According to the Federal Rules of Appeals Procedure (F.R.A.P.), there is a time limit for every motion and response. As to the Motion to Expedite, I had motioned for this when I was not receiving answers from the Clerk’s Office. This was after I was told by a clerk that, on November 17, 2011, my case had been submitted to the Panel to determine the status and direction of this case. I had waited until January 2012 without any answer or information on the next steps. I began calling the Clerk’s Office to receive updates. I was then told that the case was now in the hands of the Panel for decision and one would come before the end of January. After no answer, I started calling the Clerk’s Office again, but all I received were unanswered questions and angry attitudes from the clerks. I then entered a Motion to Expedite on February 16, 2012. Now, keep in mind that F.R.A.P states that this Motion goes to the Motions Panel which is made up of Justices only. Only the Motion’s Panel can determine to grant or deny this motion. Also, this motion must be answered within 7 to 14 days. I never received an answer so, after waiting 24 days, I started calling the Clerk’s Office again. I would call at least twice a week to receive and update. After finally being fed up with no answers and the cold shoulder from the clerks, on June 1, I spoke with a Motion’s Supervisor and confronted him about my case and questioned him as to why I had not received an answer to my Motion. I stated the rules to him. Later that afternoon, I received the order denying my Motion to Expedite signed by the Clerk of Court, not by a Panel member. There was not even any mention of who they were even though they are listed. That was for the remainder of the month of February, 2012 and the month of February, March, April, and May. This so-called answer stated that my case was fully briefed and would be heard in due time. Keep in mind that my case was fully briefed and would be heard in due time. Also keep in mind that once a case goes to Panel, it should only take a total remainder of that month or no more than the next month in the worst case.
There were no signatures of any kind from any of the judges. Not even from the Clerk, even though they are not supposed to sign off on this. . . .There were supposed to be signatures after they affirmed the decision to show who ordered this agreement with the lower courts. If the case paperwork stated that it was supposed to be brought before Justices Silverman, Thomas, and Schroeder only, then it should have been signed off by anyone of these three – the author of the opinion.
Federal Rules of Civil Procedures (F.R.C.P.) states that, after your case is over in Appeals Court, you have a total of 14 days from the date of the ruling. That date would be July 30, 2012. I filed the rehearing petition on August 8th. I should have received a reply within 21 days from the time of filing. That would have been on or around September 25th at the latest. The deadline for my appeal to the Supreme Court was October 27, 2012. I had waited until October 22, 2012 to file my Writ and I also stated the reason for filing my Writ to the Supreme Court – that I had not received any answer from the En Banc Panel on whether or not they had accepted my case for rehearing. After not receiving any answer from the Clerk of Court, Molly Dwyer, from my follow up letter, I was told by the Clerk of the Supreme Court my deadline date and that there are no exceptions. . . . .They (certain unknown clerks in the 9th Circuit Court of Appeals for the United States) were in collusion with B.P.’s attorney, Christopher Keegan, to keep me from making my deadline to file in the Nation’s Supreme Court.
I can’t say where the judges actually were, but I can say that Justice Thomas was on Calendar to preside over an oral hearing the week of July 16. This can be verified by checking the calendar. The rules do not allow for a Justice to preside over an appeal and render a decision on a merits case during his time in oral hearings. It is a conflict of interest. Also, I had read that, during that time, Silverman and Schroeder, were out of the area in Seattle and Arizona. This also can be verified by their calendar. You will not see them in San Francisco!
First, just look at the Mandate! Notice the file stamp in the upper right corner. It is different from any of the other file stamps used by the 9th Circuit Court of Appeals. The file stamp on the majority of the Motions filed are in a square box. This one clearly looks like an old stamp that was not retrieved when the new one was issued.
Second, the title states “Not For Publication!” This decision that was supposed to be rendered by these Justices set a precedent and changes over 4 Federal rules and a State statute. This should go into the law journals and addendums so the entire legal system is made aware of the new rules. It is my strong contention that, because B.P.’s attorneys underestimated me because I was not an attorney and represented myself, I would not know or understand the law. I felt that they thought that they could barrage enormous amounts of paper to get me to go away and discourage me from continuing forward. The purpose was to cover up the collusion and fraud and misrepresentation that happened in the District Court of Northern California between B.P.’s Attorneys (J. Andrew Langan, Christoper Keegan, and Magistrate Judge LaPorte).
I would like to say that, just because I caught a few rogue lawyers, one Magistrate Judge, and a handful of rogue administrative clerks in fraud, temporary collusion, and falsifying government documents, that does not change the intention of our justice system. When our forefathers established our system and rule of law, they were attempting to bring order from tyrants and establish a democracy for all to live by - not to allow for personal usage and greed, or to gain favors for those who are able to afford it. Since this has happened to me, it could very well be happening to many more undeserving persons in our country. We must do something about this. I ask everyone to help me fight this travesty of justice and write the Judicial committee, your congressperson, and your senator as well as the Attorney General and make them aware that you, the average citizen, are aware of the fraud, collusion, misrepresentation, and backroom deals that are being made in our Judicial system and this case should be reversed or actually reviewed and reversed by the powers that be and bring all parties to justice for the following: Judicial Terrorism, a violation of Due Process and Due Proof, Fraud, falsifying of government documents, tampering with government documents, and intentional cover up. All of those actions stated amount to Judicial terrorism (acts against the U.S. government for personal or political gain). People, we need to work together and I need your help.