Petition for Writ of Certiorari — Burdick v. Pritchett & Birch, PLLC

soreness

No.

09-825 OCT 28--29n9

INTHE OFFICE OF THE CLERK

Supreme Court of the United States

GEORGE E. BURDICK PETITIONER

VS

PTITCHETT & BURCH, PLLC.

LLOYD C. SMITH JR,,.

REGINA PARKER RESPONDENTS

SAMUEL GRIMES

CHRISTOPHER B. McLENDON

On Petition For Wnt Of Certiorari

To The United States Court Of Appeals.

For The Fourth Circuit

(Case NO. 09-1216)

PETITION FOR WRIT OF CERTIORARI

GEORGE E. BURDICK

WILDLIFE BIOLOGIST

100 Tupelo Trail

Tupelo Ranch

P.O. Box 130

Stokes, N.C. 27884

Telephone: 252-795-3604

I. QUESTIONS PRESENTED FOR REVIEW

Introductory Statement

1. This case has been continuing in the State Courts

while awaiting positive action by the Federal Judges in the

Federal District Court and Federal Fourth Circuit Court of

Appeals to grant relief. Justice has so far not been received

by Petitioner..

2. State District Court, Judge Michael A.

Paul in the North Carolina Second Judicial District

continued the pattern of ignoring truth.

2. Constitutional Rights of Petitioner George

E. Burdick mean nothing to these dictatorial State District

Judges. They have become emboldened by never being

held accountable for power abuse..

4. The North Carolina Attorney General Roy

Cooper came to their defense, without knowing any facts.

They are judges and it’s apparently better politics to defend

judges than abused fathers.

5. A precedent was cited that implied a judge who

commits a crime can not be sued by his victim.

6. Assumed just positions by Politicians, that

judges do no wrong, and even if they do, their victims have

no legal redress, has to be unconstitutional.

7. The Judgment establishing a fraudulent

Separation date was signed by Judge Michael A. Paul,

despite the fact his false assertions are impossible.

8. Judge Paul signed a Distribution of Assets

Judgment, that “hard evidence” proved, was over two

million dollars, in error, due to a bogus land appraisal

9. A Thrift Savings Plan was misrepresented

by Attorney Lloyd C. Smith Jr., in two of his “self-

generated “ exhibits, to have only Sixty six thousand, six

hundred and seven dollars and forty seven cents,

($66,597.47), in said account on a fraudulent “separation

date”, set by judge Paul,. of January 2, 2002, when it was

really August of 2005. The Court illegally awarded the

entire sum to Lawyer Lloyd C. Smith’s client, not ever

finding out how much is in said account, and giving

petitioner his half.

10. An official exhibit from a Thrift Savings

Plan in the case record, shows on January 1* 2008, a sum

of $185,632.92, but Lawyer Smith’s exhibits, only show

$86, 036.81 on the exact same date.. .

11. Again, Attorney Lloyd C. Smith Jr., in

Judge Michael A. Paul’s Court, had fraudulently proved the

impossible to be possible, with two sums $99,596.11 apart

in the account on the same date.

12. Petitioner is seeking a Federal jury trial to

prove all Respondents listed in this Petition For Writ Of

Certiorari , plus Judge Michael A. Paul, are guilty of

violating Petitioner’s First, Fourth, Fourteenth and Eighth

Amendments Rig/tts, in U.S. Constitution.

QUESTIONS PRESENTED FOR REVIEW

Question 1. May a State Court Judge violate an

American Citizen’s Rights listed in provisions within

the Amendments to our Constitution, and be mmune

from prosecution in State and/or Federal Courts

because he or she is a Judge?

Question 2, Do Lawyers and Judges have superior Civil

Rights to other citizens under previsions in our Federal

Constitution that allow them to commit or condone

crimes like, Fraud, Suberning Perjury, Child Abuse;

Power Abuse, Extortion, Conspiracy To Commit

Fraud, and not be held accountable? Can Federal

Constitutional and Federal Civil Rights provisions that

are supposed to extend to each American citizen’s

“equal protection under the Law” simply be ignored?

Question 3. To correct violations of Federal Law by a

State Court, May a Federal Judge assume jurisdiction

under Article 6, of the Federal Constitution, which

states that our Federal Constitution is the “Supreme

Law of the Land”?

Question 4, May a citizen, who has had his or her

Constitutional Rights and Civil Rights violated, im A

State Family Court proceeding, suc that Lawyer and/or

Judge responsible for damages in a Federal Court jary

trial, in pursuit of justice?

ee ofr Men Ree ots coer ee oe.

Question 5, Do an American citizen’s Constitutional

Rights end, when he or she walks into a family court

and confronts an unjust judge?

Question 6, May a State District Court Judge who

commits a felony crime while conducting a Court

proceeding, that deprives a party in that case, of his or

her Federal Constitutional or Civil Rights, be held

accountable and prosecuted for his crime im a Federal

Court?

Question 7, Does a State Judge posses unlimited power

to punish a good parent, who has done no wrong, and

arbitrarily, not based on truth or evidence, remove that

good parent’s children from his custody forever?

Doesn’t Federal Law, prevent such abuse of power and

child abuse?

Onestion 8, May any decision in 2 State Court, or even

a Federal Court, set a precedeat which overrules,

negates, or trumps the clear language in the

Amendments to our U. S. Constitution?

Ouestion 9, May a judge ignore Fourth Amendment

Rights of either parent in a marriage, and arbitrarily

take most of one spouse’s property, and assign it to the

other, imstead of an equal division of marital assets

between spouses?

. a eens

Vv

I. THE PARTIES

Petitioner George E. Burdick is the Father

of five children Nyssa Burdick, (15), George C.

Bardick, (13), Odessa Burdick, (11), Jenni Lee

Burdick, (8), and Edithann Burdick, (8),. Jenni

Lee and Edithanus are twims. George E. Burdick is

an adult citizen and resident of Martin County

North Carolina, on the family ranch.

Respondent Law Firm Pritchard and

Barch PLLC is a Law Firm located im

Windsor, Bertie County. North Carolina.

Lleyd C. Smith jr., is an Attorncy whe works for

the above Law Firm, and also lives im Bertie

County, North Carolina. Michael A. Paul, Regina

Parker, Samuel Grimes and Christopher B.

McLendon are all District State Judges of the

Second Judicial District, which inclades Beaufort

and other nearby counties in Eastern North

Carolina, including Martin County, home of

Petitioner.

iii CORPORATE DISCLOSURE STATEMENT

Petitioner is acting as an individual, and to the

best of his knowledge and belief, has no legal Corporate

ownership, connections, or interests to disclose.

TABLE OF CONTENTS

Page

I. QUESTIONS PRESENTED FOR

REVIEW, Introductory Statement******** j & ii

I QUESTIONS PRESENTED FOR

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V. CONSTITUTIONAL AND

STATUTORY PROVISIONS INVOLVED* 2-3

VI. STATEMENT OF THE CASE******** 4

VIL STATEMENT OF FACTS********** 9

Vill. REASONS FOR GRANTING THE

PETITION FOR WRIT OF CERTIORARI® 10-25

IX. CONCLUSION ®# #***#######884 4048 26

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fil. OPINIONS BELOW

NORTH CAROLINA FEDERAL DISTRICT COURT

granted Order and Judgment to dismiss Complaint in Case

NO. 4:08-CV53 on November 17, 2008.

NORTH CAROLINA FEDERAL DISTRICT COURT

denied Motion To Reconsider The Order in CASE NO.

4:08-CV53 on January 22, 2009.

UNITED STATES FOURTH CIRCUIT COURT OF

APPEALS in CASE NO:09-1216 had Appeal denied in

an opinion dated June 5, 2009..

UNITED STATES FOURTH CIRCUIT COURT OF

APPEALS in CASE NO:09-1216 Motion to have CASE

NO. 09-1216 heard EN BANC by U.S. Fourth Circuit

Court of Appeals was denied on July 31, 2009

IV. JURISDICTION

Jurisdiction is in the Federal Courts when Federal

Constitutional or Civil Rights are ignored by State Courts.

Petitioner, is a victim of fraud by North Carolina District

Court Judges for over four years. Fraud is not condoned

under State or Federal Law, and is cause for overturning

Orders and Judgments, when Judges are guilty of fraud.

North Carolina State Courts have failed to address

the obvious fraud committed by four State District Court

Judges, and the North Carolina Attorney General, ignored

facts, and rushed to defend State Judges, claiming a judge

can not be sued when he or she “commits a crime”. That

absurd position by Top official in a Department of Justice

makes it plain, justice will only be found by this State’s

resident American citizen under Federal jurisdiction.

Petitioner filed a complaint in Federal Court, citing

violations of Federal Constitutional and Civil Rights and

requesting a jury trial in Federal Court. Petitioner has been

cheated out of rightful parental custody of his five children,

and Jost millions of dollars in land and assets, due to fraud

by a dishonest lawyer in collusion with four unfit judges.

Federal jurisdiction is a clear mandate to obtain any justice!

gq

IV CONCTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED

The Constitution of the United States.

U. S. Constitution, Article 6,2™ and 3™ paragraphs.

The Constitution and the laws of the United

States which shall be made pursuance thereof, and al!

treaties made, or which shall be made, under the authority

of the United States, shall be the sapreme law of the

land; and the judges im every state shall be bound

thereby, anything in the Constitution or laws of any State

to the contrary, notwithstanding.

The Senators and Representatives before mentioned

and the members of the several State Legislatures, and all

members and judicial officers, both of the United States,

and of the several States, shall be bound by oath or

affirmation to support this Constitution; but no religious

test shall ever be required as a qualification to any office or

Public Trust under the United States.

U.S. Constitution, Amendment I,

Congress shall make no law respecting

An establishment of religion, or prohibiting the

free exercise thereof; or abridging the freedom

of speech or of the press, or of the right of the

People to assemble, and to petition the government

for redress of grievances.

, aw a.“é

U.S. Constitution, Amendment IV,

The right of the people to be secure im

their persons, houses, papers, and effects against

unreasonable searches and seizures, shall not be

violated; and no warrantSs shall issue but upon probable

cause, supported by oath or affirmation, and particularly

describing the place to be searched, and the persons or

things to be seized...

U. S. Constitution Amendment V.

No persona shall be held to answer for a capital or

otherwise infamous crime, unless on a presentment or

indictment of a grand jury, except in cases arising in the

land or naval forces, or in the militia, when in actual

service, in time of war and public danger, nor shall any

person be subject for the same offence to be twice put in

jeopardy of life or limb,, nor shall be compelled in any

criminal case to be witness against himsclf; nor to be

deprived of life, liberty, or preperty, without due

process of law; nor shall private property be taken for

public use without just compensation.

U.S. Constitution, Amendment VIII,

Excessive bail shall not be required, nor

Excessive fines imposed, nor cruel and unusual

Punishment inflicted.

U.S. Constitution, Amendment XTV, section I:

All Persons born or naturalized in the United

States, and subject to the jurisdiction thereof, are

Citizens and of the State wherein they reside. No

State shali make or enforce any law which abridge

The privileges or immunities of citizens of the United

States, nor shall any State deprive any person of life,

Liberty, or property without due process of law, nor

Deny to any person within jurisdiction the equal

Protection of the laws.

VL. STATEMENT OF THE CASE

Petitioner’s Constitutional and Civil Rights

have been violated by all Five Respondent’s listed in

Petitioner’s original Complaint to the North Carolina

Eastern District Court and request for a jury trial in Federal

Court.

Three of Respondents are District State

Judges who violated Petitioner’s rights under the First,

Fourth, Eighth and Fourteenth Amendments to our Federal

Constitution.

Petitioner intended to prove his case by

questioning all five Respondent’s in front of a Federal jury,

because no justice whatsoever has been received by

Petitioner for over four years, when all five of his children

were first stolen from Petitioner because of the unjust

rulings of Respondent | adges in family court proceedings

manipulated by the Respondent Lawyer Lloyd C. Smith Jr.

and his Respondent Law Firm Pritchett & Burch, PLLC.

Roy Cooper, North Carolina’s current Attorney

General. without having any relevant facts or knowledge of

the case, decided to represent three Respondents Regina

Parker, Samuc! Grimes, and Christopher B. McLendon,

since they are judges..

The other two Respondents, Lawyer Lloyd C. Smith

Jr. and his Law Firm Pritchett & Burch, PLLC. are

represented separately by Attorney Ronald Baker and his

Law Firm in Ahoskie, North Carolina..

- on - a &. 74 # a. * +h > - ? ». .*s hol / a . ; as ~ on

Petitioner has had no legal representation in this

case as Lawyer Steven Rader, who started out representing

Petitioner in State District Court, moved to Europe before

Petitioner filed his Federal Case.

Petitioner’s Attorncy Steve Rader was being

ignored by the local Respondent State District Judges, who

always allowed Respondent Attorney Lloyd C. Smith Jr., to

write their Orders and Judgments. Respondent Attorney

Lloyd C. Smith Jr. inserted into said Orders and Judgments

fraudulent statements and assertions designed to punish

Petitioner, a good father, take his five children he was

caretaker of since their births, and steal most of his assets.

It would take too much space for

Petitioner to list all the Fraud and wrongdoing here and still

abide by the Rules, but Petitioner believes Article 6, in the

Federal Constitution stating that the Constitution is the

“Supreme Law of the Land” and that no State may take

action to deny any citizen his Federal Constitutional Rights

is the issuc here.

That is why jurisdiction properly belongs in the

Federal Courts and that is why a jury trial is needed to

expose the corruption in the North Carolina Judicial System

which allows Respondent Lower District Court Judges to

rule like Dictators, apparently accountable to nobody.

These Respondent judges in collusion

with Respondent Lawyer Lloyd C. Smith Jr., and his

Respondent Law Firm Pritchett & Burch, PLLC. literally

make their own laws, and make horrendous and criminal

decisions, while operating in a corrupt judicial system,

which takes the position that they can do no wrong, their

unbridled power can not be questioned, and when they

commit a crime, an ordinary citizen may not sue them for

damages in Federal Court.. Petitioner does not believe the

founding fathers intended for Judges, who must first be

lawyers, have Constitutional Rights the rest of American

citizens do not have. That is why Petitioner made a

complaint in Federal District Court and sought a jury trail

to receive justice that has been denied to Petitioner in State

Courts. Even in the Federal Courts, the Federal Judges have

failed to comprehend that the State Family Courts need to

be reformed because they are violating on a regular basis

our Constitutional Rights.

Rights of good parents are ignored causing

unnecessary trauma and abuse to many thousands of

parents and children because of the dictatorial power State

Family Court judges assume, while committing crimes

from which they, according to the stated opinion of the

North Carolina Attorney General, are immune from having

the same decent laws that apply to the rest of us apply to

them.

Petitioner can prove that in front of a

Federal jury by questioning the Respondents and proving

that all Respondents are guilty of, and/or ignore, in their

words and actions, conspiracy to commit criminal fraud,

suboming perjury, writing and signing totally untrue and

fraudulent Orders, and Judgments devoid of the truth.

The Respondents are also guilty of power

abuse, parental abuse, and child abuse, which other judges

on higher Courts, the State Bar, the State Judicial Review

Commission, and even the State Department of Justice,

have chosen to ignore. Petitioner’s truthful reporting of

facts. Petitioner has written and filed dozens of motions

and complaints, consisting of well over a thousand pages

during the past four years, while seeking justice. No State

or Federal appellate judge has ever uttered one word to

Petitioner in person, or allowed him oral arguments or

allowed him his “day in Federal Court” to question

Petitioner’s accusers and prove all Respondents are guilty

of fraud as well as other unlawful wrongdoing.

Petitioner has never received one specific

reason. Stating anything wrong with Petitioner’s arguments,

or logic, or honesty. Other judges in State and Federal

higher Courts simply “rubberstamp” the unjust actions of

Respondent unfit judges, who have been manipulated by

unfit lawyers.

Those who are supposed to correct mistakes of

lower State and Federal Courts seem all too prone to aliow

this tortured parent to be destroyed by the unjust hurtful

and shameful acts at the hands of bad lawyers and judges.

Petitioner has had no real access to a Federal Judge and/or

jury to hear Petitioner’s Cry for justice.

Petitioner is not alone in suffering at the hands of

incompetent judges and moncy grabbing lawyers in family

Courts. The situation is so bad in North Carolina that even

a District Judge is seeking reform of the miscarriage of

justice so evident in family courts all over our State and

Nation.

Distnct Court Judge Bill Belk of

Charlotte, has documented numerous cases similar to

Petitioner’s where justice was denied. “Court Watch” is an

offshoot of this problem, and that’s why the United States

Supreme Court should step in and use Petitioner’s case as

a springboard, to give some much needed reaffirmation of

every American Citizen’s parental rights protected by the

Federal Constitution and Civil Rights Laws. Without firm

does not believe the corrupt Family Court judges and

immoral lawyers who manipulate them, will clean up their

act..

Our entire National society, the institution of

family, are at risk, while family court judges continue to

innocent children. Many family courts only make family

problems worse. Incompetent and uncaring judges have too

much power to do too much harm, and are subject to

virtually no accountability.

9

Vil. STATEMENT OF FACTS

All four of the Second Judicial District Judges have

committed fraud in every one of the Orders and Judgments they

signed against the Petitioner, during the past four and a half years.

Petitioner submitted hard evidence of Fraudulent Orders and

Judgments signed by all four of these Judges, Regina Parker, Samuel

Grimes, Christopher McLendon and Michael A. Paul. .

Petitioner has told the truth, and written the truth, but the N.

C. Judicial Review Commission, the N.C. State Bar, the N. C.

Attorney General’s office, State and Federal Appeal Courts Judges,

have ignored perjury, child abuse, fraud and other criminal acts.

The Hard Evidence and overwhelming compelling proof

submitted during the past four and a half years, vividly shows the

numerous times, Lawyer Smith and all four State District Judges

Regina Parker, Samuel Grimes, Christopher McLendon and Michael

A, Paul, have been guilty of criminal fraud.

The judgment awarding custody is Judge Grimes and

Lawyer Smith’s way of violating my Eight Amendment Rights,

against cruci and unusual punishment, 23 well as to deny me my

rightfal custody, and love of my children, because I have no

imtention of submitting to their unconstitutional and fraudulently

contrived unlswful demands not based on any trath or evidence,

buat rather their sadistic desire to humiliate me im front of my

children, and divert attention away from the job related mental

stress on Petitioner’s wife, that probably accounted for her

abnormal behavior im the first place. .

Defendants want to destroy this alert and unhowed father,

who refuses to recognize their power abusing scheme, to establish

a false court record that portrays Petitioner as someone he has

never been. It’s all part of their ongoing conspiracy to commit

fraud upon the court, which is justification under both State and

Federal Law, to “void” and “overturn” every Order and

Judgment ever signed by these four North Carolina State District

Judges, Regia Parker, Samuel Grimes, Christopher McLeadom

and Michael Paul

was based on fraud and should therefore be overturned by the

United States Supreme Court, in the long overdue granting of

jastice!

VIL REASONS FOR GRANTING THE WRIT

Humanitarian treatment should be availabic to all

family members, and it should net be within the power of a

local District State Judge to negate, or destroy a loving

relationship between a parent and his five children forever,

by an evil dictatorial judgment, that is replete with perjury,

fraud, extortion, and unconstitutional treatment of

Petitioner, a great parent, who has done no wrong, except

to resist the unlawfel taking, of his five children and most

of his land.

Petitioner was the primary excellent caretaker of

his five children and hugged them on a daily basis as a

“stay at home Dad” for ever ten years, while his spouse

performed her job duties in a position that required her to

be away from home traveling to distant meat processing

facilities as a Veterimary Medical Officer Circuit

Superviser with FSIS-USDA.

Petitioner sacrificed his own business and career

activities, while assisting his younger wife through cight

years of coliege, and supporting her im every way im her

career to be all she could be, as a Veterinarian with the

Federal Government.

The Burdick’s were a team, but Petitioner always put

his wife’s career aspirations first. and still added to his land

holdings. He had enjoyed success as 2 Wildlife Biologist,

Professor of Natural Resources, and rancher, with quality

horses and cattle.

11

Petitioner had already, aubore Re net iis wits, been a

distinguished military graduate, am Air Force Officer, ”

Chairman of a Department of Natural Resources

Department, and a distinguished and recognized wetiands

ecologist, who spent much of his wildlife career actively

engaged im conservation work that included testifying

before committees in beth the U.S. House of

Representatives and U.S. Senate on issues of National

significance related to wetlands preservation. The Tupelo

Ranch he owns includes a Tupelo Cypress Swamp that

would have been destroyed except for his efforts.

However, the focus should net at this stage be only on

the petitioner, or even his family. The focus should be on

the corruption Petitioner, and others, have confronted, and

are still confronting in the North Carolina Judicial System.

Petitioner and his children, like thousands of other good

citizens are being robbed, traumatized, and subjected to

what could accurately be described as “torture” by inept

and apparently uncaring local State judges who allow

themselves to be manipulated by dishonest Lawyers.

These moncy secking lawyers attempt to destroy good

parents, and thereby abuse their children, in unnecessary

family court suborning of perjury, fraud, extortion, and

other crimes to extract thousand of doliars in legal fees

from their victims, who have done no wrong. Petitioner

and his family, especially his five children, have been

victims of this shameful display of family court arrogance

and abuse of power by unfit judges, being manipulated by

greedy lawyers.

That’s why Petitioner sought justice im a Federal jury

local biased and dictatorial judges under the influence of

corrupt and dishonest lawyers and lew firms, obviously

interested in makimg meoncy rather than practicing a

legitimate legal profession of law.

Petitioner has found no objective justice m the

State or Federal Courts so far, possibly because of the

fraudulent case record that has fraudulent Orders,

Findings of Facts that are not facts, and judgments based

on fraud, signed by previous unfit judges. Why should thcy

believe Petitioner even though Petitioner is telling the

trath? There appears to be a canon that Judges never

speak against or criticize other judges,

even those judges guilty of power abuse, parental abuse,

child abase, and fraud.

That seems to be changing now that untold

thousands of mistreated parents are telling their stories to

organizations like Court Watch located in Mecklinberg

County, North Carolina. These victims of family court

abuse are apparently intent on carryimg their crusade

Nationwide, to “clean up” and/or abolish the abusive and

corrupt family court system im North Carolina and

elsewhere.

President of Court Watch, Natalia Bingham fought in

the courts for nine years before recently gaming a

favorable ruling which shewed the other side had violated

her fourteenth amendment rights. Petitioner has recently

learned about and talked to this President /CEO of Court

Watch, om the phone and learned I’m not alone in being

abused by mency seeking family court lawyers and abusive

family court judges.

13

The most vocal and visible, critic of North

Carolina Family Court judges im North Carolina and

elsewhere, is none other than a District Judge himself, the

Honorable District Judge Bill Belk of Charlotte, who teils

even on National television of his sevem year cncounter im a

family court, which cost 2 million dollars and was rift with

injustice.

District Judge Belk preduced a video of three families

where parents were horribly treated by “crooked” lawyers

and “dishonest judges’ who stole their children for no just

reason because of the influence of expensive family court

lawyers who become adept at destroyimg a good parent and

stealimg everything ke or she owns if the lawyer is paid

enough money to do so.

The Honorable Judge Bill Belk does not hesitate to

assert that certain family court lawyers are “crooked” and

only imterested im the moncy. Lawyers and Judges

courageous judge Bill Belk has his critics too, especially a

Chief District Judge, ke is reputed to have referred to as a

“political hack”. Judge Bill Belk is even supposed to have

been critical of the current Chief Justice Sarah Parker of

North Carolina.

Lawyer Lloyd C. Smith Jr. named as respondent, scems

to have unduc and unfair influcace over the judges he knew

30 well. He felt free im the first Court under Respondent

Judge Regima Parker to rant around in her Court and

criticize Petitioner because my friend was the sitting Chicf

Justice of the State of North Carolina at that time in

September 2005. Chief Justice 1. Beverly Lake jr. had

known Petitioner and beca my friend as well as a friend of

my wife.

We once went on 2 commercial Shrim, oat overnight

im the Atlantic Ocean that had the same mame as my wife

bat spelled with 2 C imstead of a K called the Mary

Catherme. My older brother Robert and his wife Barbara

also were on this adventure. Petitioner made arrangements

to rent this commercial shrimp vessel for a day and night so

we could all act as crew and experience what shrimp

fishermen do during their daily lives as commercial

fishermen. The Captain and a couple of his crew did

accompany our group of four including L. Beverly Lake Jr.

who was not a Chief Justice at the time. It was during the

early eighties and there were no Burdick children.

ABE of our wives went with us and we helped the

skeleton crew work the nets and bring in hauls of shrimp

and fish during the night. We paid a set fee at the time and

were therefore entitled to keep the entire catch of shrimp

and fish te fill our own freezers and enjoy for many

months. It was the type of experience you might try once in

a lifetime and then cherish the memories.

We started from the Shrimp beats port of Morehead

City, Nerth Carolima and fished all night im the Atiantic

ocean before returning to home port the ncxt day with

several thousand pounds of fish and several hundred

pounds of shrimp which we had been gathering from the

deck as the large nets came up from the Ocean floor loaded

with shrimp and fish which all of us sorted, while throwing

back andersired flounder and marveling at the lifestyle of

working on a shrimp boat, and living off the bounty of

nature.

15

After we divided up our large catch of shrimp in

contaimers to take home along with all the fish we wanted,

there were still over a ton of fish, which we gave to various

charities the Captain contacted who came down to the dock

and coliccted enough fish to fecd hundreds of people for

free. Petitioner still has a tee shirt with an outline of the

shrimp boat we were on and the name Mary Catherine in

white letters on a black background.

Petitioner’s wife’s name is Mary Katherine. who

enjoyed her ocean outing immensely, since she was raised

im the desert state of Arizona with no ocean. My brother’s

wife Barbara, for most of the trip, was extremely scasick

and stayed below deck most of the time, wondering how

anybody could live like sailors who have to endure

seasickness.

Another quality time I spent with my friend I. Beverly

Lake Jr. who enjoyed outdoor activities took place in the

early fall of 1980 when Bev Lake ran for Governor of

North Carolina as the Republican standard bearer against

Jim Hunt, who attended Nerth Carolima State University at

the same time I was an Air Force ROTC cadet and

Commander of the Crack Air Force Drill team my Junior

year and next Deputy Wieg Commander of the Air Force

Wing.

I alse acted as Commander of Troops when we would

pass im review since the Cadet Colonel was not as adept on

the parade ground, though he was a brilliant academic

student majoring im Acrosautical Emgincering, while I

majored in Wildlife Conservation and Management. The

top Cadet on campus gave that duty to me, his Lieutenant

Colonel Deputy.

16

The reason I’m mentioning the above life experiences is

that it sort of ties in with another of my outdoor adventurcs

with L. Beverly Lake Jr., we enjoyed on a Black Bear

hunting outing im the State of Maine. Also, in relating some

of my life experiences the honorable justices of the United

States Supreme Court might better understand who I really

am better than any of the lower court State District judges

who have viciously attacked me and attempted to paint me

as someone I am not for no valid reason whatsoever.

I, Petitioner, made many friends while working as a

Wildlife Biologist for the North Carolina Wildlife

Resources Commission, and during my State employment

spending time im all one hundred counties. One of my close

friends then, and now, is Jimmy Flowers whe was once

referred to in an article in Field and Stream magazine as

the “King of the Bear Hunters” of the Southcastern United

States, because he had bees responsible for bagging

hundreds of bears during 2 period when many Eastern

North Carolina counties designated Biack Bears as

“varmints” that could be taken at any time of the years by

any mcans.

I helped abolish the varmint lew on Black Bears, bat it

was while another Game Biologist and I teamed up to

accomplish a statewide Black Bear survey, that I really got

to know Jimmy Flewers, whose brother Percy Flowers also

was referred to im various circies as the “top booticgger” in

the Southeastern United States at that time during our

State’s history. I got to know Jimmy well and went on

Bobcat hunts with him im castern counties as well as Black

Bear hunts that were always cnjoyable because Jimmy

Flowers is a colorful character, with a vast knowledge of

wild animals, especially Black Bears.

He had a hunting ledge and several thousand acres of

land he could hunt bears in the State of Maine. So I

imtroduced L. Beverty Lake Jr. to him and Jimmy invited

the two of us to hunt Biack Bears with him and a few of his

many friends in Maine. Bev Lake and I rode im his car up

to Maine to spend a few days with Jimmy in his lodge

during carty fall of 1980.

We were im a river bottom im Maine on the cdge of a

huge corn field that looked to be several hundred acres in

size and Jimmy Flowers was casually holding his rifle

pointed to the ground resting in his right arm, while

listening to his bear dogs im the distance. A monster of a

bear seddenly came crashing out of the corn ficld straight

at Jimmy, the King of Southeastern Bear hunters. This

huge strong man instinctively kecw he was being run over

by 2 bear and he only had time to raise his rifle in his right

hand and pull the trigger as the massive bear fell on him

chewing at his shoulder as she died. I was not sure if the

bear attacked Jimmy, or simply ran over him. Jimmy was

“paler than usual” for the nest couple of days from this

close encounter of a bear that weighed over 350 pounds.

I had heard hundreds of hunting and fishing tales from

sportsmen over the years, but nobody could top Jimmy

when he described some of his up close meetings with Black

Bears. The ome where he shot a yearling bear of about a

handred poands and then shot another about the same size,

before the mama bear much bigger than her large ycarting

offspring, charged him as ke was backing up and falling

over a log backwards. Jimmy fired the lust bulict in his gun

at the big bear before falling flat on his back on one side of

the downed tree, while the big bear took her last gasps for

life just inches from his feet still hamgimg on her side of the

log he had backed ever. He had killed three bears im about

that many seconds and lay on his back with an empty gun.

According to Jummy whe would spin the yarn of his

encounter of the Maine Black Bear that was on top of him

chewing at the shoulder of his hunting coat when it died:

“Thar’s as close as I ever come te being et up by a2 barr”!

The Black Bear that had almost exten up our

rustic host im the wilds of Mainc, was skimued and Jimmy

gave me about fifty pounds of the meat .My wife and her

sister Edith devoured most of our bear meat with relish,

over several wecks as if it was the best meat they had ever

eaten.

The bear skin, complete with bead was given to

Beverly Lake Jr. who Jimmy Flowers took quite a

liking to after spending days and nights spinning yarus in

the lodge while eating chunks of bear meat that were

always hot im the crock pot twenty fours a day in the

hunting ledge. I remember how Jimmy made his campaign

contribation to Bev as we were leaving Maine, “here

Geverner, you take this and make a bear rug and pat it on

the floor of the Governor’s mansion when you get clected”.

Democrat Jim Hunt won the ciection in 1980, bat ister in

another Statewide election, L Beverty Lake Jr. was the first

Republican im our State’s history te ever be elected Chicf

Justice of The North Carolina State Sapreme Coart, and

he’d probably still be there as he was im 2004, during my

encounter in Judge Regima Parker’s Court, except that the

Democrat controlled General Assembly, passed a Statute

requiring the Chief Justice of the State Supreme Coart to

retire at age seventy two. I once asked Bev, why he didn’t

fight the absurd law as “clearty being age discrimination”?

He smiled and said, “I'm about ready to try something cise

amyway”.

I didn’t knew when I walked into the Martin County

Courthouse to plead my custedy rights in front of Judge

Grimes as the Arizona Judge had ordered, I would instead

confront Judge Regima Parker, a Black female judge with a

reputation among law enforcement officers as well as other

county officials as being a female “Jessie Jackson” who was

“biased against white men”. If I had known that at the

time, as well as known what type of dictatorial judges all

the four judges im the Second Judicial District of North

Carolina are, I’d have insisted on jurisdiction being in

Arizona, or anyplace, rather than the Second Judicial

District of North Carolina.

My Attoracy Steve Rader was a Repablican who had

once run for the State Scuate and that’s how my wife and |

first met him, while visiting the Phosphate miming facility in

Beaufort County, when Steve walked up, handed us his

card and started talking politics. I could tell he was

smarter than most people in cliective office, or for that

matter most lawyers I'd ever met, other than Bev Lake. |

dida’t knew then what I know now, that the four judges in

the Second Judicial District didn’t consider him part of

their fraternity like they did “Attorncy Licyd C. Smith Jr.,

who always wrote their Orders and Judgments for them,

because as far as I’ve been abiec to learn, they almost always

ruled im his favor.

I don’t knew yet whether Regina Parker was purposcly

scheduled to be the presiding judge by some chicancry, on

the part of Lawyer Smith with Chief Judge Grime’s

approval or mot, bat I learned that it’s sort of haphazard

who the judge is on any case like mince, which has been

heard ever four years by all fear judges imstead of the same

judge sticking with the same cases he or she already kaows

a little about.

Respendent Lawyer Smith is always there to bring the

judges up to date with the false case history he actually

wrote for any pervious judges, and that’s the problem.

Respondent Lawyer Smith knows these judges, talks to

them frequently, has access to them by telephene, 22d

discusses cases, im and out of court. This uncthical

Respondent Lawyer Smith especially obviously influenced

the judges concerning my case outside of court

proceedings, and even manipulated decisions of the judges,

who had to be aware it was not proper, in and out of court.

Petitioner’s lawyer Steve Rader was pretty much

ignored by the judges, and hadn’t handied nearly as many

cases like mine, as had Respondent Lawyer Smith, who has

a reputation, I learned too late, of being the “best lawyer in

Eastern North Carolina to destroy 2 client’s spousc, turn

him imto a “monster” by making false allegations against

him. Respondent Lawyer Smith could get his judge friends

to order fall custody of any children to his client, and steal

everything his client’s spouse owned by having the court

illegally award all or most of it to his client. This

Respondent Lawyer Smith did not hesitate to utter false

charges in court, and in every document he prepared for

the Respondent judges to sign against Petitioner. Pastor

Ellis, a longtime friend of the Petitioner, who knows the

Burdick family well, concluded about Respondent Lawyer

Lieyd C. Smith Jr.. “He has no conscience”. Petitioner

certainly agrees with that assessment from his Pastor

friend.

21

That’s essentially how a woman described Lawyer

Smith when she told me he represented her for twenty

thousand dollars to destroy her former husband. When she

learned he was representing the other side in my case, she

indicated she didn’t think there was any way anybody

could win in this area of the state if Lawyer Smith was

representing the other side. Though she bragged about

how he had won for her, she assured me he would do

anything to punish me and ruin my repatation, no matter

about the truth, if his client paid him erxough moncy, and

he’d even get the judges to make the other side pay his legal

fees instead of his client. This woman, who confided in me

information about lawyer Smith, had married three times

and her current husband had been married four times with

her being his latest wife. I had contracted with her

husbard te do work for me, and that’s how we came to

discess why she knew Respondent Lawyer Smith so weil

Lawyer Smith, had “plotted” with her, durmg her unduly

successful court action, against one of her previous

husband

I learned to my horror that my expecting objective

treatment in front of any judges being manipulated by

Lawyer Smith was not going to happen. Lawyer Liocyd C.

Smith Jr. would write their Orders and Judgments and the

Judges Parker, Grimes, McLendon and Paul would sign

them as if Respondent judges had actually written the

distorted Orders and Judgments themselves. Respondent

Judges signed documents prepared for them by

Respondent Lawyer Smith, even though said documents

were filled with fraudulent ustrue assertions. A court case

file would be established over time that would literally

destroy Petitioner’s reputation and credibility, so that

anyone, who didn’t know Petitioner, who read the warped

court record later, completely falsified by Lawyer Smith,

would believe the fraud, especially since a Judge’s

signature confirmed the “Findings of Facts’ to be accurate,

even though such so called “Facts” were not “Facts” at all.

22

The counterfeit court record about my case is 2

complete hoax, and every Order and Judgment im it a

fabrication of invented false assertions designed to punish,

insult and malign a good parent and citizen who has done

no wrong, despite the slander in court documents signed by ©

Respondent judges. It’s a classic example of what

“miscarriage of justice” means.

Lawyer Smith was “quick out of the gate” in the first

temporary custody Trial ander Judge Parker, with his

criticism of me for having a friend like Chief Justice L

Beverly Lake Jr. , whose Dad was a

“sseeceeggpggerrireecegaaaationissst”. Yes he insulted the

late father of I. Beverly Lake Jr. who had alse served as

Chief Justice of the North Carolina State Supreme Court as

a registered Democrat. Chief Justice I. Beverly Lake Sr.

authored law books being used at Wake Forest University.

and had ran for Governor twice. The Lake family m North

Carolina is well known, and much beloved by State

residents who respected both I. Beverly Lake Sr. and I.

Beverly Lake Jr. as great Statesmen, as well as great Chicf

Justices of the N. C. State Supreme Court

Why then did Lawyer Smith attack me by attacking my

friends in a family court hearing over custody?

Respondent Lawyer Smith did tt because he knew

Respondent Judge Regina Parker was biased, and he

played the “race card” to incite her bias. The honorable

Judge Regina Parker confirmed her bias, by never

reprimanding Lawyer Smith for his insults directed at the

sittimg Chief Justice of the North Carolina State Supreme

Court at the time Lawyer Smith was ranting against Chief

Justice Lake Jr. and and his deceased Dad, Chief Justice

Lake Sr. in biased Respondent Judge Regma Parker’s

Court. Respondent Lawyer Smith even ranted against a

“German Socialist Party” which I know nothing about and

am certainly pot a member, im Regina Parker’s “custody

hearing” court.

23

The two Lake family Chicf Justices were not present

and the issue was a family court hearing, not a place to

debate my not bemg a good parent because two

distinguished Chief Justices were my close friends.

Anyone who doubts ny description of what went on during

this family court hearing, can simply listen to the tapes of

court proceedimgs or read the transcriptions of said tapes.

Respondent Lawyer Smith was reciting unrelated

propaganda during what was supposed to be an objective

custody hearing. é

The double standard here is so evident when District

Court Judge Bill Belk was subjected to a day leng hearing

in Raleigh recently, to “get rid of this elected judge”

because he had violated a canon rule to never be openly

critical of another judge, especially a Chief Justice. Judge

Bill Belk has been accused of being critical of Sarah

Parker, current Chief Justice, after the Statute required

Chief Justice Lake to retire.

This same so calied Judicial Review Commission does

nothing to discipline judges like Respondent Judge Parker

and the other Respondents Judges Grimes and McLendoa

who really are unfit power abusing judges. It’s 2 double

standard, not based on the actions of any of the judges a: it

is party politics and individual bias agninst certain parents,

which should have no place im family court.

Respondent Lawyer Lieyd C. Smith Jr. Smith went

even farther in his charade against Petitioner by holding up

a2 book I had never seen before in front of the judge and

then poking the same book in my face as if I was somchow

connected to it, because it was apparently an anti-public

education book, and I was at the time home schooling my

oldest daughter. He did this te ridicule me and incite Judge

Parker that I was not properly educating my children and

keeping them out of the public schools because of Black

teachers and a majority of black students being in the

public schools. In the first place, I am well qualified to

teach my children having taught Math and Science with a

graduate teaching certificate to teach any Math or Science

course.

24

Ptas, I have been a Department Chairman, a Professor

of Natural Resources, and started the first Fish and

Wiidlife Program in the 58-member Community College

system in North Carolina, while teaching im three colleges

im two states. I’m far more qualified to properly educate

my Chikiren than any of the Respondent lawyers or

commit fraud to destroy Petitioner’s outstanding record as

a loving parent and outstanding citizes.

It’s a racket that traumatizes children and

mistreats parents who have done no wrong while lawyers

get rich off of manipulating the Court proceedings utilizing

perjury and fraud to abuse good parents and thereby

abuse their childres. The United States Supreme Court

should get involved and immediately correct this

horrendous miscarriage of justice.

In the meantime, I’m asking for a Federal Trial im front

of a jury to confront my evil termentors and make them

publicly admit to their crimes of suberning perjury, fraud,

extortion, slander, and illegally stealing land. Shouldn’t the

United States Supreme Court support the clear protections,

and equal treatment rights, m the Constitution, when no

other jadges in State or Federal Courts have the integrity,

understanding, and courage to do what should be their

daty?

In the interest of family values, reducing divorce,

freeing innocent children of beimg traumatized, and in the

process, making our Nation more free and safe, I look

forward to pleading my case in person should the most

honorable Supreme Court judges invite me to speak to

them in person, to plead my logic and display my love for

Petitioner’s stolen children.

IX. CONCLUSION

Petitioner requests a Federal jury trial and oral

hearing before the Honorable United States Supreme

Court, and whatever other rulings the Honorable

Supreme Court im it’s collective wisdom, will reform

family court proceedings im the United States.

The petition for a writ of certiorari should be granted.

App. 1

APPENDIX

Page

1.. CASE NO. 4:08-CV53. Complaint was

filed in the Federal Disirict Court of North******* App.1

Carolina on April 9, 2008.

2. July 7, 2006 letter to Judge Grimes from my

Attorney Steven P. Rader. who informed Judge

Grimes he was not following his own rulings on** App. 16

Tapes and Lawyer Smith’s antics showed “pattern”

of unlawful denial off a father’s custody which

“greatly concerns” Petitioner’s Attorney Rader..

3. North Carolina Federal District Court granted

Order and Judgment to dismiss Complaint in ***** App.17

Case NO. 4:08-CV53 on November 17, 2008.

4. North Carolina Federal District Court denied

Motion To Reconsider The Order in CASE NO. ** App.19

4:08-CV53 on January 22, 2009.

5. CASE NO: 4:08-CV53 was appealed to U. S.

FOURTH CIRCUIT COURT OF APPEALS. *** App,20

and was designated CASE NO. 09-1216.

6. U.S. FOURTH CIRCUIT COURT OF

APPEALS CASE NO-:09-1216 had Appeal***** App.23

denied in an opinion dated June 5, 2009..

7. Motion to have CASE NO. 09-1216 heard

EN BANC by U.S. Fourth Circuit Court of **** App. 24

Appeals was denied on July 31, 2009

8. MOTION FOR WRIT OFCERTIORARI filed

in the UNITED STATES SUPREME COURT on

October 27, 2009 and updated .copy of WRIT OF

CERTIORARI with docket fee, on January 4, 2010.

App. 2

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

NORTHERN DIVISION

GEORGE E. BURDICK

PRITCHETT & BIRCH, PLLC,

LIOYD C. SMITH JR.,

REGINA PARKER,

SAMUEL GRIMES, AND

CHRISTEPHER B. McLENDON

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Defendants’ names and addresses, if known.

Judge Regina Parker, P.O. BOX 1132, Williamston, N. C. 27892 Telephone

(252) 792-7342 and (252) 792 2660.

Judge Samuel Grimes, 112 West 2™ Street, Washington, N. C. 27889 or

Post Office Box 1297, Washington, N.C. 27889 Telephone (252) 946 1210.

Attorney Lloyd C. Smith, Jr., Post Office Drawer 100, Windsor, N. C. 27983

Telephone (252) 794-3161

PRITCHETT & BURCH, PLLC, Post Office Drawer 100, Windsor, N. C.

27983 Telephone (252) 794-3161

Judge Christopher B. McLendon, P.O. Box 1403, Washington, N.C 27889.

Telephone (252) 946-2660

App. 3

Jurisdiction in this case is based on:

SOME SPECIFIC RELEVANT FACTS:

Amendments in the “Bill of Rights” protect Plaintiff’s rights

in the Federal Constitution and have been violated by the Defendants.

Following underlined portions of Amendments are relative to one or

more violations by ail Defendants. AMENDMENTS. Bill of Rights

December 15, 1791. Article L. Congress shall make no law

respecting an establishment of religion, or prohibiting the free

exercise thereof; or abridging the freedom of speech or of the press;

ciikcak inate aad an wunmnas dell Gnan bat anne ovale -

cause, supported by oath or affirmation, and particularly describing the

place to be searched, and the person or things te be scized.

Article V. No person shall be held to answer for a capital or

otherwise infamous crime, unless on a presentment or indictment of a

grand jury except im cases arising im the land or naval forces , or in the

militia, when in actual service, in time of war and public danger; nor

shall any person be subject for the same offense or be twice put in

jeopardy of life or limb, nor shall be compelled im any criminal case

to be a witness agaimst himscif; por be deprived of life, liberty, or

property, without duc process of law; ner shall private property be taken

for public use without just compensation.

Article XIV. July 28, 1868 Sec. 1. All persons born or waturalized

ee ee Oe eee

ee ont cher Sted

ee ee ee ee

children, especially a devoted and caring parent like Plaintiff, who has

been the primary carctaker of five wonderful children until August of

2005, when a stressed and mentally confased wife, aided by meddling in-

laws, stole the children, and while lying to Plaintiff, drove them over

2500miles out of State.

Plaintiff secured a local Attorney Steve Rader, whe secured a

Temporary Custedy Order and traveled to Arizona. Plaintiff hired an

Arizona Attorncy Rena Selden, to represent him in the Arizona Courts.

An Arizona State Court Judge awarded him custody and ordered Father

and five children back to the jurisdiction of the North Carolina Judicial

System. The family had been living together and Plaintiff had been

taking care of his children on a daily basis, while Plaintiff's wife, and

Defendant in the custody dispute, who had abandoned her husband

because of unsatisfactory performance in her Federal employment, which she

kept secret, that was causing her stress, and her abuse of several mind-altering

prescription drugs. The effects of Postpartum syndrome stress was also a factor

which resulted from her having major medical complications when our twin

girls were born on July 7, 2001. Justice was never received in the North

Carolina Second Judicial District by Plaintiff.

Case 05-CVD-406 was a sham from day one because Judge Regina

Parker was manipulated in such a manner by Attorney Lloyd C. Smith Jr., that

even Judge Parker’s temporary custody bench Order was never properly

implemented and Plaintiff never received custody of his five children as

Jadge Parker had ordered during the first following Thanksgiving school

holidays. In fact, Judge Regina Parker never cven signed the bogus Order,

created by Lawyer Smith, until December 29", 2005, over three months after her

Bench Order was recorded and over one month after Plaintiff was supposed to

have received custody of his children during November of 2005.

App. 5

Plaintiff's Attorney Steve Rader cited Defendant for Contempt of Court,

but Attorney Smith conspired with Judge Parker to change her Order, after it was

clearly violated by Defendant, however, contempt charges were never enforced,

and Plaintiff never received any custody of his children to make up for what was

intentionally stolen from him, by the antics of Lawyer Smith with the belated

approval of Judge Parker. Plaintiff believes that Attorney Smith actually told

Defendant to violate the legal Bench Order of Judge Parker and assured her he

could pretend it was an honest mistake and get Judge Parker to change it later.

Plaintiff's Attorney Steve Rader alluded to just such fraudulent trickery being

played out by Attorney Smith who seemed to exude confidence that he could

control and manipulate Judge Parker.

This is just one of many examples of a collusion between Judge Parker

and Attorney Smith to deny Plaintiff justice to which he was entitled as a great

father who had been primary caretaker of all five of his children since their births

and had spent more total time taking excellent care of them than anyone else,

including their mother. Plaintiff was primary caretaker all the years before they

were stolen from him by his mentally confused wife and her insanely jealous

mother. Attorney Smith, once he recognized the stress and mental confusion of

his client, Defendant and Plaintiff's wife, assumed mind control over her because

of her obvious vulnerability, and was instrumental in dragging out the custody

battle for his own financial ill-gain as well as convincing the Defendant he could

win everything for her by destroying Plaintiff..

Plaintiff does not believe Defendant would have committed a felony by

breaking into his house and staging misleading pictures to use against him in

Court except for Attorney Smith urging her to do so. All along Defendant has

been the one needing a mental evaluation, so Attorncy Smith upstaged that

obvious conclusion, by conspiring with Judge Grimes to make a Mental

Evaluation and a physical examination an add-on requirement to Plaintiff’ s

receiving custody as ordered by Judge Grimes for the summer of 2006.

Plaintiff complied fully with these unjust add-on requirements

engineered by Attorney Smith but then Attorney Smith added on more

requirements with Judge Grime’s acquiescence, while ignoring protests from

Plaintiff’ s Attorney Rader that it was illegal. Lawyer Smith insisted on seeing

the privileged information between the Psychologist, who had given Plaintiff a

clean bill of health and stated he saw no reason to deny him the care of the

children he had already been taking care of most of their lives. Plaintiff had

nothing to hide and so gave up his right to privacy with his Doctor thinking that

was the last hurdle to overcome to receive the custody Judge Grimes had ordered

and to which Plaintiff was entitled. Plaintiff's Attorncy was attempting to get

Judge Grimes to abide by his Order when he wrote the letter I have attached as

FEDERAL EXHIBIT A, which illustrates a “patie” of manipulation of local

District Judges by Attorney Lloyd Smith Jr.

App. 6

Judge Grimes’ own Custody Order has never been followed or enforced

by Judge Grimes. Not in 2006, not in 2007 and to date not in 2008. That’s why

he is guilty of Child Abuse for keeping the children prisoners and away from their

father. Judge Grimes is also guilty of denying Plaintiff his Civil Rights as well as

“cruel and unusual punishment” on Plaintiff who has committed no wrong.

When I attempted to discuss my denial of custody during the so-called

Administrative Court Hearing in January, 2008, I asked Judge Grimes about his

Order that had never been obeyed and he said “I can’t discuss that case with you”.

; It’s unbelievable that a Judge can be so cruel and so dishonorable with

Impanity! All ome has to de to see the collusion between am unscrupulous

Attorney and incompetent, immoral Jadges is read FEDERAL EXHIBIT A,

written by my attorncy to Judge Grimes. Judges Grimes and Parker should

be fired for flagrant Child Abuse! They certainly violated Plaintiff's Civil

Rights as a parent!

The acts complained of in this case concern:

The Law Firm of PRITCHETT & BURCH, PLLC for which Attorney

Smith works, three North Carolina District Court Judges, and Attorney Lloyd C.

Smith Jr. are all guilty of violating Plaintiff's Civil Rights and Federal First and

Fourth Amendments Constitutional Rights because of Fraudulent conspiracy to do

harm to Plaintiff's children, (CHILD ABUSE), and attempts to take Plaintiff's

property by violating Plaintiff's First Amendment rights under the Federal

Constitution, and ignoring State and Federal Laws, while allowing Orders, (both

Bench Order and Written Orders), issued in State Courts to be changed outside of

Court and/or totally ignored by an Attorncy, (Lloyd C. Smith Jr.). who

manipulates their Courts and invents Orders of his own.

Defendants have conspired in denying Plaintiff his parental rights, and

other Civil Rights, while illegally invading and attempting to take Plaintiff's

solely owned property without any compensation whatsoever, and other immoral,

illegal and fraudulent acts, while acting INDIVIDUALLY AND

COLLECTIVELY TO DENY plaintiff his parental and property constitutional

rights. The issues involved with these Defendants can only be adequately and

properly addressed in the Federal Courts.

Defendants have so corrupted the North Carolina Judicial System that

Plaintiff has not received any objective hearings under any of the listed

Defendants who practice their own brand of law without regard to actual laws,

rules or objective judgment. Plaintiff has not even been allowed to speak,

present evidence, or comment, on reicvant issues before their Courts, even

when acting pro se as his own attormey. Prior to that, when Plaintiff was

represented by an Attorney, who later moved to Europe and had to withdraw from

Plaintiff’ s case,

App. 7

Plaintiff's Attorncy was not allowed to comment about or correct false

statements inserted into orders written by Attorncy Smith and signed by

these three Judges as their own false statements. Some specifics on cach

Defendant follows, but the Court case file regarding Plaintiff's complaint and

quest for justice is replete with hundreds of pages outlining the wrongs of the five

Defendants who are a disgrace to the State Court in which they operate, and a real

threat to every citizen who is affected by their fraudulent acts and evil usurpation

of power.

The Federal Courts need to correct the crimes of the Defendants because

the North Carolina State Bar and The North Carolina Judicial Review

Commission have acted like “toothless tigers” in correcting their wrongs and so-

much justice has been denied for so many months, and now, years, the North

Carolina Appeals Court and the North Carolina State Supreme Court appear

reluctant to correct despicable wrongs of these lower Court lawyers and judges

apparently for “politically correct” reasons. rather than lawful, Constitutional or

just reasons!

The North Carolina Bar has been investigating the wrongdoings of

Attorney Smiih and Plaintiff was recently informed by a member of the Bar that

Attorney Smith’s case would go before a grievance committee in the near future,

but it has been too long getting to this point with no guarantee of justice, that

makes a Federal injunction mcceasary at this time, Plaintiff can not wait for

Attorney Smith and the three ruthless Judges who have mishandled this case, to

horrendous crimes, incleding Fraud and not allowing Plaintiff to speak or

present evidence in Court, (First Amendment to Federal Constitution

violation), and now the threat is to Plaintiff's exclusively owned property

(Foearth Amendment to Federal Constitution violation)... Plaintiff has

supplied hundreds of pages of documents and detailed complaints to the North

Carolina Judicial Revicw Commission pertaining to the three Judges who have

failed to deliver justice.

A recent discussion with the Executive Director, Mr. Ross has led Plaintiff

to believe this is a powerless oversight entity that can not reverse any Judges bad

rulings and are extremely reluctant to censor or reprimand Judges no matter what

they do. Plaintiff believes this organization exists largely to receive complaints

and allow citizens who have been abused by bad judges to vent their feelings

without anything ever being done to correct the wrongs. Plaintiff was told they

can not change a Judge’s bad Orders or rulings so it’s obvious this State oversight

group can not and/or will not correct the wrongs committed against Plaintiffs

parental custody and private property rights.

App. 8

Piaintiff’s only relief to stop the ongoing imjustice he is suffering has to

come from an injunction issued by the Federal Courts. Plaintiff has sought

relief from all levels of State Courts and every related agency available to him.

None of them have responded to date except to offer too little too late to stop the

injustice. The North Carolina State Supreme Court could correct the situation but

Plaintiff could lose everything before that Court acts without immediate

interference im the form of an injunction from the Federal Court system.

Higher State Courts and/or oversight regulatory agencies in place to correct

wrongs, like those committed by Defendants, apparently are embarrassed by the

magnitude of judicial corruption, or don’t want to admit that such mean and

greedy swindlers, who actually conspire to deny citizens justice, like the five

Defendants, are infesting lower Courts.

The evidence however, is irrefutable for any objective and impartial

observer, or Federal Judge, who will feel it his or her duty to analyze these clearly

Federal Constitutional issues. The Courts are supposedly in existence for

citizens to seck objective justice and should not be used to persecute

App. 9

If there is division of property or assets that can not be distributed

agreeably between Father and Mother of five Burdick children, then a different

Judge from the three guilty of the injustice described in this Federal case should

handle it This case should be adjudicated in a different North Carolina venue, or

under Federal Court jurisdiction and supervision. Plaintiff leaves everything to

his family in his will anyway and simply wants to keep the wildlife refuges and

ranches he has worked all his life to acquire, intact, and not be subjected to the

ravages of a greedy and dishonest lawyer like Attorney Smith or others in his law

firm, who manipulate the local Judges. These Judges apparently almost always

rule in their favor, no matter how far astray they go of the law, objective justice,

and the truth.

3. RETURN OF THE LEGAL FEES Ptaintiff was ordered to pay by

Judges, Grimes and McLendon, at Attoracy Smith’s request, without

consideration that Ptaintiff has to pay mortgages, taxes, and expenses to take

care to the family’s heritage on a Social Security check, while Plaintiff's

former wife contributes nothing, though her salary im the career in which her

husband supported her all their marriage, is over $90,000 per year.

When Judge McLendon, who had never met Plaintiff, yet ordered, at

Attorncy Smith’s request, that Plaintiff had seven days to pay Lawyer Smith’s

outrageous legal Fees of approximately eight thousand dollars, or go to jail for

contempt, I knew the North Carolina Judicial system was badly in need of reform.

First of all, I had broken my ankle just two days before that Court session and had

requested a continuance.

Secondly Judge Mclendon knew very little about the case except for the

lies he was told by Attorney Smith, and had never met or written a letter

to Plaintiff and refused to talk to Plaintiff over the telephone, despite the fact that

I no longer had an attorney at the time (my former Attorney Steve Rader had

recently withdrawn from his cases and moved, with his European wife, to Europe.

The arrogance and unmitigated abuse of power flaunted by Judge McLendon was

a shameful insult to all honest judges. There was absolutely no justification for

such unbridled raw punishment being meted out to someone like Plaintiff, whose

only crime in this entire episode is a determined resolve to do my duty for my

family, and continue to believe truth will win out in the end

4. ONE MILLION DOLLARS FROM EACH OF THE FIVE

DEFENDANTS, Judges Parker, Grimes, Mclendon, Attorney Smith and

collectively the Law Firm of PRITCHETT & BURCH, PLLC.

App. 10

How much are the daily hugs I used to get from my five children worth? I

had rather have the daily love from my five children, that has been denied me by

the mean people above, than be paid a sum equal to the National Debt. No sum of

money I might recover from those like the above, who destroy families for profit,

will replace the last three years of my life. I can never enjoy those lost days,

weeks, months, and years being with my children, during their ages when they

have been stolen from my loving arms. Any person who keeps my children from

me while sanctimoniously pretending they are practicing law or delivering justice

is absolutely guilty of Child Abuse.

What did my children do wrong or what did their father do wrong to

deserve such cruel punishment? Absolutely nothing! Too many lies were told in

Court by too many people and though some witnesses told the absolute truth, like

Pastor Brown, who knows me and my family better than any other witness who

was on the stand, and totally supported me.

Pastor Brown and his wife were saddened, and didn’t want to believe the

Judges themselves, Parker and Grimes, lied and did not enforce their own unfair

orders. He and his wife raised ten children of their own, and watched me taking

care of mine in Monroe Valley Pennsylvania, where his church is situated on the

side of a mountain overlooking the valley below. We attended his church and

then during the week I took our children to the church playground to use the

outdoor recreation playground equipment while my wife was gone, driving

around her circuit all day.

I was the stay-at-home Dad supporting her career while paying others to

take care of my ranches and livestock enterprises in North Carolina. Attorney

Smith prepared a form which my wife signed that stated it didn’t happen like that.

-He made the case to Judge Parker, supported by Defendant’s lies that I never

took care of my children on a daily basis. Judges Parker and Grimes didn’t listen

to Pastor Brown, because to do so would have meant going against the lies

fabricated by Attorney Smith. Lawyer Smith had blurted out in open Court that

eee Sees. Sng Se 2... whose Dad, I. Beverty Lake Sr., was. a

at Satins Pitas eerlenned cx edenvieh Gealth fir tamesiesting ectitios

and attempting to stir up her racial bias in a custody case? Of course not, never

mind that my friend Bev Lake Jr. was sitting Chief Justice of the North Carolina

State Supreme Court at the time. My Attomey objected, but it didn’t do any

good, Attorney Smith had the floor and was running the Black female Judge

Parker’s Court, and so she believed those who told lies, because she wanted to

believe lies about me, as an excuse to take my children. It was all part of Smith’s

plan from the very first to tell lies, like | wasa “racist”, and divert attention

away from my being a loving and dedicated husband and father.

App. 11

Lawyer Smith even marched up to me at one point in his accusatory

questioning with a book in his hand, which he poked it toward the Judge before

holding it out near my face. It was obviously an anti-public education book, from

its cover, but I had never seen it before. He didn’t care just as he didn’t care when

he mentioned the “German Socialist Party”, while asking questions designed to

connect me to such a party. I truthfully stated I had never seen the book he was

waving around before me, and had no idea what the organization he tried to

associate me with was about.. I was certainly no member as he seemed to imply...

Judge Parker allowed Attorney Smith to rant and orchestrate in her Court, even

though his theatrics were not remotely connected to the truth or the issues before

the Court.

When Attomey Smith wrote the long Order, replete with numerous’

“inventions” and lies, Judge Parker finally signed it over three months later and

it was a creative writing, that was far different from what’s in the tapes and

transcriptions Plaintiff had made of the Court testimony of witnesses. My

chances at receiving any objective rulings or Orders in the future were doomed.

by Attorney Smith’s first drafted Order, which contained his insulting comments

about Plaintiff and fabricated “false facts” never even discussed in Court.

Judge Grimes in later deliberations wasn’t interested in the truth either.

Attorney Smith told him what to do, wrote a lengthy Order full of lies and

misrepresentations which Judge Grimes signed. Judge Grimes couldn’t get to the

elected Republican Chief Justice of the State Supreme Court, but he could

certainly “stick it to” one of his friends.. Judge Grimes “rubber stamped” all the

mistakes made earlier by Judge Parker and even added several horrendous ones of

his own.

Judges Grimes informed my Attorney Rader, who was frustrated at the

way the Judges were ignoring the facts and allowing Attorney Smith to make up

all kinds of misrepresentations and falsehoods in the preparation of the Orders he

drafted for them to sign. Judge Grimes had promised my Attorney Steve Rader

that he could review the draft Order by Smith before Judge Grimes signed it to

suggest changes and/or corrections. Judge Grimes made that commitment, but he

didn’t keep it, as my Attorney pointed out in a motion to the Court in which he

informed all these Judges that Attorney Smith was guilty of “inventions” in the

Orders he wrote that had nothing to do with what actually went on in the

courtroom.

The Judges signed them anyway, while not giving Plaintiff's Attorney an

opportunity to register any corrections to Attorney Smith’s numerous false

assertions.. Judge Grimes signed the Order without allowing my attorney or me,

the Plaintiff to have any input. Judge Grimes also allowed Attorney Smith to

amend his Order outside of any Courtroom proceeding with additional

requirements imposed on Plaintiff for no just or reasonable reasons.

App. 12

One was that I was required to take a Physical examination and mental

evaluation as a prerequisite to gaining custody during the summer of 2006 as had

been granted in Judge Grimes Bench Order. If either party in this Court

proceeding needed a Mental Evaluation, it was the Defendant who had been

voluntarily going to a Psychiatrist, because she was under stress for being

reprimanded numerous times for not properly performing her duties. Copies of

numerous letters, phone calls, and e-mails over two years prior to her crazy

exodus proved the fact, that I wasn’t really her problem. .

Defendant had been submitting incorrect expense accounts and travel

vouchers, plus taking mind-altering Prescription drugs and endangering our twin

daughters by nursing them while taking said Drugs which she was specifically

forbidden to do by the instructions from the drug manufacturers, Doctors and

Pharmacists.. Judges Parker and Grimes ignored all this, and Judge Grimes at

Attorney Smith’s urging, added on to his Order a stipulation that Plaintiff pass

physical and mental tests. Plaintiff did successfully accomplish everything asked

of him long before my rightful custody under his absurd Attorney Smith

“invented” additions to the Order, but astoundingly, then Judge Grimes never

required or allowed his Order to be carried out.

Note again FEDERAL EXHIBIT A which clearly shows the injustice that

has been heaped on Plaintiff by judges who allowed themselves to be manipulated

by a crooked lawyer like Attorney Smith. Judge Grimes’ Order has never been

implemented since it was signed, not in 2006, 2007 or to date in 2008. Even if I

received due process in securing the Court Orders, since they were never

carried out, I never really received due process as guaranteed under the

Fourteenth Amendment to our Federal Constitution. Plaintiff never received

the Court ordered custody of his children, because this evil Lawyer was

manipulating incompetent and obviously biased Judges.

My Attorney Rader kept trying to reassure me, the Plaintiff, that surely we

would find some pretense of justice under a different Judge like Judge Paul, who

was far different and more objective than any of the others. Plaintiff was

flabbergasted that any Judge could be given such unbridled discretionary power to

ruin lives and destroy families... All judges should be objective and leave their

politics and prejudices outside the courtroom, especially when they assume the

power to tear children out of the arms of a loving parent forever for absolutely no

legal, valid, or moral reason. In addition to that, no Judge can gain sufficient

wisdom from a Lawyer-controlled courtroom atmosphere about what really was at

play in a family, The truth is often ignored in a courtroom.

App. 13

How arrogant of any Judge to pretend he or she knows more about the

wholesome well- being of children under the care of a loving parent like

Plaintiff!. It was a sham presented by the unscrupulous Lawyer Smith, which a

competent and honest Judge should have recognized immediately, but in a

Courtroom atmosphere, the First Amendment to our Federal Constitution is

apparently thrown out the window, while injustice is allowed to prevail and a

truly great parent made into something he is not, on the basis of lie after lie by

witnesses, but in this case 05-CVD-406, also falsehoods, misrepresentations and

lies by Judges and a manipulative Lawyer working for an expensive local Law

firm that rarely, if ever, is ruled against by these local, friendly to them, Judges

they know so well...

Believe it, or not, the above is but a brief synapse of all the wrongs

committed by the above three Judges Parker, Grimes and McLendon in this case.

It’s just the tip of the iceberg and one reason Plaintiff has submitted hundreds of

pages protesting the theft of his children who have effectively been stolen from

his loving arms for almost three years, while biased and hateful dictatorial judges

assist a totally immoral lawyer and law firm in not only stealing his wonderful

and innocent children, but also now, his solely owned as well as jointly-owed,

property, while ignoring his Constitutional rights and his Civil Rights under

Federal jurisdiction.

An injunction must be ordered by the Federal Courts to allow time to

establish the truth about this miscarriage of justice in a disreputable North

Carolina “kangaroo court”. The North Carolina State Bar, the North Carolina

Judicial Review Commission, the North Carolina State Appeals Court and the

North Carolina State Supreme Court, which no longer has Plaintiff's friend as

Chief Justice, are apparently all reluctant to believe the truth about how shabbily a

parent has been treated by lower Court Judges who are so easily manipulated by a

crooked lawyer working for a local law firm that rarely. if ever, loses when it sets

out to destroy a great and truthful parent. Plaintiff is supported by family pastors

and others who truly know him but effectively framed by bogus “facts” , “lies”

and dishonest courtroom “antics” that have nothing to do with his being a loving

parent to five children who have been kept like brainwashed prisoners due to the

abject failure of the North Carolina so-called “Judicial System”.

App. 14

Plaintiff prays the United States District Court, after granting an

injunction to bar Defendant Judges from further participation in this case,

will conduct a thorough and objective investigation and reunite these

children with their loving father who deserves their daily hugs again after

three years of both parent and children’s lives have been lost forever.

Only the Federal United States District Court can halt this obvious child

abuse and parental torture from continuing, by protecting the Constitutional

and Civil Rights of Plaintiff. Pisintiff has been doing his duty as a devoted

father and husband while insisting that he too deserves to receive justice and

be treated with respect .while he exercises his God-given right to raise his

children.

This good parent, who knows his family better than any Judge, wants

to imstill m his five children wholesome values, which he exhibits im his life,

I’m hoping the Federal Courts will do what the State Courts didn’t have

the courage or possibly full understanding of this complex battle to do. Deliver

five wonderful children back home to their loving father, who wants them to have

both a Mommy and a Daddy, and still believes except for the blunders of Judges

who rewarded a mentally confused spouse for her lies and deception, while she

was being supported and coached by insanely jealous in-laws and a greedy

lawyer, the Mommy in this family might have, and might still come to her senses,

and realize that the children should come first and she should have honored her

marriage vows instead of attempting to destroy the best friend and protector she

has ever had, her devoted husband.

Neither the children nor the father are responsible for what has been torn

asunder, this formally blessed and bonded family. This father and the Federal

Judges are now the only hope for making it whole again, or at least giving back to

the five children their Daddy, who never abandoned them, and deserves their

daily hugs, their bonded love, admiration, and respect. How could any moral and

civilized person in their right mind want to separate forever this great and loving

parent from his five children and deny them his wholesome wisdom, and

character values as a role model?

App. 15

President Ronald Reagan once said something similar to the following:

“the government can’t fix our Nation’s problem, because the government is the

problem”! In Plaintiff's case the local Martin County Superior Court can not fix

his family’s Problem. This Court with the incompetent Judges Parker, Grimes

and McLendon has become the major problem, because of their lack or

understanding and lack of concern for the reason Judges even exist, “the even-

handed administration and delivery of justice”! Judges are not supposed to be on a

ego trip or derive pleasure from mistreating a good parent or allowing lawyers to

do so either Several have asked, but Plaintiff particularly appreciates this

paraphrased question,: “how could anybody in their right mind persecute a great

father like you?”

I have played by the Court’s ambiguous and arbitrary rules while suffering

the Indignity they have delivered to me and my children. This undeserved torture

at the hands of the above inadequate lawyers and judges, does not change who I

know I am, and have always been, a devoted and loving father and husband.

I AM REQUESTING A JURY TRIAL !

SIGNATURE OF PLAINTIFF

GEORGE E. BURDICK

TUPELO RANCH

980 Prison Camp Road, (SR: 1142)

P.O. Box 130

Stokes, N. C. 27884

(252) 795 3604

CC: Friends of the Family

Advocates For Children

App. 16

Wilkinson and Rader, PA

Attomeys and Counselors At Law

P. O. Box 732

Washington, N. C. 27889

John A. Wilkinson (1908=2001) 131 North Market St.

Steven P.Rader Tel. (252) 945 7167

Tel. (252) 945 1775

Fax (252) 975 0829

July 7, 2006

Judge Samuel Grimes

112 W. 2™ Street

Washington, NC 27889

RE: Burdick vs. Burdick

Dear Judge Grimes:

In light of the results of the Court ordered examinations of

my client, I am, requesting thar the Court approve normal

visitations immediately.

There is nothing in the report to justify denial of such

visitation.I went back and listened to the tape of the hearing

specifically for the Court’s ruling on this issue. The Court did not

direct any further hearings. Mr. Smith’s request for one is merely

a delaying tactic to run out the clock and deny my client and the

I want to remind the Court that Mr. Smith’s tactics already

denied my client the Thanksgiving visitation ordered in open court

by Judge Parker. I think a pattern is apparent here, and it greatly

concems me.

Sincerely,

Steven P. Rader

Cc: Lloyd Smith

Copy of Federal Exhibit A

Case 408-cv-00053-BO Document 1 Filed 04/09/2008 Page 22

of 22

App 17.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

4:08-CV-53-HO

Pritchett & Burch, PLLC, Lloyd C. Smith,

Jr., Regina Parker, Samuel Grimes and,

Christopher B. McLendon

Defendants

a. aa ae a

Court. The issues have been heard and a decision has been

rendered. IT IS ORDERED JUDGED AND DECREED that the

Defendant’s Motion to Dismiss is GRANTED. (BOYLE, J)

This Judgment filedand entered on November 17, 2008,

and copies to:

George E. Burdick

Tupelo Ranch

P. O. Box 130

Stokes, N.C. 27884-0130

Ronald G. Baker

Baker, Jones, Daly & Carter, PA

P. O. Box 986

Ahoskie, N.C. 27910

Grady L. Balentine Jr.

NC Attorney General’s Office

9001 Mail Service Center

Raleigh, N. C. 27699-9001

November 17, 2008 /s/ Dennis P. Ivarone

Clerk of Court

App. 18

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

4:08-CV-53-HO

Pritchett & Burch, PLLC, Lloyd C. Smith,

Jr., Regina Parker, Samuel Grimes and,

Christopher B. McLendon

Defendants

ee a a ee

This matter comes before the Court on Plaintiff's

Motion to Reconsider this Court’s November 16, 2008

Order, dismissing Plaintiff's claims against his former

wife’ attorneys and state court judges. Plaintiff had

claimed Manipulated the legal system to obtain custody

orders in favor of Plaintiff's former wife in violation of his

constitutional rights. This Court concluded it lacked subject

matter jurisdiction over Plaintiff's claims. For the reasons

below. This Court DENIES Plaintiff's Motion to Reconsider.

Plaintiff's claims arise out of a child custody proceeding in

State court. In bringing this federal action, Plaintiff seeks a

review of the issues decided in the child custody proceedings.

The Supreme Court has declared that “a party losing in state

court is barred from seeking what in substance would be

appellant review of the state judgment itself

violates the loser’s federal rights.” Johnson v De

grandy, 512 U.S. 997,1005-6(1994)(citing District of

Columbia Court of Appeals v Feldman, 460 U.S. 462,

482 (1983), Rooker v Fidelity Trust Co., 263 U.S. 4513,

416

App. 19

(1923). As stated in this Court’s previous November 16, 2008Order,

Plaintiff's action seeks to circumvent these jurisdictional mandates by

instituting a federal action which, although not styled as an appeal, aims to

review the decision of the state court. With the exception of habeas cases,

our system commitment to the principles of federalism prohibits this type

of action and dictates that appellate review of state court decisions occurs

first in the state appellate system and then to the United States Supreme

Court.. American Reliable Insurance co. v Stillwell, 336 F.3d311, 316(4™

Cir.2003). Accordingly, this Court lacks jurisdiction to hear Plaintiff's

claims.

Plaintiff's Motion to Reconsider is DENIED.

SO ORDERED, this 14 day of January 2009.

TERRENCE W. BOYLE

UNITED STATES DISTRICT JUDGE

App. 20

Page One of Four

No. 4:08-CV-53-BO February 20, 2009

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

No. 4:08-CV-53-BO

GEORGE E. BURDICK

Plaintiff,

V

PRITCHETT & BURCH, PLLC,

LLOYD C SMITH, JR.,

REGINA PARKER, SAMUEL GRIMES,

CHRISTOPHER B. McLENDON.

=

Se

=

;

Te. er Oe

1. This case was filed on April 4, 2008, by Plaintiff,

who requested a Preliminary Injunction, and registered a

JURY DEMAND. To date, the Honorable TERRENCE W.

BOYLE, UNITED STATES DISTRICT JUDGE, has never

ordered a hearing or talked to Plaintiff in person, by letter

or on the phone. Plaintiff has never been allowed to

offer any testimony directly to the judge to refute or clarify

the honorable judge’s opinions in this case. Therefore, the

Honorable Judge Boyle is assuming what is in Plaintiff's

mind and presuming Plaintiff's motivations, without really

knowing from Plaintiff, the objective, factual, and relevant

elements causing this case to be filed..

App. 21

Page Iwo of Three

No. 4:08-CV-53-BO February 20, 2009

2. Plaintiff intends to prove in front of a Federal

Jury, the above listed Defendants violated his Civil and

Federal Constitutional Rights and should be held

accountable for among other things, fraudulent

3. Every American citizen is entitled to having his

or her Federal Constitutional and Civil Rights protected by

Federal Judges, who are sworn to uphold and defend such

rights, that are provided us in our Federal Constitution,

which protect every citizen from being denied those

rights by any other individuals or State Courts at any

jurisdictional level.

4. What’s actually in the Constitution should

outrank any other alleged precedent or authority in conflict

with the Constitution,. though it has been over ten months,

this Honorable Federal Judge Boyle has apparently not

evaluated the hundreds of pages of evidence and

documentation illustrating violations of Federal

Constitutional and Civil Rights by the Defendants against

Plaintiff.

5. Therefore, Plaintiff is forced to utilize his

option to appeal the wrong assumptions and denials of

justice at the Federal District Court level, not based on any

personal contact or hearing between Plaintiff and the

Honorable District Judge Terrance W. Boyle, and appeal

this unmerited denial of justice.

App. ZZ

Page Three of Four

No. 4:08-CV-53-BO February 20, 2009

6. 1 therefore within the prescribed 30-day period

To appeal the above failure of the District Court to deliver

Constitutionally entitled justice, am paying the fee, and

respectfully filing this appeal to the United States Fourth

Circuit Court of Appeals, and awaiting further instructions...

Respectfully submitted on January 20, 2009,

George E. Burdick, Plaintiff

Wildlife Biologist

TUPELO RANCH

P. O. BOX 130

Stokes, N. C. 27884

Phone (252)-795-3604

App. 23

Case:09-1216 Document 19-1 Date Filed: 06/05/2009 Page |

Filed June 5, 2009

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

George E. Burdick,

Plaintiff-Appellant

Vv.

Pritchett & Burch, PLLC, Lloyd C. Smith Jr.,

Regina Parker, Samuel Grimes, Christopher B.

McLendon

Defendants-Appellees

JUDGMENT

In accordance with the decision of this Court, the

judgment of the District Court is affirmed. This judgment

shall have effect upon issuance of this

Court’s mandate in accordance with Fed. R. App. P. 41.

/s/ PATRICIA S. CONNER, CLERK

CASE 4:08-cv-00053-BO Document 23 Filed 06/08/2009 Page |

App. 24

Case 09-1216 Document 23 Date Filed 07/31/2009 Page 1

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCOIT

No. 09 1216

(4:08-cv-00053-BO)

GEORGE E. BURDICK,

Plaintiff-Appellant

v.

PRITCHETT & BURCH, PLLC; Lloyd C. Smith, Jr., Regina

Parker, SAMUEL GRIMES, CHRISTOPHER B> McLENDON<

Defendants-Appellees

ORDER

The petetion for rehearing en banc was circulated to the

full Court. No judge requested a poll under Fed. R. App. P.35.

The Court denies the petition for rehearing en banc.

For The Court

/s/ Patricia S. Connor, Clerk

Case 4:08-cv-00053-BO Document 26 Filed:07/31/2009 Page |