10-01-08 Federico Garcia Lorca - "Lament for Ignacio Sánchez Mejías",

10-01-08 Leonard Cohen - Federico García Lorca

García Lorca en 1914

10-01-08 Pete Seeger - Guantanamera

10-01-08 Compay Segundo - Guantanamera

10-01-08 Celia Cruz - Guantanmera

10-01-08 - Joan Baez - Guantanamera

10-01-07 Program Presentation Proposal - Proposed Title: THE DIAGNOSIS & THE REMEDY

Program Presentation/Discussion Topic Proposal

DIAGNOSIS & REMEDY
Focus on US Case Management Systems (CMSs)

1) THE DIAGNOSIS - a system-level integrity crisis, related to widespread reliance on false CMSs.
a. The current downturn and the unprecedented levels of public protest of judicial conduct are two manifestations of the same underlying problem.
b. The current downturn is not a financial/economic crisis per se. Instead - it is a system-level integrity crisis.
c. False CMSs which were developed and installed in the past quarter century in US agencies, in financial institutions, in courts, and in prisons, albeit - with insufficient public oversight, are central to such integrity crisis.
d. Reliance on such false CMSs is a hard habit to shake off, if only for its benevolent flexible conveniences.
e. Continued reliance on such false CMSs, could make the US a bankrupt pariah in the international community in no time at all. Bankrupt - due to inability to exert honest, valid, and effectual regulation of financial institutions and financial markets, and pariah - for the severe violation of ratified International Law inherent to such conduct, involving large scale abuse of the Human Rights of all who reside in the US, and large-scale fraud and deception on all who conduct business with it.

2) THE REMEDY - publicly accountable validation (certified, functional, logic verification) on all major CMSs
a. Must include better guarantees for our Human, Constitutional, and Civil Rights to access court and other public digital records - to inspect and to copy. Inspecting and copying should be viewed both as two separate, distinct rights, and as ones that are inherently conjoined.
b. Must include the immediate establishment of strict requirements for publicly accountable validation (certified, functional, logic verification) on all major CMSs in government agencies, in public corporations, in financial institutions, and first and foremost - in the courts and in prisons. The right to access court records, which are validated in a publicly accountable manner, our Liberty, and other fundamental Human Rights are all connected at the hips.
c. Should include higher level international efforts to access US public records. One must be reminded that such rights are vested in any person, and therefore, our friends outside the US should be encouraged to publicly exercise their rights to access such records. Such access efforts by are friends abroad would instantaneously demonstrate support for the principle, and also provide them better levels of risk assessment and risk reduction for the benefit of their own US-related investments.
d. May require the establishment of national and regional level Truth and Reconciliation Commissions! Richard Fine is the natural nominee to serve a public trusted chair of such effort.
e. May require a plea to the Swiss to establish effective barriers to prohibit senior US officials (including, but not limited all US Judges), and officers and directors of public and financial corporations, from making any deposits in numbered Swiss bank accounts while in office.

Truly,

Joseph Zernik
Los Angeles County, California
http://www.scribd.com/Free_the_Rampart_FIPs
http://inproperinla.blogspot.com/
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
Coming soon- deep house music! 

10-01-07 Happy Birthday! Scribd account, initiated only a few days ago passed the 1,000th reading!

Free_the_Rampart_FIPs

Los Angeles County, California

The Scribd account explicit URL is:
http://www.scribd.com/Free_the_Rampart_FIPs
Coincidentally, the record that pushed the account past the 1,000 reading was the public record:
Blue Ribbon Review Panel Report (2006)
Described as follows:
Official report of the LAPD dated June 15, 2006, the definitive record regarding ongoing false imprisonments in Los Angeles County. California of the Rampart FIPs (Falsely Imprisoned Persons).
Highest reading counts so far:
1) http://www.scribd.com/doc/24738955/Richard-Fine-09-12-29-Request-for-Los-Angeles-
county-supervisor-Antonovich-addnl-inquiries-on-sheriff-Lee-Baca-in-re-Arrest-and-booking-papers -68 readings.
2) http://www.scribd.com/doc/24681508/Zernik-v-Connor-CM-ECF-09-12-29-Request-and-Response-in-attempt-to-gain-access-to-records-US-District-Court-Los-Angeles-s - 56 readings
3) http://www.scribd.com/doc/24633932/Shami-09-12-30-Epilogue-by-Joseph-Zernik-for-Nouvelles-d-Hebron-byYitzhaq-Shami-s - 55 readings.

10-01-06 Requesting help of members of the esteemed Chancery Club in furthering the cause of justice in Los Angeles County, California...

Date: Wed, 06 Jan 2010 07:52:48 -0800
To: "Members of the Esteemed Chancery Club"
From: joseph zernik
Subject: Fwd: OCC Case #00971981: Request for response by Bank of America Corporation, and notice pursuant to Sarbanes Oxley Act (2002) S 307, 17 CFR 205


Dear Members of the esteemed Los Angeles Chancery Club:

You may find the letter, copied below, of interest, since it included evidence of widespread corruption of the judges and the legal profession in Los Angeles County, California, where your Treasurer, Mr David Pasternak, featured prominently. Moreover, another members of your club,  Prof David Burcham, was a key figure in the protest against such corruption, while yet another member of your club - Mr Alejandro Mayorkas, in his then capacity as US Attorney, Central District of California,  was a key figure in the cover up of such corruption.

• The time is ripe to re-open the Rampart scandal investigation, particularly - investigation of the role of Judge Jacqueline Connor, together with Mr John A Clarke - Clerk of the Court and Mr  Frederick Bennett - Counsel for the Court, alleged as the central figures in the LA-JR (alleged Los Angeles Judiciary Racket)....
• The time is ripe to initiate investigation of Mr David Pasternak alleged as the real-estate fraud henchman, and of his pal, Mr Sandor Samuels - in his capacity as Chief Legal Officer of Countrywide, as central figures in propelling Los Angeles County, California into the distinction of "epicenter of the epidemic of real estate and mortgage fraud"...
• The time is ripe for freeing the thousands of Rampart-FIPs (Falsely Imprisoned Persons) and the falsely hospitalized Attorney Richard Fine...

I hope and expect that your esteemed club would support such initiatives to further the cause of justice in Los Angeles County, California!

Dated January 6, 2010.

Truly,

Joseph Zernik
Los Angeles County, California
http://www.scribd.com/Free_the_Rampart_FIPs
http://inproperinla.blogspot.com/
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
To be added soon- deep house music! 

CC:
1) Law school faculty
2) US Congress and NGOs
3) Glenn A Fine - US Dept of Justice, US Dept of Justice, as an addendum to complaint against Kenneth Kaiser - Assistant Director, FBI, and Kenneth Melson- Director, US Attorney General Office.
The Usual:
   

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.

10-01-06 Requesting Bank of America's President Moynihan to respond to OCC case # #00971981, and notice pursuant to Sarbanes Oxley Act (2002) §307

Dr Z

Joseph Zernik, PhD

PO Box 526, La Verne, CA 91750;

Fax: 801 998-0917; Email: jz12345@earthlink.net

Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

January 6, 2010

Mr Brian Moynihan, President

Bank of America Corporation

By email.

Customer Assistance Group

Office of Comptroller of the Currency

By fax: 713 336 4301

Mr Kevin Bailey, Deputy Comptroller and

US Representative to the Basel Accords Committee

By email

Basel Accords Committee

By email

RE: OCC Case # 00971981, complaint against Bank of America Corporation (BAC), and repeat notice to Mr Moynihan, pursuant to Sarbanes-Oxley Act (2002) §307 and SEC Rules promulgated under 17 CFR 205.

Dear Mr Moynihan, Mr Bailey, Office of the Comptroller of the Currency, and Members of the Basel Accords Committee:

In phone conversation today with a Customer Assistance Group specialist, I was told that Bank of America Corporation still has not replied to complaint, reference above, filed with office of the US Comptroller of the Currency (OCC) on September 29, 2009 -  regarding large scale fraud in operations of Countrywide Financial Corporation (CFC) and its Legal Department, headed by Sandor Samuels, then Chief Legal Officer.  The core fraud in this case – real estate fraud and financial institution fraud – was opined by a fraud expert second to none - highly decorated FBI veteran  - James Wedick. He was decorated by US Congress, by US Attorney General, and by FBI Director. [1] Moreover, in an unusual email note, he explained that the FBI’s refusal to provide equal protection in this case since January 2007, was related to FBI’s reluctance to expose the widespread corruption of judges of what Mr Wedick called “the Los Angeles Circuit”. [2]  My losses due to the fraud opined by Mr Wedick exceeded $2 millions.

My complaint further alleged that after the takeover of CFC by BAC the same individuals continued to serve at BAC in positions that were critical to the integrity of operations, or lack thereof, at Bank of America Home Loans, including, but not limited to Sandor Samuels – now Associate General Counsel of BAC.  Moreover, after the takeover, BAC allowed the continued alleged obstruction and perversion of justice, by employment of Bryan Cave, LLP, under the guidance of Sandor Samuels, at a time that office Timothy Mayopoulos, then General Counsel of BAC, repeatedly informed me that Bryan Cave, LLP was not authorized as an Outside Counsel of BAC, and was not authorized to represent or appear on behalf of BAC. To simplify review of the matter by BAC, I reduced the hundreds of pages of alleged fraud documents (some by now opined as fraud by Mr Robert Meister, another nationally acclaimed fraud expert), which had been produced by CFC and BAC in this case in the past four years, to a list of six (6) records, which BAC and its Audit Committee have been requested to authenticate or repudiate. [3]  CFC, BAC, and its Audit Committee refused to respond to such requests, filed as complaints pursuant to the Sarbanes Oxley Act (2002).

This letter to Mr Moynihan is the first in his new capacity as President of BAC, as an appeal that he facilitate a response by BAC, long overdue, to the complaint filed with OCC September 29, 2009, referenced above.  It is also a repeat notice pursuant to Sarbanes Oxley Act §307 and SEC Rules under 17 CFR 205. This letter is also addressed to OCC and Mr Kevin Bailey, since failure of OCC to obtain any response from BAC on the complaint, undermines any claims by US government and US banking regulators of “shoring up” the system.

This letter is also addressed to members of the Basel Accord Committee, as a notice of the ongoing failure of US government and BAC to comply with basic tenants of the Pillars of the Basel Accords. Needless to say, such conduct undermines any notion of valid risk assessment or risk reduction in banking operations at one of the largest US financial institutions.

Sincerely,

Joseph Zernik

Linked Records:

[1] Resume of Mr James Wedick, and opinion letter regarding real estate fraud in conjunction with the Union Bank transactions, which were the subject of the complaint.

http://inproperinla.com/07-12-17-grant-deeds-wedick-s-opinion-s.pdf

[2] Email note by Mr James Wedick, explaining the refusal of FBI to provide equal protection in this case – since January 2007 – in reluctance to expose the widespread corruption of judges in the “Los Angeles Circuit”. In contrast, one should be reminded that concomitantly FBI defined Los Angeles County as the “epicenter of the epidemic real estate and mortgage fraud”, and stated that it was a high national priority to fight such epidemic. Separately, FBI made numerous statements regarding its standing policy to vigorously investigate all allegations of public corruption.

http://inproperinla.com/08-08-21-refusal-to-investigate-fbi-wedick-letter-s.pdf

[3]  List and links to six records that represent the core fraud in conduct of CFC and BAC in the matter that was subject to complaint filed with OCC, Case # 00971981.

http://inproperinla.com/09-04-17-list-of-six-key-records-for-bac-audit-committee-review-s.pdf

CC:

1)      Glenn A Fine, Inspector General  - US Department of Justice, as an addendum to complaint against Kenneth Kaiser and Kenneth Melson – for alleged fraud in responses to US Congress on this matter in August –September 2008, and refusal to provide equal protection in Los Angeles County.

2)      David Kotz, Inspector General – SEC, as an addendum to complaint regarding SEC’s refusal to investigate complaints of fraud in operations of both CFC and Bank of America Home Loans.

3)      Eric Thorson, Inspector General – US Dept of the Treasury, as an addendum to complaint regarding refusal of Office of Thrift Supervision and Federal Trade Commission to enforce the law on CFC in complaints filed starting in early 2007, when CFC was subject to their regulatory jurisdiction.

4)      Mary Schapiro, Chair - SEC – as an addendum to complaint against BAC.

10-01-05 Appeal of decision by Office of US Comptroller of the Currency to close complaint against Union Bank - on collusion in real estate fraud.

Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 801 998-0917; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
 
January 5, 2010
Customer Assistance Group
Office of Comptroller of the Currency
By fax: 713 336 4301

RE: Case #0094775, Union Bank, National Association

Dear Office of the Comptroller of the Currency:

In my phone conversation today with a Customer Assistance Group specialist, I was told that OCC closed my complaint referenced above, following the response by Union Bank.   I am writing to appeal the decision to close my complaint against Union Bank.

In November-December 2007, Union Bank engaged in transactions in my mortgage account without my authorization, and with no notice to me at all.  Such transactions and communications ended up in real estate fraud against me, as opined by a fraud expert second to none - highly decorated FBI veteran  - James Wedick. He was decorated by US Congress, by US Attorney General, and by FBI Director. [1] My losses exceeded $2 millions.

Starting mid 2008, I have repeatedly requested that Union Bank provide me copies of the records of my account, documenting the transactions and communications of Union Bank with others (which excluded me) regarding my account.  However, Union Bank so far refused to allow me to see the records of my own account.

Now, in response to a complaint to OCC, Union Bank provided a narrative, again with no records whatsoever.

The appeal requests again that Union Bank provide the records of transactions and communications in my account in November-December 2007.
 
Sincerely,

Joseph Zernik

CC:
1) Kevin Bailey, Deputy Comptroller of the Currency, and US representative to the Basel Committee
2) Basel Accords Committee on international banking

Linked Records:
[1] Resume of Mr James Wedick, and opinion letter regarding real estate fraud in conjunction with the Union Bank transactions, which were the subject of the complaint.
http://inproperinla.com/07-12-17-grant-deeds-wedick-s-opinion-s.pdf

10-01-04 Asking Sheriff Lee Baca to retract false papers regarding coerced hospitalization of attorneys who filed complaints against corrupt judges.

   

Date: Mon, 04 Jan 2010 21:32:22 -0800 joseph zernik wrote: 

Subject: January 4, 2010 - Asking Sheriff Lee Baca to retract false and deliberately misleading papers regarding the arrest and booking of Attorneys Fine and Gottschalk - two attorneys who filed complaints pertaining to widespread corruption of the Los Angeles Superior Court judges, and were subsequently hospitalized by the Sheriff.

January 4, 2010

Hi [ ]:

I believe that my January 4, 2010 letter made the situation clear regarding Sheriff Lee Baca, Los Angeles County:
a) Sheriff Lee Baca has no true warrants and he has no booking papers in the case of either attorney Richard Fine or Ronald Gottschalk, two experienced attorneys who filed complaints regarding widespread corruption of judges of the Los Angeles Superior Court, and were subsequently hospitalized.  Richard Fine, perfectly healthy for all we know, is by now hospitalized for 10 months by the Sheriff.
b) Sheriff Lee Baca kept in the case of Richard Fine other papers that were false and deliberately misleading (a "remand order"), which he claimed were the legal foundation for the arrest, but he would not produce a copy of such papers.
c) Instead, Sheriff Lee Baca provided, in lieu of the California Public Records of arrest and booking of these attorneys - dishonest, invalid, ineffectual derivatives - false and deliberately misleading printouts from the Sheriff's fraudulent computer system.   These were not any valid legal records at all. Not even by a long shot. They were simply fraudulent computer printouts.  However, the Sheriff insisted on delivering such papers to me again and again, by fax, by mail.

The simplest fraud to demonstrate was that in both cases the printouts claimed that the actions against the attorneys were by the Los Angeles Municipal Court - when no such court existed for almost a decade.  Moreover, even three months after I started repeatedly requesting that the Sheriff eliminate such fraudulent information, the Sheriff insists on repeatedly producing such fraudulent information to me in lieu of the California Public Records.

In short
The Sheriff's Department of Los Angeles County runs a fraudulent computer systems, and insists on distributing fraudulent printouts from such systems. The case of the Sheriff is particularly disturbing, because it is a system that is directly employed for false imprisonment of persons.  The Sheriff was engaging in the wrongdoing ad hominem -- on the bodies of the persons.  The level of corruption is just mind-blowing.  As indicated in my letter to the Sheriff - it is by now obvious that he is running the Sheriff's Department of Los Angeles County as what must be deemed a corrupt organization.  Key personnel in his office were involved in the production of the fraudulent papers and the false arrest and booking of the two attorneys - the very core personnel that were charged with the safeguard of the integrity of the Sheriff's jail system.

Truly,

        

Joseph Zernik
Los Angeles County, California
http://www.scribd.com/Free_the_Rampart_FIPs
http://inproperinla.blogspot.com/
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
To be added soon- deep house music! 

At 17:16 04/01/2010, Anonymous wrote:

The Public Records Act requires that they give you the records that they have.  Do you think they haven't given what they have?  or do you think that what they have (and have given you) is inaccurate?  or both?

At 05:07 PM 1/4/2010, Joseph Zernik wrote:

Hi [ ]:
I wonder what you make of this, and whether you would be willing to write a letter to the Sheriff. jz

Date: Mon, 04 Jan 2010 17:04:03 -0800
To: webemail@lasd.org, "Sheriff Lee Baca"<13232676600@efaxsend.com>, "Sheriff's Headquarters Bureau" ,,
From: joseph zernik
Subject: 10-01-04 RE: December 29, 2009 letter by Sheriff Lee Baca - request for correction of false and misleading information regarding Arrest, Booking and Bail of Attorneys Fine and Gottschalk.

Lee Baca, Sheriff
Los Angeles County, California
By fax:
By email:

The favor of a response within 5 business days was requested

Dear Sheriff Baca:

I am in receipt of your letter dated December 29, 2009, [1] regarding my ongoing requests, since mid-October 2009, that the Sheriff comply with California Public Records Act and provide access to arrest and booking papers of inmates Richard Fine and Ronald Gottschalk. Both were attorneys who had filed complaints pertaining to alleged widespread corruption of the judges of the Superior Court of California, County of Los Angeles, both were arrested by the Sheriff, with no warrants at all, and both were held under coerced hospitalization in what appeared as a thinly veiled procedure to cover up the fact that neither was ever legally booked. In parallel, your office has repeatedly provided me with false and misleading responses to requests for records. 

Please accept this letter as a kindly request:
a)      That you correct the false and misleading information published online by your department, and
b)      That you provide me with honest, valid, and effectual records, if any existed.  If none existed, request is that you retract the false papers provided so far, and provide none instead, but avoid propagating any additional false records.

You December 29, 2009, letter repeated the denial of access to any honest, valid, and effectual arrest and booking papers, stating The Public Records Act does not require that a public entity create a record in order to respond to a request for information.  The conclusion was inevitable that no such honest, valid, and effectual records existed.

However, the fact that no honest, valid, and effectual records existed to support the legal foundation of the arrest and holding of the two attorneys, did not provide a license for the Sheriffs Department to propagate, repeatedly, false and misleading records instead.

You again forwarded false and misleading records that Richard Fine was arrested at the Municipal Court of San Pedro when no such agency existed for almost a decade, and after I have repeatedly alerted you to the false nature of such information since mid October 2009.

In addition - this time false and misleading information was forwarded regarding Ronald Gottschalk as well:
a)      That he was released on bail of $0.00.  Atty Gottschalk repeatedly stated that his bail amount was around $500,000. 
b)      That his case was heard by the Los Angeles Municipal Court, while no such court existed for almost a decade.

In sum:
Your office published online false information regarding both attorneys.  Your office previously transmitted such false and misleading information to me by wire.  The recent letter repeated the transmission of such false and misleading information this time by USPS First Class mail.  Conduct of your office relative to such false and misleading information involved only not one person, but what appeared to be the core organization of your office Executive Assistant, the Legal Department, and Risk Management Bureau, and the Discovery Unit.  Such accumulating evidence raised concerns regarding the nature of the organization under your stewardship.

Let me repeat my request:
a)      Please correct the false information published online by your department, and
b)      Please provide me with honest, valid, and effectual records, if any existed, that were the legal foundation for the arrest and booking of Richard Fine and Ronald Gottschalk.  If none existed, request is that you retract the false papers provided so far, and provide none instead, but avoid propagating any additional false records.

Truly,
  

Joseph Zernik
http://inproperinla.blogspot.com/
http://www.scribd.com/Free_the_Rampart_FIPs
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
To be added soon- deep house music!

[1] http://www.scribd.com/doc/24782428/09-12-29-Sheriff-Lee-Baca-Response-Re-Arrest-Booking-Papers-s  

CC:
1)      Office of the Honorable Michael Antonovich, Los Angeles County Supervisor
2)      International Red Cross  - as part of a complaint regarding false, coerced hospitalizations of political dissidents in Los Angeles County, California

10-01-04 Why on earth should anybody care at all about Zernik v Connor et al?

Date: Mon, 04 Jan 2010 13:33:13 -0800
To: lawsters@googlegroups.com
From: joseph zernik  

Subject: Clarifications for Mr Harrington: RE: 10-01-04 RE: Zernik v Connor et al (2:08-cv-01550);

Dear Mr Harrington:

I was sorry to find you irritated.  The reason that I thought that others might be interested were the following:
a) In Zernik v Connor et all, defendants included 10 judges of the California Superior Court, County of Los Angeles, and Countrywide's Angelo Mozilo and Sandor Samuels, as well as others.  They were alleged to have involved violations of the law, amounting to racketeering.
b) The case at the United States Court was unique, in that I have recently managed to gain access to records that were denied elsewhere, and which provided definitive proof of the large scale fraud in operation of PACER & CM ECF.  I believed that anybody who had business before any United States Court should be interested in the details of such alleged fraud.
In short -
a) The allegation was that the standard approach of United States Courts and United States Courts of Appeals in response to cases involving judicial corruption - was to employ fraud in PACER & CM/ECF, of the type that was dubbed "Kozinski Fraud", as perpetrated on the falsely jailed Richard Fine, and which was recently also demonstrated in part by Scott Huminski as employed by Supreme Court Justice Sonia Sotomayor.
b) Such fraud was directly tied to denial of access to court records, in apparent violation of First Amendment and Nixon v Warner Communications, Inc (1978) rights in courts across the United States.

For all the reasons listed above, I thought some people might be interested in the subject.

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 12:26 04/01/2010, you wrote:

Why on earth am I getting a blow-by-blow on some obscure case, Zernik v. Connor, from a Google group that I was surreptitiously subscribed to (without my consent)?  Would everyone here like to receive a blow-by-blow on my ten year Marriage of Harrington case and its progeny from the Colorado state courts?

If it is your attempt to promulgate useful information and heighten public awareness, let me be the first to inform you that your efforts are an abysmal failure.  If you want to be effective, give us the highlights once a month with a summary or give us a concise two sentence caption with a link, should we want to learn more.

Seriously, my Inbox has been swelling to the point of obscurity and absurdity with the deluge of prolix and sometimes incoherent rambling from certain members of this purported group.

Please remove me from this list.

. . . with kind regards,

Sean L. Harrington
http://knowyourcourts.com

---

10-01-04 Requesting clarification from Terry Nafisi, Clerk of the Court - re- legal foundation for operation of PACER & CM/ECF

Dr Z

Joseph Zernik, PhD

PO Box 526, La Verne, CA 91750;

Fax: 801 998-0917; Email: jz12345@earthlink.net

Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

10-01-04           RE:   1) Zernik v Connor et al (2:08-cv-01550)

2) US v City of LA et al (2:00-cv-11769)

3) Fine v Sheriff (2:09-cv-01914)

4) In re: Fine (2:09-mc-00129)

          Requesting clarification re denial of access to court records.

The favor of a response within 10 business days was requested.

TO Terry Nafisi, Clerk of the Court, United States Court, Central District of California, 312 N. Spring Street, Los Angeles, CA 90012, by certified mail, and by email to <terry_nafisi@cacd.uscourts.gov> and <Dawn_Bullock@cacd.uscourts.gov>.

Dear Clerk Nakisi:

Thanks again to Ms Dawn Bullock for her help and her patience during my visit to the Clerk’s Records Department on December 29, 2009.   During that visit, I submitted a written request to access court records pursuant to Nixon v Warner Communications, Inc (1978). [1]

The vast majority of my requests to access court records, to inspect and to copy, were denied.  I am writing to request a written explanation for such denial of access:

1)       My requests to access records from four different paper court files (referenced above), even my own case, were denied. Deputy Clerk John initially claimed that the paper filings were destroyed immediately upon scanning. When I suggested that it could not possibly be the case, he tracked back. Nevertheless - I was denied access to any paper court file records.

2)       My requests to access electronic court file records in CM/ECF - specifically - the Notices of Electronic Filings (NEFs) of the same four court files, were likewise denied - even in my own case - with no explanation at all.

3)       My requests to access records, which documented the shredding of the claimed-to-be-shredded paper court files, were likewise denied - with no explanation at all.

4)       My requests to access (to obtain copies) paper printouts of electronic court file – the NEFs in the same four cases, were likewise denied, with the exception of printouts of the NEFs in my own case, Zernik v Connor et al, which I was provided by Ms Bullock, and for which I thanked her.

5)       Ms Bullock and I had a detailed technical discussion in re:

a)      The legal foundation, if any, for the operation of CM/ECF at the US Court for the Central District of California;

b)      The specific function of the NEFs in that system, and its legal foundation, if any;

c)      Denial of public access to the NEFs, and its legal foundation, if any.

6)       Ms Bullock stated that the foundation for the operation of CM/ECF at the California Central District was in the General Order 08-02.  From memory, I told her that such order was unusual among the General Orders - since it had no name of a judge who authored it, let alone a signature, and likewise, had no attestation by a clerk. Therefore, I questioned its validity and effect.  Ms Bullock checked it up, apparently found my recollection to be correct, and then told me that she would get back to me on the issue.

7)       Ms Bullock likewise stated that the denial of access to NEFs, except in one's own case, was founded in General Order 08-02. I challenged her from memory on that issue as well. I stated from memory that NEFs were mentioned only in one or two paragraphs of the order, but no reference was made to access, only to the NEFs function as certifying court records, and also as authenticating service and entry of parties' papers, and of court orders and judgments. Again - Ms Bullock said that she would research the matter.

8)       Ms Bullock stated that the denial of access to NEFs resulted from the fact that personal information was included in them. I challenged that answer, since the same information was also provided in the Parties and Attorneys page – which was publicly accessible. Ms Bullock agreed with me on that point.

9)       I also asked about the rules pertaining to issuing or not issuing of a valid NEF for a given record filed at court. The response was that an NEF was automatically issued any time a clerk scanned or posted a record into the PACER docket. I challenged that notion. It would have to be researched as well.

10)    I also raised the question regarding the display of general orders of the Court online. It was always the same exact 50 general orders that were available on display for public viewing and access, for at least two years. However, it was obvious that in fact, the total number of general orders of the court was much larger. Ms Bullock was not clear on that issue. However, in response to my request she promised to provide me a printout of the index of standing orders covering the period from 2001-2009. She stated that such period would cover all general orders pertaining to electronic filing at the California Central District.

11)    In general, although I was not an attorney, not even by a long shot, I believed that the issues discussed above had to be founded in either the Federal Rules of Civil Procedure, or in Rules of Court, but not in General Orders, let alone “unofficial manual” of CM/ECF.  I therefore also requested clarification regarding the legal foundation for any of the specific rules of the operation of electronic filing, as practiced in the Central District of California.

Ms Bullock told me that I could expect a written response soon after the beginning of the new years, and I am writing to repeat my request for such written response on the matters listed above.

Respectfully,

Dated: January 04, 2010                

La Verne, County of Los Angeles, California                             Joseph H Zernik

                                                                                                By: ______________
                                                                                                JOSEPH H ZERNIK
                                                                                                PO Box 526, La Verne, CA 91750
                                                                                                Fax: 801.998.0917
                                                                                                Email jz12345@earthlink.net

[1] http://www.scribd.com/doc/24681508/Zernik-v-Connor-CM-ECF-09-12-29-Request-and-Response-in-attempt-to-gain-access-to-records-US-District-Court-Los-Angeles-s

10-01-04 Requesting clarifications from Terry Nafisi, Clerk of the United States Court - whether docket of Zernik v Connor et al was an honest, valid, and effectual docket of the court...

Date: Mon, 04 Jan 2010 12:01:23 -0800
To:
From: joseph zernik
Subject: 10-01-04 RE: Zernik v Connor et al (2:08-cv-01550);The favor of a response within 10 business days was requested.

Dr Z

Joseph Zernik, PhD

PO Box 526, La Verne, CA 91750; Fax: 801 998-0917; Email: jz12345@earthlink.net                                 

Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

10-01-04        RE: Zernik v Connor et al (2:08-cv-01550)

Requesting clarification re authority of persons who entered transactions in the docket.

The favor of a response within 10 business days was requested.

TO Terry Nafisi, Clerk of the Court, United States Court, Central District of California, 312 N. Spring Street, Los Angeles, CA 90012, by certified mail, and  by email to [ ].

Dear Clerk Nakisi:

Happy New Year, and thanks again to Ms Dawn Bullock for her help and her patience during my visit to the Clerks Records Department on December 29, 2009.   Review of the docket and the NEFs demonstrated that a number of persons executed transactions in the docket of the above referenced case.  However, none of them was identified by name. Moreover, nowhere was any statement found to the effect that such transactions, and such docket were in fact executed by Deputy Clerks, by authority of Clerk of the Court, Terry Nafisi. 

I therefore request the following clarifications through statements on the record by Terry Nafisi, Clerk of the Court:
1)      That dt did/did not refer to Ms Donna Thomas.
2)      That Ms Donna Thomas was/was not authorized as a Deputy Clerk during the period covered by the docket of Zernik v Connor et al (2:08-cv-01550).  In case Ms Thomas was indeed authorized, please provide the date of her appointment as Deputy Clerk.
3)      That transactions by Ms Donna Thomas in the docket of Zernik v Connor et al (2:08-cv-01550) were/were not executed by authority of Terry Nafisi, Clerk of the Court.
4)      That the refusal on March 5-7, 2008, by Chris Sawyer, Pro Se Clerk, to issue summonses prepared by Plaintiff in Zernik v Connor et al (2:08-cv-01550), and his issuance instead of summonses prepared by Chris Sawyer, Pro Se Clerk, himself, which were docketed under the complaint (Dkt #1), and notated in the unnumbered second docket slot, was/was not by authority of Terry Nafisi, Clerk of the Court.
5)      That all other transactions in this docket, which were executed by court personnel, were/were not executed by authority of Terry Nafisi, Clerk of the Court.
6)      That the docket of Zernik v Connor et al (2:08-cv-01550), as displayed  in PACER was/was not deemed by the Clerk of the Court an honest, valid, and effectual docket of the United States Court, pursuant to United States law.
Respectfully,
Dated: January 04, 2010         
La Verne, County of Los Angeles, California                     Joseph H Zernik                                                                        

                                                                                      

                                                                 By: ______________
                                                                 JOSEPH H ZERNIK
                                                                 PO Box 526, La Verne, CA 91750
                                                                 Fax: 801.998.0917
                                                                 Email
Attached: Digitally signed copy of this letter.