Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750; fax: 801 998-0917; email: jz12345@earthlink.net
10-01-01 Review of NEFs in Zernik v Connor et al (2:08-cv-01550) as received from US District Court on December 29, 2009
Table 1. NEFs in Zernik v Connor (2:08-cv-01550)
Complaint was filed March 6, 2008 against 10 judges of the Superior Court of California, County of Los Angeles, pursuant to Deprivation of Rights under the Color of Law - 42 USC §1983. It was further alleged that conduct of such judges and others, in collusion with Countrywide and Bank of America Home Loans amounted to violation of the Racketeering Influenced and Corrupt Organization Act (RICO) 18 USC § 1961–1968. Access to NEFs was allowed only by December 29, 2009, and data from NEFs was compiled in the table below.
Dkt # - Requested NEFs | Rec'd [Y/N] | RSA Digital Sig [Y/N] | Parties & Counsel listed as recipients of NEF by email | Notes | |
1. | Dkt #01- March 6, 2008 Verified Complaint | Y | Y | None | 1. RSA Sig – incomplete 2. Requesting clarification by office of the clerk |
2. | Dkt # Unnumbered – March 5, 2008 Issuance of Summonses | Y | N | None | 1. Therefore – no valid and effectual summonses were issued in this case |
3. | Dkt #04 – March 5, 2008 Notice of Reference to magistrate | Y | N | None | 1. Therefore – No Magistrate had honest, valid and effectual authority in the case |
4. | Dkt #05 – March 6, 2008 Plaintiff Ex pate Application for TRO | Y | Y | None | 1. RSA Sig – incomplete 2. Requesting clarification by office of the clerk |
5. | Dkt #09 – March 6, 2008 Reassignment | Y | N | None | 1. Therefore – recusal of Judge Letts was invalid and ineffectual |
6. | Dkt #10 – March 7, 2008 Reassignment | Y | N | None | 1. Therefore- Recusal of Magistrate Nagle was invalid and ineffectual |
7. | Dkt #14 – March 21, 2008 Minutes by Judge Virginia Phillips | Y | N | 1. John W Patton - | 1. March 21, 2008 Minutes by Judge Virginia Phillips – denying the TRO were dishonest, invalid and ineffectual. |
8. | Dkt #27 – March 31, 2008 Minutes by Magistrate Carla Woehrle | Y | N | 1. John W Patton 2. Michael L Wachtell 3. Sarah L Overton | 1. March 31, 2008 Minutes by Magistrate Carla Woehrle, ordering Plaintiff to execute Summonses were dishonest, invalid, and ineffectual |
9. | Dkt #33 – April 18, 2008 Minutes by Magistrate Carla Woehrle | Y | N | 1. John W Patton 2. Michael L Wachtell 3. Sarah L Overton | 1. April 18, 2008 Minutes by Magistrate Carla Woehrle, in re: Motion to Dismiss were dishonest, invalid, and ineffectual. |
10. | Dkt #43 – POS for Summonses Returned Executed | Y | Y | 1. John W Patton 2. Michael L Wachtell 3. Sarah L Overton | 1. RSA Sig – incomplete 2. Requesting clarification by office of the clerk 3. Notice that such entry was in re: Summonses that were never effectually issued. 4. Notice that such entry was in re: Summonses that were adulterated by Pro Se Clerk Chris Sawyer. |
11. | Dkt #57 – May 15, 2008 Minutes by Magistrate Carla Woehrle | Y | N | 1. John W Patton 2. Michael L Wachtell 3. Sarah L Overton | 1. May 15, 2008 Minutes by Magistrate Carla Woehrle, in re: Ordering Plaintiff not to file anything in court were dishonest, invalid, and ineffectual. |
12. | Dkt #59 – May 22, 2008 Reply on Motion to Dismiss | Y | Y | 1. John W Patton 2. Michael L Wachtell 3. Sarah L Overton | 1. RSA Sig – incomplete 2. Requesting clarification by office of the clerk |
13. | Dkt #62 – First Amended Complaint | Y | Y | 1. John W Patton 2. Michael L Wachtell 3. Sarah L Overton | 1. RSA Sig – incomplete 2. Requesting clarification by office of the clerk |
14. | Dkt #63 – June 6, 2008 Minutes by Magistrate Carla Woehrle | Y | N | 1. John W Patton 2. Michael L Wachtell 3. Sarah L Overton | 1. June 6, 2008 Minutes by Magistrate Carla Woehrle, in re: Finding Moot Plaintiff’s Ex Parte Application for Reconsideration of June 6, 2008 Order not to file anything in court were dishonest, invalid, and ineffectual. |
15. | Dkt #68 – Motion to dismiss First Amended Complaint. | Y | Y | 1. Kathryn E DiCarlo 2. Sarah L Overton 3. John W Patton Jr 4. Michael L wachtell | 1. RSA Sig – incomplete 2. Requesting clarification by office of the clerk |
| | Dkt #69 – Motion to dismiss | Y | Y | 1. Kathryn E DiCarlo 2. Sarah L Overton 3. John W Patton Jr 4. Michael L wachtell | 1. RSA Sig – incomplete 2. Requesting clarification by office of the clerk |
| | Dkt #70 – June 6, 2008 Minutes by Magistrate Carla Woehrle | Y | N | 1. Kathryn E DiCarlo 2. Sarah L Overton 3. John W Patton Jr 4. Michael L wachtell | 1. June 6, 2008 Minutes by Magistrate Carla Woehrle, in re: Motions to Dismiss were dishonest, invalid, and ineffectual. |
| | Dkt #77 – June 6, 2008 Minutes by Magistrate Carla Woehrle | Y | N | 1. John W Patton 2. Michael L wachtell 3. Sarah L Overton 4. Jenna Moldawsky 5. Kathryn E DiCarlo | 1. June 6, 2008 Minutes by Magistrate Carla Woehrle, in re: Motions to Dismiss were dishonest, invalid, and ineffectual. |
| | Dkt #102 – March 18, 2009 Order by Judge Virginia Phillips | Y | N | 1. John W Pat ton 5. Jenna Moldawsky j enna. moldawsky@bryancave com | 1. March 18, 2009 Order by Judge Virginia Phillips, denying Plaintiff’s Request to Disqualify Magistrate Carla Woehrle for a cause was dishonest, invalid, and ineffectual. |
| | Dkt #103- March 31, 2009 Notice by Magistrate Carla Woehrle | Y | N | 1. John W Patton 2. David J Pasternak 5. Jenna Moldawsky | 1. March 31, 2009 Notice by Magistrate Carla Woehrle of Filing R & R was dishonest, invalid, and ineffectual. |
| | Dkt #104 – March 31, 2009 R & R by Magistrate Carla Woehrle | Y | N | 1. March 31, 2009 R & R by Magistrate Carla Woehrle to Grant Motions to Dismiss was dishonest, invalid, and ineffectual. | |
| | Dkt #105 – April 9, 2009 Plaintiff’s Requests | Y | Y | 8. Jenna Moldawsky 12. Sarah L Overton | 1. April 9, 2009 Plaintiff’s Requests for Judicial Notice of Perverted Discrepancy Procedures. |
| | Dkt #106 – April 24, 2009 Order by Judge Virginia Phillips | Y | N | 4. Jeru1a Moldawsky | 1. April 24, 2009 Order by Judge Virginia Phillips, Adopting R & R was dishonest, invalid, and ineffectual. |
| | Dkt #107 - April 24, 2009 Judgment by Judge Virginia Phillips | Y | N | 4. Jenna Moldawsky | 1. April 24, 2009 Judgment by Judge Virginia Phillips, was dishonest, invalid, and ineffectual. |
Notes:
1. On December 29, 2009, upon appearance in person at the Office of the Clerk, Records Department, Records, request was filed for access to only 24 out of over 100 records in Zernik v Connor et al.
2. On December 29, 2009, upon appearance in person at the Office of the Clerk, Records Department, Records Supervisor Dawn Bullock provided printouts for 24 out of 24 NEFs, which were requested in writing on that date.
3. None of the requested NEFs contained a complete RSA-encrypted digital signature.
4. Of the 24 requested NEFs, only 8 were found to include truncated RSA-encrypted digital signatures, and requests for clarifications were filed with the Clerk of the Court.
5. NEFs for the following critical records included no RSA-encrypted digital signatures at all:
a. Issuance of Summonses
b. Assignments and Reassignments to Judges
c. Assignments and Reassignments to Magistrates
d. All Minutes which were examined.
e. Order Denying Disqualification for a Cause
f. Notice and Report and Recommendation by Magistrate.
g. Order Adopting Report and Recommendation by Judge
h. Judgment by Judge.
6. It was likely that upon investigation the same results would be found in:
a. Fine v Sheriff (2:09-cv-01914) – habeas corpus petition of jailed Richard Fine - also treated by Magistrate Carla Woehrle, albeit – with Judge John Walter. Access to NEFs was requested on both September 18, 2009 and December 29, 2009, but was denied both times.
b. In re: Fine (2:09-mc-00129) – disciplinary procedure against jailed Richard Fine – by Presiding Judge Audrey Collins. Access to NEFs was requested on December 29, 2009, but was denied .
7. It was alleged that findings summarized in the table above documented the alleged fraud and deceit in operation of PACER & CM/ECF.
8. It was further alleged that installation, with no authority, of alleged fraudulent docketing, access, and case management systems in the US courts, during the first decade of the 21st century, amounted to serious large-scale abuse of the Human Rights of all those who live in the United States by the judiciary branch of the United States government – through denial of fair and impartial hearings.
9. It was further alleged that conditions prevailing in the United States Courts as a result of the installation of PACER & CM/ECF amounted to serious violation by US Government of ratified International Law – failure to maintain competent National Tribunals for protection of Human Rights and rights pursuant to the Constitution of this country.
10. Complaint will be filed with FBI Director Robert Mueller III, January 1, 2010, and copied to House and Senate Judiciary Committees.
Linked Records:
1. NEFs in Zernik v Connor et al, as received from office of the Clerk of the Court.
2. Declaration of Joseph Zernik in re: Visit to the US District Court, LA, office of the Clerk of the Court on December 29, 2009.
I. The Usual
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IN SHORT - KOZINSKI MUST RESIGN!"This case should demonstrate that the FBI will pursue all allegations of judicial corruption vigorously, as public corruption violations are among the most serious of all criminal conduct and can tear at the fabric of a democratic society," said John F. Pikus, special agent in charge of the Albany division, in a prepared statement.
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