Archive for July, 2009

Criminal Complaint filed against two US District Court judges

July 26, 2009

On Jun 4, 2008, I filed a civil action with US District Court for Northern District of California. (Case # 08-cv-02776) This is a constitutional, civil, and human rights case challenging the racially motivated refusals by United States government officials and California state officials to investigate my criminal complaints, and the conspiracy by federal justice administrative officials with the US major media to place a secret prior restraint on my Internet free speech about my human rights case without due process of law in purpose to cover up my human rights cases against the US, etc. By these unlawful acts, the Defendants, acting under color of state law, violated my rights to Equal Protection under the Fourteenth Amendment, to free speech under the First Amendment, violated §1985 of USC for Conspiracy to Interfere with Civil Rights, etc. This action seeks damages and declaratory relieves under Title 42, Section 1983 of the United States Code and other federal and California State statutes, etc. Defendants include the former US Attorney General John Ashcroft, Deputy Attorney General of California Kay Yu, federal judge Saundra Brown Armstrong, CNN, youtube.com, etc. (Federal court case # 08-02776)

 The case was assigned to US Magistrate Judge Edward Chen initially. After I filed a Declination to Proceed before a US Magistrate Judge, the case was reassigned to District Court judge Saundra Brown Armstrong. I added Armstrong as a Defendant party, she subsequently disqualified herself, and the case was reassigned to Phyllis Hamilton.

Hamilton dismissed my Complaint as against all the Defendants with prejudice and entered judgment in favor of them on May 15, 2009.

 All the dismissal, except the ones for Judge Armstrong and Yu (that can deemed as issues at law), are either based upon Judge Hamilton and Armstrong’s criminal fraud or manufactured by a conspiracy plotted by these judges and the Defendant government officials of my case against my civil rights case that was purposed to create “procedural defects” in the process of my case for purpose to avoid dismissing my case on the merits of my case.

 As a result, I have filed criminal Complaint with US Attorney General Eric Holder, the FBI, and the United State Attorney for California against judge Armstrong, Hamilton, Armstrong’s clerk “jlm”, and Yu. The following is my allegations:

 1). United States District Court Judge Saundra Brown Armstrong:

[1], knowingly and willfully falsifying a material fact in her Order that “defendant Ashcroft declined to proceed before a magistrate judge”, misleading me into skipping service of process on Ashcroft, causing the dismissal with prejudice of my case against Ashcroft for lack of service, in violation of USC §1001 (a)(1) – False Statements;

 [2], causing her clerk “jlm” to alter court records, changing Defendant Yu’s court filing record from “Declination by Ashcroft” to “Declination by Yu”, in violations of USC §1512 (b)(2)(B) –  Knowingly causing another person to alter objects for use in an official proceeding,  USC § 1519 – alteration of records in Federal investigations, and USC § 1506- Theft or alteration of record or process in court; 

[3], knowingly and willfully concealing the falsity of the “Declination by Ashcroft” by causing its alteration to “Declination by Yu” without service on me to keep me from knowing the truth, in violation of USC §1001 (a)(1) – False Statements;

 [4], knowingly and willfully concealing the falsity of the attorney information “Yu as counsel for Ashcroft” by causing its alteration to Yu representing herself without service on me to keep me from knowing the truth, in violation of USC §1001 (a)(1) – False Statements;

 [5], conspiring the above said crimes with co-conspirators hereinafter complained of, in violations of USC § 371- Conspiracy to commit offense and USC § 241- Conspiracy against rights.

 2). United States District Court Judge Phyllis Hamilton:

 [1], using the unlawfully altered court record “Declination by Yu” in dismissing my case knowing the same to be a fraudulently concealed fact, in violation of USC §1001(a)(3) – Using False Statements;

 [2], using the unlawfully altered court record on attorney information “Yu representing herself” in dismissing my case knowing the same to be a fraudulently concealed fact, in violation of USC §1001(a)(3) – Using False Statements;

 [3], knowingly and willfully falsifying a claim for my Complaint and using it as basis to dismiss my Complaint as against Defendant CNN with prejudice, in violation of USC §1001 (a)(1) – False Statements.

 [4], conspiring the above said crimes with the co-conspirators hereinafter complained of, in violations of USC § 371- Conspiracy to commit offense and USC § 241- Conspiracy against rights.

 3). Deputy Attorney General of California Kay Yu:

 [1], knowingly and willfully falsifying a docket entry that she filed a Declination to Proceed Before a Magistrate Judge for Defendant John Ashcroft as his attorney, misleading me into skipping service of process on Ashcroft, causing the dismissal of my case against Ashcroft with prejudice for lack of service, in violation of USC § 1519- falsification of records in Federal investigations, USC § 1506- Theft or alteration of record or process in court; 

[2], knowingly and willfully falsifying attorney information that she was attorney for Defendant John Ashcroft, misleading me into skipping service of process on Ashcroft, causing the dismissal of my case against Ashcroft without prejudice for lack of service, in violation of USC § 1519- falsification of records in Federal investigations;

 [3], causing the alteration of court records to change the docket entry from “Declination by Ashcroft” to “Declination by Yu”, in violations of USC §1512 (b)(2)(B) –  Knowingly causing alteration of objects for use in an official proceeding,  USC § 1519 – alteration of records in Federal investigations, and USC § 1506- Theft or alteration of record or process in court; 

[4] causing the alteration of court records to change the docket attorney information from Yu representing Ashcroft as counsel to Yu representing herself without service on me, in violations of USC §1512 (b)(2)(B) –  Knowingly causing alteration of objects for use in an official proceeding,  and USC § 1519 – Destruction, alteration, or falsification of records in Federal investigations, and USC § 1506- Theft or alteration of record or process in court; 

[5] conspiring the above said crimes with co-conspirators hereinafter complained of, in violations of USC § 371- Conspiracy to commit offense and USC § 241- Conspiracy against rights.

 4).  clerk for Judge Saundra B. Armstrong “jlm”:

 [1], knowingly and willfully altering court records, changing Defendant Yu’s court filing docket entry from “Declination by Ashcroft” to “Declination by Yu”, in violations of USC §1512 (c)(1) –  alteration of court records in an official proceeding,  and USC § 1519 – alteration of records in Federal investigations, and USC § 1506- Theft or alteration of record or process in court; 

 [2], knowingly and willfully concealing the falsity of the “Declination by Ashcroft” by altering it to “Declination by Yu” without service on me to keep me from knowing the truth, in violation of USC §1001 (a)(1) – False Statements;

 [3], knowingly and willfully concealing the falsity of the attorney information “Yu as counsel for Ashcroft” by altering it to Yu representing herself without service on me to keep me from knowing the truth, in violation of USC §1001 (a)(1) – False Statements;

 [4], conspiring the above said crimes with the co-conspirators hereinafter complained of, in violations of USC § 371- Conspiracy to commit offense and USC § 241- Conspiracy against rights.

 To summarize what transpired about my Complaint:

 With regard to the dismissal of my Complaint against former Attorney General of US Ashcroft –

Yu made a docket entry to indicate that she filed a “Declination to Proceed before a US Magistrate Judge by John Ashcroft”, and recorded that she was attorney for Ashcroft; I expressed my confusion about the filer identity of the Declination in a motion since there was no mentioning of Ashcroft in the Declination document itself; judge Armstrong stated a fact in her Order that “defendant Ashcroft declined to proceed before a magistrate judge”; 12 days later, Armstrong’s clerk “jlm” altered Yu’s docket entry to change it from Declination by Ashcroft to Declination by Yu and altered the Attorney information from Yu representing Ashcroft to representing herself; these alterations were not served on me in any way;  unaware of the changes, I relied on Armstrong’s fact statement and skipped service of process on Ashcroft; I discovered the alteration and requested investigation; Judge Hamilton dismissed my Complaint as against Ashcroft with prejudice for failure to serve him with process, finding Ashcroft never filed the Declination, Yu made a mistake to file the Declination and the court “corrected it for Yu”; I made second request for investigation; Hamilton insisted Yu’s filing of the Declination was a “clerical error”, and further explained that “it is the filed document that controls, not the docket entry”, and Yu could have never represented US Attorney General Ashcroft because of her status as Deputy Attorney General of California.

 With regard to the dismissal of my Complaint against CNN –

 Hamilton dismissed my case against Defendant CNN on basis of a fraudulent misrepresentation of my Complaint – that I made a § 1983 claim against CNN, that CNN as a private corporation is not a “state actor” so cannot be sued under § 1983. Despite that I alleged in a motion against this dismissal that she faked this § 1983 claim and provided her the evidences about the falsity, including evidences produced by herself in that she precisely indicated in the same Order that my claim was not § 1983 claim but a 1st Amendment of the Constitution for free speech claim, Hamilton never even responded to my allegations.

With regard to the dismissal of my Complaint against Congressman Smith –

 Same as for CNN, Hamilton also dismissed my Complaint against Congressman Chris Smith on basis of a criminal fraudulent misrepresentation – that I claimed “damages” from Smith and Smith as a Congressman cannot be sued for damages. Yet I never make such a claim for damages, but only sought declaratory relief against Smith in my Complaint.

 With regard to the dismissal of my Complaint against those Defendants for “lack of service” –

 This “procedural defect” (lack of service) was actually created by Judge Armstrong and Hamilton through a conspiracy with the Defendants (please read my criminal complaint to find out details).

 I believe that this conspiracy was deployed since 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.   Therefore it is more favorable for this “justice system” to dismiss my Complaint on “procedural defects” grounds, especially for “lack of service”, that would enable the Defendants to 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.

 I have not received any response from the Obama administration on my criminal Complaints. Of course I do not expect the US criminal justice authorities, headed by Attorney General Eric Holder, would ever take on my complaints, because not only my Complaint is against the White racism, but also the two judges complained of in my Complaint are Blacks, just like Holder himself and the President Obama. Although these Blacks in highest positions of US have been quick at dismissing criminal “vote intimidation” charges for Black Panthers, and condemning false arrests of Black professor Gates, they would never speak for me for I am not Black but Chinese.

 I could have more sympathetic about that Obama was forced to retract his comment on Prof. Gates false arrest by the White police officer, short of a formal apology. But I truly believe that the President and those Black elites in high positions, got what they deserve. For they, although black in color, have already made themselves part of the White racism towards other people of color like me.

In my case, these two Black judges tyrannized me for the White racism in the US criminal justice system challenged in my case, even conspired to commit crimes of forgery, false statements, etc., to set up my case for dismissal on “procedural defects” to save the White racist authorities from my civil rights challenge. They acted even more viciously, mercilessly, and shamelessly than the White judges towards me, without concern of any sort of decency. Perhaps they know that is what the White elites need them for: to act out the most indecent and most vicious tyrannizing acts, including crimes, towards other not-their-own-kind of people of color for the White racism as its pawns, puppets, so that the White racism can get disguised under their Black colors. For the same reason, all the most overt tyrannizing acts including crimes against me by officials within the justice systems, no matter in US or Canada, have been all committed by the racial minorities – Blacks, Jews, Native Indians, Chinese, Latinos, etc. That makes one wonder if this is a meaningful explanation for their “racial minorities” status and their past and present fate. 

 So as far as my concern, these Black elites like Obama are already not Blacks, but “House Servants” of the White elites, who willfully and intentionally conduct themselves as part of the White racism. It is only ironic for me to see that the House Servants got a slap on wrist by their masters. And since they play by the racial line themselves, they have no justifiable reason to cry racism for the Whites acting on their own racial lines.

Here is my criminal complaint.

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