10-12-05 How to gain access to records at the US courts. // Cómo acceder a los registros en los tribunales de EE.UU.. // 如何获得在美国法院的记录。

Los Angeles, November 5 - Human Rights Alert (NGO) and Joseph Zernik, PhD, published simple instruction for all those who wish to help in documenting the conduct of the US Courts. (see below)

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1) On Saturday, December 4, Joseph Zernik wrote

From: joseph zernik [mailto:jz12345@earthlink.net]
Sent: Saturday, December 04, 2010 9:33 PM
To: joseph zernik
Cc: Smith, Darcy (USMS); Shell, Thomas(USMS)
Subject: Request for investigation, impeachment proceedings where appropriate, in re: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, and US Magistrate CARLA WOEHRLE for conduct, which undermined Banking Regulation and/or Human Rights in the United States
See: http://www.scribd.com/doc/44671154/


2) On 12/5/2010, John Doe wrote:

What action would be helpful to your cause from Florida?

3) On Sunday, December 5, Joseph Zernik wrote

Date: Sun, 05 Dec 2010
To: John Doe
From: joseph zernik
Subject: RE: Request for investigation, impeachment proceedings whe re appropriate, in  re: US Judges JED RAKOFF, VIRGINIA P HILLIPS, JOHN WALTER, and US Magistrate  CARLA WOEHRLE - for conduct, which undermined Banking Regulation and/or Human Rights in the United

Dear John:

Thanks for your response.

At this point the focus is on the US district courts, since pursuant to international law they are 'national tribunals for protection of rights'.

The focus is on matters, where individuals try to protect their rights by going to the US district courts:

a) Filing of complaints related to constitutional or civil rights (Deprivation of Rights under the Color of Law, Habeas Corpus, Temporary Restraint Orders on the State Courts, etc);
b) Filing of complaints related to attempts to protect individuals from abuse by large financial institutions under the current crisis;
c) Filing of complaints related to attempts to protect individual from abuse by any type of large corporation.

I am seeking to archive the conduct of such cases in the US district courts, by collecting:
a) Case caption, case number, name of US district court
b) Existence or absence of valid Summons
c) Existence or absence of valid Civil Cover Sheet
d) Existence or absence of valid Assignment Order for the judge (if several judges were involved - most important is the Assignment Order for the judge whose name appears on the dispositive judicial paper in the case)
e) Existence or absence of valid Referral Order for the magistrate
f) Existence or absence of Notices of Appearance by Counsel for government or financial institutions involved in the matters.
g) Most important (since there is no way that I can get these records from PACER) - copies of the NEFs (Notices of Electronic Filing):
The NEFs are today the attestation/authentication records of judicial records, and absent NEFs, there is no way to ascertain whether the records, listed above, are valid and effectual, or null and void.

Any help would be greatly appreciated.

Joseph Zernik, PhD

Human Rights Alert (NGO)

A. How to Gain Access to NEFs

1) Prepare a short letter (see sample below)
2) Appear in person at the office of the clerk and present the paper.
3) In case you gain access to the NEFs, you may be asked to pay $0.50 per page. Most NEFs are only one page. Therefore, the NEFs, which are requested, are not likely to cost more than $5.00.
4) In case you are denied access to the NEFs, please provide a short declaration under penalty of perjury in the matter (see sample below)

B. Sample Request to Access NEFs to Inspect and to Copy

To , Clerk of the Court, US District Court, District of

RE: Request to Access Court Records to Inspect and to Copy

Please accept this request to access court records to inspect and to copy, pursuant to First Amendment rights and US Supreme Court decision in Nixon v Warner Communications, Inc (1978).

Instant request pertains to the following records in :
1) NEF (Notice of Electronic Filing) on the Complaint (Dkt #1);
2) NEF on the Summons (Dkt #2)
3) NEF on Assignment of the Hon Judge (Dkt #x)
4) NEF on Minutes of the Hon Judge (Dkt #y)
5) NEF on Order of the Hon Judge (Dkt #z)
6) NEF on Judgment/Dismissal Order/Consent Decree of the Hon Judge (Dkt #aa)
7) NEF on Mandate of the Court of Appeals, xth Circuit (Dkt #bb).

Date:

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C. Sample Declaration Regarding Denial of Access NEFs to Inspect and to Copy

(please add the standard introductory and end paragraphs)

1) I appeared on at the Office of the Clerk, US District Court, District of .
2) I presented the duty Deputy Clerk with a request to access court records, to inspect and to copy.
3) The attached record (Exhibit 1), is a true and correct copy of the request which I presented to the Duty Deputy Clerk.
4) My request was denied.