Archive for April, 2009

US court’s conspiracy to create “procedural defects” through fraud and deceit to dismiss my civil rights case

April 18, 2009

 

On June 4, 2008, I filed a civil rights case against 23 Defendants, who are all US federal and California state officials, including former US Attorney Generals, US Department of Justice “Civil Rights Division” officials, US Congressman Smith, former forepersons of California Indictment Grand Jury, San Francisco Police Department, CNN, youtube, etc., alleging that they violated my right to equal protect by criminal law and my right to free speech, etc.

 

On March 11, 2009, Judge Phyllis Hamilton dismissed my Complaint with prejudice against 19 Defendants of the case for reason of “lack of service”. Yet this “lack of service” was caused by fraud, deceit, etc. that were conspired by the court with the Defendants of my case.

 

For instance: at first, the court e-filing system officially informed me that Deputy Attorney General of California Kay Yu filed an official court document for Defendant former Attorney General Ashcroft; following the then presiding judge Armstrong’s explicit confirmation on Ashcroft’s appearance before the court in a court order. And then, the court clerk altered the filing record to that Kay Yu filed the document for herself in stead of Ashcroft (Yu is also a Defendant to the case) without my knowledge. As a result of my unawareness of this change, I skipped to serve Ashcroft with summons and Complaint (as by law, defendants who appeared before the court voluntarily without being served need not be served with the process). Then Judge Hamilton dismissed my case against Ashcroft “with prejudice” (so that I cannot re-file this case again) for reason I did not serve on Ashcroft.

 

After I discovered this fraud, I requested investigation by the court and alleged that this docket record change is unlawful that violated the federal procedural rules, since by the rule, the change can only be done by Kay Yu, the original filer, through re-filing, and upon the re-filing, I as a party, would be automatically notified by email message about the change. Judge Hamilton only briefly mentioned the change of the docket record in a footnote of her Order to dismiss my Complaint, saying Yu made a “mistake”, the court’s Office of Clerk “corrected” it. She never answered my questions such as “Even if this change was what Ashcroft and Yu intended, how did the court know their intention and would act on their behalf to do so for her? Does that mean the court is in fact an agent of the Defendants to this case?”

 

I filed a Second Motion for Discovery Investigation for the court to answer my questions, and I also filed a Motion for Relief from Order of Dismissal by Hamilton for reason of the fraud, and other deceit committed by the court in its orders, such as faking California service rules, faking a never-existed claim for my Complaint against CNN, and dismissed my action on basis of such fraud. I further alleged that the court does not have the authority to dismiss my case “with prejudice” under law, and to do so to me is a naked discrimination on basis of my civil rights case and my race for I am treated differently from other litigants.

 

On April 16, 2009, Judge Hamilton issued an order denying all my requests, including my motion to disqualify her. Again, she avoided addressing the questions I put before the court, and still assert the change of the docket was a “clerical mistake”. Obviously the court is not able to answer my questions, which can only mean that there are some secrets over this matter that can never be told. So the alteration could only be a covered operation, a fraud, and it was a conspiracy against me participated by the court and the Defendants of this case. They needed this conspiracy since if Yu did the “correction” in means provided by the Rules, the E-filing system would automatically serve the “correction” filing on me; yet if the court did so with its internal privilege to access and manage the court’s e-filing system, the “correction” could be done without my knowledge. 

 

Through such conspiracy and fraud, the court and the Defendants created “procedural defects” to dismiss my case. They needed to dismiss my case on procedural grounds, because a denial on the merits of my complaint can only be a denial of all the most fundamental legal principles that a “democratic society” is based on so that the hypocrisy of the so called American democracy will be revealed.  Yet when dismissing my Complaint on “procedural defects” grounds, especially for “lack of service”, the Defendants can completely avoid addressing the issues of racism in American criminal justices system and so on raised in my Complaint, since they now do not even need to file a motion to dismiss my Complaint on merits. And the dismissal is “with prejudice”, so only with some trivial and frivolous “defects” caused solely by the conspiracy, the Defendants and the court conveniently barred me from seeking redress against the racism in American criminal justice system for my human rights.

 

More details on the court’s other fraud, discrimination and violation of rules can be found here in my motion for relief from Hamilton’s Orders, and my motion to disqualify Hamilton.

 

Click hereto read my First Amended Complaint; here for motion to dismiss by CNN; Smith; Armstrong, and Yu. Click here for my Opposition to CNN’s motion to dismiss; here for my Motion to Disqualify judge Hamilton;

 

Click here for Hamilton’s Order of Dismissal of my Complaint for lack of service; here for Order granting CNN’s motion to dismiss; here for issues regarding e-filing. Click here for my motion for relief  from order of dismissal; herefor Hamilton’s Order denying my motion for relief and motion to disqualify.

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