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June 25, 2009
Ms Nancy Mayer-Whittington
Clerk of the Court
RE: Case #1:2009cv00805, Zernik v Melson et al.
Dear Ms Mayer Whittington:
I received the yesterday a pager call on my cell phone, marked from Mr David Scott in your office. I am grateful for his attempt to call me. However, I believe that at present I need to receive a written response, which could be of more than one kind, from the Office of the Clerk, as described below.
Mr Scott had previously talked with me by phone a couple of times. He claimed that all my papers were stamped “Filed”. He explained to me that as a rule, all papers filed on paper are scanned and docketed within 24 hours. He also explained that “…that is not always the case”.
He also eventually agreed that my papers were delayed as a routine, as a result of their forwarding to the chambers of Judge Richard J Leon prior to docketing. I assume that the Clerk’s Office would do so only in response to a directive of some sort received by the Clerk from chambers of Judge Richard J Leon. Albeit – no record of such directive was ever served and/or noticed to me, neither is any such directive recorded in the Pacer online records, in what may be deemed as violation of my Due Process rights.
Mr Scott refused to respond to repeated requests that he explicitly state the name of the procedure,, the section of the code, or the rules of court, pursuant to which my papers were and still are denied entry into court file – for over a month. Such delays with no end in sight may be deemed as violation of my rights pursuant to the First Amendment to the U.S. Constitution.
Mr Scott later referred me to a Court Staff Counsel, who advised me of a routine of the Washington DC U.S. District Court, outside of any published Rules of Court, whereby if the Clerk doubts that a given paper should be filed, the Clerk may send it to chambers with a note of the relevant concerns. According to such unpublished procedure, as described to me by the Court’s Staff Counsel, the judge would then write by hand on the face of the record:
“Leave to file Granted/Denied” and endorse the directive with his/her hand–signature.
Needless to say, such critical procedure that was never published as part of Rules of Court, may be deemed in violation of the Rule Making Enabling Act 28 USC §2071-2077.
However, it is obvious that my papers were not and still are not subjected to such unpublished procedure, since: (a) There is no writing on the face of the records that were eventually entered into the court file. (b) I never received any notice of rejection of the filing of the records that the court effectively is denying me the right to have entered into court file. (c) Neither have I received any Discrepancy Notice of any other notice explaining the disposition of the papers. (d) Neither is there any note to such effect in the Pacer online records.
Please be advised that such conduct may be deemed as violation of my Due Process rights pursuant to the Amendments to the U.S. Constitution.
Please also note, that in this particular case, the papers that are denied entry into the court file, are papers holding critical evidence of alleged real estate fraud committed against me, as well as perversion and obstruction of justice in the Los Angeles Courts, by Countrywide, Bank of American Corporation, Bryan Cave, LLP, and others.
The case in its essence is a repeat on a grander scale of wrongdoing in the courtrooms by Countrywide, which was rebuked by the U.S. Courts in Houston Texas – by the Honorable Jeff Bohm in the case of Borrower - William Allen Parsley, No #05-903-74; Filed: 10/13/2005, (e.g. Document #248), and also at the U.S. Court in Pittsburgh, Pennsylvania – by the Honorable Thomas P Agresti in the case of Borrower - Sharon Diane Hill, No. #01-22574. Such wrongful litigation practices by Countrywide were also found to be pervasive throughout the U.S. during the current financial crisis in a study conducted by the U.S. Trustee – also reported in the case from Texas cited above.
Therefore, through such effective denial of my First Amendment rights you may also be deemed as denying me Fair Trial, Access to the Courts, and Equal Protection.
I pray that my papers be accorded fair treatment and that I be accorded a fair hearing in a fair tribunal at the U.S. District Court, Washington DC. I hope and expect that the U.S. Court in Washington DC conduct its business in accordance with the Human Rights prescribed in the Universal Declaration of Human Rights, Articles #2,7,8,10,11, & 12, part of ratified International Law.
I would be glad to receive your written notice in re: nature of the procedure(s) undertaken by the Clerk of the U.S. District Court, Washington DC relative to my papers, alternatively – a notice of the date and place for hearing on ex parte applications for orders, meant to address such issues, so that I may notice all parties.
Sincerely,
/s/_______
Joseph Zernik
CC: Parties per mailing list.
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