now they are defending more frivolous litigation filed by you.

January 23, 2022 at 9:56 AM

Hey, Durham Man.

My lawsuit against WRAL-5 News was legitimate as it falsely claimed I was a Durham man and that my lawsuits against Duke University were about the 2006 Duke Lacrosse case. The truths are that I have no connection whatever to Durham, a fact which WRAL-5 News later corrected, and my lawsuits were about the 2010 attempt by Duke to kidnap me.

Mangum's current lawsuit against WRAL=5 News is also valid because her boyfriend's demise was not a "stabbing death."

WRAL-5 News was given ample time to address Mangum's concern, a correction would make the article more accurate and certainly not accrue to the detriment of the media giant. But because of its hubris, it ignored Mangum's concerns, which led to the lawsuit... something which was avoidable and which Mangum wanted to avoid.; January 26, 2022 at 5:14 AM
Nifong Supporter said...: Anonymous Anonymous said...
Thanks A Durham Man -- it was "judgment proof".

The gatekeeper order came after Sid filed the same lawsuit against Duke on 3 separate occasions. it is (IIRC) not specific to Duke, but it is specific to filings in the federal court middle district.

Which does somewhat explain why Sid has never charged Duke with attempted kidnapping.

Perhaps Sid can enlighten us.

January 24, 2022 at 7:20 AM

Hey, Anony.

The gatekeeper order is very effective in depriving individuals of their Constitutional Rights to file grievances with the court.

However, the reason I did not file an "attempted kidnapping" complaint is that that would be something for the criminal rather than civil division. For me to file a complaint with law enforcement would be futile in this instance because I have no proof that Duke employees conspired to have me arrested. I believe the evidence I have, from my audio recording, readily supports my belief.

So filing a lawsuit for attempted kidnapping would not only be wasteful, but not legally possible, in my opinion. My decision to not file for attempted kidnapping would not have rested on the gatekeeper ruling.

Consider yourself elucidated.; January 26, 2022 at 5:23 AM
Nifong Supporter said...: Anonymous Anonymous said...
There is nothing the State Bar can do.

Sid has consistently and dishonestly denied violating the order. He claims he is just a scribe and errand boy for Mangum - transcribing her words and thoughts into lolsuits and then delivering those lolsuits to the appropriate parties.

Mangum has not complained about Sid's "representation." Sid has no other "clients." He's never argued a case in court for Mangum, or appeared in court as her "attorney" or anyone else.

Without some hard evidence or a complaint from a client, or some other aggrieved party, it's hard for me to see what can be done by the State Bar concerning Sid's brazen and flagrant violation of the order. The punishment for Sid's malfeasance, I suppose, is all the years and hours Sid and Mangum have wasted, and the inestimable and irreparable damage he has done to any chance Mangum might have had to argue for relief from her conviction and/or sentence sentence. The sentence seems to fit the "crime."

Abe Froman
Chicago, IL

January 25, 2022 at 12:45 PM

Hey, Abe.

I agree with most of what you stated, with the exception of the final paragraph.

Regarding my denial of wrongdoing: I have in the past accepted that I was in violation of the 2013 injunction against helping Mangum. My reasons for so doing consist of the following:
(1) she received ineffective legal counsel from her attorneys (second-degree murder conviction in a case in which the manner of death was an accident by a third party... and failure to timely file a malicious prosecution civil complaint... and failure to file a Writ of Habeas Corpus in Federal Court);
(2) Mangum was abandoned by the NC Prisoner Legal Services in a letter dated January 17, 2017; and
(3) Extensive attempts were made to secure legal representation from civil rights/social justice organizations, innocence commissions, and attorneys from the private sector... all without success.

Because of the aforementioned, as a long-time advocate, and Ms. Mangum's fiance, I engaged in doing what I could to see that she receive justice.

Hope this provides extra clarification on the matter.; January 26, 2022 at 5:35 AM
Anonymous said...: I’m not the legal scholar you are, but if you have evidence that supports your belief, that evidence can be used in court to conclude that Duke attempted to kidnap you.

I’m not buying your “filing a lawsuit…would not only be wasteful, but not legally possible” argument, either.

It’s never stopped you before; January 26, 2022 at 4:49 PM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!

I am sad to report that today has been catastrophic on two fronts in my fight for justice for my fiancee.

First, one of my surprise strategies was blown to smithereens when I received a phone call from the Honorable Durham Mayor, and former Durham District Judge Elaine (Bushfan) O'Neal. I originally wrote her on August 11, 2021 after learning she was a mayoral candidate for the Bull City... a city wherein Crystal Mangum was born and spent most of her life (except for a few years in the service and the past decade in prisons). What gave me hope was the fact that Mangum knew O'Neal long before the 2006 Duke Lacrosse incident... and they were acquaintances (not friends as the mayor corrected me) having attended the same church.

In my letter I asked for nothing more than a letter from her to the DHHS Secretary requesting that the Office of the Chief Medical Examiner conduct a review of the autopsy report by Dr. Nichols of April 14, 2011 on Reginald Daye. Just a noncommittal letter of a paragraph or two. In a phone call from Ms. O'Neal a couple of weeks later we discussed the situation briefly and I felt confident that she would provide some support for Crystal to receive justice.

LINK to letter to Elaine O'Neal on August 11, 2021

After the mid-August 2021 phone call, I did not receive any communication from Ms. O'Neal despite frequent letters, visits to the Durham City Hall, e-mails, etc... that is until this afternoon.

Mayor O'Neal made it clear to me that she did not believe that her job included helping individuals... only the masses of Durham residents. She made it clear that she would not do anything to help Crystal or any of the other individuals who wrote to her about injustices that they had experienced. She stated that she believed her role as mayor was to focus on issues related to the city... such as gun violence, COVID-19, voting rights, etc.

I was extremely disappointed and disheartened by what she said, and what I took to be a definite lack of empathy or humanity. I really expected much more from her.

Although it took more than five months for her to respond to me about her intentions regarding the injustices to Ms. Mangum, I am glad that she finally did call me today and clarify her position regarding Crystal. Like I thanked her over the phone, her call saved me a weekly bus trip to Durham for the purpose of dropping off a letter... a trip planned for tomorrow.

Unfortunately, Mayor Elaine O'Neal joins a long list of African American women who have scoffed at helping Crystal Mangum who's being punished by systemic racial justice... the list including Durham D.A. Satana Deberry, Superior Court Judge Carolyn Thompson, U.S. District Court Judge Loretta Biggs, and State Senator Valerie Foushee.

I'm too worn out to continue with the second great disappointment of today, so I'll write a comment about it tomorrow.

As you were.; January 26, 2022 at 5:35 PM
Anonymous said...: Sid,

I want to make sure that I understand your post on January 26 at 5:35 AM. Are you admitting that you have violated the NC State Bar order?; January 27, 2022 at 5:56 AM
Anonymous said...: Where are you getting the "Bushfan" in Mayor O'Neal's name? I don't see it referenced anywhere but in your comments.

It is a surname, but a fairly uncommon one.

Thanks!; January 27, 2022 at 10:49 AM
Anonymous said...: She was Judge Bushfan for years, she went back to ONeal after her divorce.; January 27, 2022 at 11:42 AM
Ishmael said...: Anonymous @ 10:49 --

Mayor O'Neal is/was (not sure of their current status) married to Joe Bushfan (of Joe's Diner fame, if you're familiar with Durham).; January 27, 2022 at 4:10 PM
Nifong Supporter said...: Anonymous said...

Sid,

I want to make sure that I understand your post on January 26 at 5:35 AM. Are you admitting that you have violated the NC State Bar order?

January 27, 2022 at 5:56 AM

Hey, Anony.

You could say that. Keep in mind that I take responsibility for my actions. Always have. I told reporter Virginia Bridges in her January 3, 2018 article "Duke Lacrosse accuser wants cash, new murder trial, but will ally land in court?" that I helped draft and type her malicious prosecution lawsuit. I have basically drafted and typed all of her legal briefs. That is no secret.

As far as violating the injunction, I don't believe I violated the spirit of it... I guess a case could be made that I violated it on a technicality. But that's akin to saying that I forged her name when I signed her name to the briefs.

Keep in mind what Abe said about the fact that I don't represent myself as an attorney, I do not draft or give legal advice to anyone other than my fiancee, and I do not charge for my services. It would make absolutely no sense for the NC State Bar or any prosecutor to attack me for helping my fiancee... especially after she was sold-out by traitorous lawyers who allowed her to be convicted for a non-existent crime.; January 27, 2022 at 5:17 PM
Anonymous said...: What was your second great disappointment?; January 27, 2022 at 5:37 PM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!!
IMPORTANT ANNOUNCEMENT!

As I said about 24 hours earlier, yesterday was forgettable with two devastating events... the first being rebuffed by Durham Mayor Elaine O'Neal in my quest for a measly letter from her to the NC DHHS Secretary asking for a review of the Dr. Clay Nichols' autopsy report on Reginald Daye. The other disappointment came roughly the same time of the afternoon... a double whammy for sure. It had to do with Mangum's libel/defamation lawsuit against Oxygen Media Group.

Yesterday I went to the Federal Courthouse in Raleigh to review the docket of documents filed in Mangum's case. The last entry by defendant Oxygen was filed on December 14, 2021, and on December 15, 2021 the motions were reported as being delivered to U.S. District Judge James C. Dever, III. This was the first time I had seen his name on record as being the one to whom the motions and documents had been delivered (prior, the record stated that the documents were referred to the judge). Yesterday it was undisputable that the Magistrate Judge would not be involved in this case... a tremendous disadvantage and one that I had feared for quite some time. In fact, I repeatedly wrote to the Clerk of Court for NCED asking procedural questions on this matter, but was always ignored.

The Federal Court is depriving Crystal Mangum of her due process rights. Not only that, but the case is going to a judge who not only graduated from Duke Law School, but is currently connected with the Duke University School of law.

LINK to bio on Judge James C. Dever, III from Duke Law School directory

So under these conditions, how is Crystal Mangum supposed to get a fair trial? Being denied due process and having her case before a judge who is anything but impartial. At the very least the lack of impartiality by Judge Dever's involvement is unavoidable. Sad commentary on a justice system that is cruel, corrupt, and racist.

Consider how pathetic this entire matter is. Mangum is incarcerated, unable to attain legal help, assisted by a non-attorney fiance, and yet the clerk and judge and others conspire to deprive her of basic due process rights.

WHAT I WOULD LIKE TO KNOW is your opinion on the Federal Court omitting participation by the Magistrate Judge in Mangum's legal case.

As you were.; January 27, 2022 at 5:43 PM
Prince Humperdinck said...: You were told on Jan 10 that Judge Dever was assigned this case. You even responded, identifying Judge Dever’s history with Duke…Have you gotten already?

Dr. Caligari posted this on Jan 4:

Dr. Harr:

I don't have time right now to explain what Magistrate Judges are and what they can and cannot do, but suffice it to say that the involvement of a Magistrate Judge is not required by law and is certainly not a component of "due process.”…

You’ve admitted that you never attempted to identify the court’s procedures. How can you argue that the court isn’t following those procedures when you don’t even know what they are?

I agree with Dr. Caligari. The lack of involvement from a magistrate judge does not deprive Crystal Mangum of any due process rights.; January 27, 2022 at 6:11 PM
Fake Abe Froman said...: Sid,

Are you modifying your prediction that Crystal will be released by the Ides of March?

Fake Abe Froman
Chicago, IL; January 27, 2022 at 6:15 PM
Nifong Supporter said...: Fake Abe Froman said...

Sid,

Are you modifying your prediction that Crystal will be released by the Ides of March?

Fake Abe Froman
Chicago, IL

January 27, 2022 at 6:15 PM

Hey, Fake Abe.

I believe that considering the lawsuits already filed and any prospective new lawsuit(s) coming down the pike... and a few other secret projects... the possibility that Mangum will be freed by the Ides.; January 29, 2022 at 5:51 AM
Nifong Supporter said...: Anonymous Prince Humperdinck said...
You were told on Jan 10 that Judge Dever was assigned this case. You even responded, identifying Judge Dever’s history with Duke…Have you gotten already?

Dr. Caligari posted this on Jan 4:

Dr. Harr:

I don't have time right now to explain what Magistrate Judges are and what they can and cannot do, but suffice it to say that the involvement of a Magistrate Judge is not required by law and is certainly not a component of "due process.”…

You’ve admitted that you never attempted to identify the court’s procedures. How can you argue that the court isn’t following those procedures when you don’t even know what they are?

I agree with Dr. Caligari. The lack of involvement from a magistrate judge does not deprive Crystal Mangum of any due process rights.

January 27, 2022 at 6:11 PM

Hey, Prince Humperdinck.

As you know, I am extremely busy and the several letters I wrote to the Clerk of Court for the NC Eastern District asking about the procedures and the magistrate judge's role. My letters were ignored.

I would like you, or Dr. Caligari to find the rule that explains civil procedure for the Federal Courts and the role of the magistrate judge. If you could do that, all other commenters and I would be in your debt.; January 29, 2022 at 6:00 AM
A Durham Man said...: Sid,

Who are you planning to sue now?; January 29, 2022 at 6:31 AM
Nifong Supporter said...: Anonymous A Durham Man said...

Sid,

Who are you planning to sue now?

January 29, 2022 at 6:31 AM

Hey, Durham Man.

I am not planning on suing anyone.

Crystal Mangum may have other plans.

I am sure that she is open to suggestions. Any recommendations?; January 29, 2022 at 9:33 AM
Prince Humperdinck said...: I’m not doing your homework, Sid. You made the claim that “The Federal Court is depriving Crystal Mangum of her due process rights.”

Show us those due process rights she’s being deprived of.

You can’t, because she isn’t.; January 29, 2022 at 12:29 PM
kenhyderal said...: The "mother" of all lawsuits, for wrongful prosecution, conviction and imprisonment will be in the cards for the State of North Carolina and her taxpayers when the truth, already known by the State Government and it's politicians, becomes known by it's Citizens. Too bad the media in that State is too fearful to take on the "powers that be" there; otherwise, it would be sooner, not later. But, the truth wiil, eventually, come out and a fickle public will then turn on those who failed to "do the right thing". Many will claim they were always on the side of justice but just did not know the extent oof Crystal's"rail-roading. Something that certainly can't be said by the majority of those who visit this Blog. Those here, who defend the indefensible, in order to appease those in power. i.e. North Carolina's robber barons and crooked politicians.; January 29, 2022 at 1:26 PM
Dr. Caligari said...: Dr. Harr:

The rules governing Magistrate Judges in civil cases in federal courts are Rules 72 and 73 of the Federal Rules of Civil Procedure. Each district will also have local rules regarding Magistrate Judges. The federal rules and local rules are all easily found on line.

For some background:

District Judges, under Article III of the Constitution, are appointed by the President of the United States and confirmed by the Senate. They serve for life.

Magistrates are sort of junior judges. They are not appointed by the President; they are elected by the district judges in each district. They serve limited terms (4 or 8 years) and are paid less than District Judges.

Because Magistrate Judges are not appointed in the manner required by the Constitution, their powers are limited (unless both sides consent to having a Magistrate Judge hear their case, something which rarely happens). In many districts, Magistrate Judges handle only preliminary matters such as discovery disputes. In some districts, the local practice is for judges to delegate hearing motions to Magistrate Judges but, if the motion is "dispositive" (i.e., a motion to dismiss or for summary judgment), the Magistrate Judge cannot decide the motion, so they review the papers, hear oral arguments, and write a "Report and Recommendation" to the District Judge, who has the ultimate matter to decide.

Most lawyers do not like it when an important motion is assigned to a Magistrate Judge, because Magistrate Judges are typically less experienced than a Presidentially-appointed District Judge. Although the District Judge retains ultimate responsibility for deciding the motion, they usually rely heavily on the Magistrate Judge's Report and Recommendation. When I was in practice, I would have much rather made my arguments directly to the District Judge rather than have them filtered through a Magistrate Judge first.

In any event, having a Magistrate Judge hear a motion is certainly not part of "due process of law." It's like being seen by the nurse practitioner because the doctor is too busy.; January 29, 2022 at 4:09 PM
Nifong Supporter said...: Dr. Caligari said...
Dr. Harr:

The rules governing Magistrate Judges in civil cases in federal courts are Rules 72 and 73 of the Federal Rules of Civil Procedure. Each district will also have local rules regarding Magistrate Judges. The federal rules and local rules are all easily found on line.

For some background:

District Judges, under Article III of the Constitution, are appointed by the President of the United States and confirmed by the Senate. They serve for life.

Magistrates are sort of junior judges. They are not appointed by the President; they are elected by the district judges in each district. They serve limited terms (4 or 8 years) and are paid less than District Judges.

Because Magistrate Judges are not appointed in the manner required by the Constitution, their powers are limited (unless both sides consent to having a Magistrate Judge hear their case, something which rarely happens). In many districts, Magistrate Judges handle only preliminary matters such as discovery disputes. In some districts, the local practice is for judges to delegate hearing motions to Magistrate Judges but, if the motion is "dispositive" (i.e., a motion to dismiss or for summary judgment), the Magistrate Judge cannot decide the motion, so they review the papers, hear oral arguments, and write a "Report and Recommendation" to the District Judge, who has the ultimate matter to decide.

Most lawyers do not like it when an important motion is assigned to a Magistrate Judge, because Magistrate Judges are typically less experienced than a Presidentially-appointed District Judge. Although the District Judge retains ultimate responsibility for deciding the motion, they usually rely heavily on the Magistrate Judge's Report and Recommendation. When I was in practice, I would have much rather made my arguments directly to the District Judge rather than have them filtered through a Magistrate Judge first.

In any event, having a Magistrate Judge hear a motion is certainly not part of "due process of law." It's like being seen by the nurse practitioner because the doctor is too busy.

January 29, 2022 at 4:09 PM

Hey, Dr. Caligari.

Thanks so much for edification regarding the federal magistrate judge and where to find the rules regarding the job description. I will go over them carefully later.

My opinion is that magistrate involvement in making a recommendation in a dispositive motion is invaluable... especially if the district judge has obvious appearance of impropriety... obvious bias as is the case with Duke Law alum Judge Dever. In this case, input in the form of a recommended ruling is all the more important. I am unaware personally of a federal case in which the magistrate is totally omitted. Even in Mangum's federal civil case of malicious prosecution in the NC Middle District, the magistrate judge was initially involved until District Judge Catherine Eagles intervened (without a recommendation from the magistrate) and dismissed her case.

After I read the applicable rules you mentioned, I may have more to offer on the subject.

Thanks again for the helpful data.; January 30, 2022 at 4:53 AM
Nifong Supporter said...: kenhyderal said...
The "mother" of all lawsuits, for wrongful prosecution, conviction and imprisonment will be in the cards for the State of North Carolina and her taxpayers when the truth, already known by the State Government and it's politicians, becomes known by it's Citizens. Too bad the media in that State is too fearful to take on the "powers that be" there; otherwise, it would be sooner, not later. But, the truth wiil, eventually, come out and a fickle public will then turn on those who failed to "do the right thing". Many will claim they were always on the side of justice but just did not know the extent oof Crystal's"rail-roading. Something that certainly can't be said by the majority of those who visit this Blog. Those here, who defend the indefensible, in order to appease those in power. i.e. North Carolina's robber barons and crooked politicians.

January 29, 2022 at 1:26 PM

Hey, kenhyderal.

Your comment is spot-on and bears repeating. Thanks.; January 30, 2022 at 4:56 AM
Anonymous said...: How’s that lawsuit coming along Kenny? Is it part of your secret plan?; January 30, 2022 at 5:16 AM
Nana Duffuor said...: kenhyderal,

What specific actions have you taken to assist Crystal? I have to believe that Mayor O’Neal would have been less likely to blow off Dr. Harr if you had also contacted her.; January 30, 2022 at 9:53 AM
guiowen said...: Nana,
Kenny is a man of limited means. Why do you ask so much of him?; January 30, 2022 at 1:38 PM
Anonymous said...: Regardless of your opinion that magistrate involvement in making a recommendation in a dispositive motion is invaluable, they are not required to do so. (from the Eastern District of North Carolina Local Civil Rules of Practice and Procedure) :

A magistrate judge may submit to a judge a report containing
proposed findings of fact and recommendations for disposition by the judge of the following pretrial motions... (The list of pretrial case-dispositive motions follows -- see Rule 72.3)

Note the operative word "may". This indicates that the magistrate judge has a permissive choice to act or not.

You've still not identified how Crystal Mangum was deprived of due process rights.; January 30, 2022 at 5:31 PM
Anonymous said...: Oh Kenny -- Sid's already tried the "wrongful prosecution" route (it's actually malicious prosecution both in the US and Canada, but whatever) at both the state and federal level, IIRC...We saw how those worked out.

Speaking of, I think the federal malicious prosecution case is the one Sid is referring to when he writes that "[Judge] Eagles then totally butted in by dismissing Mangum's case without the Magistrate Judge even filing a recommendation. She interjected herself into the proceeding when she had not been properly referred the case."

What Sid neglects to mention is that this case was assigned to BOTH Judge Eagles and Magistrate Judge Webster (it's right there on the docket).

He also neglects to mention that case-dispositive motions (specifically a motion to dismiss for failure to state a claim) was filed over 2 months BEFORE Judge Eagles granted the motion to dismiss.; January 30, 2022 at 6:06 PM
kenhyderal said...: @ Fake Nana: I have a diferent interpretation of that. If she won't respond to the fiance of a wrongly convicted and wrongly incarcerated constituent when she knows of her innocence then she is unlikely to entertain an additional request by someone foreign. Perhaps nothing ventured nothing gained but I would need a request from Dr. Harr before doing so.; January 30, 2022 at 6:45 PM
kenhyderal said...: @ Nana re: Guiowen. Keep in mind Guiownn is a sarcastic man with nothing but contempt for those of limited means. Most likely he adhears to the view common there in the U.S.A. that if you don't have money you can forget about getting Justice. So much for "Equal Justice for All Under the Law"; January 30, 2022 at 6:52 PM
Anonymous said...: Where's my shar-video????; January 31, 2022 at 9:01 AM
Nana Duffuor said...: kenhyderal,

Rather than answer the question in my post, you respond with name calling. Should I assume the answer to my question is “none”?; January 31, 2022 at 10:36 AM
kenhyderal said...: @ Nana : What I've done is between Crystal, her Fiance, Dr. Harr and myself. I would not, on a Public Blog, care to make announcements, as if seeking credit. Sufficient to say Crystal is my long-time friend and someone whose "back I'd have", whenever I am able. As you know, in the past there have been trolls using Nana Duffour. If you are the real person of substace who is sympathetic to Crystal's victimization, I apologize and Dr. Harr, at his discretion, has my permission to provide you with my contact information.; January 31, 2022 at 4:33 PM
Ari M. said...: [Verse 1]
Looking at my watch a third time
Waiting in the station for the bus
Going to a place that's far
So far away and if that's not enough
Going where nobody says hello
AT NCCI they don't talk to anybody they don't know

[Verse 2]
You wound up in some prison
That's full-time filth and nowhere left to go
I walk home to an empty house
Sit around all by myself
I know it might sound strange but I believe
You'll be getting out before too long

[Chorus]
Don't go back to Raleigh
Don't go back to Raleigh
Don't go back to Raleigh
And waste another year

[Verse 3]
At night, I drink myself to sleep
And pretend I don't care that you're not here with me
'Cause it's so much easier to handle
All my problems if I'm too far out to sea
But something better happen soon
Or it's gonna be too late to bring you back

[Chorus]

[Verse 4]
It's not as though you really need me
If you were here, you'd only bleed me
But everybody else in town only wants to bring you down
And that's not how it ought to be
I know it might sound strange but I believe
You'll be getting out before too long

[Chorus]; January 31, 2022 at 4:49 PM
Nifong Supporter said...: Anonymous said...
Oh Kenny -- Sid's already tried the "wrongful prosecution" route (it's actually malicious prosecution both in the US and Canada, but whatever) at both the state and federal level, IIRC...We saw how those worked out.

Speaking of, I think the federal malicious prosecution case is the one Sid is referring to when he writes that "[Judge] Eagles then totally butted in by dismissing Mangum's case without the Magistrate Judge even filing a recommendation. She interjected herself into the proceeding when she had not been properly referred the case."

What Sid neglects to mention is that this case was assigned to BOTH Judge Eagles and Magistrate Judge Webster (it's right there on the docket).

He also neglects to mention that case-dispositive motions (specifically a motion to dismiss for failure to state a claim) was filed over 2 months BEFORE Judge Eagles granted the motion to dismiss.

January 30, 2022 at 6:06 PM

Hey, Anony.

You are correct... I was referring to the Malicious Prosecution case and Judge Eagles interference.

What I object to in that case is the fact that although a magistrate judge was assigned, he never had the chance to fulfill his duties by presenting a Recommended Recommendation... which if unfavorable to Mangum would have allowed her to file an Objection. This entire phase of the process was omitted to the detriment of Mangum.

Likewise, an omission of magistrate involvement is a detriment in Mangum's case against Oxygen Media Group.; February 1, 2022 at 4:05 AM
Nifong Supporter said...: Nana Duffuor said...

kenhyderal,

What specific actions have you taken to assist Crystal? I have to believe that Mayor O’Neal would have been less likely to blow off Dr. Harr if you had also contacted her.

January 30, 2022 at 9:53 AM

Hey, Nana.

After receiving a phone call from Mayor Elaine O'Neal (following months of being ignored and avoided by her) it was plainly evident that under no circumstances would she lift a finger to help her "acquaintance" Crystal Mangum. This was extremely devastating, but after our conversation I moved on from her realizing that it would be impossible to move her from her position of disregarding Durham native/resident Mangum.

Any attempt to broach the Mangum injustice with O'Neal would be nothing more than a waste of time.; February 1, 2022 at 4:11 AM
Nifong Supporter said...: Anonymous said...
Where's my shar-video????

January 31, 2022 at 9:01 AM

Hey, Anony.

Though I get more proficient at producing shar-videos, I also get more creative and more ambitious. I believe this series of four parts will be one of the most important and inclusive I have ever produced.

Currently I am still applying images to the narrative soundtrack of Part One... the most time-consuming phase. I am hoping to be finished with it by the end of the week, then all I will have to do is add sound effects, put all of the sections together, and finish with a few post-production duties.

Optimistically I would hope to have Part One completed and uploaded on the blog site no later than Monday, February 7th.; February 1, 2022 at 4:20 AM
Anonymous said...: A magistrate judge does not have to submit a recommendation in order to fulfill their duties.

That has been explained to you with links to the local rules.

You’ve apparently chosen to ignore the real policies and substitute your own, and then claim Mangum was “deprived of due process” based on your policies and not the actual ones,

It doesn’t work like that, and making that claim when it’s provably false doesn’t help Mangum.; February 1, 2022 at 5:24 AM
Anonymous said...: And, I’ll note, you chose not to respond to the comment that details the local rules for civil procedures.

Why is that?; February 1, 2022 at 5:26 AM
Nifong Supporter Supporter said...: Nana,

Since it appears you are visiting Dr. Harr’s blog for the first time in several years, you should be aware that kenhyderal has been extremely volatile for the past month and has lashed out at me and other longtime posters. If you contact him directly, be prepared for him to insult you and question your motives. Unfortunately, kenhyderal seems to be in a bad place these days.; February 1, 2022 at 4:33 PM
kenhyderal said...: @ NSS: Spare us you amature psychoanalysis. Those posters I question and subsequently attack are those who I find are cruelly making sport and mockery of Crystal Mangum and her plight of wrongful conviction for a crime that never happened and for her subsequent wrongful incarceration, like, for example, poster Ari M. Jan 31. A grave injustice is being perpetrated and this is not the time or place for mischief and derision. Instead, it's a matter for all Americans to demand justice. This could happen to anyone, especiaaly minorites and the disadvantaged and treating it as a laughing matter is shamefully immoral. For the real Nana Duffour, whose motives, I perceive, are compassion, no warning is necessary. For a troll impersonating her, your warning might be prudent. Usually, those who mock the unfotunate are themselves, in the long run, in danger of being publically scorned themselves. That's what History should have taught us.; February 1, 2022 at 7:35 PM
guiowen said...: Nana,
Please don't be angry at Kenny. The trouble is that, because of context, he forgets half of what he does,and misunderstands half of what you tell him. I try to cover his back, but his racism makes it difficult or me to do so. Still,I am willing to forgive his racism if only he'll stop whining.; February 2, 2022 at 10:39 AM
kenhyderal said...: Calling Ken Edwards racist is like calling the Pope anti-Catholic.; February 3, 2022 at 4:26 PM
kenhyderal said...: Calling Ken Edwards racist is like calling the Pope anti-Catholic or Edgar Bronfman Jr. anti-semetic; February 3, 2022 at 4:40 PM
guiowen said...: Once again Kenny proves he forgets half of what people tell him. I explained to him, some years ago, why we consider him racist.; February 3, 2022 at 8:37 PM
Anonymous said...: "Illeism — the barely pronounceable word that describes the act of using the third person when talking about oneself — tends to signal to the rest of us one of a number of personality quirks in the speaker, none of them good: A stunted intellect (“Sloth loves Chunk”); the presence of psychotic personality disorders (“Smeagol hates nasty Hobbitses”); rampant egoism (“Doctor Doom shall be master of Earth!”)..."

https://melmagazine.com/en-us/story/the-psychology-of-referring-to-yourself-in-the-third-person; February 4, 2022 at 5:28 AM
Ari M. said...: "making sport and mockery of Crystal Mangum and her plight of wrongful conviction for a crime that never happened and for her subsequent wrongful incarceration, like, for example, poster Ari M. Jan 31".

Don't fall on me, Ken Edwards. I wasn't attempting to mock anyone. It was just a simple prop to occupy my time. I thought a little humor would make you and Dr, Harr shiny happy people again. Everyone knows Dr. Harr needs to take a break, he's been filing suits so long.

I know everybody hurts, and all I can say is, I'm sorry.; February 4, 2022 at 6:06 AM
kenhyderal said...: @ Anonymous 2--4-22 5:26 Ken Edwards subscribes to The Goldwater Rule of psychology; February 4, 2022 at 2:01 PM
kenhyderal said...: @ Ari M: Your apology rings hollow, especially coming right after your mockery of Dr. Harr's valiant attempts to procure Justice through a broken US Justice System that's stacked against the disadvantaged; February 4, 2022 at 3:30 PM
Anonymous said...: Ken Edwards hates nasty anonymous commenterses...

Anonymous @ February 4, 2022 at 5:28 AM never mentions you, just quotes an article and provides a link to it.

If you see Ken Edwards reflected in that comment, well, that's on Ken Edwards -- not the commenter.; February 4, 2022 at 4:28 PM
Dr. Caligari said...: What I object to in that case is the fact that although a magistrate judge was assigned, he never had the chance to fulfill his duties by presenting a Recommended Recommendation... which if unfavorable to Mangum would have allowed her to file an Objection. This entire phase of the process was omitted to the detriment of Mangum.

Likewise, an omission of magistrate involvement is a detriment in Mangum's case against Oxygen Media Group.

As I explained above, the failure to assign the Motion to dismiss to a Magistrate Judge causes zero detriment to Mangum's cases. As usual, even when educated about the real law, Dr. Harr chooses to believe in his own imaginary legal concepts, to Mangum's detriment.

Dr. Harr: After filing and losing so many cases in federal court, did it ever occur to you to read the Federal Rules of Civil Procedure? They are available on-line, for free.; February 5, 2022 at 10:31 AM
kenhyderal said...: @ Anonymous 2-4-22 4:28m PM:---- Don't be so disengenuous. You know as well as everybody else that post was aimed at me. Or should I say aimed at Ken Edwards; February 5, 2022 at 1:15 PM
Ishmael said...: Kenhyderal, “Ari M.” Used a combination of titles and lyrics from the band, REM (the first song they posted was actually the song “Don’t Go Back To Rockville” with minor modifications).

The second post is (in order):
Fall On Me
The one I love
Shiny Happy People
Driver 8 (I think)
Everybody Hurts
So. Central Rain (I’m Sorry)

So…I give them an A+ for music selection, F- for trolling.

Do yourself a favor - Don’t lower yourself to their level.; February 5, 2022 at 3:33 PM
Anonymous said...: If the clown shoe fits, Kenny wear it.; February 5, 2022 at 6:05 PM
Anonymous said...: Udaman kenhyderal udaman.; February 6, 2022 at 8:52 PM
Anonymous said...: It certainly appears that Sid’s promises to release a new video ring as true as his promises to Crystal Mangum to get her out of prison.; February 7, 2022 at 5:47 AM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!

The Shar-video is completed, and with the exception of a small visual mistake in it... which I decided not to correct, it is almost ready to post. Need to transform the Flash to a video formant and then it will be ready to place on YouTube and my blog site.

This is the first of a four-parter and is the longest video I have made to date... its running time is 31 minutes and 18 seconds. I will try to have it uploaded and ready to view no later than mid-afternoon... possibly before noon.

This series, I believe will be one of the most important I have produced. Although Parts Two and Three have been written and narrated, they are lengthy, too, and there are several more projects which require my attention before I can even begin to work on Part Two. Hopefully I will be able to have Part Two ready for viewing by early March.

As you were.; February 7, 2022 at 7:09 AM
Anonymous said...: Udaman Sid udaman.; February 7, 2022 at 10:06 AM

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Thursday, November 11, 2021

Foushee-induced Drama at the Legislative Office Building: Parts One and Two

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