In the United States District Court for

For the Western District of Missouri

Southern Division

Marc Perkel,

Plaintiff,

Vs

James R. Sharp et al,

Defendants,

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Case: 99-3144-CV-S-RGC

 

Affidavit of Marc Perkel to Recuse Judge Clark

COMES NOW, Plaintiff Marc Perkel to swear to this court that to his best knowledge and belief that the following facts are true:

  1. That on April 22nd 1999 that I filed a federal civil rights lawsuit (this case) alleging that Judge Clark conspired with the named defendants to deprive the plaintiff of his right to due process of law. Specifically:
  2. Paragraph 65 States:

    Plaintiff believes that Judge Clark, in allowing defendants to represent defendants, and in allowing the Office of the Attorney General to improperly represent Judge Syler, and to fail to act on the Plaintiff's injunction to recuse Judge Syler in the state case, and to ignore the criminal activity of these Defendants, and to conceal the misconduct of Judge Syler, Judge Hanna, and Assistant Attorney General Vogel, and to protect the insurance funds of The Bar Plan, and in order to prevent a pro se litigant from wining a significant suit against attorneys, acted in furtherance of the conspiracy in behalf of these Defendants in order to protect these defendants from liability and the State Actors from disciplinary proceedings.

    Count 15 States:

    Obstruction of Justice - Plaintiff respectfully contends that the foregoing facts indicate that the defendants conspired with Judge Syler, Judge Hanna, Judge Clark, and Laura Vogel to obstruct justice within the meaning of Title 42 USC § 1985(2).

  3. That Judge Clark must have read the pleading and has to know pursuant to Title 28 Section 455 that he can't hear a case that makes the allegations in the preceding paragraph.
  4. That the obstruction and conspiracy to obstruct alleged against Judge Clark includes his conduct relating to federal case number 98-3040-CV-S-3-RGC and a state case number 197CC0170 and are extrajudicial to this case.
  5. That the only reason that Judge Clark is not a defendant is because of judicial immunity.
  6. That I now have an ethics complaint in progress against Judge Clark filed in the Eighth Circuit Court of Appeals pursuant to Title 28 Section 372.
  7. That because of the accusations of criminal wrongdoing alleged against Judge Clark in this lawsuit, as well as conspiracy to obstruct justice, that Judge Clark has an extrajudicial personal interest in the outcome of this case and would be biased.
  8. Judge Clark has a personal bias or prejudice concerning the defendants, who he is accused of conspiring with, and has personal knowledge of disputed evidentiary facts concerning the proceeding and therefore may become a material witness.
  9. I believe that Judge Clark is attempting to dismiss this case and refuses to recuse himself in order save his own skin and that in that role he was not acting as a judge, and his dismissal of this case is void.
  10. Pursuant to Title 28 Section 144, I certify that this affidavit is made in good faith.
  11. Further affidavit saith not.

State of Missouri

________________________________

Marc Perkel

County of Greene

Subscribed and Sworn to me this 7th day of May 1999.

 

________________________________

Notary Public

 

My Commission expires: _________________________

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