COMPLAINT

IN THE XXXX DISTRICT COURT
FOR THE DISTRICT OF XXXX

Civil Action No.
(To be supplied by the court)

XXX
, Plaintiff
v.

XXX, in his official capacity
, Defendant(s).
(List each named defendant on a separate line. If you cannot fit the names of all defendants in
the space provided, please write “see attached” in the space above and attach an additional
sheet of paper with the full list of names. The names of the defendants listed in the above
caption must be identical to those contained in Section B. Do not include addresses here.)

COMPLAINT

NOTICE

Federal Rule of Civil Procedure 5.2 addresses the privacy and security concerns resulting from
public access to electronic court files. Under this rule, papers filed with the court should not
contain: an individual’s full social security number or full birth date; the full name of a person
known to be a minor; or a complete financial account number. A filing may include only: the
last four digits of a social security number; the year of an individual’s birth; a minor’s initials;
and the last four digits of a financial account number.
Plaintiff need not send exhibits, affidavits, grievances, witness statements, or any other
materials to the Clerk’s Office with this complaint.

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A. PLAINTIFF INFORMATION
You must notify the court of any changes to your address where case-related papers may be
served by filing a notice of change of address. Failure to keep a current address on file with the
court may result in dismissal of your case.
KELLY MCGOFFNEY
(Name and complete mailing address)

(Telephone number and e-mail address)
B. DEFENDANT(S) INFORMATION
Please list the following information for each defendant listed in the caption of the complaint. If
more space is needed, use extra paper to provide the information requested. The additional
pages regarding defendants should be labeled “B. DEFENDANT(S) INFORMATION.”

VINCENT N. RAHAMAN

Defendant 1:

(Name and complete mailing address)
XXXX
(Telephone number and e-mail address if known)

C. JURISDICTION
Identify the statutory authority that allows the court to consider your claim(s): (check one)
Federal question pursuant to 28 U.S.C. § 1331 (claims arising under the Constitution,
laws, or treaties of the United States)
List the specific federal statute, treaty, and/or provision(s) of the United States
Constitution that are at issue in this case.
28 U.S.C. § 1331 because the Complaint alleges a violation of the Constitution’s Due
Process rights, and a violation of the Administrative Procedure Act (“APA”), 5 U.S.C. §
551 et seq.
28 U.S.C. § 1332 because the Plaintiff and Defendant are from different states.

Diversity of citizenship pursuant to 28 U.S.C. § 1332 (a matter between individual or

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corporate citizens of different states and the amount in controversy exceeds $75,000)
Plaintiff is a citizen of the State of INDIANA .

Defendant 1 is an individual, Defendant 1 is a citizen of COLORADO
(If more than one defendant is named in the complaint, attach an additional page
providing the same information for each additional defendant.)
D. STATEMENT OF CLAIM(S)
State clearly and concisely every claim that you are asserting in this action. For each claim,
specify the right that allegedly has been violated and state all facts that support your claim,
including the date(s) on which the incident(s) occurred, the name(s) of the specific person(s)
involved in each claim, and the specific facts that show how each person was involved in each
claim. You do not need to cite specific legal cases to support your claim(s). If additional space
is needed to describe any claim or to assert additional claims, use extra paper to continue that
claim or to assert the additional claim(s). Please indicate that additional paper is attached and
label the additional pages regarding the statement of claims as “D. STATEMENT OF CLAIMS.”

CLAIM ONE: VIOLATION OF DUE PROCESS RIGHTS
Supporting facts:
XXXX (hereinafter “decedent”), Plaintiff’s father, passed away on XXXX
XXXX, CO. He was born in XXXX. Prior
to the decedent relocating to Colorado he supposedly had four children out of wedlock and one
while XX in holy matrimony. Plaintiff, who resides in Indiana, had no idea that his father, the
decedent, had passed away until 6 weeks later when he learnt about it from someone on social
media.
Since, the Plaintiff has experience with Probate issues and performs investigations, she located an
obituary and an Estate that had been opened in El Paso County located in XXX
Colorado. Someone had forged the will and presented a copy to the El Paso Clerk. Plaintiff
intervened six weeks later only to discover, that the individual had been appointed as the personal
rep. and the required notice for magistrates to preside pursuant to Colorado law for Magistrates
CRM 5 (g) had not been complied with. Pursuant to Rule 5(g) of the Colorado Rules for
Magistrates, if an Estate is assigned to the Magistrates Division, all parties have to be notified and
allowed fourteen days to object to a magistrate presiding over their case. Accordingly, the El
Paso Clerk was supposed to mail out a Notice of Assignment to the Magistrates Division to all
parties. However, the notice has never been mailed to the parties in the past 15 years until Plaintiff
brought it to the Magistrate’s attention. The magistrate then created a list of new rules going
forward without addressing all of the cases that never received the notice.

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After Plaintiff raised this issue with the Colorado Probate Court regarding this Magistrate Rule 5
(g) not being followed, the magistrate who presided in our case created a new list of rules for
litigant’s going forward. See the New Notice that this judge began issuing after he ruled in our
case and won’t correct this error with our case. Then, my former counsel named XXXX apprised me that he as an attorney never received this notice for any of his probate cases
for 20 years.
In the instant action, the Defendant violated Plaintiff’s due process rights by taking away her right
to be notified of the proceedings in the Magistrate Division. The failure to notify the parties in the
case pursuant to CRM 5(g) amounts to a violation of due process rights, as seen in the foregoing
jurisprudence from the Courts. Further, after failing to duly notify all parties, the magistrate then
created a list of new rules going forward without addressing all of the cases that never received
the notice. This also amounts to a blatant violation of the Plaintiff’s due process rights.
CLAIM TWO: MANDAMUS pursuant to 5 U.S.C. §§ 555(b) and 706(1) et seq.
Supporting facts:
A mandamus plaintiff must establish that (1) he or she has a clear right to the relief requested; (2)
the defendant has a clear duty to perform the act in question; and (3) no other adequate remedy is
available.
According to C.R.M. 3(f)(1)(A), there are three ways in which a “a party is deemed to have
consented to a proceeding before a magistrate….” One of them is when a “party has been provided
notice of the referral, setting, or hearing of a proceeding before a magistrate” and the party does
not “file a written objection within 14 days of such notice….” C.R.M. 3(f)(1)(A)(ii). Cases that
magistrates hear absent the required consent are null and void. See C.R.M 7.
Plaintiff avers that taking a lawsuit right may be a taking of property under the 14 th /5 th
Amendment rights or state bill of rights property takings provisions. See Logan v. Zimmerman
Brush Co., 455 U.S. 422, 428 (1982); see also Webb’s Fabulous Pharmacies, Inc. v. Beckwith,
449 U.S. 155 (1980). Further, the U.S. Supreme Court and Federal Circuit have made clear that
judicial takings can happen. See: “Barton H. Thompson, Jr., Judicial Takings, 76 Va. L.Rev. 1449
(1990) (examining the history and evolution of judicial taking jurisprudence)” Smith v. United
States, 709 F.3d 1114, 1117 (Fed. Cir. 2013). See also, Chicago, Burlington & Quincy Railroad
Co. v. Chicago, 166 U.S. 226, 236 (1897) (“Notice to the owner to appear in some judicial
tribunal and show cause why his property shall not be taken for public use without compensation
would be a mockery of justice.”); Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155,
164 (1980).
In the instant action, the Plaintiff has a clear right of relief. The magistrate failed to provide notice
as required under C.R.M. 5(g). The magistrate was obliged by the mentioned law to provide a
notice to Plaintiff and other parties. Defendant’s failure to provide the said notice therefore
amounts to a blatant disregard of the law and a violation of Plaintiff’s due process rights. Lastly,
Plaintiff has no other adequate remedy in the circumstances. The magistrate lacks jurisdiction
over the case, which therefore nullifies any proceeding in the case. The magistrate should

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therefore be ordered to properly fulfill their official duty to notify all parties in the case, and thus
correct its abuse of discretion. See, Cheney v. XXXX
E. REQUEST FOR RELIEF
State the relief you are requesting or what you want the court to do. If additional space is needed
to identify the relief you are requesting, use extra paper to request relief. Please indicate that
additional paper is attached and label the additional pages regarding relief as “E. REQUEST
FOR RELIEF.”
Plaintiff requests this Court to issue an Order granting:
1. Preliminary injunction.
Plaintiff should be awarded a preliminary injunction so that the El Paso Clerk will
identify all of the cases that were denied their due process of receiving this required
notice.
2. A writ of Mandamus.
A writ of Mandamus should be awarded so the Magistrate may send a notice to all parties
as required under the law.
3. Damages for the violation of Plaintiff’s due process rights;
4. Any other Order this Court deems just.
F. PLAINTIFF’S SIGNATURE
I declare under penalty of perjury that I am the Plaintiff in this action, that I have read this
complaint, and that the information in this complaint is true and correct. See 28 U.S.C. § 1746;
18 U.S.C. § 1621.
Under Federal Rule of Civil Procedure 11, by signing below, I also certify to the best of my
knowledge, information, and belief that this complaint: (1) is not being presented for an improper
purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) is supported by existing law or by a nonfrivolous argument for extending or modifying
existing law; (3) the factual contentions have evidentiary support or, if specifically so identified,
will likely have evidentiary support after a reasonable opportunity for further investigation or
discovery; and (4) the complaint otherwise complies with the requirements of Rule 11.
KELLY MCGOFFNEY
(Plaintiff’s signature)

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(Date)

CERTIFICATE OF SERVICE

I hereby certify on the ____________day of _______________,XXXX that a true and correct
copy of the foregoing Complaint was served by placing a copy in the United States Postal
Service, with postage prepaid, addressed upon the following:
SERVICE ON:
Defendant:
XXXX

______________________________
XXX.
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