Writ Of Mandamus Against Marcia Waldron: Clerk Refused to Docket

Jacquelyn B. N'Jai
PO Box 10133
Pittsburgh, PA 15232



IN THE UNITED STATES SUPREME COURT

JACQUELYN B. NJAI, Petitioner, andMR. HOMER FLOYD, ET AL. (10-1061)MR. MANUEL ZUNIGA, JR. ET AL (10-1062) Case No.: MANDAMUS TO VOID THE UNSIGNED JUDGMENT AND OPINION OF MACIA WALDRON, THE THIRD CIRCUIT COURT CLERKSame Cases: DC: 07-1506; 3rd Cir. 08-2366, 10-1061, and 10-1062

PETITION FOR WRIT OF MANDAMUS AND/OR PROHIBITION AND/OR FOR A DECLARATORY RULING

AND NOW COMES, Petitioner, Jacquelyn B. N’Jai, pursuant to Rules 87, 94, and 97 to petition the Court for a Writ of Mandamus to order Marcia Waldron, Clerk of the Third Circuit Court and/or the Panel Committee, to submit an original Judgment and Opinion signed by a Judge, and give Appellant/Petitioner all information that was involved in the decision in this case (08-2366, This 08-2366 was divided into two cases on 2nd Appeal, # 10-1061-10-1062). The clerk acted as a Circuit Judge and Affirmed only the December 9, 2010 order of the Lower District Court and ignored other appealed orders dismissed during the pending of the December 9, 2010 final ruling to dismiss with prejudice. Third Circuit Court vacated and remanded this same (10-1061) case back to the District Court for the identical same abuse of discretion on 10/16/2009. Petitioner requests that the Court of Appeals be ordered to comply with Rule 74.01(a), 74.02, and Administrative Rule 4.09(6) which require that judgments and orders be in writing and signed by a judge. Petitioner petitions this court for a writ of prohibition prohibiting the court of appeals to delegate judicial powers to non-judges, such as clerks and research attorneys, and to prohibit them from signing orders of the court and exercising judicial authority. Petitioner petitions this court for a declaration declaring void the attached two orders, and all other similar orders that are not signed, and/or not signed by a judge, of the Court of Appeals for the Third Circuit joining cases 08-2366, 10-1061 and 10-1062, appealed from 07-1506. In support of this writ, Petitioner states as follows:

1. On April 1, 2008, Plaintiff-Appellant, N’Jai, filed 2 Motions via Electronic filing.
2. Clerks of PACER/ECF/COURT (Nora Barry Fischer) intercepted those motions, and dismissed prima facie claims based upon false information that Appellant did not meet the 4/3/08 deadline to file an Amended Complaint.
3. On 4/4/08, Nora Barry Fischer dismissed with prejudice all claims of the case.
4. Appellant/Petitioner filed a timely appeal on
5. On 10/16/2008, the Third Circuit Court reversed and vacated a 4/4/08 Judgment by the same Judge Nora Barry Fischer in this appeal.
6. From 11/2008-12/8/09, the lower court and some defendants obstructed justice and court documents to support another dismissal with prejudice.
7. Between 11/2008-12/08/09, Judge Nora Barry Fischer rendered many orders and judgments in case 07-1506.
8. Appellant/Petitioner was ordered not to file an appeal before 12/9/09.
9. Appellant/Petitioner filed motions to reserve right to appeal until final 12/9/09 order/judgment/opinion.
10. Lower Court Judge Nora Barry Fischer, denied the Appellant a right to file prior to 12/9/10 final judgment or to reserve rights on the grounds that she had a right to appeal as a matter of law the final decision 12/9/10.
11. 1/4/10, Appellant/Petitioner filed both an Appeal and a Mandamus. Case 10-1061 was the appeal number, and then it was split into 10-1061 and 10-1062.
12. On 4/4/10, the Mandamus (10-1061) was denied on the grounds that Appellant/Petitioner had a right to Appeal instead, and therefore not Petition was needed. There was no signature on the Opinion.
13. Newly discovered evidence of retaliation during and before the Appeal by Appellees happened 2004-2010.
14. From 1/4/10-7/8/10 the Appeal was pending.
15. From 4/12/10-5/26/10 Marcia Waldron the Court Clerk never posted the motion and damaging evidence against the Appellees until 5/26/10, and then 7/8/10.
16. 7/8/10 Marcia Waldron ordered that exculpatory and damaging documents and motion evidence against the Appellees that were granted.
17. 7/8/10 Marcia Waldron affirmed the lower Court dismissal with prejudice without a judge’s signature or authority to do so.
18. Appellant/Petitioner is filing this Writ of Mandamus to compel the Third Circuit Court of Appeal’s Clerk to stop acting as a Judge and for an audit of her cases for obstruction, abuse and fraud upon the court.

WHEREFORE, Petitioner requests that this court will:

1. Order the respondent(s) to comply with established Appellant and Federal procedures.
2. Order the Third Circuit Court to overturn a ruling that basis is dismissal with prejudice proof of retaliation for participation in protected activities as a defense or reason for dismissal with prejudice.
3. Order the Courts to allow redress and sanctions against the Appellees in a court of law for retaliation during the pending of the protected activities.
4. Order Marcia Waldron and any Clerk of court to serve as attorneys for the Appellees.
5. Order the Third Circuit Court and District Court to allow monetary damages for willful retaliation.
6. Prohibit non-judges from exercising judicial authority.
7. Prohibit clerks of court from obstructing justice, court documents, and issues of the Appellants to help buttress the Appellee’s position.
8. Declare void the attached “opinions,” “orders” and “judgments” of the Third Circuit Court of Appeals that were not signed or that were written by a court clerk.
9. In its administrative capacity, to audit the Third Circuit Court of Appeals, and Federal District Court for the Western District of PA to ensure that the Courts policies and procedures are in compliance with the law and the rules of the Courts.
10. To make any other order necessary to ensure the integrity of the judicial system and ensure the people’s (or taxpayer’s), right to due process of law as required by the US Constitution.
11. To declare the Appellant’s civil and Constitutional right to recover for stolen monetary property, monetary judgments she received from courts that were fraudulently voided by clerks and hand written by Judges who are friends with Appellees in her cases, or others.





Dated this 17th day of July, 2010


PO Box 10133Pittsburgh, PA 15232Jacquelyn B. N'Jai