Federal Complaint Filed 10/19/2018

October 19, 2018


On May 22, 2015, I, Phillip Hudok, filed a complaint consisting of numerous writs of mandamus against then Governor Earl Ray Tomblin, State Attorney General, Patrick Morrisey, and the West Virginia Legislature in the West Virginia Supreme Court of Appeals (Exhibit A - filing stamp). On June 5, 2015 the court assigned my complaint Case # 15-0491 (Exhibit B). On September 4, 2015, an amendment to Case # 15-0491 was filed to include the five supreme court justices, Margaret L. Workman, Robin Jean Davis, Brent D. Benjamin, Menis E. Ketchum II, and Allen H. Loughry II (Exhibit C - filing stamp). To this day, I have never received notice of finding of fact and coclusions of law concerning Case # 15-0491. When communicating with Attorney General, Patrick Morrisey on January 3, 2016, Mr Morrisey said he could not communicate with me further concerning Case # 15-0491 as it was still an active case against the state of West Virginia (Exhibit D). When the West Virginia House of Delegates was deliberating on impeachment of Justices, Margaret L. Workman, Robin Jean Davis, and Allen H. Loughry II, I sent the aforementioned information and documents to the impeachment committee. The committee members failed to follow up and question me.  Before the trials commenced in the West Virginia Senate, I sent certified, return receipt letters to the Senate President, Mitch Carmichael, and House of Delegate head of the impeachment committee, John Shott, the same documents and information (Exhibit E). I received no response. On September 27, 2018, I filed a complaint with the Deputy Assistant Attorney General, Anthony Martin (Exhibit F). Again, no response was ever received. Having exhausted all remedies for due process, on October 2, 2018, I filed a third party intervener request in the upcoming West Virginia Senate trials of  Margaret Workman, Robin Davis, and Allen Loughry with the Senate Clerk of the Impeachment Trials and the Presiding Officer of the Court (Exhibit G - cover letter). No response to my request has been received. Twice the Elkins Inter-Mountain newspaper has published, front page, the amending of Case #15-0491 to include the justices and the lack of noticing me of fact and conclusion of law (Exhibit H). No contesting of the Inter-Mountain “case of the missing case” articles has ever been made by anyone.

(Declarations of Service)