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1) Date: Thu, 30 Dec 2010 12:45:53
To:
From: joseph zernik
Subject: Re: About: alert - email not private / evidence of government corruption in Colorado...
Cc: , LA County DA Office , LA County DA Office , US Attorney Florida , US Attorney ThomMRozek , "Kenneth Melson (DOJ)" , US DOJ , US DOJ , US DOJ , US DOJ , US DOJ dojfitzgerald , US DOJ EmilyLanglie , US DOJ-IG , US DOJ-IG , US DOJ-IG , US Holder Eric , , , "Civil Rights Devision" <1-202-514-0212@metrofax.com>, "Division, Criminal" , john.walsh@usdoj.gov, "Smith, Darcy \(USMS\)" , "Shell, Thomas\(USMS\)" ,
Hi []:
Thanks for providing the case number. I will take a look at the docket.
Given the nature of the case you are describing, it is likely that you are victim of invalid/ pretense litigation by the court. Your comment "DAMN CLERK" misses the point. In such conduct the clerks are operating in tight collusion with the judges.
We are back at square one:
Do you have the NEFs (Notices of Electronic Filing) for any of the papers issued by the Clerk or the Judge/Magistrate in your case?
Of particular significance are the NEFs of: i. Summons, ii. Assignment Order of a Judge, iii. Referral Order to a Magistrate, iii. Minutes, iv. Orders, v. Judgments.
Needless to say, if the NEF of the summons is invalid, which is likely, your litigation was designated by the court as invalid, albeit, without your knowledge, from the start. Similarly, if the Assignment Order and Referral Order are invalid, the Judge and the Magistrate are acting with no judicial authority. Their conduct should under such circumstances be deemed extrajudicial conduct, with no immunity.
- If you have the NEFs, I would be grateful if you forward copies for my archive.
- If you do not have the NEFs, you can see detailed instructions on how to get them at the link below. [1]
- You may also wish to ask the Clerk of the US District Court to certify a copy of your PACER docket. The response would be telling.
- I also highly recommend that you read the Motion to Intervene in Log Cabins Republicans v USA et al. [2]
The intervention in
Log Cabins Republicans v USA et al deliberately avoided any discussion of the matter of "Don't Ask Don't Tell".
Instead, the focus of the Intervention is the conduct of litigation in
Log Cabins Republicans v USA et al, which was deliberately void from start to finish, with two judges appearing with no assignment orders, with no summons and no complaint docketed, with no execution or waiver of execution of service of the summons and complaint, and with the publication of two opposing judgments: one in 2006, which was published as "entered" in the Judgment Index, and was never overturned, and the second, opposing judgment, which was published as "entered" in 2010, but fails to appear in the Judgment Index, and is now subject to appeals.
Today, the Clerk of the Court is refusing to certify the PACER docket, and also refuses to provide copies of the electronic certificates (NEFs) of the two judgments.
The only way to describe such conduct, is the way the US Courts were described in the US congress a century ago - "a burlesque".
[3] Both a century ago and today, central to orchestrating the "burlesque" are the clerks, through refusing to file papers and through the publication in the PACER dockets of summons, minutes, orders, judgments as "entered", while they are not deemed by the court itself as valid.
Needless to say, such conduct should be deemed in violation of the Clerks' Oath of Office.
Most important from your perspective in the Motion to Intervene is a collection of sample NEFs, showing you both valid and invalid NEFs, so that you can review you own NEFs, once you get them.
The Motion to Intervene also includes discussion of the NEF as a Certificate of Authentication/Attestation, as held by the US Courts.
The Motion to Intervene asks the US Court of Appeals 9th Circuit to enter two Declaratory Mandates:
a) that the NEFs, as drafted, are invalid Certificates by the Clerk, and
b) that implementation of the NEFs by the US District Court as replacement of the Certificates of Service by the Clerk amounts to
Deprivation of Rights under the Color of Law.
Several reasons are provided. One pertains to the language of the NEFs, which includes no certification. The other main reason - denial of access to
pro se litigants and the public at large.
The Motion claims that the US District Court in fact established two classes, separate and unequal, in access to essential court records:
a) Authorized counsel and the US District Court, and
b) The public at large and
pro se litigants.
The Motion to Intervene alleges that such conduct violates First Amendment, Due Process, Access to the Courts, and Equal Protection rights.
The former class is permitted to know, which records are valid and which are void court records, the latter is deliberately kept in the dark.
Although the entire discussion pertains to the US District Court, Central District of California, the discussion, and also the sample NEFs apply just as well to any US District Court across the nation. I have similar samples from other US District Courts across the US.
The Motion to Intervene was alternatively construed as Notice to Reliably Inform The Court of Unprofessional Conduct, and it called upon the US Court of Appeals, 9th Circuit, to initiate corrective actions pursuant to the
Code of Conduct of US Judges - through entering the requested Mandates.
Therefore, it is claimed that any ruling on the matter would be of significance, including refusal to permit Leave to File. I consider even refusal of the Clerk of the US Court of Appeals, 9th Circuit, to docket the Motion - with no authority - as significant in this matter.
In sum: It does not make sense to participate in litigation where you are denied the ability to know which of the court records in your PACER docket are valid and which are void, unless you are fond of being abused. The conduct of litigation under such circumstances falls in my opinion under what is called in fraud lingo "Shell Game Fraud" or "Confidence Trick".
JZ
LINKS:
[1] Detailed instruction on how to gain access to NEFs in the US district courts:
http://inproperinla.blogspot.com/2010/12/10-12-05-human-rights-alert-ngo-seeks.html
[2] 10-12-27 Log Cabin Republicans v USA et al (10-56634 and 10-56813) in the US Court of Appeals, 9th Circuit, Dr Joseph Zernik's Motion to Intervene
http://www.scribd.com/doc/45945087/
[3] 02-00-00 Messinger, I Scott: Order in The Court - History of Clerks of United States Courts, Federal Judicial Center (2002)
http://www.scribd.com/doc/34819774/
____
2) At 05:14 AM 12/30/2010, [] wrote:
Nelson Lane is the one who bought Judge Lass (and his successor Karen Romeo) in Summit County. He even bragged about "my judge" and Bob Swenson (who has fronted for Lane) said, "We have a judge in our pocket."
Lane assaulted Halena Lewis and me on a county road and drew a knife on the water commissioner. That's described in our complaint.
Very weird and bad things have gone on in the federal court since Jerry and I sued Lane, as well. (He's one of 21 defendants in 10 CV 1850.) I moved for entry of default and default judgment, because he didn't answer, and the clerk denied entry of default, saying various things about the return of service not showing that service was properly made, when on its face the server's affidavit provided every piece of information she said wasn't there. I submitted a supplemental affidavit from Jerry Lewis, and renewed the motion for default--and same thing. We are just held up by the clerk. She did the same thing with our motion for default of Bob Swenson.
HELD UP BY THE DAMN CLERK.
So I moved the judge/magistrate to overrule the clerk, showing that everything was there which she said was not, and of course my motion has not been ruled on. NONE of my motions have been ruled on except those for extension of time.
[]
__________
3) In a message dated 12/29/2010 1:35:30 P.M. [] writes:
- Dear [],
- My being framed for a crime is something Monica Piergrossi, Senator Bennet’s Western Slope Director, expressed concern about in September � just hoours after deep pocket Republican, Nelson Lane, had threatened to shoot Jerry Lewis and myself when I attempted to serve federal court papers on Lane at the ranch.(WHERE) Lane boldly asked Jerry Lewis(Co plaintiff in []'s FED suit) why the Sheriff WHAT SHERIF, (state) wasn’t serving the papers.(ehat--in a federal court matter....?) One of the people included in my email this morning was Monica Piergrossi of Senator Bennet’s office, who has been wonderful, as has Christine Scanlan, HD56 Representative.
- How many people have to pay with their assets, their liberty, even their lives for standing up for truth and expecting justice?? To date I’ve survived two car tamperings, much to the annoyance of those who want to silence me (I’m a retired race car driver trained to Formula 1 standards). I’ve faced criminal charges for things which never happened, in once case there was the inconvenience of a witness to verify the facts � deputy DA Michael Angel said I should never have bbeen charged. Slanderous gossip and character defamation are a known tactic of the corrupties � my family’s name has been dragged through the mud. It’s the ancient Spartan strategy of ‘kill the messenger’. Those of us living with and exposing public corruption have, and are, paying a high price.
- Sometimes I wonder if this is America or a Soviet country when the Iron Curtain existed (I visited Hungary in 1979) and Civil Rights didn’t. Remote communities with 70% and more second homeownership, shouldn’t be black holes where our Civil Rights and justice don’t exist. As bad as 5JD is, I’ve heard 14JD (Steamboat) is worse. Someone, somewhere, needs to hear our pleas for help and for justice to mean something, not just-us.
- [],
____
- 4) Date: Wed, 29 Dec 2010 23:55:08, Joseph Zernik wrote:
- To: []
- From: joseph zernik
- Subject: Re: High alert - on the high PLAINS, ROCKY Mountain TROUBLEs brewing, 2011
- Cc: askdoj@usdoj.gov, William.Delahunt@mail.house.gov, william.welch@usdoj.gov
- Dear []:
- If you ever believed that you had any privacy in your email correspondence, you must be delusional.
- Jim repeatedly asked me why I copied the US Marshals on my email notes...
- Well, the answer is twofold:
- 1) To save taxpayers dollars, and save government officers time and effort in going through my email.
- 2) To put those I correspond with on notice, that all such email correspondence is likely to be monitored.
- Joseph Zernik
- _______
- 5) -----Original Message-----
- From: []
- To: 'joseph zernik' ;
- Sent: Wed, Dec 29, 2010 7:00 am
- Subject: High alert - email not private
- Information which has come to me in the last hour indicates knowledge of content of an email I sent early this morning. The person threw the content of the email to me in an argument and claimed his information originated from DA Mark Hurlbert’s office.
- I have to conclude my email has been hacked into and is not private OR there is a court order for wiretapping. I acknowledge that exposing public corruption is a dangerous act, especially for those doing the exposing.
- I have done nothing wrong. I have exercised 1st Amendment petitioning of government in a grievance.
- []
