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Rashduni v. P. Dente

United States District Court, D. New Jersey

December 27, 2018

CLAUDE RASHDUNI, Plaintiff,
v.
P. DENT(COP 1), THE SUPERIOR COURT OF THE STATE OF NEW JERSEY, JOHN DOE1 COP 3, JOHN DOE2 COP4 GRZEGORZ KINAL COP 2, PETER J. MELCHIONNE, LAURA MEZA, BARBARA COWEN, MARINE MANVELYAN, COUNTY SHERIFF'S OFFICE, MUNICIPAL COURT OF BERGEN COUNTY, Defendants.

          MEMORANDUM OPINION AND ORDER

          HON. KEVIN MCNULTY UNITED STATES DISTRICT JUDGE

         Claude Rashduni brought this action against Defendant Hon. Peter J. Melchionne, J.S.C., the judge presiding over Mr. Rashduni's child custody proceedings, as well as court personnel, Sheriffs Officers, the Municipal Court of Bergen County, Rashduni's ex-wife, and her lawyer.[1]

         On July 26, 2016, 1 filed an opinion and order dismissing the complaint for lack of subject matter jurisdiction. (DE 21, 22) The matter was closed, with no appeal having been taken.

         Plaintiff nevertheless filed a "Ruling Re: Motion for Contempt," in which Mr. Rashduni, in his status "as a sovereign," sought to hold the Court in contempt based on his disagreement with the earlier ruling. I denied the motion, both as a motion for contempt and construed as a motion for reconsideration, on September 1, 2018. (DE 24)

         Plaintiff then filed a "writ of error quae coram nobis resident." Its stated purpose was to "correct defective impromptu process and usurpation of legislative and court powers taken by the magistrate without leave of court." That motion I denied by opinion and order Filed March 1, 2018. (DE 30)

         Plaintiff then filed a "notice and demand," again seeking to overturn the family court proceedings, but seemingly directed at the members of the U.S. Senate Committee on the Judiciary. I considered the motion as one to amend, for reconsideration, or to reopen judgment pursuant to Rules 59 and 60. On August 3, 2018, I denied the motion by order and opinion. (DE 39)

         Now before the Court is the plaintiffs motion for a writ quo warranto. It begins with an elaborate recitation of general principles, extolling the jury system, past presidents, the sovereign people, and religious oaths. It then briefly rehashes Mr. Rashduni's complaints about the child support and custody rulings of the family court in Bergen County.

         The motion requests that the court enter an order

finding that the magistrate rendered and wrote rulings without leave of court; and finding that the orderly decorum of the court was replace by defective impromptu process and usurpation of legislative and court powers without leave of court,
-And, finding that the clerk of the court improperly accepted for filing an order from the magistrate without leave of court,
-And, desiring that fair justice be served for all parties, Counter Defendants as well as Counter Plaintiff,
NOW THEREFORE, THE COURT issues this Writ of Quo Warranto [fn. citation to All Writs Act, 28 U.S.C. § 1651], to wit:
-The court impeaches and rescinds the order entitled ORDER SIGNED ...

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