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Chadman v. Quisenberry

United States District Court, N.D. Texas, Fort Worth Division

August 2, 2019

MICHAEL CHARLES CHADMAN,
v.
GRAHAM QUISENBERRY, Judge, 413th District Court, Parker County, Texas, et al.

          OPINION and ORDER OF DISMISSAL UNDER 28 U.S.C. §§ 1915A & 1915(e)(2)(B)

          TERRY R. MEANS, UNITED STATES DISTRICT JUDGE

         This case is before the Court for review of pro-se inmate/plaintiff Michael Charles Chadman's pleading under the screening provisions of 28 U.S.C. §§ 1915A and 1915(e)(2)(B). After review and consideration of Chadman's claims, the Court finds and determines that all claims must be dismissed under authority of these provisions.

         I. BACKGROUND/LIVE PLEADING SUBJECT TO REVIEW

         In this suit, after filing an original complaint, Chadman repeatedly filed numerous partial or piece-meal amended or supplemental pleadings (labeled as “motions”, “correspondence”, or “supplements”), even after the Court issued orders requiring him to organize his claims into one pleading. (Pleadings (docs. 8, 9, 12, 17, 18, 20, 21, 22, 26, 27, 28, 30, 31, 32, 33, 35, 36, 42, 43, 47, 50, and 52); Orders (docs. 25 and 29).) Recently, the Court directed Chadman to re-file a form civil-rights complaint with attachments to incorporate all of his claims into one final second amended complaint. (Order for Plaintiff to File a Second Final Amended Complaint (doc. 58).) Chadman then filed a form civil-rights complaint with attachment pages, labeled as a second final amended complaint, and that document is the live pleading subject to review in this case.[1](Second Final Am. Compl. (doc. 61).) This pleading names as defendants attorneys James Wilson, Felipe Calzada, and Mike Berger; Parker County Sheriff Larry Fowler; Abigail Placke, district attorney, Parker County, Texas; NFN Griffin, assistant warden, LaSalle Corrections; Judy Herndon, foreperson, Parker County Grand Jury; and Graham Quisenberry, judge, 415th District Court, Parker County, Texas.[2] (Id. at 1-5.) Chadman begins his pleading with an acknowledgment that he was originally detained in January 2017 on a parole “blue warrant” and held in the Parker County Jail, but was subsequently arrested and then later charged with both possession of a controlled substance and tampering with physical evidence. (Id. at 8.) He recites his efforts, beginning in late June 2017, to challenge his continued detention and the alleged failure to timely indict him within 180 days. (Id. at 8-10.) Chadman recites several events in the weeks and months thereafter in which he sought to challenge what he believed to be his illegal detention. (Id.)

         Chadman next organizes his pleading into a “claims” section (stating five claims regarding particular actions of defendants), and a separate “complaint” section reciting more particular factual allegations as to named defendants. (Id. at 11-23.) In the “claims” section, Chadman recites five claims, each involving several allegations (republished without editing by the Court):

Claim 1 - Not Indicted in 180 Days
1. Parker County District Attorneys Office presented information and instructions to Parker County Grand Jury, knowing that 180 days had expired to bring indictment against me on 7/13/2017 . . . .
2. Judge Quisenberry denied my application for writ of habeas corpus, knowing he was violating my rights. He then conspired with the DA Placke, allowing her to make false statements in court, concerning the provisions provided in Article 32.01 [Texas Code of Criminal Procedure] . . . .
3. The Parker County Grand Jury, Judy Herndon, foreman, conspired with Parker County District Attorneys Office and Parker Co deputies to illegally indict me, knowing that 180 days had expired . . . .
4. Felipe Calzada lied to me and told me that you don't have to be indicted in 180 days in “Parker Co.” He then filed Motion for app. for writ of habeas corpus [sic], seeking release from custody and/or discharge of bail, “Parker County Rules, ” instead of release from custody and or discharge of bail, Art 32.01 . . . .
5. James Wilson lied to me and told me that you don't have to be indicted in 180 days in “Parker Co.” He also refused to file motion for app. for writ of hab. cor [sic] with appeals court for me. He told me Art 32.01 was outdated . . . .
6. Lasalle Corrections lied to me on several occasions telling he that “Parker Co” only has to offer a P.R. bond if you are not indicted in 180 days . . .
7. Larry Fowler Parker Co. Sheriffs Dept. presented information and instructions to Parker Co. Grand Jury, knowing that 180 days had expired . . . .
8. Mike Berger withdrew as appeal counsel-saying you don't have to be indicted in 180 days.
Claim 2 - Ineffective Counsel
1. Felipe Calzada lied to me on numerous occasions and did not provide adequate counsel. He also conspired to keep me illegally detained . . . .
2. Mr. Wilson lied to me and refused to file motions for me. He also conspired to have me found insane. He also would not object when DA Placke submitted my oral statements to the court, knowing that I had not been Mirandized . . . .
3. Mike Berger withdrew from appellate counsel, knowing that I had at least 6 valid grounds for appeal, thereby denying me effective counsel . . . .
4. Judge Quisenberry denied me effective, unbiased counsel when he denied me new lawyer, even knowing that I had filed civil action on Mr. Wilson . . . .
Claim 3 - No. Miranda 1. Officer Van Zant, Parker Co. Sheriffs Office arrested me 1/1/17, then illegally interrogated me for an hour, without being Mirandized in her police car. She then used illegal custodial interrogation statement to court to convict me . . . .
2. Mr. Wilson did not object to illegal seizure of statements made by me in court . . . .
3. DA Placke used police video in court against me, knowing that I had not been Mirandized, and video was illegal . . . .
4. Judge Quisenberry never made a ruling on my motions to suppress, knowing that prosecutions case was based on illegal interrogation . . . .
5. Mike Berger withdraw as counsel, knowing that no Miranda was valid for appeal . . . .
Claim 4 - Official Misconduct 1. DA Placke lied on numerous occasions to get a conviction - Art 2.01. It shall be primary duty of pros. Attorney, not to convict, but to see justice done. They shall not suppress facts - she did suppress provisions of Art. 32.01 repeatedly . . .
Claim 5 - Structural Errors 1. Judge Quisenberry A. Total deprivation of counsel at trial B. Bias of presiding judge, based on facts.
A. Judge Quisenberry placed Felipe Calzada under a conflict of interest, making him go by “Parker Co. Rules” when he applied for Motion for Writ of ...

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