Help me to Stop J. D. Byrider Used Car Dealership From Selling Flood /Salvage/Rebuilt Vehicles as Good Cars, I was ripped off

  • by: Mabel Allen
  • recipient: Consumers who may be in the market for a used vehicle, and citizens fighting judicial corruption.

I Mabel Allen, purchased a 2007 Chevrolet Trailblazer from J. D. Byrider in Pearl, MS, Barry Biggers, the owner, nor his staff disclosed to me that the vehicle was a salvage vehicle, it caught fire while I, was driving... the money from the Chevrolet Trailblazer, was applied to a 2008 Nissan Altima, of which I got from the Jackson, MS location...  the second day after I purchased the Altima, the catalytic converter went out, the vehicle was inspected by Bolden Body Shop, located in Jackson, MS, Marilyn Bolden the owner, provided me with a document after the vehicle was inspected stated it was a flood vehicle... Gil Elam, J. D. Byrider Sales Manager attempted to swap me into three more vehicles that all turned out to be flood vehicles, after I had them inspected... finally J. D. Byrider refused to allow me to test drive anymore vehicles, and they kept my $8400.00, resold the 2007 Chevrolet Trailblazer, and others I, had inspected... I, am out my money, now J. D. Byrider has found a corrupt Judge in Rankn County, Mississippi to help cover up their scheme.

I Mabel Allen, am asking the public to help me stop this predator company from preying on people, below is a letter I sent to Mississippi Governor Phil Bryant, & Lieutenant Governor Tate Reeves in an effort to hold the Judge accountable... my call for justice is falling on deaf ears... I, have Faith, that all involved in this cover up will be held accountable... please support this campaign... I am disabled, with a herniated disk, and other health problems, my Faith has kept me... Lets stop this predator organization from preying on people seeking a second chance.... I was told by J.D. Byrider staff, that my payments would be reported to the credit bureau, I did not have enough credit history... J. D. Byrider did not report any of my payments... I, was never late:

Below Letter was sent February 6, 2019

Honorable Governor Phil Bryant
P.O. Box 139
Jackson, MS 39205
Re: Impeachment Complaint against Rankin County Circuit Court Judge John H. Emfinger, and, a request to have Judge John H. Emfinger removed from serving as an Alternate Member of the Mississippi Commission on Judicial Performance.

With Respect Governor Phil Bryant, I Mabel Olympia Allen, have submitted you, and, Mississippi Lieutenant Governor Tate Reeves my complaint to have Judge John H. Emfinger impeached, for the following reasons;
1. Judge John H. Emfinger violated Cannon 2, I Mabel Allen am an individual, not a corporation, and, I, reside in Hinds County, Mississippi, by law any Circuit Court action filed against me, must take place in Hinds County, Mississippi; Universal Citation: MS Code § 11-11-3 (2013)(1) (a) (i) Civil actions of which the circuit court has original jurisdiction shall be commenced in the county where the defendant resides, or, if a corporation, in the county of its principal place of business, or in the county where a substantial alleged act or omission occurred or where a substantial event that caused the injury occurred. CANON 2 A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all activities. A judge shall respect and comply with the law.
2. Moreover, I Mabel Allen filed my Civil Case First: Hinds County Case #: 25Co1:18-cv-00619-LCS, Date Opened 02/15/2018, and Judge John H. Emfinger, allowed Barry Biggers et. al, abscond from civil justice in Hinds County, Mississippi, and make themselves the plaintiffs in Rankin County, Mississippi; Case # : 61 C11 : 18-cv-0068, Date Opened 04/13/2018;

A plaintiff is the person who initiates a court action by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights. A plaintiff is sometimes called a petitioner. The party who begins an action; the party who complains or sues in an action and is named as such in the court's records.

3. Furthermore, I Mabel Allen, state, on September 26, 2018 Judge John H. Emfinger violated Rule 11(b), and, Cannon 2, in showing impartiality, by allowing Attorney Michael O. Gwin to argue a spontaneous motion to have I, Mabel Allen sanctioned (that was not filed with the Court, nor was I served) for filing a rebuttal pleading to Attorney Michael O. Gwin motion to show cause, and Judge John H. Emfinger, refused to allow I, Mabel Allen, upon my request to Judge John H. Emfinger, to allow I, Mabel Allen, pro se litigant, an opportunity to respond on the record, to Attorney Michael O. Gwin oral arguments, to have I, Mabel Allen sanctioned… instead Judge John H. Emfinger, denied my request, and, threatened to sanction I, Mabel Allen, if I filed anything else in his court other than an appeal, which violated my civil rights as pro se counsel to file a Motion for Reconsideration of Judge John H. Emfinger ruling to hold in abeyance the Motion to Show Cause;
I Mabel Allen, present the following case citation; "If a judge continues to commit a legal error after the mistake has been drawn to the judge's attention, the judge commits judicial misconduct as well as legal error. For example, in In the Matter of Burke, Determination (New York State Commission on Judicial Conduct (April 21, 2014) (http://www. cjc.ny.gov/Determinations/B/Burke.Edward.D.htm), the judge imposed $150 fines on defendants who pled guilty to parking violations even after the court clerk informed all the judges on the court that she had learned at a training conference that the maximum fine was $150. Despite that notice, the judge continued, for over two years and in over 200 cases, to impose fines greater than $150. The New York Commission stated, that even if the judge "was not required to accept the clerk's advice at face value, her comments put him on notice of an important issue and should have prompted him to make sure he was acting in compliance with the law." … https://www.ncsc.org/~/media/Files/PDF/Topics/Center%20for%20Judicial%20Ethics/JCR/JCR%20Fall%202014.ashx

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions… https://www.law.cornell.edu/rules/frcp/rule_11

(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for

I Mabel Allen, state Judge Joh H. Emfinger, showing partiality, refused to allow I, Mabel Allen, to argue on the record, my Rankin County Document 54, of which I properly filed with the Court, and served Michael O. Gwin. I Mabel Allen, present the following case citation; The fundamental tenet that the rules of procedure should work to do substantial justice, commands that judges painstakingly strive to insure that no person's cause or defense is defeated solely by reason of their unfamiliarity with procedural or evidentiary rules. . . . Cases should be decided on the merits, and to that end, justice is served by reasonably accommodating all parties, whether represented by counsel or not. This "reasonable accommodation" is purposed upon protecting the meaningful exercise of a litigant's constitutional right of access to the courts. Blair v. Maynard, 324 S.E.2d 391 (West Virginia 1984)…. https://www.ncsc.org/~/media/Files/PDF/Topics/Center%20for%20Judicial%20Ethics/JCR/JCR%20Fall%202014.ashx

I Mabel Allen, present the following case citation; "Judge Gormley knew, or should have known, that she was acting erroneously in this case, but proceeded to plow forward without regard for fundamental rights and with a disregard for the law." Similarly, in Woolbright, 12-051, Order (Arizona Commission Judicial Conduct August 21, 2012) (http://www. azcourts.gov/azcjc/PublicDecisions.aspx)… https://www.ncsc.org/~/media/Files/PDF/Topics/Center%20for%20Judicial%20Ethics/JCR/JCR%20Fall%202014.ashx

Mississippi judges may be removed in one of three ways:
• On the recommendation of the commission on judicial performance, the Supreme Court may censure, remove, or retire a judge.
• Judges may be impeached by two thirds of the House of Representatives and removed by the senate.
• Judges may be removed by the governor on the joint address of two thirds of both houses of the legislature.
CANON 1 A Judge Shall Uphold the Integrity and Independence of the Judiciary An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. The provisions of this Code should be construed and applied to further that objective. Commentary Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges. The integrity and independence of judges depends in turn upon their acting without fear or favor. Although judges should be independent, they must comply with the law, including the provisions of this Code. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this Code diminishes public confidence in the judiciary and thereby does injury to the system of government under law.
CANON 2 A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All Activities A. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Commentary Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny. A judge must therefore accept restrictions on the judge's conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. The prohibition against behaving with impropriety or the appearance of impropriety applies to both the professional and personal conduct of a judge. Because it is not practicable to list all prohibited acts, the proscription is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules or other specific provisions of this Code. The test for appearance of impropriety is whether, based on the conduct, the judge's impartiality might be questioned by a reasonable person knowing all the circumstances.

In Conclusion, Honorable Governor Phil Bryant, I Mabel Allen, was assured by Phillip Gunn office, that my complaint would be placed on his desk for review for the 2019 legislative term, instead, I Mabel Allen, have been blocked via email from sending Speaker Philip Gunn pertinent documents, which I, cannot afford to print, and, my complaint is being ignored.
Moreover, I Mabel Allen, state to you Honorable Governor Phil Bryant, and Lieutenant Governor Tate Reeves, that, in my analytical opinion Judge John H. Emfinger is being held hostage by attorney Michael O. Gwin, I, firmly believe Judge John H. Emfinger, attempted to do the right thing (I Mabel Allen, filed Rankin County Document 54, warning Judge John H. Emfinger of Attorney Michael Gwin illegal actions). Unfortunately, Attorney Michael O. Gwin, continues to demonstrate great disrespect to the law, and, Judge John H. Emfinger... in my analytical opinion, Attorney Michael O. Gwin, has some secret on the Judge, I, state this, because, when Judge Joh H. Emfinger, entered the Courtroom on September 26, 2019, he appeared shaken, flush, and, stated we are not supposed to be here, I sent this case to arbitration, and I have no jurisdiction over the 2008 Nissan Altima.
Hence, I Mabel Allen, state that on August 25, 2018, I felt the true essence of Judge John H. Emfinger, and I, filed a Motion to Dismiss my Counter Claim, and documents proving that I filed in Hinds County Court, to Dismiss the Chevrolet Trailblazer from my Hinds County case… I Mabel Allen, did this solely because, Judge John H. Emfinger would be removed from any involvement of impropriety, or collusion with Attorney Michael O. Gwin… instead, Attorney Michael O. Gwin, and his clients, in lieu of settling this case for $5000.00, chose to drag Judge John H. Emfinger, and, Denise Banyard of Mississippi Department of Motor Vehicles, into their scheme to continue to deprive Mississippi Consumers right not to be defrauded in their vehicle purchases. I Mabel Allen, am a forgiving person, and, my document 54, was a way out for Judge John H. Emfinger, of Attorney Michael O. Gwin trap… I, was prohibited from arguing it on the record… Governor Phil Bryant, if Attorney Michael Gwin, and his clients are not stopped from selling flood/salvage/rebuilt vehicles to consumers, they will continue to run their scheme in Rankin County Circuit Court… I Mabel Allen, believe Judge John H. Emfinger, has made a mistake, but, I Mabel Allen, believe Judge John H. Emfinger, must work with you to remove Attorney Michael O. Gwin, and his clients from ever promoting this scheme on another individual…. If not stopped now, Judge John H. Emfinger, would never be able to run his Courtroom effectively, because Attorney Michael O. Gwin, in my opinion has something on him, and will continue to file cases in Rankin County.
I Mabel Allen look to you Honorable Governor Phil Bryant, and Lieutenant Governor Tate Reeves, to do what is right regarding my complaint, please make sure it is not being buried… I have great respect for you both… I believe after this ordeal Judge John H. Emfiger, would be a better Judge… but not if Attorney Michael O. Gwin, is allowed to continue to run his Court… Judge John H. Emfinger, needs your help to remove this parasite Michael O. Gwin, from him.

Mabel Olympia Allen

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