Archive for December, 2007

US Supreme Court Joined The Cover Up Of The Racist Injustice By Unlawful And Fraudulent Means

December 18, 2007

Now finally it is the turn of the highest court of the US, the Supreme Court of the United States, to show the true face of “American justice”. It used the same kind of unlawful and fraudulent means like that employed by the lower courts to deny my access to court:              

On September 17, 2007, I sent a Petition For A Writ Of Certiorari and motion to proceed in forma pauperis to the US Supreme Court (SCT). The court refused to file my petition and returned it to me with a Letter on Sept. 25, 2007 , for reason “The petition is out-of-time.” The letter from the Clerk faked a “fact” that my petition was received by the Clerk’s Office on September 25, 2007, and reasoned that “the petition was due on or before September 23, 2007”.      

On October 12, 2007, I sent a letter to SCT clerk to clarify the facts: 

My petition was received by your office on September 24, 2007, not as you said on September 25, 2007. This is confirmed by Xpresspost USA of Canada Post that delivered the package for me (Attachments – the delivery confirmation certificate, the tracking records and the customer receipt). By Rules of the Supreme Court, the last day of the 90 calendar days for me to file the petition was September 23, however, that was a Sunday. Then the deadline was the next Monday, which was September 24, 2007. This is because the Rules of the Supreme Court stipulates:  Rule 30. Computation and Extension of Time  1. In the computation of any period of time prescribed or allowed by these Rules, by order of the Court, or by an appli- cable statute, the day of the act, event, or default from which the designated period begins to run is not included. The last day of the period shall be included, unless it is a Satur- day, Sunday, federal legal holiday listed in 5 U. S. C. § 6103, or day on which the Court building is closed by order of the Court or the Chief Justice, in which event the period shall extend until the end of the next day that is not a Saturday, Sunday, federal legal holiday, or day on which the Court building is closed. (Emphasis added)  So the last day of this 90 day period shall be September 24, not September 23.   And Rule 29 provides that  “A document is timely filed if it is received by the Clerk within the time specified for filing”.  Therefore when your office received my petition on September 24, 2007, it was filed, and was timely.              My petition was timely filed also because it was deposited in express mail, postage prepaid, and bears a postmark, showing that the document was mailed on September 18, 2007, (see the attachment) which was before the last day of filing  – September 24, 2007. Rule 29 provides: 

Rule 29. Filing and Service of Documents; Special          Notifications; Corporate Listing    2. A document is timely filed if it is received by the Clerkwithin the time specified for filing; or if it is sent to the Clerkthrough the United States Postal Service by first-class mail(including express or priority mail), postage prepaid, andbears a postmark, other than a commercial postage meterlabel, showing that the document was mailed on or beforethe last day for filing; or if it is delivered on or before thelast day for filing to a third-party commercial carrier fordelivery to the Clerk within 3 calendar days. If submittedby an inmate confined in an institution, a document is timelyfiled if it is deposited in the institution’s internal mail systemon or before the last day for filing and is accompanied by anotarized statement or declaration in compliance with 28U. S. C. § 1746 setting out the date of deposit and stating thatfirst-class postage has been prepaid. If the postmark ismissing or not legible, or if the third-party commercial carrierdoes not provide the date the document was received bythe carrier, the Clerk will require the person who sent the document to submit a notarized statement or declaration incompliance with 28 U. S. C. § 1746 setting out the details ofthe filing and stating that the filing took place on a particulardate within the permitted time. (Emphasis added) 

  I sent the same letter again on October 19, 2007. Since there was no response to my letters, I called the clerk, Gail Johnson twice but all my messages were never returned. I re-sent my petition with a declaration on mailing date for my Petition to the SCT, but on Nov. 27, 2007, it was returned to me again “for the reasons stated in prior correspondence from this office”.  Apparently, the issues that I presented in my petition are so significant in revealing the racist nature of the “justice” in US towards racial minorities, the Supreme Court of US prefers to hid its endorsement of all the injustice in this case, even by such shameful ways. This American justice system and this American government, from the very top to bottom, have no sense of decency in oppressing racial minorities by any means possible.   Here, by denying my petition, the highest court of US endorsed all the unlawful acts by the federal District Court, which have been outlined in my petition.