No. 23-7549

In Re Kinley MacDonald

Lower Court: N/A
Docketed: 2024-05-23
Status: Denied
Type: IFP
IFP
Tags: child-custody child-welfare due-process family-rights hearsay hearsay-evidence judicial-jurisdiction jurisdiction parental-rights standard-of-review state-court-procedure
Latest Conference: 2024-09-30
Question Presented (from Petition)

Before the Court is a matter involving unabused children trafficked into foster care by hearsay, causing irreparable harm. The mother suffered expected distress as a result. The Defendants then used that distress to retroactively justify initial removal refusal to reunify, and create an elaborate web of accusations to terminate a family in absence of all jurisdiction for which the Federal Courts' abstention sanctions such departure of human rights to the State Courts of Maine, which calls for a desperate plea of Mother to ask Court's exercise of Supervisory power. Start to prosecute this case. THESE CHILDREN deserve your time.

1) Can a trial Court open and remove children in a "pre-adjudicative custody" case based solely on hearsay and actions prohibited by State Statute in Statute J, and in absence of Jurisdiction?

2) Can a trial Court threaten a distressed Mother with greater decreased contact with her children or does an "agreement," taken when DON'T, Inc that agreement into an admission of guilt to Child Abuse/Neglect without Courts of evidence of child abuse/neglect rooted in that agreement or elsewhere?

3) Can Defendants create systemic barriers to block Petitioner's assistance of counsel, deny a Family opportunity of Mandated Colloquy, reviews, and appeal on issues of abuse of process, jurisdiction, fraud upon the Court, abuse of discretion, and judicial misconduct to conceal termination of Parental Rights and family deprived of all Fundamentally Fair opportunity to litigate the facts on Court record?

4) Can a State Court of last resort declare a new standard of review of evidence against a class of people with PTSD/depression so "preponderance of evidence" when diagnosis is insane of itself, "jeopardy to Children" when the Supreme Court has demanded abstain from a Presumption that a class of people are unfit Parents (Stanley v. Illinois, 405 U.S. 645 (1972)) and requires "Clear and Convincing evidence" of abuse/neglect (Santosky v. Kramer, 455 U.S. 745 (1982))?

5) Can a State Court of last resort deny appeals/attempts to a mother's redress of trial Court abuses then echo these abuses to limit and inhibit a Family's right to effective Counsel on trial appeal ordering an attorney to only brief what she deems important while also ordering Mothering Counsel NOT to brief Constitutional/Federal Questions on a problem she had?

6) Can a United States District Court abstain here to undermine Fundamental Rights?

7) Can a United States District Court and/or United States Court of Appeals objectively deny Counsel to a petitioner seeking Petitioner's redress on a matter which requires BEPC LINENCY of Counsel error?

8) Can a United States District Court and/or United States Court of Appeals awaken risen Litigation Referred Requirements of a Petitioner simply because she is being detained in jail?

9) Can a United States District Court and/or United States Court of Appeals PREVENT an Indigent Plaintiff to pay City Costs Under the Prison Litigation Reform Act when she is NOT pursuing same fees?

10) Can a United States District Court and/or United States Court of Appeals action against the jail?

Question Presented (AI Summary)

Whether a state court can remove children from a parent's custody based solely on hearsay allegations prohibited by state statute, in the absence of jurisdiction

Docket Entries

2024-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2024-07-11
DISTRIBUTED for Conference of 9/30/2024.
2024-01-12
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2024)

Attorneys

Kinley MacDonald
Kinley MacDonald — Petitioner