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I guess I had been seeing promotions of Susan Spell and her case against CPS, but had not paid it any attention until Strausie Hart, Sammy Dalke’s No. 1 promoter, posted about it today, August 4, 2019.
After looking at Strausie’s promotion and her reference, I decided this article might be the best option for posting something about it.
It has been proposed, and demonstrated in a number of cases, that habeas corpus in child custody cases is not something the federal courts will consider.
So it is in Susan Spell’s case. She filed one habeas corpus claim and it was quickly dismissed, without prejudice, and her effort to have it reconsidered was denied.
Susan Spell didn’t waste anytime, since the dismissal was “without prejudice”, in filing another habeas corpus. Lot more action and paper in that case, but I can’t see the result being any different, except maybe this time the dismissal will be “with prejudice”.
Clickable Link to Epoch Times Story Date July 31, 2019:
Excerpt From Above Story:
“Spell has also filed a writ of habeas corpus to return her children to her.”
I wasn’t impressed with the Epoch Times coverage.
In March of 2019 Susan Spell filed her first federal habeas corpus suit. It was quickly dismissed and Susan Spell’s effort to have it reconsidered failed. The file below reflects the ORDER disposing of that case.
“…the Court has found it lacks habeas jurisdiction to consider this case…”
Interesting also, maybe, is that Susan Spell also asked for a free, government paid, lawyer to assist her in the above case. Nope! That wasn’t going to happen as the Court so ruled.
Perhaps Susan Spell’s second habeas corpus suit filed shortly thereafter was based on the following comments contained in the above ORDER:
“If petitioner wishes to pursue a civil rights claim against the state actors about whom she complains, she must file a civil rights complaint. Although a district court, after notifying and obtaining informed consent from a petitioner, may construe a habeas petition to plead a civil rights claim if the petition is amenable to conversion on its face … the Court will not do so here … It is not in the interest of judicial economy to convert the Petition into a federal civil rights complaint because the case would, at a minimum, require additional court resources to deal with the problems created by the different filing fees, the absence of information called for by the civil rights complaint form utilized in this district (e.g., whether those sued are sued in an individual or official capacity), and the potential service issues relative to individuals whose conduct is alleged to have deprived petitioner of her constitutional rights.”
Susan Spell’s Second Habeas Petition
I haven’t yet figured out how to get WordPress to post clear copies of clear images which I have in my computer. I have found screenshots of federal docket histories particularly prone to unreadable fuzziness. However, for what it’s worth, following are the 2 screenshots of Susan Spell’s 2 habeas corpus cases. The first screenshot is of the one dismissed, and the 2nd is the one still dragging its way slowly through the process and, quite likely, towards another dismissal if the Court decides not to convert the habeas corpus claim to a civil rights claim.
Update August 6, 2019
It looks like Susan’s second habeas corpus case, despite all her filings therein, is headed towards dismissal as was the first a few weeks ago.
I also found that Susan’s $750,000,000.00 suit was filed in federal court, and not in state court as I had supposed from reading news reports (though she may have also filed in state court. Here is the federal civil rights petition and docket record in that case.
Update August 9, 2019
Susan Spell’s second habeas case gets dismissed, without prejudice, and without appeal certification. So, that should be the end of that.