United States District Court, N.D. Texas, Fort Worth Division
OPINION and ORDER OF DISMISSAL UNDER 28 U.S.C.
§§ 1915A & 1915(e)(2)(B)
R. MEANS, UNITED STATES DISTRICT JUDGE
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.
BACKGROUND/LIVE PLEADING SUBJECT TO REVIEW
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.(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. (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
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 ...