Flap’s Links and Comments for July 1st through July 2nd

These are my links for July 1st through July 2nd:

????????? ?? ???????????? Rob Neppell – For all those who are praising Google+ for the dearth of Farmville and other timewasters, I have eig
@Flap Twitter Updates for 2011-07-02 | Flap’s Blog – FullosseousFlap’s Dental Blog – @Flap Twitter Updates for 2011-07-02 #tcot #catcot
Judge in Calif. death penalty case assigned to Washington – The federal judge who five years ago halted executions in California is leaving the San Jose bench, the state – and most likely the contentious death penalty case – for a new job in Washington.
U.S. District Judge Jeremy Fogel on Friday was named to direct the Federal Judicial Center and will be moving to the nation's capital in October, long before any resolution in the protracted legal challenge to lethal injection case can be expected.
Fogel said he has neither ruled out taking the case with him to the largely academic post as center director, nor determined whether that is an option under the judiciary's rules. But Fogel noted that the court record in the lethal injection case brought by death row inmate Michael A. Morales is "voluminous" and would be a time-consuming task for another judge to take over.

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More delay no doubt for any executions in California

2 Comments

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July 2, 2011 at 5:01 pm

Flap’s Links and Comments for July 2nd on 08:01 | Flap's Blog - FullosseousFlap's Dental Blog

Anonymous

July 3, 2011 at 12:29 am

I just hope Judge Foley will do something to help the plight of pro se litigants such as myself.
I may not be a genius but I have a masters’ degree from MIT. You’d think that would make me “smart enough” to get through federal procedure. If I can’t do it, what chance do the 95% + plus of U.S. Citizens have in enforcing their ObamaCare contracts in federal court if they can’t afford $100 K plus for a lawyer? I did a lot of research too.

In my case, I verified every document I wrote under penalty of perjury but was not accused of perjury. There were no motions to impeach my testimony. There were no findings of fraud on my part, no Rule 11(c)(6) orders. There was no jury trial. No opinion. No motion hearings. No witnesses. No depositions. The judge ordered me to pay $103 K + to the defendants’ law firms and to some other law firms that didn’t file notices of appearances or documents. Most of them didn’t even itemize their costs and the others billed for reading and talking. The 10th Circuit ruled that Rule 11 doesn’t require a Rule 11(c)(6) order; all it requires is a magistrate’s recommendation and an opportunity to file an objection, which can be ignored. This caused me to lose my credit rating, my business and my home.

Also, I was put in jail for 5 months without a criminal charge, an arraignment, a government prosecutor or a bail hearing. I don’t have a criminal record. There wasn’t a document that complied with Rule 65(d0(1)(C). In fact there wasn’t even a motion for an injunction. The attorney bills show they circulated a draft and discussed it with some judicial officials but it wasn’t actually filed so I don’t know what it said. Anyone can see the attorney bills and the transcripts on PACER in my cases in Colorado, DC, Kansas and Minnesota. In Colorado and Minnesota it was ruled that I couldn’t represent myself and also that I had no right to a lawyer. Maybe Judge Foley would have suggested something I could have read. I did, however, read stacks of books including parts of Federal Procedure Lawyer’s Edition. I relied on West Law but West Law wasn’t good enough.

I was stupid to believe that non violence and honesty were the best approach. I never should have believed Justice Thurgood Marshall because he is dead. Don’t believe: “The
1871 Congress intended § 1 to “throw open the doors of the United States
courts” to individuals who were threatened with, or who had suffered, the
deprivation of constitutional rights, id. at 376 (remarks of Rep. Lowe), and to
provide these individuals immediate access to the federal courts.” Patsy v.
Board of Regents of State of Florida, 457 U.S. 496 (1982). You see that was written 29 years ago. Now federal courts are only for criminal prosecutions, bankruptcies, and big business.

Pingback:

July 2, 2011 at 5:01 pm

Flap’s Links and Comments for July 2nd on 08:01 | Flap's Blog - FullosseousFlap's Dental Blog
Anonymous

July 3, 2011 at 12:29 am

I just hope Judge Foley will do something to help the plight of pro se litigants such as myself.
I may not be a genius but I have a masters’ degree from MIT. You’d think that would make me “smart enough” to get through federal procedure. If I can’t do it, what chance do the 95% + plus of U.S. Citizens have in enforcing their ObamaCare contracts in federal court if they can’t afford $100 K plus for a lawyer? I did a lot of research too.

In my case, I verified every document I wrote under penalty of perjury but was not accused of perjury. There were no motions to impeach my testimony. There were no findings of fraud on my part, no Rule 11(c)(6) orders. There was no jury trial. No opinion. No motion hearings. No witnesses. No depositions. The judge ordered me to pay $103 K + to the defendants’ law firms and to some other law firms that didn’t file notices of appearances or documents. Most of them didn’t even itemize their costs and the others billed for reading and talking. The 10th Circuit ruled that Rule 11 doesn’t require a Rule 11(c)(6) order; all it requires is a magistrate’s recommendation and an opportunity to file an objection, which can be ignored. This caused me to lose my credit rating, my business and my home.

Also, I was put in jail for 5 months without a criminal charge, an arraignment, a government prosecutor or a bail hearing. I don’t have a criminal record. There wasn’t a document that complied with Rule 65(d0(1)(C). In fact there wasn’t even a motion for an injunction. The attorney bills show they circulated a draft and discussed it with some judicial officials but it wasn’t actually filed so I don’t know what it said. Anyone can see the attorney bills and the transcripts on PACER in my cases in Colorado, DC, Kansas and Minnesota. In Colorado and Minnesota it was ruled that I couldn’t represent myself and also that I had no right to a lawyer. Maybe Judge Foley would have suggested something I could have read. I did, however, read stacks of books including parts of Federal Procedure Lawyer’s Edition. I relied on West Law but West Law wasn’t good enough.

I was stupid to believe that non violence and honesty were the best approach. I never should have believed Justice Thurgood Marshall because he is dead. Don’t believe: “The
1871 Congress intended § 1 to “throw open the doors of the United States
courts” to individuals who were threatened with, or who had suffered, the
deprivation of constitutional rights, id. at 376 (remarks of Rep. Lowe), and to
provide these individuals immediate access to the federal courts.” Patsy v.
Board of Regents of State of Florida, 457 U.S. 496 (1982). You see that was written 29 years ago. Now federal courts are only for criminal prosecutions, bankruptcies, and big business.