Evil under the Sun (4)! Re: Objections to Magistrate’s Findings and Recommendations Dear Troy Nunley (The District Judge of Eastern District of California), I received a so-called “ORDER AND FINDINGS AND RECEOMMENDATIONS” in court on Oct/20/2014. I am deeply disappointed with it that is not a findings and recommendations but a fault-findings and false accusations. First, I want to let you know something about me. I came here to seek justice and protection not to sue OBAMA. If OBAMA has not gone that far with his evil ally-Lee Hsien Loong to torture and persecute me I would not go to such step; moreover, I am not a lawyer; in addition, I have zero experience in America Federal court except a bad experience with my Immigration Judge named Tammy L. Fitting who has abused “unlimited discretion” to delay my hearing intentionally for conspiracy at NWDC. I go to this court to sue “Intentional torts” but I have got involved in another “International torts” from this court and my judge. Supposed I go to court for justice and peace but now the America courts and judges have become part of the problems, going out of their way to give an imprimatur to the evil at hand. Second, now I tell you my objections as follows: 1. Mistake: Dale Drozd recommended that plaintiff’s June 12, 2014 complaint (Dkt. No. 1) be dismissed. What the hell did he talk about? I filed my complaint on May/30/2014. Moreover, I checked my docket and saw Dkt No. 1 which given by court, the same date. Why did he make such a mistake? Is it just a mistake? I guess he has not read my compliant and details exhibits with total pages of 365. Just from this point, can he make a good order, finding and recommendations? 2. False accusations: Dale Drozd accused me that “I failed to notice my Aug 28, 2014 motion for hearing”. That’s false accusation. Again, I do not have any experience about federal court and local court, how do I notice my motion hearing from this court? If court informed me such hearing by writing or by phone, and I did not go to that hearing, then it is not too late to accuse me. However, he used that an excuse to deny my motion without prejudice. No, that motion denial is prejudice. 3. Twisting my statements: On Oct/10/2014, Dale Drozd told me that “My service is inappropriate.” Then I told him my situation and my frustration about to get right information from book and Internet (I have countless proofs that my life is under censorship and manipulation, not only computer Internet search, but also Android Internet search, email transactions, and phone calls, etc). My intent was to let him know my frustration and wished he could tell me how to serve properly. If he cares about justice and is a human. He should ask me “Have you done anything wrong?” “That seems ridiculous, this is America. Why those things have happened to you?” “Who have made you a ‘Public enemy’?” and “Who are behind the scene?” etc. But he twisted my honest statements as an excuse and concluded that “I did not have a good cause” to dismiss my complaint. 4. Changing the meaning of Federal Rule 4 (m): It says: “If a defendant is not served within 120 days after the complaint is file…” Again, I am not a lawyer and I have been misled by your “Simple guide” and summons etc to have inappropriate service. (See affidavit 01, 02, and 03). “Inappropriate service” and “No service” are fundamental differences. Why did he change the meaning of Federal Rule 4 (m) to dismiss my complaint? Third, now I want to defend his recommendations that “I did not have a good cause” to serve the complaint and summons. 1. Misleading from your court: 1) Simple Guide: a. Before filing the complaint, I went to court to get some information. The clerk seemed “nice” to give me “A simple guide to filing a Civil Action”. See, from page one, it says “As a pro se litigant, you enjoy every right entitled to you under the law. You need not to worry if you have little or no experience with the courts before” (See affidavit 04). See, “you need not to worry if you have little or no experience”. I was misled that “This court should be much better than that Immigration Court in NWDC.” b. The most critical one (see affidavit 05): “The court will issue a summons for all defendants and a copy of the summons must be served upon each defendants with a copy of the complaint.” See, it says clearly that “The court will issue the summons to all defendants.” So, I have been waiting for the answer from OBAMA until right now. About two months later I found out something wrong, then I served the same summons to the defendant. 2) Notice of Electronic Filing: SUMMONS ISSUED as to *Barack Obama* with answer to complaint due within “60* days. Attorney “Me”. (See affidavit 06) 3) Summons: Let’s see the summons itself: “To Barack Obama: YOU ARE HEREBY SUMMONS and requires to serve on Plaintiff.” (See affidavit 07) See, it also says clearly that “The court asks OBAMA to serve on me.” In general, attorneys perform service. However, as a “Pro Se” litigant, I perform both functions as a plaintiff and an attorney. That’s why I did service job. However, based on Federal Rule 4 (c) (2): “Any person who is at least 18 years old and not a party may serve a summons and complaint.” (I downloaded Federal Civil Procedures with doubt on Aug/22/2014 after I have found out that the court has played ploy.) This is some kind of tricky. See the word “may” but it does not say plaintiff can’t serve. So, since court says “I am the attorney” I took for grant to perform such job. 2. Negligence from your court: Since court knows that “I am a ‘Pro Se’ litigant” with zero experience about court at least clerks should show some kindness to perform as a gatekeeper to check all my documents (It benefits the litigants and the court). But they are not. 1) Based on Federal Civil Procedures, the clerk should give me the Form 2 to fill out my basic information, such as, name, address, email address, phone number etc. But the clerk named Meuleman. A did not give me that form. Moreover, I paid the $400 fee with my personal check with clearly my name and address. If she cares about justice, she should check my address and name but she did not and gave the wrong name and insufficient address (Here I want to clarify two points: I am comfortable to write my family name first if not causing confusion; and I omitted my apartment number for security reason. To make sure the defendant can deliver the answer to my address I updated my full address from USPS on June/03/2014.). 2) E-file: Now it is information age, especially in America. Why not let me use E-file to save time, money and efforts? But the clerk named Meuleman A says “Electronically filed documents must be served conventionally by the filter to me.” (See affidavit 06) 3) Based on 4 (a) (1) (B) “Be directed to defendant”, but there is no defendant’s address; (F) “Be signed by the clerk”, but there is no signature even electronic signature. (See affidavit 07) 3. Due Process: The regular way that the law is administered through the courts. The U.S. Constitution says that everyone has to have a day in court, has the right to be represented by a lawyer, and the right to benefit from court procedures that are speedy, fair, and impartial. Moreover, President Washington signed legislation providing that “In all the courts of the US, the parties may plead and manage their own causes personally or by the assistance of counsel.” I am not a lawyer and I do not have any experience about federal court and local court. If I can get a credible and capable lawyer, why not? I contacted ABA, CAL-bar, SF-bar, SAC-bar, SF-legal aid, SAC-legal aid, and many private lawyers, no one is willing to represent me? Why? The facts and laws are on my side. Who manipulate behind? Even in jail, the Chief Immigration Judge named David Neal (?) assigned me a lawyer named Erica Schommer to represent me. After I got out from jail I have another Immigration lawyer named Jenny Zhao to represent me. In addition, I wrote an email to the Director of Pro Bono named Sujean Park on Sep/03/2014 to ask her to help me to find a good lawyer but she did nothing. (See affidavit 08) US courts do have Pro Bono service to help those needy. Why not for me? Who deprive my rights of due process? 4. Deceptions: 1) On Jul/25/2014, I found out something wrong then I went to court to enquire. The clerk named Kastilahn. A gave me ORDER SETTING STATUS (If I did not go there maybe I could not get the order). I told her “Until right now I still have not received any response from defendant, what to do?” “He served to you today.” She told me. But actually not. Why she lied to me? 2) On Oct/14/2014, I went to court again to enquire some questions because the CRD named Pete Buzo did not want to answer my questions. One of question was: “Does it take how long for judges to response the motion?” “No time limit, because some cases are complicated.” I agree some cases are complicated but my case is simple unless political involved. Then I sent email to my Immigration attorney named Jenny Zhao about this issue. She told me “In general, judges should response within 10 days.” (See affidavit 09) So, why this clerk lied to me again? 3) On Oct/10/2014, a. I asked Dale Drozd: “Can I get a Mandarin interpreter?” He said: “An interpreter is for criminal only, not for civil court.” However, when I stayed in jail, my immigration judge called the Translation Company to get the interpreter for me every time. Why Dale Drozd lied to me? b. I asked Dale Drozd: “Can you recommend one credible and capable lawyer for me?” He told me “No, we do not.” But I checked from CAED website, it provides “Pro Bono” service. Why Dale Drozd lied to me again? c. I asked Dale Drozd “Do you have self-help center in this court?” He said “No.” But actually I saw there is a library in this court. Not ridiculous? No one lawyer is willing to uphold justice for me. And I asked for self-help, why he lied me? 4) Dale Drozd assistant named Pete Buzo also lied to me that “There is nothing issued by the court that states the court will issue summons to a defendant. Under no circumstances does the court issue summons to a defendant.” (See affidavit 10) But actually courts issue the summons to all defendants. Why he lied to me? 5) On Oct/14/2014, Judy Streeter (?), Relief Courtroom Deputy told me that “The Court will be issuing an order addressing your concerns on this matter.” But actually it is a dismissal order and denial order instead of addressing my concern. Why she lied to me? (See affidavit 11) 6) On Oct/14/2014, I asked the clerk “Could you tell me how to serve properly?” He told me “Wait for the order of judge, the judge will tell you how to do?” But actually it is not? Why he lied to me again? 7) On order dated Oct/17/2014, Dale Drozd wrote that “he inquired of plaintiff as to why the named defendant had not been served property and whether plaintiff could property serve the defendant if provided additional time.” No, he did not tell me the reason but just told me “Your service is inappropriate” and did not ask me whether I need additional time. Why he lied again. So, I have tried by best to get the lawyer to help me, followed instructions from your court, cooperated with your court clerks and served all the related documents, such as complaint, summons, and all filings in your court to the defendant, finally hope that the court can give me relief. Why Dale Drozd concluded that “I did not have a good cause?” Fourth, now I talk about Intentional Delay: Based on Federal Torts Claims Acts 230.30: “The complaint should be resolved (either settled or denied) within 6 months after submission.” If Dale Drozd really wants to carry out justice and is competent, he should give me a “Trial schedule” and show me how to finish my complaint within this time frame. Moreover, I wrote two time of such request, he did nothing. I filed my complaint on May/30/2014, there is zero progress in my case. Now he just simple denied me with ridiculous reasons. Fifth, now I talk some politics: Based on “Code of judicial conduct” of Canon 4: A judge should not engage in political and campaign activity. However, 1) Based on 7th Amendment, I have the right to demand fair jury trial. So, I filled up the “Jury demand” at Civil Cover sheet but judge (or the clerk) removed such demand. Why? Because he does not want OBAMA to be embarrassed to the public? 2) My right of filing grievance is deprived. How? Just ask Dale Drozd to dismiss my compliant with the ridiculous reason “I did not have good cause.” So, OBAMA needs not to hold accountability for his bad judgment, wrong decision and intentional torts. Sixth, now I have some recommendations: 1. Find a credible and capable lawyer for me ASAP; 2. If not for 1, give me details how to serve the defendant; 3. Re-issue the summons based on exactly requirements of 4 (a) (1); 4. I prefer serving on my own because I do not want anyone to be retaliated by OBAMA. If you insist by other or by a Marshal, you give the order. 5. Give me a reasonable time to serve; 6. Grant my request of “Trail Schedule” and Motion to speed up the whole proceedings to match Federal Torts Claims Acts 230.30. Finally I talk about the Canon 1 of “Code of judicial conduct”: A judge should uphold and promote the independency, integrity and impartiality of judiciary. 1st, independency: Is Dale Drozd independent? Apparently not, he is motivated by his career and politics and possible insidious corruptions; 2nd, integrity: Does he have integrity? Why he lied to me? Moreover, I have tried my best to search credible and capable lawyers to help me, and asked clerks many times “Please tell me what service is considered a good service?” And asked Dale Drozd “Could you tell me exactly what good service is?” But he has accused me falsely that “I did not have a good cause” and used that an excuse to dismiss my complaint. In addition, is there any written law in America Constitution to say that anyone with valid legal document comes here to seek political asylum must be put in jail and must be tortured and persecution? If yes, I will drop my complaint voluntarily; 3rd, impartiality: Does he treat me fair? I have been put in jail wrongly for more than 279 days; moreover, I have been tortured and persecuted since June/05/2013. Do I deserve to be put in jail? Do I deserve to be tortured and persecuted by local goons and busted groceries/restaurants? If OBAMA thinks that “I am a terrorist who poses an imminent threat to national security or public safety” he can response with counterclaim or if OBAMA thinks “I libel him” he can sue me for defamation. Otherwise, please stop torture and persecution immediately and pay the reasonable redress to me. I gravely concern my health and well-being. Please help me.
Posted on: Fri, 31 Oct 2014 18:14:46 +0000
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