Scott Huminski_ _ _ _ _ _ _ _ _ _ _ _ _ _ Sonia Sotomayor
At 12:56 30/12/2009, Scott Huminski wrote:_______________________
Here's one for you Joe......
http://www.ca2.uscourts.gov/decisions/isysquery/cb42154f-30e6-47ee-ae7c-d8e4c3acc2e5/1/doc/03-7036_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/cb42154f-30e6-47ee-ae7c-d8e4c3acc2e5/1/hilite/
Joseph Zernik wrote:
Suspect Fraud Order
US Court of Appeals for the Second District
Scott Huminski v Town of Bennington, Vermont (No. 03-7036)
Date: Wed, 30 Dec 2009 13:04:41 -0800
To: lawsters@googlegroups.com
From: jz12345@earthlink.net
Subject: RE: Alleged large scale fraud in PACER &; CM/ECF at the United States courts.
You sent it with no NEF at all. Did it come with one more paper?
Please check the sample NEF, which I posted in wikipedia, above your certificate of service. If you click on it, you see it enlarged.
http://en.wikipedia.org/wiki/File:Nef-w-digital-sig-us-court-eastern-dist-cal.jpg
Truly,
Joseph Zernik
http://inproperinla.blogspot.com/
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
To be added soon- deep house music!
At 13:18 30/12/2009, Scott Huminski wrote:
To the best of my recollection, i have never received a nef. All districts have different rules. I know that after one of my pleadings was scanned, i noticed that the court missed an attachment, so i called the clerk, she retrieved the paper copy from file and corrected the pacer version. As they can always go back to paper at least in the Vermont district, i wonder if they even issue these nefs. The Vermont us district has no pro se department, no magistrates and perhaps keeps paper records still. What do the local rules say for US District Court (Vermont)? -- scott
Wed, 30 Dec 2009 13:44 Joseph Zernik Wrote
Date: Wed, 30 Dec 2009 13:44:12 -0800
To: lawsters@googlegroups.com
From: joseph zernik
Subject: RE: Alleged large scale fraud in PACER & CM/ECF at the United States courts.
Hi Scott:
FYI:
I just called the office of the Clerk of the Court, US Court of Appeals, 2nd District. I spoke with Jennin Cook, Executive Assistant to the Clerk of the Court:
- I stated that I wanted a copy of the NEF (Notice of Electronic Filing) of the order in your case.
- First - she tried to say that she did not know what I was talking about.
- Later - she asked if I were a party to the case.
- In response - I stated that I was not. However, I requested to access the NEF pursuant to Nixon v Warner Communications, Inc (1978).
- In reply - she flatly denied my request.
Would you please try to call her yourself? 212-857-8702 Jennin Cook.
I would be glad to pay for the call and the one page copying charge.
You may have presented evidence of fraud by a US Supreme Court Justice.
Could you please make a short declaration that you received it by mail from the court? (since you stated that you did not keep the envelopes).
Truly,
Joseph Zernik
http://inproperinla.blogspot.com/
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
To be added soon- deep house music!
Wed, 30 Dec 2009 14:26 Joseph Zernik Wrote:
Date: Wed, 30 Dec 2009 14:26:24 -0800
To: lawsters@googlegroups.com, "scott huminski"
From: joseph zernik
Subject: RE: Alleged large scale fraud in PACER & CM/ECF at the United States courts.
Hi Scott:
Forget the Vermont court. The fact that Sonia Sotomayor, a Supreme Court Justice was involved in the case at the 2nd Circuit makes it by far more interesting. My experience with the 9th district, Chief Judge Alex Kozinski, and also the experience of Richard Fine in jail with the 9th district, was exactly like yours. They sent the orders of denial with no NEFs at all, and unsigned. I consider it:
Depending on the method of accounting, in that one mailing of one order, Sonia Sotomayor and her buddies possibly committed more than sufficient number of predicated acts for conviction on racketeering!
- a) Fraud - pursuant to state law
- b) Misprision of felonies of the lower court (assuming we can prove the Kozniski fraud on you in Vermont)
- c) Mail Fraud
- d) Perversion of Justice
- e) Deprivation of implied guarantee for honest services
- f) Denial of access to the court
- g) you could probably find more sections that applied.
I was party in interest in the case of Richard Fine at the 9th District, and asked for the NEF. To this date, I never received it.
Please do me the favor and ask for the NEF from Jennin Cook at 2nd District. Too late today, but tomorrow. It is her direct number, it would take you no more than 1 minute.
Truly,
Joseph Zernik
http://inproperinla.blogspot.com/
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
To be added soon- deep house music!
At 13:28 30/12/2009, Scott Huminski wrote:Date: Wed, 30 Dec 2009 14:17:44 Joseph Zernik wrote:
Public access to (most) court documents is a well documented 1st amendment right. This is not a sealed case and does not concern a minor or any of the other exceptions to access. You can get any document you want from the US Second Circuit Court of Appeals. A litigant has no enhanced right of access than the public in this case. Much more disturbing to me is Sotomayor's use of the wrong standard of appellate review in summary judgment cases. Should be de novo, she (her robot law clerk) used review for reversable error. -- scott
To: lawsters@googlegroups.com, "scott huminski"
From: joseph zernik
Subject: RE: Alleged large scale fraud in PACER & CM/ECF at the United States courts.
Dear Scott:
December 29, 2009 Los Angeles District Court , in person
That was the subject of discussion yesterday in my visit to US District Court in LA. The Records Supervisor of the Court, with whom I have been communicating for half a year on the subject claims:
First - that it was not permitted per General Order 08-02. I challenged her on that, from memory, and I was right.
Second - she said that the NEF included personal information. I challenged her on that - any information in the NEF is also present in the Attorneys and Parties page of PACER.
At the end, she simply said I was not permitted to see these pages. I
I asked why, and she said she would research the issue, and get back to me hopefully by mid-January.
December 30, 2009, US Court of Appeals, 2nd District, by phone
I just did the experiment and reported to you the results.
Total experience to this date
There is a reason why they denied me access to these records in:
DISTRICT COURTS
COURT OF APPEALS
- Los Angeles
- New York
- Pittsburgh
- Houston
Just asking you the favor of calling Jennin Cook and asking for a copy of one single page.
- 9th Circuit (my case, case of Richard Fine)
- 2nd Circuit (your case)
Truly,
Joseph Zernik
http://inproperinla.blogspot.com/
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
To be added soon- deep house music!
Date: Wed, 30 Dec 2009 15:00:13 Joseph Zernik wrote:
To: lawsters@googlegroups.com, "scott huminski"
From: joseph zernik
Subject: RE: Alleged large scale fraud in PACER & CM/ECF at the United States courts.
Hi Scott, Hi all:
If you look back, the very first message in this series, about the cathedral, pricey parking, Hollywood retail woes... The bottom line was -
REPEAL OF THE FIRST AMENDMENT RIGHTS BY ACTIVIST JUDGES - WITH NO NOTICE TO THE AMERICAN PEOPLE!
Access to court records is not written in the First Amendment per se, but it was construed into it by the US Supreme Court in Nixon V Warner Communications, inc (1978). The Supreme Court in its decision said that it was not inventing any new right, it was anyway a common law right, but the Supreme Court re-affirmed it as First, Fifth/Fourteens, and Sixth Amendments right, depending on the situation.
I have tested it by now in the courts that I listed before - they all denied it.
Truly,
Joseph Zernik
http://inproperinla.blogspot.com/
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
To be added soon- deep house music!
P.S. That's how discussion got to Beyonce Knowls -
I claimed that Habeas Corpus - like the one by Richard Fine, and the First Amendment right to access court records, were connected at the hips.. They were from about the same period - late middle ages.
In Los Angeles County, and elsewhere in the US, in 2010, thanks to new computer systems, we are fighting to restore medieval rights!!!
Patriotic hips by Beyonce!
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All comments are welcome... especially any tips regarding corruption of the courts in Los Angeles. Anonymous tips are fine. One simple way to do it is from internet cafes, etc.