Preview:

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

JAMES C. MARCELLO, and OLIVIA MARCELLO Plaintiffs, v. STATE OF MAINE, et al. Defendants.

) ) ) ) ) ) ) ) ) )

CV-06-68-B-W

ORDER ON MOTION FOR ORDER OF RELEASE On July 5, 2007, James Marcello moved the Court for an order of release. Pls.' Mot. for Release (Docket # 123). It appears that Mr. Marcello has been arrested and is now in the Penobscot County Jail.1 Id. at 2. He states that the Waterville District Court arrest warrant has been executed; he contends that his arrest is illegal and his imprisonment is false, because these actions are the result of a design by Attorney Jon Haddow and co-defendants Stewart Brooks and Travis Gould to "extort the real estate property of Plaintiff." Id. at 1. He claims the "pledge" attached to the Order authorizing his arrest is an illegal attempt to confiscate his property; he describes the "pledge" as being "larceny at law" and "racketeering activity." Id. at 2. Citing Eastman v. Avery, 23 Me. 248 (1843), he also avers that the "pledge" constitutes a bailment and that to be a bailment under Maine law, the bailee must have the "right to sell," which he implies the state of Maine does not have.

Mr. Marcello gives the address of the Penobscot County Jail as his mailing address together with a number, which the Court assumes is his inmate number.

1

Mr. Marcello has repeatedly invited the Court to vacate the state court order concerning his arrest. 2 In fact, it is fair to characterize his Complaint in this case as an attempt to challenge the legality of the state district court order, which authorized his arrest and imprisonment for contempt of court. Compl.

Download JAW_07092007_1-06cv68_J_MARCELLO_V_MAINE.pdf

Maine Law