Eric Drake, aka E. V. Drake v. United States District Court for the Eastern District of Texas
SocialSecurity DueProcess FirstAmendment FourthAmendment JusticiabilityDoctri
Whether the denial of a pro se litigant's right to access the courts through vexatious litigant laws and rulings violates the petitioner's constitutional rights under the First, Fifth, and Fourteenth Amendments
QUESTIONS PRESENTED . Petitioner is a citizen of the United States of America. Pursuant to the U.S. Constitution and the Bill of Rights, he has rights to bring lawsuits, defend lawsuits, give evidence, have access to the courts, and the same protections as white citizens. This case represents a disturbing trend of both state and federal courts in.denying pro se citizens their rights to bring lawsuits in forma pauperis. Several states have vexatious litigant laws to allegedly prevent pro se litigants from bringing lawsuits that have merit without first obtaining permission from an administrative law judge to review the case. Petitioner has been determined as a vexatious litigant in Travis County, | Texas. As a result, the Petitioner has lost over a million dollars In compensation regarding several claims. After being wrongfully declared vexatious by Travis County state court, attorney’s who has signed written agreements to represent Drake in civil litigation have withdrawn from representing him. Other attorneys have refused to represent the Petitioner upon discovering he was wrongfully declared vexatious. In 2014, Petitioner had an accident were he was rearended. Liability was clearly the responsibility of other party. The accident resulted Drake having to undergo surgery on his lumbar spine. However, the judge who was appointed as the ad: _ ° M ii ministrative law judge in Tarrant County, Texas denied Drake the right to file his lawsuit. This action violated the Petitioner’s right to have access to the courts; it was a violation of 42 USC §1981, it violated Petitioners 14th Amendment rights of due process, as well as Drake’s first amendment right of speech (to petition), and Petitioner’s constitutional rights in general. Petitioner hired an attorney in another County in Texas to represent him, and that a judge granted permission to file Drake’s lawsuit, but every attorney that the Petitioner hired withdrew after discovering he was declared vexatious. Unbelievably the state courts allowed those attorneys to withdraw, knowing that Petitioner was recovering from lumbar surgery. Petitioner has been representing himself for over 30years. Defense attorneys of some of the largest law firm in the nation have a lost their cases against the Petitioner. Being embarrassed, defense attorneys have conspired with state and federal judges to declare the Petitioner as a vexatious litigant, thus preventing him from having access to the courts. State judges have misused this statute to wrongfully declare Drake as a vexatious litigant in light of evidence clearly pointing to the fact that his case had merit. In the Travis County litigation, an assistant attorney general for the state of Texas, Scot Graydon, declared the Petitioner as vexatious, with the assistance of Travis County lil courts employees, including judges. The Travis County clerks office destroyed or misappropriated Drake’s pleadings, a court employee who wasn’t qualified to do so, appointed the judge who declared the Petitioner vexatious. The Supreme Court of Texas also weighed in by refusing to accept the Petitioner’s pleadings when he attempted to overturn the wrongfully determined as vexatious. In addition, the Third Court of Appeals ignored evidence and assisted the attorney general’s office in confirming Drake as vexatious. Finally, the assistant , attorney general, Graydon, perjured himself under oath to allow the conviction to take place. There are no avenues for a person to seek help when the states Supreme Court refuses to accept his or her petitions. This Court will not consider a state court case without first having a denial by a state’s Supreme Court. Since this action, the Petitioner has not been able to obtain any . relief. And unless this Court acts, there will be continual irreparable harm caused to the Petitioner. Federal courts have also harmed Drake. If the Petitioner files any litigation in the entire state of Texas in a federal court, or even in another stat