Conklin breathes skeptical sigh of relief as Mariani puts off eviction catastrophe by granting TRO for two more weeks

Once again, due to the prolific efforts of Steve Conklin, and his network of supporters, which is believed to include well over 100 American citizens reading this site, and the coverage of the Satori Farm saga on other sites as well, primarily through occupyharrisburg.org and judicial-corruption.net, who wrote and called Judge Mariani to ask him to stop the paramilitary eviction of Steve and his family, which has again been put off by a Temporary Restraining Order entered by Judge Mariani sometime last evening.  A copy of the TRO followed by Steve’s motion follow:

TRO January 4

Conklin December 30 Motion for TRO

It is important for our mission that our readers do their best to read and understand the actual court filings and court orders and opinion that are attached, as providing the true context for every point made herein, and as a check on the bias on this site.  Again, we think that the bias is supported by the facts, but respect the intellectual process of our readers to reach their own conclusions.

The “skepticism” expressed here is more ours than Conklin’s at this point because the delay in deciding this matter, and the entry of the Order on a temporary basis, despite the clear factual and legal claims that Conklin has placed before the Court – he did not have a hearing, and that is not in dispute – suggests some reluctance of Mariani to simply step in, be the Judge he was just appointed to be, and to eschew the influences of Judges like Judge Rambo, who had dumped the matter on Mariani after delivering another harsh parting shot apparently hoping to make quick work of Conklin, and the influences that banks and their lawyers have on the Courts.  Conklin still stands to have his property taken without due process of law, and it takes even less than the 9th grade education Steve told the Judge is all he has to understand that taking life, liberty, or property, without due process of law, violates the United States Constitution.  Accordingly, any Order of Judge Mariani short of finding his Constitutional rights being violated, and demanding that Conklin be given a hearing must be met with skepticism.

The reason for the skepticism, in addition to the Judge not acting on the several motions that Conklin filed and remain on his docket, and sitting and literally waiting until the very last minute – the stress Steve and his poor 84 year old father must have been incredible – is now his denial of Steve’s right to address the preliminary magistrate report that is before Mariani as well as the short-shrift to his motion for recusal and reassignment of this case outside of this judicial circuit.

Again as we brought to you in our December 6, 2011 Call To Action post, Steve filed a Motion for Recusal seeking the reassignment of this matter both away from this Judge, and outside this judicial circuit altogether because of the bias, prejudice, and abject abuse that he has suffered at the hands of the state and federal courts, both because he dared to expect that he would be permitted to exercise his rights in those courts, and because of his relationship with Don Bailey.  Conklin and Bailey have a long and loyal relationship with each other in dealing with the Courts, and it was Conklin’s case, where Steve raised concerns of Judge Conner’s racist tendencies, that has contributed significantly to everything reported here.  The motion for recusal and one line order follow:

Conklin Recusal Motion

Order Denying Recusal

The fact that there is a one-line Order from that multi-page detailed Motion is cause for skepticism itself.  Crony capitalists and corrupt courts work best when there is no transparency.  We do not suggest that Judge Mariani is dishonest.  We express skepticism, and note that Steve has treated Judge Mariani with the utmost respect and kindness, and , above all, hope. We hope that Judge Mariani takes this time to study all of the issues that Steve has put before him, and to do the people justice. Again, the proposed findings of fact and conclusions of law Steve placed before Mariani are as follows:

PROPOSED FINDINGS OF FACT

  1. Defendants EMC, et. al., by and through its attorneys, Defendants Grenen & Birsic, et. al., have filed actions, as Plaintiffs in the Defendant York County Court of Common Pleas, as docketed under 2006-SU-0433-Y06 and 2009-SU-5228-04, respectively.
  2. Plaintiff Stephen G. Conklin, as a defendant in those actions, answered the respective complaints lodged against him, and denied all of the material factual allegations against him, and demanded strict proof of the same.
  3. Plaintiff, Stephen G. Conklin has not defaulted on the Complaints filed against him.
  4. Plaintiff, Stephen G. Conklin has not admitted the allegations levied against him.
  5. Plaintiff, Stephen G. Conklin has never been provided an evidentiary hearing by the Defendant Court of Common Pleas of York County.

CONCLUSIONS OF LAW

  1. This Court has jurisdiction over this matter in accordance with Mitchum v. Foster, 407 U.S. 225 (1972) which holds that actions under 42 U.S.C. § 1983 are an exception to the Anti-Injunction Act.
  2. Plaintiff, as a defendant in actions seeking to separate him from his property, has an absolute right to a hearing under the Fourteenth Amendment, absent a default, or admission.
  3. Plaintiff’s Fourteenth Amendment right to Due Process of law has been denied.
  4. Plaintiff has established a reasonable probability of success on the merits and his right to relief is clear.
  5. Plaintiff will suffer immediate and irreparable harm if the injunction is not granted, and defendants will suffer no harm if it is denied.

On these simple facts, there would appear to be no reason for keeping this case in this perpetual state of urgency.  Judge Mariani has already had 30 days from the first TRO to address these issues, and the fact that Steve was forced to file another motion for TRO, and then to have to write the impassioned plea to Judge Mariani to act would also reasonably be cause for skepticism.

Regardless of our skepticism, we do want to send out our greatest appreciation on behalf of the PCRLN for all of your attention and your efforts.  As set forth in our January 3, 2012 Call For Action post, these public efforts are not only at the core of our constitutional rights, but they serve a very practical and useful purpose in proceedings of this nature, and we believe that it was these efforts, and the letter of Steve Conklin, together with his diligent legal efforts, that are to thank for Steve’s father to have a few more reasonably peaceful nights of sleep on Satori Farm – until the firestorm that Mariani threw a blanket over flares up again.

The best, and perhaps only, check on the abuse of government power is the power of the unified voice of the people, and we thank you for making all of our voices heard by Judge Mariani.

We will continue to meet, plan, and strategize as to how we can work together to save Satori Farm, and protect all of our Constitutional rights, and will continue to bring you updates, as well as focus on all the efforts underway on this site.

Thank you.

One thought on “Conklin breathes skeptical sigh of relief as Mariani puts off eviction catastrophe by granting TRO for two more weeks”

  1. Just maybe we have an honest judge (human being) that will certainly take a good look at what is happening to plaintiffs’ in the Middle District of PA. I hope and pray that he is honest enough to do what it right in this case, and many others in the Middle District of Pa. He was selected to serve the people and to give them their day in Court. Others simiilarly situated on that bench have been bought and sold and that is the way they run their courtrooms!

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