09/03/2022
During my eviction (dispossessory) case, it was illegally and improperly transferred from Dekalb County Superior Court, to Fulton Superior and then to Clayton where it was illegally and improperly assigned to Senior Judge Arch McGarity (formerly of Henry County Superior Court) as Designate Court Judge. Dekalb County Superior Court in Georgia Alloy, LLC, et al. v. Sam Levine, Dekalb County Superior Court, CAFN: 18-CV-1430 filed on January 20, 2018.
During the case, Judge McGarity:
• Failed to perform duties impartially and diligently;
• Failed to dispose promptly the business of the court;
• Presided with a Conflict of Interest; and
• Engaged in Other conduct which prejudicial to the administration of justice, reflects adversely on the integrity of the court (i.e. fraud on the court, complicity with fraud on the court, retaliation, etc.)
During my case, Judge McGarity committed numerous Judicial Canon and Rule Violations As Fulton County Designate Court Judge By Way of Illegal Transfer and Judicial Assistance Request Order from Judge Courtney Johnson of Dekalb County Superior Court in the Case of Georgia Alloy, LLC, et al v. Sam Levine, Dekalb Superior County Court, CAFN: 18-CV-1430 while Disqualified with a Conflict of Interest.
The other judges involved in my case, Judges Courtney Johnson and Mark Anthony Scott, also acted unethically and significantly prejudiced the administration of justice in my dispossessory/wrongful foreclosure case, including because of denial of a jury trial under O.C.G.A. 44-7-53, gross procedural irregularities and the alteration, falsification, forgery and “forward” and “back” dating of my case filings and spoliation of the online case docket, case transcript and case indices by the clerk of court at the direction of both Judges Courtney Johnson and Mark Anthony Scott and with the assistance and cooperation of Odyssey File & Serve Georgia d/b/a Tyler Technologies, Inc. See Sam Levine v. Mark Anthony Scott, et al., Dekalb County Superior Court, Case No. 2019-CV-9808.
In addition, Judges Courtney Johnson and Mark Anthony Scott, both presided over and/or were involved in my case while disqualified with a conflict of interest.
Three (3) weeks after the dispossessory case was filed against me in Dekalb County Superior Court on January 20, 2018, I filed a lawsuit against Judge Scott in federal court. Sam Levine v. Mark Scott, et al, Fed. Dist. Ct. (NDGA), Case No. 1:18-CV-00625. Judge Scott ignored his disqualification based on this and based on having already formed an opinion adverse to me in my four (4) wrongful foreclosure cases where he denied multiple attempts on my part to obtain an injunction and proceeded to preside over the case anyway..
Judge Mark Anthony Scott, without proper notice and in violation of the Uniform Superior Court Rules (Rule 6.3 in particular) governing hearing on motion for summary judgment, rule nisi and service and “forward” dating my objection to rule nisi hearing and request for continuance with affidavit in support, granted Plaintiff’s motion for summary judgment on writ of possession and rent.
During the course of my appeal and assisting the appeals clerk for Dekalb Superior, I discovered that many of my filings were altered, omitted, falsified, forged, signatures removed, exhibits removed, mislabeled, mistitled and spoliated.
As a result, Dekalb Superior Chief and Administrative Court Judge Courtney Johnson, filed an order on November 9, 2018 recusing the Dekalb Superior Bench, transferring the case to Chief Judge Robert McBurney of Fulton Superior Court.
Judge Johnson’s order of November 9, 2018 fails to comply with the law under O.C.G.A. 15-1-9.1(f) because it omits the time period covered and the reason for the judicial assistance request. It also acts to conceal and cover-up the falsification of my case filings and the case record as a whole by the clerk’s office at the direction of Judges Scott and Johnson.
In addition, I filed my motion to recuse Judge Johnson before she filed her recusal, transfer and judicial assistance request order. However, Judge Johnson directed the court clerk to “forward-date” my motion to recuse Judge Johnson so that she could file her order without being subject to or bound by Uniform Superior Court Rule 25.3. I subsequently filed a Challenge and Supplemental Challenge to the Date of Official Acceptance and Filing of His Motion to Recuse with Affidavit of Judge Courtney Johnson by the Dekalb County Superior Court Clerk with Exhibits A-D in Support on June 1, 2020.
Chief Fulton Superior Judge Robert McBurney accepted the judicial assistance and transfer request and assigned the case to Judge Thomas Cox as shown by the order he filed on November 19, 2018.
Despite Judge McBurney having filed orders recusing the entire Fulton Superior Court bench, transfer and judicial assistance requests to Chief Judge Geronda Carter of Clayton Superior in several of my other cases, including Winston Briggs v. Dilyara Akhundov and Sam Levine, Fulton Superior, CAFN: 2019-CV-318184 filed on July 16, 2019, which Clayton Superior Chief Judge Carter accepted by order filed on July 18, 2019 where she assigned this this and a few other cases to Judge Arch McGarity. However, Judge Thomas Cox of Fulton Continued to preside over the case until he recused himself by order he filed on May 4, 2020.
It is important to note that while Judge McBurney issued recusal, transfer and judicial assistance request orders in several of my other cases, Judge McBurney never did in my dispossessory case as shown by the online case docket. In addition, at no time was I ever electronically served with any order filed by Chief Judge Robert McBurney transferring and requesting judicial assistance to Clayton County or any other jurisdiction.
Despite this, Clayton Chief Judge Geronda Carter signed, but did not file an order dated July 18, 2019 accepting the case and assigning it to Judge McGarity.
However, as shown by reference to my affidavit of certification under oath of non-receipt of electronic or written service or notice of order accepting judicial assistance request by Judge Geronda Carter Pursuant O.C.G.A. 9-11-5(f)(5) and in Violation of O.C.G.A. 15-1.9.1(f) and as also supported by the online case docket, not only did not Chief Judge Robert McBurney not ever file a transfer and judicial assistance request order with the court to Clayton Superior, but Clayton Chief Superior Court judge Geronda Carter likewise never filed an order with court nor was I ever electronically or in writing served with notice that she did.
It is also important to note that the recusal, transfer and judicial assistance request order issued by Fulton Superior Chief Judge Robert McBurney in one or more cases (i.e. Winston Briggs v. Dilyara Akhundov and Sam Levine, Fulton Superior, CAFN: 2019-CV-318184; Sam Levine v. ALM Media, LLC, et al, Fulton Superior Court, CAFN: 2019-CV-320847), did not act to effect or constitute a valid transfer and judicial assistance request in the subject case of Georgia Alloy, LLC, et al v. Sam Levine and the attempt to do so at worst constitutes a gross abuse of process as well as malfeasance and misfeasance under O.C.G.A. 45-11-4.
At all times since Judge Arch McGarity was purportedly assigned the case by order from Judge Carter never filed with the court and not date-stamped, Judge McGarity has had and continues to have full and actual knowledge of the invalidity and void on its’ face nature of all orders issued in this case beginning with:
1) The rule nisi hearing order unsigned by Judge Scott or the clerk of court and signed by Judge Scott’s calendar clerk instead signed “back-dated” to May 25, 2018;
2) The summary judgment order on writ of possession and rent of June 6, 2018;
3) Order of March 21, 2019 filed by Judge Thomas Cox granting Plaintiffs’ motion to compel payment of rent that he issued while disqualified as shown above;
4) The order dated May 21, 2019 by the Georgia Court of Appeals affirming the trial court’s summary judgment (which is based on an incomplete case transcript in which the Dekalb Appeals clerk refused to send the complete case file even though I paid over $2,500 for it and the appeals court refused to order the trial court to send the complete case file), where it states among other things that the evidence supports the judgment and that there were no reversible errors, which is completely and blatantly false given the denial of jury trial under O.C.G.A. 44-7-53, procedural errors regarding the rule nisi and summary judgment and the falsification of my case filings, the online case docket, case transcript and case indices;
In spite of:
1) Judge McGarity being fully aware that the rule nisi hearing order and summary judgment orders are void on their face and all orders based on them also void and considered “void on void”; and
2) My letter to Judge McGarity of October 28, 2019 where I advised of a lawsuit I filed against him on October 21, 2019 in Sam Levine v. William Cobb, et al, Fulton Superior, CAFN: 2019-CV-328306;
3) My previously filed motion with sworn affidavit to disqualify Judge McGarity in Sam Levine v. ALM Media, LLC, et al, Fulton Superior, CAFN: 320847;
4) My previously filed motion with sworn affidavit to disqualify Judge McGarity in David Hodgins v. Sam Levine, et al, Fulton Superior, CAFN: 318400;
5) Being already fully aware of the contents, claims and arguments contained in my motion to disqualify Judge McGarity which I filed on July 1, 2020;
6) Being already fully aware of the facts that I recited in my unadjudicated motion to set aside all judicial assistance request and remittitur orders where I detailed severely prejudicial procedural errors, which I filed in June 27, 2020,
7) My affidavit in support of my motion to disqualify Judge McGarity in Briggs v. Sam Levine, Fulton Superior, CAFN: 318184 which I filed on June 29, 2020;
8) Falsification, alteration and spoliation of my case filings, online case docket, case transcript and case indices by the clerk’s office at the direction of Judges Scott and Johnson, shown in part by reference to my notice of filing of supplemental police report of falsification of my case filings and the case record, which I filed with the court on May 8, 2020; and
9) That upon Judge Thomas Cox’s recusal as presiding Judge, the case was, rightly or wrongly, assigned to Judge Robert Mack of Clayton Superior (who was already presiding over another pending lawsuit [Sam Levine v. Mark Anthony Scott, et al, Dekalb Superior, CAFN: 2019-CV-9808] which I filed based on all of the procedural violations, collusion to violate my rights, falsification of my case filings, the online case docket, case transcript and case indices and massive spoliation of the case file by and between the clerk of court, Judges Scott and Johnson together with the assistance of Odyssey File and Serve Georgia in the dispossessory case and under U.S.C.R. 3.3, the dispossessory case would be assigned to Judge Mack, not Judge McGarity), as shown by letter from Plaintiffs’ counsel John Grimes to Judge Robert Mack dated May 15, 2000 stating that the case had been assigned to him and shockingly requesting a screening order to restrain me from submitting filings when Plaintiffs committed egregious fraud on the court and filed fraudulent documents with the court and many of my case filings had been falsified and requesting a bill of peace, which Judge McGarity granted as shown by his order filed June 9, 2020 and in spite of all of the above and the preceding paragraphs 1-9, Judge McGarity ignored gross misconduct, criminal collusion to falsify my filings, file fraudulent documents with the court and ultimately file a Remittitur Order while disqualified on June 9, 2020, which was the first and only act by Judge McGarity after being MIA for almost a year and which came as a complete surprise and shock to me and based on and without any valid transfer and judicial assistance request order filed with the court by Fulton Chief Judge Robert McBurney or a valid order accepting the case filed with the court by Clayton Chief Superior Court Judge Geronda Carter as shown by Exhibit “X”. Reference to the 6th and last page of Exhibit “X”, which is the order dated July 18, 2019 by Clayton Chief Judge Geronda Carter, reveals that the order is not and was never filed with the court, never date stamped and as I attested to earlier, never served on me.
In fact, the online case docket, Exhibit “A”, makes no mention whatsoever of either an order filed by Judge McBurney transferring the case and requesting judicial assistance or an order filed by Judge Geronda Carter accepting the case.
In other words, at no time did Fulton Chief Judge Robert McBurney ever file an order with the court in Georgia Alloy v. Levine recusing the Fulton Superior Court bench, transferring the case to and requesting judicial assistance from Clayton Superior, the evidence of which is shown by the online case docket marked as Exhibit “A”.
Prior and subsequent to Judge Mark Anthony Scott’s recusal from the case in October 30, 2018, during the time that Judge Cox presided over the case and following the purported assignment of the case to Judge McGarity on July 18, 2019 (Exh. X), I filed dozens of motions, including critical ones such as motion to dismiss and motions to set aside foreclosure sale, which Judge McGarity failed to rule on within ninety days required under O.C.G.A. 15-6-21(b). A review of the online case docket marked as Exhibit “A” show all of my unruled and unadjudicated motions, which exceed three dozen, including my:
1) Motion to Proceed Informa Pauperis filed May 14, 2018;
2) Motion for Continuance filed on June 5, 2018;
3) Motion to Transfer venue filed on June 5, 2018;
4) Motion for sanctions filed on June 18, 2018;
5) Motion to Compel filed on June 16, 2018,
6) Renewed Motion to Proceed Informa Pauperis filed on January 14, 2019;
7) Motion to Recuse Judges of Dekalb Superior filed on August 13, 2018
8) Motion to Supplement and Add Documents in the Record on Appeal filed on August 9, 2018
9) Motion to Recuse Judge Courtney Johnson filed on November 9, 2018;
10) Motion for Sanctions filed on December 4, 2018;
11) Motion to Disqualify Opposing Counsel filed on December 4, 2018;
12) Motion to Disqualify Judges of Fulton Superior filed on December 18, 2018;
13) Petition to Quiet Title filed on January 14, 2019;
14) Motion to Add a Party filed on January 14, 2019,
15) Motion for Appointment of Multiple Expert Witnesses filed on January 14,2019;
16) Second Amended and Supplemental Motion to Dismiss filed on January 14, 2019;
17) Respondent’s Motion to Set Aside Void on its’ Face Disbarment under O.C.G.A. 9-11-60(a) filed on January 27, 2019;
18) Second Renewed Motion for Appointment of Counsel filed on January 27, 2019;
19) Motion to Set Aside Void on its’ face Divorce Decree under O.C.G.A. 9-11-60(a) filed on January 27, 2019;
20) Renewed Motion to Compel and Deem Request for Admissions Admitted filed on January 27, 2019;
21) Motion for Attorney Fees filed on February 11, 2019;
22) Renewed Motion to Set Aside Void on Its’ Face Summary Judgment on Writ of Possession and Rent filed on February 16, 2019;
23) Renewed Motion to Recuse Judges of Fulton Superior filed on February 19, 2019;
24) Demand for Dismissal of Case Filed on February 19, 2019;
25) Motion to Challenge Rejection of Objection to Rule Nisi Hearing with Affidavit and Motion for Continuance filed on August 19, 2019;
26) Motion to Set Aside Void on their Face Orders Issued by Georgia Supreme Court and Court of Appeals under O.C.G.A. 9-11-60(a) February 19, 2020;
27) Fifth Supplemental and Renewed Motion with Incorporated Brief to Dismiss Plaintiffs’ Complaint filed on March 1, 2020;
28) Motion for Appointment of Auditor to Audit All of My E-filings & Case Transcript Sent to Court of Appeals filed on March 24, 2020;
29) Motion to Challenge Official and Formal Date of Acceptance & Filing of Motion to Recuse with Affidavit of Judge Courtney Johnson filed on April 9, 2020;
30) Renewed and Supplemental Motion to Dismiss Dispossessory Complaint with Prejudice for Spoliation filed on April 12, 2020;
31) Motion to Set Aside Summary Judgment under O.C.G.A. 9-11-60(d)(1)(2)(3) filed on April 15, 2020;
32) Motion for Summary Judgment filed on April 17, 2020;
33) Motion to Set Aside Rule Nisi Order for Summary Judgment Hearing Under O.C.G.A. 9-11-60(d)(1)(2)(3) filed on April 23, 2020;
34) Motion Demanding Immediate Dismissal of Case filed on May 11, 2020;
35) Motion to Dismiss Case for Spoliation filed on May 12, 2020;
36) Motion for Attorney Fees filed on May 27, 2020;
37) First Supplemental Motion to Challenge Official & Formal Date of Acceptance and Filing of Motion with Affidavit to Recuse Judge Courtney Johnson filed on June 1, 2020; and
38) Renewed Demand to Dismiss Case with Prejudice filed on June 1, 2020;
In doing the above, Judge McGarity overstepped his power, jurisdiction and authority and failed to comply with the Uniform Superior Court Rules, Uniform Transfer Rules and applicable rules governing recusal and disqualification.
Judge McGarity further took it upon himself to preside over the case without jurisdiction, power or authority, without proper assignment and without being fully clothed.
As a result of the above, Judge McGarity intentionally and knowingly failed to comply with the law as follows:
1) Violation of Judicial Recusal/Disqualification Rules;
2) Violation of Uniform Transfer Rules;
3) Violation of Uniform Superior Court Rules;
4) Violation of O.C.G.A. 15-1.9.1 (requirements to be fully clothed to preside over a case);
5) Violation of O.C.G.A. 15-6-21(b);
6) Violation of O.C.G.A. 15-6-13;
7) Usurpation of the Power of the clerk of court to appoint an attorney to preside over the case under O.C.G.A. 15-6-14.
In doing the above, Judge Arch W. McGarity also:
1) Failed to Comply with the Law (Rule 1.1); and
2) Failed to Promote Public Confidence in the Judiciary (Rule 1.2)
Based on the above, Judge McGarity violated the following judicial canons/rules as follows:
1) Rule 1.2(A): (Judges shall act at all times in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary);
2) Rule 1.2(B): (An independent and honorable judiciary is indispensable to justice in our society. Judges shall participate in establishing, maintaining and enforcing high standards of conduct and shall personally observe such standards of conduct so that the independence, integrity and impartiality of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective);
3) Rule 2.1: (The judicial duties of judges take precedence over all their other activities. A judge’s judicial duties include all duties prescribed by law. But primarily, judges serve as The arbiters of facts and law for the resolution of disputes);
4) Rule 2.2: (Judges shall dispose of all matters fairly, promptly and efficiently);
5) Rule 2.3: (Judges shall perform their judicial duties without bias, prejudice or harassment);
6) Rule 2.4(B): (External Influences on Judicial Conduct; Judges shall not permit family, social, political, financial or other interests or relationships to influence the judge’s Judicial conduct or judgment);
7) Rule 2.5: (Performing Administrative Responsibilities; Judges shall perform judicial and administrative duties competently, diligently and without bias or prejudice);
8) Rule 2.6(a)(b): (Ensuring the Right to be Heard and Prompt Disposition of matters);
9) Rule 2.7: (Judges shall hear and decide matters assigned to them, except those in which they are disqualified);
10) Rule 2.11: (Disqualification and recusal; Judges shall disqualify themselves in any proceeding in which their impartiality might reasonably be questioned – Judge Mack completely ignored my motion to recuse which he had an obligation to immediately act on under U.S.C.R. 25.4);
11) Rule 2.12(B): (Judges with supervisory authority for judicial performance of other judges should take reasonable measures to assure the prompt disposition of matters before these judges, along with the proper performance of their other judicial responsibilities);
12) Rule 2.15: (Judges who receive information indicating a substantial likelihood that another judge has committed a violation of this Code should take appropriate action. Judges having knowledge that another judge has committed a violation of this Code that raises a substantial question regarding the
judge’s honesty, trustworthiness or fitness for office shall inform the appropriate authority; Failure to Respond to Judicial and Lawyer Misconduct by Bar Counsel, the Justices and their staff for drafting and filing fraudulent documents with the court);
13) Canon 1: (Judges shall uphold the independence, integrity and Impartiality of the judiciary and shall avoid impropriety in all of their activities);
14) Canon 2: (Judges shall perform the duties of judicial office impartially, competently and diligently);
By Judge McGarity presiding of this case while disqualified with a conflict of interest and ignoring and disregarding the falsification of my case filings, the spoliation of the case record and fraud on the court by Plaintiffs and the court itself, it unquestionably created the appearance of impropriety and constituted malpractice,
malfeasance, oppression, tyrannical partiality towards me under the color of his judicial office, failure to hold court and delaying the due course of a proceeding in violation of O.C.G.A. 45-11-4(b)(1)(2)(3)(4), thereby also violating the judicial code of conduct. It also constitutes a violation of O.C.G.A. 45-11-1(a) by his filing of orders which serve to conceal and omit altogether the massive spoliation of my case filings and highly prejudicial procedural irregularities.
The following judicial discipline cases apply here:
• In re: Inquiry Concerning Judge Eric W. Norris, Ga. JQC, Complaint No. 2019-277 (2020);
• In re: Inquiry Concerning Judge Terrinee Lynette Gundy, Ga. JQC, Complaint No. 17-246 (2019);
• In re: Inquiry Concerning Judge Eddie Anderson, Ga. Supr. Ct., Case No. S18Z1333 (2019);
• In re: Inquiry Concerning Judge Tammy Stokes, Ga. Supr. Ct., Case No. S19Z0269 (2018);
• In re: Inquiry Concerning Judge Robert Crawford, Ga. JQC, Complaint Nos. 221-17C, 362-17-C; 2018-115 (2018);
• In re: Inquiry Concerning Judge Anthony Peters, Ga. Supr. Ct., Case No. S11Z1336 (2011);
• In re: Inquiry Concerning Judge Barbara J. Mobley, Ga. JQC, Docket Number: 2010-25 (2011);
• Jones County, et al v. A Mining Group, LLC, et al, Ga. Supr. Ct., Case No. S09A0846 (2009);
• In the Matter of Inquiry Concerning Judge Dorothy Vaughn, JQC Nos. 94-8, 94-64, 94-74, 95-44, 95-56, Ga. Supr. Ct., 462 S.E.2d 728, (1995);
• In the Matter of Inquiry Concerning Judge R Joseph Hammill, JQC Nos. 01-44, 01-73, 01-89, 01-90, Ga. Supr. Ct., 462 S.E.2d 728, No. S02Z0893 (2002);
As shown above, Judge Arch W. McGarity committed multiple acts prejudicial to the administration of justice against me and demonstrated bias, lack of neutrality and lack of impartiality resulting in the violation of the above-referenced judicial rules and canons.
This is a case lesson of what a judge should NOT do. Judge McGarity is as corrupt and unethical as they come. Moreover, he is extremely dangerous and poses a clear and continuing present and future danger to the administration of justice.
