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UPDATE Ashley Lewis of the House Judiciary Committee was informed of the bogus response I received from the Office of Assigned Counsel and that my petition was blocked from the Director and Judicial Conference Committee by staff in the Administrative Offices of the US Courts---this entire file and more was emailed to the House Judiciary Committee MONTHS ago and it was Ashley Lewis' email that received the files. Today 11/14/2012 this worthless public servant tells me that the Judiciary Committee can do nothing and I have to write the Judicial Conference--when I informed her, that I did that months ago and that I was instructed to send all the files I sent to Washington DC with the bogus response I received to her, she hung up on me. CALL FOR HER RESIGNATION OR ASHLEY LEWIS' IMMEDIATE RELIEF OF DUTY !!!! [email protected] I am not sure about the next email but possibly correct and a superior of Ms. Lewis [email protected] Published in The New York Times on February 14, 2012LEWIS--Robert, founding partner of the labor and employment law firm Jackson Lewis, LLP, died peacefully Sunday morning...Per Ricardo Jones who was fired after exposing corrption at the EEOCThe Law firm of Jackson Lewis LLP of NYC is involved in corruption with the EEOC's NYDO. If an investigation against Jackson Lewis' clients looks like it will be reasonable cause the management at EEOC-NYDO will suspend the investigation and allows the complaint to be assigned to Mediation (ADR) with no cause findings against Jackson Lewis' clients. Their other Law firms are involved with and benefit from the corruption at the EEOC nation wide. Robert Lewis owner of Jackson Lewis was a part-time contract mediator at the EEOC-NYDO... EEOC managers are fixing cases for Jackson Lewis. Jackson Lewis has changed its websites to cover-up the above. Clearly WE the PEOPLE of these UNITED STATES need to take action that will halt federal funding of the corrupt Federal Judiciary including the Administrative Office of the US Courts. There are too many crooks and liars working for the 3rd branch of our government who take the stance that they are exempt from federal law. The federal courts in Massachusetts have no problem completely ignoring ACTS of CONGRESS and it seems that they are getting away with it. The Director for the Administrative Offices of the US Courts, Judge Hogan, receives award and denies that problems with corruption exist in the US Courts http://news.uscourts.gov/humbled-judge-hogan-receives-devitt-award-warns-crossroads-courtsFOLKS WE SUPPORT THESE WORTHLESS PUBLIC SERVANTS!!!! https://twitter.com/rebelready/status/245272308493717504/photo/1/large https://twitter.com/rebelready/status/231837045344059392/photo/1/large https://twitter.com/rebelready/status/232496804099411968/photo/1/large https://twitter.com/rebelready/status/234338666816884736/photo/1/large
Citation preview
To: ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS ROBERT K. LOESCHE General Counsel January 24, 2012
Dear Mr. Loesche,
I sent the office of general council a very valid, evidence supported complaint of judicial
misconduct and well documented proof that no legitimate judicial misconduct complaint
process took place due to extensive corruption in the circuit executive office of the first circuit;
the package was received on December 14, 2011. I am a Disabled American and my
government has apparently determined me to be a worthless human being who should be
denied all rights—civil and constitutional. I spent well over $800.00 getting what I sent to your
office printed and delivered by UPS yet I don’t even rate a formal response that the material
has been received or what action will be taken regarding the corruption in the First Circuit and
USDC. I know for a fact that my box of papers was received and opened by Bret Saxe. Mr. Saxe
does not answer his phone and my messages for a return call are ignored.
Magistrate Leo T. Sorokin denied me my constitutional rights, blocked me from a US District
Judge and usurped judicial authority beyond any allowed legislative authority, ignored attorney
misconduct and ignored multiple Title 18 federal crimes by the attorneys, Defendants and the
staff at the USDC. The First Circuit court staff have continued with the crimes and now my
appeal has been dismissed with fraudulent court records and no part of my record has EVER
passed before the eyes of a Senate appointed judge. The USCA1 staff have stolen my filing fee
twice and all this is happening to protect a corrupt Magistrate, corrupt court staff and corrupt
attorneys; it appears at this point that the protection of corrupt taxed paid public servants will
continue and that my petition and evidence that backs every word (771 pages x 7 copies) will
be ignored by your office and the corruption cover-up will take priority over the rights of this
Disabled American.
Rule 22(e) Action on Receipt of Petition for Review. The Administrative Office must
acknowledge receipt of a petition for review submitted under this Rule, notify the chair of the
Judicial Conference Committee on Judicial Conduct and Disability, and distribute the petition to
the members of the Committee for their deliberation. Why is my requesting that AO discharge
its legal duty to provide an acknowledgment of receipt of a petition for review concerning a
judicial misconduct complaint not happening and all my phone calls requesting the same being
ignored? This failure to provide such acknowledgment flies in the face of the fundamental basis
set forth in the Judicial Conduct and Disability Act, 28 U.S.C. §351(a). All responsibility for the
Administrative Office of the U.S. Courts is vested in the Director. JUDGE THOMAS F. HOGAN is
the chief administrative officer for the federal courts; most peculiarly Judge Hogan’s office tells
me he has nothing to do with this process as the Director and can be of no assistance to me.
The Breyer Committee Report further emphasized that "[p]osting such orders on the judicial
branch's public website would not only benefit judges directly, it would also encourage
scholarly commentary and analysis of the orders." Breyer Committee Report, 239 F.R.D. at 216.
The aforementioned means nothing if the orders are fraudulent with false statements and
misrepresentation of the actual record! Surely when corruption in the circuit executive office
prevents any legitimate review by the Chief Judge or an assigned panel the following applies.
ARTICLE I. GENERAL PROVISIONS
2. Effect and Construction
(a) Generally. These Rules are mandatory; they supersede any conflicting judicial
council rules. Judicial councils may promulgate additional rules to implement the
Act as long as those rules do not conflict with these Rules.
(b) Exception. A Rule will not apply if, when performing duties authorized by the Act,
a chief judge, a special committee, a judicial council, the Judicial Conference
Committee on Judicial Conduct and Disability, or the Judicial Conference of the
United States expressly finds that exceptional circumstances render application of
that Rule in a particular proceeding manifestly unjust or contrary to the purposes
of the Act or these Rules.
If your office disagrees with my allegation that no legitimate review of a judicial misconduct
complaint occurred then I suggest you deliver the material I sent your office to the House
Judiciary Committee and add the names of Judge Howard, Judge Lipez, Judge Boudin, Judge
Saris, Judge LaPlante, and Judge Woodcock to my request for investigation and impeachment
proceedings if warranted as combined with the supposed valid court documents from the first
circuit regarding my—Extraordinary Writ, Appeal, Misconduct order---all of these judges appear
to freely misrepresent the law, facts, evidence, rules, and established court process as well as
freely violate the constitutional right of a Disabled American to due process in prosecuting a
grievance before a court while ignoring well documented fraud upon the court by corrupt
attorneys including a false appearance, strong circumstantial evidence of paying off a federal
agency, submitting false records to a federal agency during an investigation and engaging court
staff to switch files in the federal court’s electronic filing system not to mention all their
frivolous filings because they have no defense for their clients where adverse authority was
presented to support their position in a foot note with the party name misspelled and Lexis
number changed a small part of all their other fraudulent maneuvers including engaging more
than willing court staff.
Reduction of the size of the federal workforce by 10% through attrition – Legislation has been
introduced by Senator Ron Johnson (R-WI) and Representative Mick Mulvancy (R-SC) to reduce
the federal workforce by 10 percent through 2015. The legislation is called “Reducing the Size
of the Federal Government Through Attrition Act,” S.1611, H.R. 3029. Other congressmen have
made similar suggestions to the super committee, including Representative Issa. I believe all
Americans would be elated if our government would just STOP paying the corrupt with their
tax dollars.
I am being kept in a state of constant stress by a corrupt government which keeps me
constantly sick. I am angry. I will be posting this letter to you and the one I sent our
President yesterday regarding this matter and Tweeting the language in these letters to my
fellow Americans along with the two attachments I have included with this email during the
State of the Union. WE THE PEOPLE ARE NOT INTERESTED IN SUPPORTING THE CORRUPT
WITH THE TAX POOL MONIES!!!!
Respectfully,
Laura McGarry
1717 Sheridan Road Apt. A- 50 Bremerton, WA 98310 413-214-1750 [email protected]
The misconduct is already public because the corruption involved forced me to go public therefore I
have no problem emailing. My material to you is on a PDF—I need to get the printer to redact the
medical record and then I will be posting the entire content and Tweeting this horrendous wrong to
America. Nothing I have stated is not supported by the case record itself and I have been in a FAKE
very stressful litigation since August 2, 2010.
cc:
[email protected]; [email protected];
[email protected]; [email protected];
Clearly WE the PEOPLE of these UNITED STATES need to
take action that will halt federal funding of the corrupt
Federal Judiciary including the Administrative Office of
the United States. There are too many crooks and liars
working for the 3rd branch of our government who take
the stance that they are exempt from federal law.
Docketing Statement showing criminal contempt, violation of rights and false appearance by
Jackson Lewis Attorneys ignored by 1st Circuit http://scr.bi/vfeL7b
Corrupt Attorneys respond to docketing statement http://scr.bi/rCrgzT
My response to the filing by defense council where they asked the court to ignore its own
rule, not correct my docket, and ignore the fact that my Extraordinary Writ never saw a
judge as they deny the documented record including their own documentation
http://scr.bi/tqB4lJ
The best courts money can buy!! Corrupt Jackson Lewis Attorneys Respond to Appellant’s
Request That Court Provide a Mandate Regarding Judgments and Engage the Advisory
Committee Regarding Intrinsic Corruption
http://scr.bi/zC29QR
Put these corrupt public servants in front of a grand jury now http://scr.bi/wOP9nv
Petition Follows
Petition for review requested under 28 U.S.C. §357of Judicial Panel order
regarding Judicial Misconduct complaints 01-11-90007 and 01-11-90008
against Magistrate Judge Leo T. Sorokin and US District Judge George A.
O’Toole, Jr. where the language of the order is a purposeful blatant
misrepresentation of the actual case record and a purposeful plain
misinterpretation of established court rules, multiple authorities and
statutorily delegated power [United States v. Holtzman, 762 F.2d 720,724 (9th
Cir. 1985) (a plain misinterpretation of statutorily delegated power is "blatant
usurpation ")] This Petitioner is the victim of a planned conspiracy and fraud
that has subjected this Disabled American to Pretense Litigation in order to
ensure a continued cover up of ongoing public corruption which has deprived
this in forma pauperis pro se Disabled American of her Constitutional Right
to bring a grievance before a court. This Petition is lengthy related to the
particularity required in describing fraud. [Magistrate Judge Sorokin instead of
correction joined the conspiracy which is unquestionable conduct prejudicial to the effective and
expeditious administration of the business of the courts see exhibit section four #15 which is a
letter written January 21, 2011in which I attempted to resolve the situation nearly a year ago (exhibit paragraph 11 lines 11 & 12 dates should be 1/19/2011 & 1/20/2011) and this Petitioner is still, now nearly a
year later, being denied access to the courts].
Dear Committee Members,
In accordance with 28 U.S.C. § 357 and the Rules for Judicial-Conduct and Judicial-Disability
Proceedings and in the best interest of justice I, Laura J. McGarry, am requesting a review of the
October 19, 2011 Judicial Panel order regarding Judicial Misconduct Complaints 01-11-90007
and 01-11-90008 (please see the attached extensive exhibit list sections one – five and all
exhibits provided with this petition exhibit #1 in section one is the October 19, 2011 Judicial
Panel order). This petition to the standing committee clearly demonstrates that there is no
justifiable basis to the Judicial Panel “Ruling” that affirmed Chief Judge Lynch’s dismissal of the
judicial misconduct complaint—the judicial misconduct memorandum in both orders states a
plain misinterpretation of the Magistrate Judge’s statutorily delegated power as per 28 U.S.C.
Sec. 636; the Magistrate Judge had no authority to deny my contempt motion and then deny de
novo review by the US District Judge. The actual case record and docket support my position
that the language of both orders is patently false and contrary to the record. Case No. 10 CA
11343 GAO in the US District Court of Massachusetts was clearly under usurpation and my
complaint of Judicial Misconduct has also fallen to unquestionable usurpation. There has been no
legitimate review of my Judicial Misconduct Complaint. (May 18th
order section one exhibit #7)
Without question Magistrate Judge Leo T. Sorokin has engaged in conduct prejudicial to the
effective and expeditious administration of the business of the courts. Bad faith decision-making
is where a judge knowingly and deliberately disregards the facts and law of a case; any court
orders undersigned by the Honorable Judge George A. O’Toole, Jr. were either drafted by the
pro se staff attorney or Magistrate Leo T. Sorokin’s clerk or judicial assistant and all orders in
Case No. 10 CA 11343 GAO have been dispensed, without question, with a knowing and
deliberate disregard of the facts and law of the case with no Article III Judicial oversight in
violation of well-established legislative authority; should the US District Court maintain that
Article III Judicial oversight occurred, the Honorable Judge George A. O’Toole, Jr. should,
without question, undergo a disciplinary review. This is properly the subject of disciplinary
review irrespective of whether it is correctable on appeal and established case law of the First
Circuit Appeals Court clearly states the court of appeals has no jurisdiction over matters that
have had no de nova review by the US District Judge. The egregious error constitutes
misconduct since its nature and magnitude without question presupposes that the Magistrate
Judge acted willfully; the egregious error of Dkt. #53 is without a doubt an antagonistic ruling as
are all rulings that come from this court after this Petitioner exposed corruption in filings at Dkt.
#51 and #52 (section one exhibits 24 & 25). The aforementioned is compounded by the fact that
all Magistrate Judge Sorokin’s actions were carried without jurisdiction as he willfully joined a
conspiracy to obstruct justice and violate this Petitioner’s Constitutional Right to bring a
grievance before a court; Magistrate Judge Sorokin willfully and deliberately deprived me of any
due process. Magistrate Judge Sorokin has favored corrupt defense attorneys who have
committed criminal contempt with their goal to achieve complaint dismissal absent actual
adjudication of the case merits; the plan clearly involved these attorneys colluding with Barbara
Morse, Pro Se Staff Attorney, and Judge O’Toole’s clerks who are also corrupt. The Defendants’
ultimate goal of complaint dismissal with prejudice absent Article III Judicial oversight was
achieved. To make matters worse the Circuit Executive Office of the First Circuit willingly and
deliberately misrepresented the material facts on which this disabled in forma pauperis pro se
Plaintiff’s complaint of judicial misconduct pivots; no legitimate review of judicial misconduct
has taken place.
Unfortunately the case is now in the US Court of Appeals for the First Circuit where that court
has absolutely zero jurisdiction over any matter related to the US District Court action with the
exception of the Extraordinary Writ filed on June 10, 2011 because no final order in the case has
come from the US District Judge; the staff of USCA1 have ignored all filings by this
Petitioner/Appellant and all filings with the court of appeals have also fallen to usurpation
including the Extraordinary Writ filed in June. Motions based on the Crimes Victims Act and
request for Judicial Notice of the US District Court record have been ignored by USCA1;
allegations of multiple Title 18 violations that are well supported in the US District Court record
are the basis of the requested Judicial Notice.
I allege that Chief Judge Lynch and Judge O’Toole were never transmitted the initial complaint
of judicial misconduct submitted to the Circuit Executive Office of the First Circuit by this
Petitioner back in March 2011 (section one exhibits 12-15); I believe the facts ignored in the
judicial misconduct order of October 19, 2011 are purposefully distorted at presentation to the
judges on the panel by the staff of the Circuit Executive office; I believe the law, rules and
authorities that have been distorted in the order itself is language by the ACE and not the judges
of the panel. I believe that the staff of the Circuit Executive office of the First Circuit have
abandoned their fiduciary duty to the tax payer and are, in fact, corrupt.
There has been nothing expeditious in the processing of this judicial misconduct complaint that
should have been resolved back in March 2011; after the first bogus order regarding judicial
misconduct issued on May 18, 2011, I was forced to file an Extraordinary Writ with USCA1 and
subsequently due to continued corrupt activity forced to file an appeal. Misrepresentation with
purposeful delay at the hand of corrupt public servants describes the course of the action in the
US District Court and the process of the judicial misconduct investigation. The facts stated in
the judicial misconduct complaint are plainly true and the evidence is the docket and case record
itself where the Magistrate Judge has clearly, knowingly, and purposefully usurped the action in
the US District Court by taking control beyond what is dictated in the legislative authority of 28
U.S.C. Sec. 636. At the initiation of the misconduct complaint a complicated investigation was
not even required; continued corruption and attempts at cover-up have complicated the issue and
I am quite sure the mind set of those willfully violating my rights and obstructing justice is that
the longer and more complicated their ruse the chance of my following up dwindles; they are
wrong as I believe what we create is what we leave our children and I will not leave my children
what these alleged criminals have created. Our country in order to stand strong must have a
respected justice system that stands with unquestionable integrity; the players in this game have
made a mockery of the federal court system. The bizarre rulings coming forth regarding the US
District Court action when actually read with the filings made by this Petitioner clearly show
abuse of a disabled litigant and are an insult to the Honorable US District Judges who sit for the
US District Court of Massachusetts; the circuit executive office staff in their sabotage of this
misconduct complaint have only self-interest and are benefitting in a manner yet to be
determined. Unfortunately, the extent of the corruption in this federal court system cannot
exclude the possibility that the US District Judges are involved.
The defense attorneys purposely never filed a notice of appearance in the US District Court case
that involves a corporation and there is no consent to the jurisdiction of the Magistrate; the case
in whole is pretense litigation that would not be possible without collusion between corrupt
attorneys and corrupt court staff which is evident in the case record. Docket manipulation,
apparent ghost writing by the defense attorneys, bizarre transparently void orders that violate
first amendment rights and due process and deliberate lingering of motions are FACTS that only
begin to define the obstruction of justice that has occurred. The Magistrate became involved
after the ruse to effectuate a pretense litigation was exposed by this Petitioner in a filing that
requested the pro se staff attorney be enjoined from participation in the case and a third motion
to disqualify the defense attorneys because of more than obvious collusion; a storm of usurpation
promptly followed where the pro se staff attorney sabotaged my case with “Rulings” void of
rule, fact and law without US District Judge oversight yet signed the orders with Judge
O’Toole’s name. The pro se staff attorney then “Ruled” on the injunctive relief motion of which
she was subject and signed off with Judge O’Toole’s name and when that maneuver was
followed up by my filing contempt against her and defense counsel she “Ruled” on the contempt
motion with “ORDERS” and signed Magistrate Judge Leo T. Sorokin’s name. The pro se staff
attorney then engaged Magistrate Judge Sorokin and instead of corrective measures Magistrate
Judge Leo T. Sorokin joined the conspiracy to violate my Constitutional Rights and block me
from a US District Judge so that I could not expose the corruption; the staff of the circuit
executive office, also, are willfully complicit in the corruption over corrective measures.
The case in the US District Court is under unquestionable usurpation. Knowing that the law and
evidence left them with no affirmative defense to the allegations they are up against and that my
court filings exposed Title 18 criminal law violations during the EEOC investigation, the
Defendants (which includes a Defendant Corporation) have corrupt attorneys falsely appearing
in the case to promote a pretense litigation. The term “shall” [US District Court of
Massachusetts Local Rule 83.5.2 APPEARANCES-- (a)...appearances in a case shall be made by
filing a notice of appearance (d)The court will not recognize the appearance of a firm or
professional corporation unless it is accompanied by the appearance of at least one (1) attorney.]
applies. As we have previously recognized, “ ‘[s]hall’ is a term of legal significance, in that it
is mandatory or imperative, not merely precatory.” Exportal Ltda. v. United States, 902 F.2d
45, 50 (D.C.Cir.1990) (internal quotation marks omitted).'Shall' is a term of legal significance, in
that it is mandatory or imperative, not merely precatory." Conoco, Inc. v. Norwest Bank Mason
City, 767 F.2d 470, 471 (8th Cir.1985); see, e.g., Continental Airlines, Inc. v. Department of
Transp., 856 F.2d 209, 216 (D.C.Cir.1988) (mandatory time limits for agency action); Weil v.
Markowitz, 829 F.2d 166, 171 (D.C.Cir.1987) (mandatory sanctions for attorney misconduct);
Association of American R.R. v. Costle, 562 F.2d 1310, 1312 (D.C.Cir.1977) (mandatory
rulemaking directive). (section four exhibit #41 affidavit).
Case 1:11-cv-10807-RGS 10/07 2011 Judge Richard G. Stearns: Electronic Order
The law in Massachusetts is clear. Corporations must appear and be represented in court, if at all,
by attorneys. Driscoll v. T.R. White Co., Inc., 441 Mass. 1009, 1010 (2004), quoting Varney
Enters, Inc. v. WMF, Inc., 402 Mass. 79, 82 (1998).
With Judicial Cognizance, the judge is BOUND to act See Black's Law, 6th Ed, pg. 847. In
protection of alleged corrupt court staff and alleged corrupt attorneys Magistrate Judge Leo T.
Sorokin willfully continued pretense litigation; whether covert or overt corrupt activity by the
US District Judge also exists is the only aspect of this egregious activity that required and still
requires investigation. Based on no response by the US District Judge to an electronically filed
and hand served notice of intent to file Mandamus (Language of that Mandamus filed February
7, 2011 and served February 9, 2011 (section one exhibit #23), I have maintained the mindset
that Judge O’Toole is unaware of the case and that my action in the district court has been
purposefully blocked from any Article III oversight. My thought process regarding Judge
O’Toole’s involvement waivered after the opinion (exhibit section five) discussed in the affidavit
of Dkt. # 100 (exhibit section four #44) appeared on the court’s “All Recent Opinions” web page
on September 5, 2011 when I was quite sure Judge O’Toole, who by all indicators had been
absent from the court the previous week, was present in court on September 5th
when the opinion
was posted.
I have since pondered who had the idea to set the aforementioned opinion with publishing
information; most peculiarly the opinion is a scanned document where the last page of the
opinion is 33 which then jumps to page 41 with publisher information indicating that posting of
the opinion with publisher information was an afterthought with the word processed file already
deleted; who expressed and carried the afterthought?? Further discussion of the aforementioned
and the relation to the instant matter is addressed later in this Petition.
I also, quite foolishly, believed that Judge O’Toole would rescue me as soon as he read the
judicial misconduct complaint that the Circuit Executive Office was supposed to provide him;
did he actually receive a copy of the complaint?? Instead of being rescued and protected from
these alleged criminals I have been continually subjected to the violation of my constitutional
rights, forced to forgo groceries and spend money I do not have in my pursuit to attain justice
and forced, as a victim, to have continual dealings with these alleged criminals who have devised
a conspiracy to violate my rights as they continue to take every step they can think of that will
obstruct justice in favor of their own self-preservation with absolutely no concern of what their
actions have done to my health or my family; the amount of work I have had to do to stay on top
of these alleged criminals and preserve any chance of justice is insurmountable and very difficult
and time consuming because of my disabilities.
Magistrate Judge Leo T. Sorokin, not only acted corruptly, he has taken measures to cover up his
corrupt actions. The material evidence supports my allegations. The question that needs to be
asked is are the public servants including Magistrate Judge Sorokin discussed in this petition the
extent of the corruption in the Massachusetts federal court system or are these public servants
simply doing the dirty work for the US District and Circuit Judges. Florence Pagano ACE/Legal
Affairs of the Circuit Executive Office was sent multiple emails during the initial investigation
and subsequent emails post the bogus first misconduct order with a request that the information
in the emails and email attachments be included with any material that went before the judicial
panel (the exhibits in section two are all the emails which, also, show all the attachments Pagano
was provided). It is without a doubt that subsequent evidence that I provided to the Circuit
Executive Office was not provided to the judicial panel which included evidence showing
Magistrate Judge Sorokin’s direct involvement in a cover-up of the illegal dismissal of my action
where scanned PDF files created on Judge Sorokin’s Judicial Assistant’s computer were making
an unusual frequent appearance on the all recent orders docket. I directly asked Pagano to be
sure that my affidavits filed with motions at Dkt. #97 and #100 went before the judicial panel.
This Petitioner noted the October 19, 2011 order by the judicial panel only because she went to
the USCA1 web site where the misconduct orders are posted on that very date. The Circuit
Executive office in violation of § 354 (B)(4) never mailed the order to my home address nor did
they email me the order knowing I was still in Massachusetts; no notice on the policy of review
after the October 19, 2011 decision has been provided. Florence Pagano did email me the May
18, 2011 first bogus order and my right to petition after I informed her that I was in
Massachusetts; she was more than aware that I was still in Massachusetts on October 19, 2011.
She also thru the US Mail sent the first bogus misconduct order to my home in Washington
State. My petition to the Circuit Executive Office June 21, 2011 specifically requested email
communication (section one exhibit #6). I also received an email from Pagano on July 6, 2011
approving my petition for review (section one exhibit #5). Interestingly Pagano emailed me the
notice of petition approval after I emailed her a press release by human rights activist Dr. Joseph
Zernik regarding my case in the US District Court (section two July 1, 2011 email). Ms. Pagano
is rarely in the office on Fridays (July 1 was a Friday which was followed by the holiday
weekend). The subject stated in the email I sent Pagano stated;
“Please give the Honorable Judges of the First Circuit a heads up on this press release. The
press release went to a very large distribution worldwide, including law professors in top
law schools worldwide, US court judges and staff, attorneys, US congress, US DOJ, etc.”
My petition specifically noted:
[“I will let the court know if I have any plan to return to Washington—at the moment I do not
plan to leave until I have attained justice.
Please scan and email any communications you have for me while I am in the State of
Massachusetts.”]
[“The total text of the Extraordinary Writ contains a consolidated view of all the evidence and
law that was presented to Florence Pagano during the processing of this misconduct complaint
including the context of the initial complaint and the context of multiple subsequent emails in
which the filings on record of the “RULINGS”, submissions by the Plaintiff and by the defense
were directly provided as well as multiple exhibits (the index provided in the Writ will be helpful
to you over going through the multiple emails I sent to Ms. Pagano but I will provide you copies
of any and emails upon request).”]
The October 19, 2011 order, by the judicial panel per the circuit executive office, cites Advisory
Opinion No. 66 which is totally irrelevant (section one exhibit #2). There was no judicial
misconduct complaint against Chief Judge Lynch and had she actually participated in the first
order of judicial misconduct she would have recused herself from assignment on a panel
assigned to the Extraordinary Writ per CANON 3C (1) & (3); Advisory Opinion No. 66 does
not in any way apply. The panel assigned to review the first order of judicial misconduct
included Judge Howard who was also named as a judge on the panel that supposedly decided the
Extraordinary Writ filed June 10, 2011 with USCA1; he, too, would have recused himself from
the panel that reviewed the first order of misconduct per CANON 3C (1) & (3).
I allege that my Extraordinary Writ (section one exhibit #17) was blocked from the panel
reviewing the first bogus order regarding judicial misconduct; access to the Writ was changed in
PACER at the time Florence Pagano claimed she was working on getting a panel together. The
Writ could not be accessed unless the case number was known because party search was altered
where placing [last name, first name] in the party box no longer accessed case no.11-1668. See
the emails from PACER dated September 28 & 29. I contacted PACER because all of a sudden
when doing an all courts party search case no. 11-1668 that had appeared in the search ever since
the Writ was filed on June 10th
no longer came up and access was a challenge. [correction on
email to PACER—a June 22 date was inadvertently typed in these emails to PACER regarding
my problem in accessing the case which should have stated on or about September 21-22] I
allege that the panel never received the language of my petition to the First Circuit Executive
Office and therefore did not know the case no. of the Writ (section one exhibit #6). The language
of the panel order is essentially the same as the first order (section one exhibit #7). Further, I
believe Florence Pagano of the Circuit Executive office is drafting judicial decisions with an
inactive law license; see the BBO notice from their web (section one exhibit #2). I also believe
Pagano is forging the Chief Judge’s signature; there are multiple signatures by the Chief Judge I
believe to be legitimate that have a significant slant to the right and the signature on the first
order of judicial misconduct dated May 18, 2011 just does not have the obvious slant (section
one exhibit #8). You can review multiple signatures of Chief Judge Lynch on the USCA1 web
site’s misconduct page where the signatures of recently posted first orders appear to be forgeries
with an even more aberrant style from the Chief’s usual signature than on the order I received.
Chief Judge Lynch is known to be a stickler in following law even when the outcome may be
disfavored by the public; it is highly unlikely that she signed the bogus May 18th
order that not
only contains false statements regarding the context of my misconduct complaint and what
actually appears in the record and on the docket but the order is a plain misinterpretation of
legislative authority. U.S. Magistrate Rules for The District of Massachusetts and 28 U.S.C. Sec.
636 (e) Contempt Authority would not have been ignored and distorted by Chief Judge Lynch
who would have been more than aware that the Magistrate had no authority beyond a report and
recommendation to the US District Judge. Chief Judge Lynch would have noted the improper
reference of my Contempt Motion and she would have noted there was no reference to the
Magistrate regarding Defendants Contempt Motion by their unauthorized attorneys (section one
exhibit #4). I believe she may have even picked up on the FACT that these fool attorneys with
their bizarre filings to the court had not even made an appearance in the case. Which brings
discussion of the Extraordinary Writ which I asked be presented to the Judicial Panel.
The “Judgment” on the Extraordinary Writ also disregarded the facts and law including
authority established in USCA1. The Judgment does not even state that the Writ was read it
simply states “Denied” without an opinion in spite of authority supported well documented
unquestionable usurpation. If the misconduct complaint was honestly processed I would not
have had to file the Writ; if the Writ was not, also, under usurpation I would not have had to file
an appeal. Please restore my Constitutional Rights!!
United States Court of Appeals, First Circuit. - 923 F.2d 7 Decided Jan. 14, 1991
28 U.S.C. Sec. 1291 gives the courts of appeals jurisdiction over appeals "from all final
decisions of the district courts of the United States." As the Third Circuit has said: "To be a
'final' order of the district court within the meaning of section 1291, the magistrate's decision
must have been reviewed by the district court, which retains ultimate decision-making power."
Siers v. Morrash, 700 F.2d 113, 115 (3d Cir.1983), and cases cited therein. See also Horton v.
State Street Bank & Trust Company, 590 F.2d 403, 404 (1st Cir.1979).
I allege that the Extraordinary Writ case no 11-1668 filed with the US Court of Appeals of the
First Circuit on June 10, 2010 never went before the panel named on the June 20, 2011
Judgment; the Writ also fell to usurpation by court staff. The June 13th
docket text was not
present on June 20, 2011when the judgment was filed; there is no notation on the docket
indicating an entry into the docket to effectuate an edit and this Petitioner received no notice of
docket activity from the court of appeals at any time past the June 20th
“Judgment” (section one
exhibits 18-22). The attorney appearance on June 28, 2011 was eight days after the judgment; no
notice of this attorney’s appearance was served to this Petitioner. There was no valid reason for
the defense attorney’s appearance on June 28th
and the said appearance would have been an
unjustified cost to the defendants; the appearance simply allowed for docket entry and
manipulation. (SBT) has more than apparently illegally entered June 13th
docket text to
effectuate an appearance that there was a panel assignment; I had posted the Judgment/Writ and
all the authority the decision ignored on my Scribd site and publically stated that I was more than
aware that the Writ never saw a judge even before I discovered the June 13th
docket text.
Susannah Barton Tobin is credited for her proof reading of a publication by retired Judge
Campbell in May 2011; Tobin used to clerk for Judge Campbell and (SBT) are the initials
frequently posted next to ERRATA on dockets of the USCA1. Ms. Tobin currently teaches at
Harvard. The staff of USCA1 refuse to connect me to the clerk of the court; the clerk I spoke
with denied knowledge as to who the person is with the initials (SBT) and claimed he did not
know of a Susannah Barton Tobin.
Florence Pagano and Leslee Nelson of the Circuit Executive office, both, ignored my concern
regarding the Writ never receiving a legitimate judgment and the altered dockets and eight day
post judgment attorney appearance were provided to both these public servants (see emails). My
call to Mr. Wente regarding the processing of the misconduct complaint was cut short by him
when I told him I had concerns and needed to speak with someone above Pagano; he stated,
“Then I am going to end this conversation, have a good afternoon” and hung up. Susan
Goldberg is unresponsive as well. Contacting and being put through to an honest authority in the
federal court system of Massachusetts is impossible; verification that an honest authority actually
exists has not yet been established.
The defense attorneys had sufficient reason to believe that I was still in Massachusetts on June
28th
when the eight day post judgment notice of appearance was filed. The notice of appearance
on June 15th
not only certifies service to my home in Washington but the attorney emailed me his
notice of appearance. I find it interesting that the first defense attorney to make a notice of
appearance did so on the fifth day after the Writ was filed; showing unquestionable usurpation
and filed as emergent the Writ should have been decided in 72 hours with a stay of at most five
days. The “Judgment” was not in accord with legislative authority and came on the tenth day
post filing; after I looked at the docket on the morning of the June 20th
, I called the case manager
because there had still been no movement on the Writ and I wanted the decision expedited. The
June 13 Docket text was not there in the morning or when the Judgment came forth a few hours
after my call. The circumstances stated in the writ determine the “Denied” with no opinion to be
abusive beyond abuse of discretion and a flat out denial of my right to bring a grievance before
an Article III judge and due process. Please read the Extraordinary Writ that I am quite sure the
judicial panel never read in spite of my direct request that the Writ go before the judicial panel in
my petition to the Circuit Executive; I also made multiple subsequent request that my Writ go
before the panel of judges to Pagano during phone conversations and in emails to her and Leslee
Nelson.
These alleged corrupt public servants including the Magistrate have taken every step possible to
ensure that no part of this case passes before the eyes of a District or Circuit Judge because of
their own criminal activity. This is without question a violation of Title18 § 241 Conspiracy
against rights and multiple other Title 18 violations that involve obstruction of justice; as
previously stated, further investigation would be required to determine the extent, if any, by the
US District Judge. This petition cannot leave absent the other staff involved because without
question there is a conspiracy at the root of this judicial misconduct complaint and the purpose
has evolved from Defendants getting the case dismissed with no actual adjudication on the merits
to ensuring this Petitioner has no opportunity to expose more than obvious public corruption; any
judge actively involved in this conspiracy by either overt or covert means is corrupt.
I have searched multiple other US District Court sites and have yet to find general court orders
where the signing off of a general court order is simply a typed signature of all the judges sitting
for the court. Most general court orders of other US courts have the hand signature of the Chief
Judge. A few courts use /s/ Judge Name which is meaningless but the US District Court of
Massachusetts has general court orders noted by simply typing the names of the sitting judges at
the bottom of the orders and this, once again, begs the question - Are the lower court staff simply
doing the dirty work so no signature by any US District or Circuit Judge can be traced to bizarre
orders that would constitute misconduct? Pagano forging the Chief Judge’s signature on bogus
misconduct orders, the bizarre rulings of the pro se staff attorney, the Magistrate Judge (former
clerk) involvement only after the pro se staff attorney is exposed and the incredible effort they
have taken to keep my case record from the view of a District or Circuit Judge has the
appearance that they are running a racketeering enterprise with these corrupt employment
attorneys. There was misconduct during the EEOC investigation as well as a huge money
transaction by one of the Defendants six days before their attorney hand delivered a fraudulent
position statement to the EEOC. The general court order where the pro bono program excludes
indigent plaintiff’s in actions against current or former employers which is in violation of Title
28 section 1915 (e) and singles out a complete class of litigants appears to be crux of the corrupt
activity described in this complaint (section one exhibit 29).
This Plaintiff alleges that the US District Court’s general court order 09-4 May 1, 2009 [{In
order to facilitate the appointment of pro bono counsel for indigent pro se parties in civil cases
when such appointment has been authorized by a judicial officer, the Judges of the United States
District Court for the District of Massachusetts have approved the Plan for the Appointment of
Counsel for Indigent Parties in Certain Civil Cases in the form attached hereto.} {The objective
of this Plan for the Appointment of Counsel for Indigent Parties in Certain Civil Cases (Plan) is
to facilitate the appointment of pro bono counsel for indigent pro se parties in civil cases when
such appointment has been authorized by a judicial officer. This Plan does not apply to the
appointment of counsel for pro se plaintiffs who assert employment-related claims against
current or former employers…}] is in violation of legislative authority and promotes, as alleged
in the instant case, retaliation as a defensive tactic which promoted this Plaintiff’s indigent status.
Highly unethical high priced civil defense attorneys in collusion with court staff have been
running planned pretense litigation where this unrepresented disabled Pro Se Plaintiff has been
forced to do an insurmountable amount of legal work in an action she was set up to loose from
the start. The docket, now with 103 entries, would not have required even one filing by this
Plaintiff past the initial complaint where the bogus ANSWER submitted by unauthorized
Defense Attorneys who intentionally did not file a Notice of Appearance would have raised the
eyebrows of any honest judge.
Title 28 § 1915. Proceedings in forma pauperis (e)(1) The court may request an attorney to
represent any person unable to afford counsel.
Even Disability Law Center in Massachusetts stated they could not assist disabled litigants in
employment related litigation yet Disability Pro Bono entities in other states list available
assistance in employment discrimination matters on their web sites. This Petitioner has
researched multiple pro bono programs and sees, thus far, no other Pro Bono Program that
excludes Plaintiff’s in employment related litigation in other US District Courts. The US District
Court of Massachusetts’ Pro Bono Plan FAQs PDF added to a Pro Bono page on their web site
reads, “However, it is not rare for the Court to seek pro bono counsel for non-prisoner litigants
in a variety of cases, including housing and employment discrimination actions.” The FAQ PDF
was first created on 4/27/11 and modified on 5/5/2011; the aforementioned allegations were first
raised by this Petitioner in documentation to the District Court January 19, 2011[(Dkt. #51 and
#52)(section one exhibits 24 &25)] and at that time lingering motions where the word emergency
appeared on the docket no less than ten times turned to abusive court process with more than
obvious extra measures taken to ensure this Plaintiff remained blocked from a US District Judge
as purposeful violation of legislative authority and court established procedure occurred with
even more bogus documentation coming from, both, the court and the unauthorized defense
attorneys as these public servants put this disabled litigant through an unrelenting abusive
process that still continues. The only Pro Bono assistance approved by the court in employment
cases noted by this Petitioner has been short term for ADR only.
CORRECTION Dkt. #51 paragraph 2 at line 3 should read [believe that the decision was not that
of a U S District Judge.]
The aforementioned is an open avenue to corruption where unethical high priced civil defense
attorneys who handle employment cases for corporations, such as in the instant case involving
these Jackson Lewis Attorneys, are clearly handed a free reign by court staff. Violation of
multiple model rules of professional conduct while in more than obvious collusion with court
staff which is clearly demonstrated by the fact that they cover each other with bogus
documentation while ignoring fact, law, rule, constitutional rights and criminal federal law in a
process where there is no legitimate litigation. The unauthorized Defense Attorneys and staff
involved in this usurpation deny the aforementioned allegation through their bogus
documentation which they replay in subsequent filings with copy and paste; the actual court
record, material evidence and the law support this Petitioner’s allegations.
The US District Court has not transmitted the entire case record as required by USCA1 local rule
11.0 even after two requests over the phone by this Petitioner to do so; the USCA1 has ignored
my motion to order the District Court to transmit the entire case record and my motion to correct
the Docket to reflect the actual Judicial officer in the USCA1 cases has also been ignored.
USCA1 has also ignored my motion to provide me with a legitimate ruling on the Extraordinary
Writ based on FRCP 60 and under the provisions of the Crimes Victims Act. Motions were filed
November 8, 9, & 10 in both case no 11-1668 (Writ) and 11-2292 (Appeal) that were followed
by the Defense attorneys usual bogus response which is a clear indicator that the appeal case in
the USCA1 is also under usurpation; their pathetic response would not have been written if they
thought it was going to be read by a judge. Defense counsel are seeking denial of motions that
the docket be corrected to reflect the actual judicial officer in the case and that the entire case
record from the district court be transmitted as per USCA1 local rule 11.0 and Summary
Disposition. Most interestingly as soon as I filed the motion for Judicial Notice of the US
District case record alleging multiple Title 18 violations the defense attorneys, both, near
immediately re-filed their notices of appearance for case no. 11-2292 (the appeal) and included
the Defendants names on the notices which were absent on the first notices of appearance filed
(section one exhibits 32-35). Their legally deficient bizarre response to the motions came on
November 14th
. I was told by the case manager on the tenth, “I think they are going over yours
right now.” I then filed my motion for judicial notice and no orders from the court have yet
come forth; this would make the USCA1 over five weeks delinquent in responding under the
provisions of 18 U.S.C. § 3771.
This action in the US District Court of Massachusetts is not under the provisions of 28 U. S. C.
636 (c). Magistrate Judge Sorokin is not the trial judge as noted on the appeal docket and
Magistrate Judge Sorokin was not the ordering judge as incorrectly noted on the docket for
Case No. 11-1668 In re: McGarry. The law is clear regarding consent to the Magistrate’s
jurisdiction. Without a signed consent to jurisdiction of the Magistrate Judge, the Magistrate
Judge has no authority to write orders regarding contempt under 636(e) and the Magistrate Judge
has no authority to write orders on referred matters under 636 (b). Dkt. #61 had “ORDERS”
undersigned by the Magistrate Judge that “DENIED” and also excused the Defendants from
responding to Plaintiff’s Contempt Motion (Dkt. #58). Plaintiff’s Motion for Contempt (Dkt.
#58) filed by this Plaintiff on January 30, 2011was written regarding contemptuous behavior by
the pro se staff attorney and defense counsel who were noted to be in more than obvious
collusion while the case was assigned to the US District Judge; the order of reference to the
Magistrate Judge was not entered on the Docket until January 31, 2011 and noted as filed
January 28th
with the contempt motion never before the US District Judge slid into this same
docket text order as also referenced to the Magistrate. Even if there had been a valid US District
Judge order referring the case to the Magistrate for pre-trial proceedings and a valid order from
the US District Judge referring the contempt motion (Dkt. #58) to the Magistrate in compliance
with Magistrate Rules for The District of Massachusetts Rule 8, the Magistrate Judge had no
authority beyond a report and recommendation to the US District Judge.
In making this determination, the Fifth Circuit observed, “[W]hen a district judge enters a
judgment, defects in the order of referral are procedural matters that can be waived if not
properly preserved” because “the duty assigned to a magistrate judge is ‘subject to
meaningful review’ by a district judge.” Id. However, “when a magistrate judge enters
judgment ․, the lack of a proper designation by the district judge renders the magistrate
judge without jurisdiction.” Id. at 257 n. 3.
“We need not decide whether there was a proper reference to the magistrate judge under §
636(b) and the District of Colorado local rules because even if there was, the magistrate
judge had no authority to enter a final order on the matter at issue here”. Jonathan Guy,
Et. Al. V. William T. Beierwaltes And Lynda L. Beierwaltes, United States Court Of
Appeals Tenth Circuit (2006).
A magistrate judge may exercise both civil and criminal contempt authority in certain
circumstances. See 28 U.S.C. § 636(e). These include summary criminal contempt authority
for “misbehavior in the magistrate judge’s presence so as to obstruct the administration of
justice,” and criminal and civil contempt authority in misdemeanor cases and civil consent
cases. See 28 U.S.C. § 636(e)(2), (3), (4). In other circumstances, the Federal Magistrate’s
Act provides for a procedure whereby the magistrate judge certifies facts pertaining to
contempt to a district judge. See 28 U.S.C. § 636(e)(6); see also Hunter TBA, Inc. v. Triple
V Sales, 250 F.R.D. 116, 117-18 (E.D.N.Y. 2008).
The Magistrate Judge denied this Plaintiff her right to bring her contempt motion and the void
orders of Dkt. #61 to the attention of a US District Judge; there was no final decision or orders
by the US District Judge regarding Plaintiff’s Contempt Motion (Dkt. #58) and the Magistrate
Judge denying this Plaintiff’s requested review of his orders in a case where he had no consent to
jurisdiction or valid order to act on any matter by a US District Judge is a clear and
unquestionable usurpation.
The orders of Dkt. #61 are transparently void; there is no legal order that restricted this Plaintiff
from filing with the US District Court. All subsequent orders to the aforementioned, more than
obvious, void order are also void. The Magistrate Judge by denying this Plaintiff’s motions and
refusing to recuse himself while actively blocking this Plaintiff from Article III oversight was
essentially holding this Plaintiff’s action hostage on his docket as fictitious memorandum that
without warrant continually intimidated and threatened this Plaintiff with sanctions and
complaint dismissal along with bizarre and unjust orders that denied any form of due process; the
aforementioned documents are the only part of the case record that has been transmitted to
USCA1 and the merits of the action have been ignored. This Petitioners name is trashed in
fraudulent court documents by unauthorized staff undersigned with, both, the US District Judge’s
name and the Magistrate Judge’s name that state I have been in contempt and uncivil in a federal
court while corrupt attorneys and court staff get away with what is defined by any honest
observer and the law as criminal contempt.
The Magistrate had no authority to write a Report and Recommendation (Dkt. #80) under the
provision of 28 U. S. C. 236 (e) because holding a case hostage while violating legislative
authority and constitutional rights when there was no legitimate reference of the case to the
Magistrate Judge from a US District Judge to begin with leaves him without jurisdiction over the
matter and this Plaintiff. The Magistrate Judge usurped this action from the time he was made
aware that Dkt. #61existed knowing full well he never approved of the filing as he sat on the
bench and made a blatant false statement by stating he did during a scheduling conference on
February 14, 2011 that he had no authority to convene. Let this Petitioner not leave absent the
fact that the unauthorized attorneys filing of the Contempt Motion (Dkt. #71) by local rule
regarding appearances and Massachusetts law cannot and should not be a filing recognized by
the court; so in actuality there was no motion that required a report and recommendation to the
US District Judge.
Further, there is no indicator that US District Judge had any idea the contempt motion (Dkt. #71)
existed which is demonstrated by the fact that nowhere on the docket was the Contempt Motion
(Dkt. #71) referenced to the Magistrate by order of the US District Judge as per Magistrate Rules
for The District of Massachusetts –[Rule 8 states that the manner of referral to the magistrate
judge of specific matters in a case shall be in accordance with the provisions of Rule 8(b); [8(b)
Manner of Referral(4) All other civil matters may be referred to the magistrate judges only by
order of a district judge. The order must specify the matters to be considered and the action to be
taken by the magistrate judge.]
This Plaintiff requested case management by an Article III Judge in Dkt. #48, # 51, #58, #64
attachment 1and Dkt. #78. In Plaintiff’s Motion [(Dkt. # 69) IMMEDIATE REASSIGNMENT
TO A DIFFERENT US District Judge and Magistrate Judge] this Plaintiff requested
reassignment to an Honorable Judge and protection from further conspiracy; Magistrate
Judge Sorokin denied the motion with docket text and terminated the motion from the
docket. There is no indication that the motion was ever seen by the US District Judge.
See the Docket Activity Report at Dates 3/2/2011 and 3/3/2011 where motions for judicial
reassignment and vacate void orders are denied by the Magistrate Judge with electronic orders
and then the motions immediately terminated from the docket (section one exhibits 10 & 11 &
section three Docket Activity Report for March 2nd
and 3rd
); the Magistrate, again, had no
authority beyond a report and recommendation to the US District Judge regarding the vacate
void orders motion and this, again, is unquestionable usurpation. Not only did the Magistrate
refuse to disqualify himself after clear and unarguable violation of this in forma pauperis
disabled Plaintiff’s constitutional rights to due process and Article III oversight he actively and
willfully blocked the filings from the US District Judge.
The bizarre orders of Dkt. #57 (section four exhibit 4) are also transparently void because no
honest US District Judge would prohibit a pro se Plaintiff from making reference to docketing
information which is a clear violation of the US Constitution’s First Amendment right; further,
no honest US District Judge would have the same person from whom a pro se Plaintiff was
seeking relief thru an injunctive motion draft the memorandum and orders to the said motion;
partiality in any decision would be without question. The fact that this Plaintiff requested a
hearing with a US District Judge in Dkt. #48 that was denied by the pro se staff attorney and that
this Plaintiff requested a hearing again in Dkt. #78, #81 and #88 in regards to the bogus contempt
the Defendants were unlawfully seeking where this Plaintiff’s hearing requests were never even
addressed in any document from the US District Court is without question a denial of due
process and clearly a denial of actual legitimate access to the court; more than apparent the
usurpers were blocking this Plaintiff from a hearing in front of a US District Judge knowing the
usurpation would be revealed among multiple other improprieties that had occurred throughout
the now16 months old case that has had zero legitimate court process.
The order for dismissal (Dkt. # 86) was a scanned document to mask the properties of the PDF
which if not masked would show the document’s origin was not from the computer of the
Honorable Judge O’Toole. (Dkt. # 86) was entered into the ECF System by Judge O’Toole’s
Docket clerk but it was scanned on the Computer used by Magistrates Judge Sorokin’s Judicial
Assistant. See affidavit (section four exhibit 44).
The document that dismissed the US District Court action with prejudice was not scanned on the
computer used by either Judge O’Toole’s Deputy or Docket Clerk. The document had no hand
signature. The dismissal was continued usurpation. This Plaintiff knows the PDF properties of
scanned PDFs created on Judge O’Toole’s and Magistrate Sorokin’s clerk staff’s computers;
11-cv-10563 entered 8/05/2011 by Judge O’Toole’s Docket Clerk and scanned on Judge O’Toole’s Docket Clerk’s
computer --signed by Judge O’Toole
10-cv-10443 entered by Judge O’Toole’s Deputy Clerk on 9/22/11 and scanned on Judge O’Toole’s Deputy Clerk‘s
computer signed by both the Deputy Clerk and Judge O'Toole
The only legitimate reason any scanned Document should be coming from the US District Court
of Massachusetts would be that the document has the hand signature of a Judge or Clerk.
01-cv-12257 order entered 9 19 2011 is an adopted R & R scanned but hand signed by Judge Young 09-cv-10237 order entered 1 05 2011 is an adopted R & R scanned but hand signed by Judge Tauro
10-cv-10699 order entered 9 28 2011 is an adopted R & R scanned but hand signed by Judge Tauro
10-cv-11009 order entered 9 28 2011 is an adopted R & R scanned but hand signed by Judge Gorton
11-cv-10092 order entered 9 20 2011 is an adopted R & R scanned but hand signed by Judge Gorton
10-cv-12143 order entered 9 27 2011 is an adopted R & R scanned but hand signed by Judge Gorton
08-cv-10051 order entered 9 27 2011 is an adopted R & R scanned but hand signed by Chief Judge Wolf
This case No. 10 CA 11343 GAO in the US District Court of Massachusetts is in whole pretense
litigation. This action was brought after receiving a “Notice to Suit Rights” from the EEOC
where a sham investigation also took place (section four exhibit 9) and the following supporting
exhibits are available in PACER.
Dkt. – Attachment No. 15-29 newly purchased home six days before position statement hand delivered to EEOC by attorney; the new home
remained vacant
15-30 actual residence
17- 1 actual residence with 12/09 mortgage taken
15-33 Document re: retaliation submitted to EEOC 7/20/2009 no response from EEOC for eight months
15-34 EEOC Charge amended 3/5/2010->retaliation -> no response from the Defendants/ charge not in FOIA file
15- 35 EEOC Bogus Determination Letter signed by investigator not the Director as per legislative authority
15-36 letter to NY requesting FOIA File by EEOC Director with EEOC charge number recorded incorrectly
15-38 letter requesting section 83 from EEOC ignored / frustrated into asking for the FOIA file
15-44 EEOC July news letter excerpts that describe legitimate processing of charges and section 83 process
50-2 EEOC Charge-the EEOC Completely ignored the hostility described in this charge
The entire case record is not being transmitted to USCA1 as per that court’s local rule because
these public servants are violating criminal law and the case record proves it!! Any and all
memorandum and orders past document 9 from the US District Court of Massachusetts are
bogus. This Petitioner was admonished in court documents because I requested a stay on
submitting my discovery request by a specific date ordered during an unauthorized bogus
scheduling conference; I notified Magistrate Judge Sorokin’s clerk through email and Skype that
I was thoroughly exhausted having had to deal with the fact that my son was acutely ill with an
undetermined cause and hospitalized which required my being in conference much of the recent
days and nights with medical professionals and also I also believed I had a right to stay discovery
pending a ruling by the US District Judge regarding motions #69 and #70 which still have never
passed before the eyes of a District Judge (section four exhibit 30). The stay was denied (section
four exhibit 25) and these unauthorized attorneys running pretense litigation Moved (section four
exhibit 24) for Contempt that the Magistrate Judge Sorokin recommended be allowed and he
dismissed the case by forging the US District Judge’s name on a scanned document.
“Plaintiff’s Case Should be Dismissed with Prejudice for her Repeated, Continuing, and Severe Violations of Multiple Orders of This Court.”
Bogus court documents were designed to reflect fictitious egregious conduct by this Petitioner
because in the face of transparently void orders that restricted my filing I had filed to assert my
constitutional rights; they were trying to beat this Petitioner down into a further state of
exhaustion and when the discovery request was filed by the then ordered date most all request
stated were stricken (section four exhibits 76 & 77). This Disabled American Petitioner has
diligently prosecuted her action over the obstacle of continuous fraud and a veil of substantial
abuse by corrupt attorneys and public servants that are being enabled by Magistrate Judge Leo T.
Sorokin.
Dkt. # 64 is a Notice of Intent to file Mandamus with exhibit 1 the language of a Mandamus. The
language of the Mandamus describes the method used to effectuate a pretense litigation which
included placing on the docket “Notice for Social Security and Immigration Cases” (this will
show on the docket activity report 8/10/2010 first entry) which by local rule are exempt from
scheduling conferences and accessing in PACER (however the case is assessable thru PACER);
the category sheet that this Plaintiff filed with her complaint was never entered on the docket.
The pro se staff attorney intentionally did not comply with the courts General Order (09-3)
authorizing the assignment of civil cases to the Magistrate Judges so that she could control the
case from the US District Judge's docket. PROCEDURES AND OTHER INFORMATION FOR
COMPLETING THE FORM FOR CONSENT OR REFUSAL OF MAGISTRATE JUDGE
JURISDICTION were never sent to this Plaintiff as per the court general order (section one
exhibit 3). Dkt. #64 and attachment 1 were served by a process server who was instructed to put
the documents in Judge O'Toole's hand back in February of 2011 but instead the documents were
accepted by Judge O'Toole's assistant on his behalf (section four exhibit 21); no response from
Judge O'Toole came forth and usurpation of this case continued.
In spite of this Plaintiff’s strong objection, the reference to the Magistrate was forced (see docket
text at #58) as well as this Plaintiff’s Request for Relief in Dkt. # 51 “(1) This entire action to
be put immediately before Judge O’Toole…” Dkt. #57 with the order referencing the case to
the Magistrate included the pro se staff attorney’s ruling on Dkt. #51. Both Dkt. # 51 & #52 were
captioned “REQUEST IMMEDIATE EMERGENCY RELIEF FROM JUDGE
O’TOOLE”.
This Petitioner submitted June 2010 hospital discharge papers (section one exhibit 30) that
clearly indicated deficits including ordered medication that would make self-representation a
significant challenge to the US District Court with the August 2, 2010 filing of the Complaint
and motion requesting an appointment of an attorney; there is no record of any sealed document
to the court of appeals from the US District Court and the hospital discharge paper is nowhere on
the US District Court’s docket. In spite of a well pled 41 page Complaint (see section one
exhibit 31 for a summary of the complaint submitted to the US District Court), supported by 47
exhibits that indicated clear and unquestionable violation of the ADA laws and a clear indigent
status related to the alleged retaliation that was compounded by relocation expenses where
relocation would not have occurred absent the allegations of the complaint, Pro Bono assistance
was DENIED (Dkt. #9). Clearly the order’s further qualifier “The Motion for Appointment of
Counsel is denied without prejudice to renewal after the defendants have replied to the
complaint” by the course of this action was just for show.
DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991). In order to qualify for appointment of
counsel, a party must be indigent and exceptional circumstances must exist such that denial
of counsel will result in fundamental unfairness impinging on the party's due process
rights. Id. The Court must examine the total situation, focusing on the merits of the case,
the complexity of the legal issues, and the litigant's ability to represent him or herself. Id. at
24.
The bizarre memorandum and order of Dkt. # 20 undersigned by the US District Judge stated
that this Petitioner had not shown that she was likely to prevail on the merits of the action in the
US District Court and denied injunctive relief. This Petitioner’s Complaint supported by existing
law was 41 pages with 47 exhibits in which the Defendants answered (Dkt. #21) with false
statements, denials and not enough information. Dkt. #20 initiated this Petitioners investigation
into the legitimacy of the litigation. Document #20 was created and entered on a Sunday and the
filing date was manipulated back to the following Friday. The properties of Dkt. #20 indicated
the Pro Se Staff attorney as the author of a memorandum and order regarding a motion for
injunctive relief with zero US District Judge oversight (section four exhibit 12).
Defendants submitted a false record to the EEOC in March of 2010 and falsely claimed a non-
practicing nurse who worked in their human resource department is whom they had hired into
the full time open position. The nurse who was actually hired to fill the position terminated with
the employer at the time the EEOC investigation became active in March of 2010. Dkt. #76
attachment 1 is a PDF that was posted on line by ELDER SERVICES OF CAPE COD AND
THE ISLANDS, INC. names Dawn Manning as the ADON and interim DON (information that
was provided to Elder Services by the Employer—Manning is listed twice in this document
because the Employer had not updated the organization at the time of publication) not Diana
Lawson as the record submitted to the EEOC by the Defendants falsely claimed.
Paragraph 187 of the Complaint (Dkt. #1) states, “Defendants submitted the employee record of
a non-practicing nurse that worked in their human resource office as the applicant they chose to
fill the Assistant Director position; Diana Lawson worked at Pleasant Bay in the office when
Plaintiff was employed there and relayed to Plaintiff that she had no desire to practice nursing.”
The Defendant’s Answer (Dkt. #21) to paragraph 187 states, “Admit that Defendant Pleasant
Bay submitted to the EEOC the employee record of the person they hired to fill the Assistant
Director of Nursing position, but deny knowledge or information sufficient to form a belief as to
the truth of the remaining allegations in paragraph 187.” [see Dkt. #15 attachments 39 & 40 in
PACER]
Paragraph 188 of the Complaint (Dkt. #1) states, “Plaintiff’s experience and qualifications were
not inferior to the experience and qualifications of the actual chosen applicant or Diana Lawson;
the actual ADON chosen was Dawn Manning and she terminated with Pleasant Bay when the
EEOC charge investigation became active in March 2010. Defendants specifically stated in their
position statement to the EEOC that they were not considering any of the Registered Nurses
working at their facility for the ADON position (page 4 lines 1-3). The Defendant’s Answer
(Dkt. #21) to paragraph 188 states, “Deny the allegations in paragraph 188.”
(page 4 lines 1-3) of the Defendant’s position statement to the EEOC---"Complainant was one of
about 40 nurses--15 to 20 of whom were registered nurses--and Webster and Mikita were not
considering any of them for the position either."
See Dkt. #15 attachments 45, 46, & 47 for the full text of the fraudulent position statement and
Dkt. #15 attachment 26 page 3 where Diana Lawson’s name is submitted as the hired candidate
in Defendant’s response to the EEOC’s request for information (RIF).
See Dkt. #15 attachment 3 Plaintiff’s references, attachment 6 cover letter/ resume, attachment
11 facility policy regarding job descriptions that the employer refused to provide (also
mandatory per 105CMR 150.002), attachment 13 off the clock work update & expressed interest
in position to Webster, Dkt. #50 attachment #2 for the official facility employment application
that was withheld when the position statement was submitted to the EEOC Dkt. #50 attachment 3
for Plaintiff’s generic employment application Defendants used as attachment 1 to their EEOC
position statement which offered zero support to their position where Defendants falsely claim
that this Plaintiff only wanted part time work and was not qualified for the position.
Paragraph 189 of the Complaint (Dkt. #1) states, “Dawn Manning as the Assistant Director of
Nursing [ADON] became the Acting Director of Nursing [DON] after Mikita terminated in
November of 2009. Her experience is described in a news article July 1, 2010.” [see Dkt. #15
attachments 41 & 43] The Defendant’s Answer (Dkt. #21) to paragraph 189 states, “Admit the
allegation that Dawn Manning became the acting Director of Nursing Services in November
2009, but deny knowledge or information sufficient to form a belief as to the truth of the
remaining allegations in paragraph 189.”
Dkt. #77 which strikes just about the entire discovery plan submitted by this Plaintiff is a clear
indicator that the players in this pretense litigation had no intent of allowing this Plaintiff her
right to due process and prosecution of the retaliation portion of her complaint (section four
exhibits 26 & 27). By Supreme Court law these defendants have no affirmative defense see
Ellerth, 118 S. Ct. at 2270 ("[n]o affirmative defense is available . . . when the supervisor's
harassment culminates in a tangible employment action . . ."); Faragher, 118 S. Ct. at 2293
(same) yet these Defendants, unauthorized attorneys, and rogue court staff have obstructed
justice and put this disabled litigant through, now,16 months of pretense litigation in violation of
multiple constitutional rights and criminal federal law. Magistrate Judge Sorokin is actively and
willfully participating in this conspiracy to violate my Constitutional Rights and block any
documentation I have filed with the court from Article III oversight.
The chilling fact that the players in this highly illegal scheme includes taxed paid public servants
who appear to be absent fear of consequence as each act of their planned intentional conspiracy
by the design of fraud that was exposed by this Petitioner in her filings to the court was simply
followed up with more fraud. Multiple communication attempts to an honest authority to halt this
usurpation and set this case back on a legal tract were sent via the ECF System, the Court’s
general email, the US Mail, and by process server and all attempts are presumed by this
Petitioner to be blocked from any honest authority as no relief followed. This Petitioner emailed
the Clerk of the Court and requested a response; again, no response and no relief. Three attempts
at email to the Clerk of the Court and a response finally came forth in the form of a Certified
Letter from the US Marshal presumed to be at the direction of the Clerk of the Court
warning this Petitioner that if she emailed any clerk in the court again she would be facing
criminal federal and state harassment charges (section one exhibit16). The emails to the
Clerk of the Court were also forwarded to Florence Pagano. The US Marshal who sent the
certified letter is Matthew Dumas; the circuit executive office has a legal analyst name Michelle
Dumas who has no law license listed with the BBO.
This Petitioner lives in disabled housing and did not have a phone at the time; her
communication was through Skype or email (section four exhibits 13, 14, 15, 16, 19, 46) which
are just a portion of the multiple attempts this Petitioner executed in an attempt to reach an
honest authority which included having to hire a process server to serve a motion for contempt to
Chief Judge Wolf; the contempt motion did not appear on the docket until three months after
served.
This Petitioner also believes that Chief Judge Wolf and Judge O’Toole never received their copy
of the Extraordinary Writ that was served to them by certified mail. Considering the volume of
people the court serves, it is peculiar that the clerk who signed the return receipts responded,
“Laura McGarry from Washington” as soon as this Petitioner stated her name after placing a call
to the court; the Clerk informed this Petitioner that after accepting certified mail addressed to the
Judges he brings the mail to the clerk staff. This Plaintiff then spoke with Chief Judge Wolf’s
Deputy Clerk who expressed no knowledge of the Writ. We discussed a document being served
to the Judge and strangely enough the Motion (Dkt. #85) intended for Chief Judge Wolf that was
brought to the court by a process server back in March made a sudden appearance on the docket
on June 21, 2011; I had assumed I was taken by a dishonest process server since I never received
validation from the process server that the motion went directly into Chief Judge Wolf’s hand as
requested but apparently the process server served the motion to the clerk staff. This contempt
motion was then put on the docket by Judge O’Toole’s docket clerk absent the notation that the
motion was referred to Judge O’Toole by Chief Judge Wolf. It was denied in the scanned
document that dismissed this Plaintiff’s action with prejudice on June 28, 2011. Again deficient
docketing occurred and neither contempt motions by this Plaintiff (Dkt. #58 or #85) received any
due process.
The faux defense has been nothing but misrepresentation, false statements and blatant fraud upon
the court—the case record supports the former. Magistrate Judge Leo T. Sorokin has ignored the
aforementioned and the Circuit Executive Office Staff has lost sight of their mission which one
would assume is to serve the public by ensuring that under the veil of judicial misconduct no
miscarriage of justice continues with accurate communication to the Chief Judge and assigned
judicial panels; they are only self-serving and complicit in corruption. The tax payer is
supporting deliberate usurpers of law.
An authority established by Judge Sterns was cited by the unauthorized attorneys as support for
their position by placing the authority in a footnote, misspelling the party’s name, changing the
Lexis number and leaving absent the adverse component of the authority and then scanning the
documents before entry into the ECF System to cover the ruse since no hyperlink could be
established yet the unauthorized Defense Counsel maintains in Dkt. # 47 [“Here, Defendants
have submitted all papers in good faith, and the representations in those papers are all legally
sound and factually accurate.”] Defendants’ Opposition (Dkt. # 36) to Plaintiff’s Motion (Dkt.
#28) to Strike Affirmative Defenses footnote 1 follows:
Continuing her by-now all-too-well-documented habit of treating this case’s docket like a personal e-mail
correspondent—and perfectly illustrating the harm created by the moving targets she never ceases to manipulate—
Plaintiff has purported to amend her Motion to Strike, even as undersigned counsel has been preparing Defendants’
opposition to that motion. See Docket No. 33 (Plaintiff’s “Motion Addendum”). If the Court is inclined to consider
Plaintiff’s “Motion Addendum” at all, the filing should not keep the Motion to Strike from being denied. First, the
Motion Addendum advances an utterly implausible position, i.e., that “Plaintiff [lacks] fair notice of the affirmative
defenses in question.” See Motion Addendum at 2. One need only consider Plaintiff’s granularly detailed, point-by-
point factual refutation of Defendants’ affirmative defenses to realize just how indefensible Plaintiff’s contention is.
Moreover, Defendants owed Plaintiff Rule 8(c)-notice, not Rule 8(a)-notice. See Kaufman v. Prudential Ins. Co. of
America, 2009 US Dist. LEXIS 68880, *2 (D. Mass. 2009). Where Rule 8(a) applies to “claims for relief” and
requires a plaintiff to provide a “short and plain statement of the claim showing that the pleader is entitled to relief,”
Rule 8(c) governs affirmative defenses and requires only that a defendant “affirmatively state any avoidance or
affirmative defense.” Contrast Ashcroft v. Iqbal, 566 U.S. __, 129 S.Ct. 1937, 1949 (2009) (interpreting Rule 8(a));
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (interpreting Rule 8(a)). Defendants’ affirmative defenses
have done at least as much as Rule 8(c) requires of them.
Although Plaintiff’s Motion Addendum is nothing more than yet another attempted volley that misses its mark, it
does point up the dire need for a net in this match.
Unauthorized Defense Attorneys Misspelled Party and Changed Lexis Number
Kaufman v. Prudential Ins. Co. of America, 2009 US Dist. LEXIS 68880, *2 (D. Mass. 2009). Where Rule 8(a) applies to “claims for relief” and requires a plaintiff to provide a “short and plain statement of the
claim showing that the pleader is entitled to relief,” Rule 8(c) governs affirmative defenses and requires only that a
defendant “affirmatively state any avoidance or affirmative defense.”
REALITY
Kaufmann v. Prudential Ins. Co. of Am., 2009 U.S. Dist. LEXIS 68800 at *2 (D. Mass. 2009)
Kaufmann v. Prudential Insurance Co. of America, No. 09-10239-RGS, 2009 WL 2449872 (D.
Mass. Aug. 6, 2009).
Id. (holding that the defendant must amend its affirmative defenses, other than those listed in
Rule 8(c)(1), to include a semblance of factual content).
Remarking "that sauce for the goose is sauce for the gander" the court stated that it was inclined
to hold that both plaintiffs and defendants have the same notice obligation under Rule 8. The
court also observed, however, that due to the commonly recognized usage of the affirmative
defenses listed in Rule 8(c)(1), these defenses intrinsically provide sufficient notice to satisfy the
plausibility standard.
The Defendants had not one 8(c)(1) affirmative defense that would stand. See Plaintiff’s Motion
to Strike Defendants’ Affirmative Defenses (Dkt. # 28), Plaintiff’s Response to Defendants
Answer Dkt. # 29, Motion Addendums Dkt. #32 & #33.
All submissions by Defense Counsel on November 5, 2010 were scanned prior to entry into the
ECF System; (Dkt. #52) describes the unauthorized attorneys’ planned ruse to mask their
submission of frivolous filings by scanning documents prior to ECF System entry and how when
the same was exposed by this Plaintiff they switched the files with word processed PDFs. See
Dkt. #52 attachment 3 which shows the timeline of creating the word processed PDF’s compared
to entry into the ECF System; the one scanned PDF that remained a scanned PDF after they
switch the other scanned files with word processed files was the bogus attachment 1 to document
36 which was document 35 scanned and stamped with the word copy –that scanned PDF was
created at 2:54:26 and they began entering all scanned documents into the ECF System at
2:58:23. There were absolutely no hyperlinks or ability to search, copy or paste the documents
these unauthorized attorneys filed in the ECF System on November 5, 2010 (section one exhibit
26 &27 and section four exhibit11).
Defense filings on November 5, 2010 used erroneous authorities and argued the wording of the
FRCP to suit their need of the moment. They insisted that rule 15 stated “as a matter of course”
within 21 days after filing where the rule states after serving in order to strike this Plaintiff’s
complaint amendment where minor corrections to the complaint had been mailed to the court
because this Plaintiff ‘s decline in health that required hospitalization followed by a sudden move
across the country had her functioning at far less than optimal; the Docket Clerk entered these
corrections into the ECF System as Complaint Amendments. All corrections were before any
service of process to any Defendant yet this Plaintiff’s Complaint amendment was Denied during
the usurpation rampage by the pro se staff attorney as she wiped out this Plaintiff’s prosecution
with Dkt. #53 and manipulated the filing date from January 20th
to January 19th
(you cannot
create a PDF on the 20th and call it filed on the 19th
and the orders regarding judicial
misconduct make patently false statements regarding proven docket manipulation; please
go to PACER and bring up the case & document at Dkt. #53 and right click your mouse to
see the properties of the document). This Plaintiff’s well supported motions (Disqualify
Defense Counsel Dkt. #27 & Strike All of Defendant’s Affirmative Defenses #28), Rule 15
compliant complaint amendment (Dkt. #30), US Appeals Court authority and Rule 9 supported
response (Dkt. #29) to Defendant’s ANSWER (Dkt. #21) [the Defendant’s answer was
essentially non responsive as it was full of denials, not enough information and false statement
that ignored 47 exhibits and further pleading with particularity was duly warranted], and
Plaintiff’s oppositions Dkt. #41 & #42 to unsupported frivolous defense motions were ignored,
denied or stricken by the pro se staff attorney with Dkt. #53. The authorities they used for Dkt
#37 & #39 fully explained FRCP 15 before and after the 2009 amendment. They argued USCA
authority in a foot note to ensure Plaintiff response to their bogus answer would be stricken; as
soon as this Plaintiff emailed them the authority she would be using to support her Dkt #29 they
halted the 7.1(A)(2) conference and filed their frivolous motion to strike.
Unauthorized Defense Attorneys Dkt #37 & #38 footnote 1
1 Plaintiff has attempted to avoid the effect of Rule 7(a)(7), after having been alerted to it by the parties’ Rule 7.1(A)(2) conference, through her Motion Addendum Coordinating Documents. See Docket No. 32. This motion addendum is of no moment—it offers no legal basis whatever to support the Response—and should by no means affect the striking of Plaintiff’s Response.
REALITY Plaintiff’s Motion addendum Dkt. #32 that supported Dkt. #27 & #28 as well as the
complaint amendment Dkt. #30
BAUER MECHANICAL INC v. JOINT562 F.3d 784; 2009 U.S. App. LEXIS 6072
[“The Federal Rules themselves instruct us to construe and administer their provisions to do substantial justice and
to secure the “just, speedy, and inexpensive determination of every action.”] Fed.R.Civ.P. 1, 8(e). Rules 7(a) and
(b) do not limit the methods by which a pleading may be filed. See, e.g., Hamm v. DeKalb County, 774 F.2d 1567,
1576 (11th Cir.1985) (affirming district court ruling recognizing an answer and response attached to a motion for
leave to file defensive pleadings); In re World Access, Inc., 301 B.R. 217, 220 n. 1 (N.D.Ill.2003) (recognizing an
amended complaint attached to a motion for leave to file an amended complaint instanter); Andersen v.
Roszkowski, 681 F.Supp. 1284, 1287-88 (N.D.Ill.1988) (same).
FRCP Rule 9. Pleading Special Matters
(b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must
state with particularity the circumstances constituting fraud or mistake. Malice, intent,
knowledge, and other conditions of a person’s mind may be alleged generally.
In a just Court a Plaintiff’s exposure of Defense Counsel’s unauthorized appearance followed by
multiple misrepresentations, false statements and blatant fraud where the allegations of the
Complaint are more than adequately supported by existing law and supporting evidence
compared to a more than obvious bogus Answer, the determination would be a nonexistent
defense followed by Judgment for the Plaintiff and sanctions against the attorneys and
Defendants. Instead the staff of this court decided to put a stroke victim through pretense
litigation which has left me in an unrelenting state of anxiety and beyond exhausted; Magistrate
Judge Sorokin let the ruse continue and they appear hopeful that causing and promoting
continual exhaustion of this disabled American will save their cause. Bad faith decision-making
while knowing yet deliberately disregarding facts and law define this action in the US court and
the processing of the judicial misconduct complaint. All the language of this Petition, including
the cover attempts with files that supported the allegations, was relayed to the Circuit Executive
Office; all of the aforementioned was purposefully disregarded in the orders of Judicial
Misconduct.
The Circuit Executive Office has done nothing to protect this Disabled American when the
record clearly indicates that she is being put through an abusive process by public servants who
have no authority to file the documents coming from the court. Florence Pagano stated to this
Petitioner that she should just forget about her action in the US District Court and move on. I
explained to Pagano that the Defendants had stolen my purpose and destroyed the quality of my
life and that I would not ever submit to corruption. Pagano then stated, “You still have your
children.” See the follow up email I sent Pagano after this conversation dated July 19, 2011.
Dkt. No. 9, 20, 53, & 57 are missing from the written opinions report (section one exhibit #9)
and their absence indicates that the court considers them void as well; these documents are
undersigned by US District Judge but were drafted and filed by the pro se staff attorney with
zero US District Judge oversight while in collusion with corrupt attorneys running a pretense
litigation.
Orders on January 28, 2011 Dkt. #57 included prohibiting this Plaintiff from making reference to
docketing information because the Plaintiff had noted in her third motion to disqualify defense
counsel for fraud upon the court (Dkt. # 52) a random entry into the case docket where text was
entered by the Docket Clerk on 12/3/2011 at Dkt. # 29 & #34 where he documented a
modification that was not needed or taken to effectuate the appearance of legitimate docket
entry; this Plaintiff alleges that the bogus scanned documents that had been filed on 11/5/2011 by
the unauthorized defense counsel were switched at that time with word processed files. The
aforementioned occurred four days after this Plaintiff filed for sanctions (see Dkt. #46). This was
also ignored by the Magistrate Judge and denied in the misconduct orders.
The pro se staff attorney ruled regarding Plaintiff’s Contempt Motion (Dkt. #58) of which she
was part subject with orders (Dkt. #61) that restricted this Plaintiff’s filing with the court and
signed the Magistrate Judge’s name. Magistrate Judge Sorokin at a bogus February 14, 2011
scheduling conference stated he had authorized these orders and continued a restriction on this
Plaintiff’s filing with the court. This Plaintiff’s son was present in the court room for the
scheduling conference that occurred on February 14, 2011; this Plaintiff attended the conference
by phone from Washington State. This Plaintiff’s son witnessed the Magistrate violate his
Mother’s constitutional right to Article III oversight when the Magistrate Judge denied my direct
verbal request for permission to file so that I could appeal his orders to the US District Judge and
he, also, denied my request for permission to file so I could request reconsideration of the bogus
orders by the pro se staff attorney that were undersigned with the US District Judge’s name (Dkt.
#20, #53 & #57). No misconduct order indicates that the transcript from this scheduling
conference was accessed as requested by this Petitioner in documentation to the Circuit
executive office in, either, the initial misconduct complaint or the petition requesting review of
the first misconduct order.
The pro se staff attorney entered an antagonistic memorandum and order (Dkt. #53) that wiped
out the prosecution of this Plaintiff’s action on January 20, 2011 and she manipulated the filing
date back to January 19, 2011. Dkt. #53 was drafted and entered after the pro se staff attorney
was aware of Dkt. #51 and she was not aware of Dkt. #51 until January 20, 2011 because this
Plaintiff did not file Dkt. #51 which requested that the pro se staff attorney be enjoined from duty
on the case until 17:37 on January 19th
(Please reference the Docket Activity Report as I
requested in my Petition regarding the first misconduct order). There was absolutely no law, rule
or fact in this unauthorized ruling by the pro se staff attorney. An example of the usurpation and
purpose for the docket manipulation follows with an excerpt from Dkt. # 57.
“On January 19, 2011, this Court issued a Memorandum and Order (Docket No. 53) that,
among other things, denied Plaintiff's two motions to disqualify defense counsel. As aptly
noted in Defendants’ opposition to Plaintiff's third attempt to disqualify Jackson Lewis' as
defense counsel, such request is essentially mooted by this Court’s order denying Plaintiff’s
first two attempts to disqualify counsel. See 1/19/11 Order, Docket No. 43.”
The dismissal with prejudice (Dkt. # 86) is an adoption of the Magistrates procedurally deficient
Report and Recommendation (Dkt. #80) who had no legal jurisdiction over this Plaintiff or the
matter and a request was made that that any R & R be by any judge other than Judge Sorokin
(see Dkt. #78 & #81) who was actively violating this Petitioner’s constitutional rights; (Dkt. #
86) which is beyond bogus by the language alone is a scanned document and has no indications
that a de novo review took place which I should not have to be addressing because the usurpation
of this case should have been resolved in March of 2011.
In making this determination, the Fifth Circuit observed, ―[W]hen a district judge enters
a judgment, defects in the order of referral are procedural matters that can be waived if
not properly preserved‖ because ―the duty assigned to a magistrate judge is ‗subject to
meaningful review‘ by a district judge.‖ Id. However, ―when a magistrate judge enters
judgment ․, the lack of a proper designation by the district judge renders the magistrate
judge without jurisdiction.‖ Id. at 257 n. 3.
Matters referred to a magistrate judge under both sections 636(b)(1) and 636(b)(3) must be
reviewed de novo by the district court when a party objects to a magistrate judge's
findings. See Peretz v. United States, 501 U.S. 923, 939, 111 S.Ct. 2661, 115 L.Ed.2d 808
(1991); see also In re Griego, 64 F.3d 580, 584 n. 4 (10th Cir.1995) (―[D]e novo review is
required in both 636(b)(1) and 636(b)(3) referrals.‖). Accordingly, it follows that, upon an
objection to a magistrate judge's proposed findings and recommendations pursuant to
section 3401(i), a district court must undertake de novo review.
We have previously held that the presumption that the district court conducted a de novo
review is overcome where:
1) the hearing transcript was not available to the district court; 2) the district court gave no
indication that it had listened to the tape of the hearing; and 3) the district court did not
state that it had reviewed the file and records, but had only indicated review of the findings
and rulings and the defendant's objections.
Benitez, 244 Fed.Appx. at 66; see Jones, 47 F.3d at 253.
The Jones Court remanded the case because the hearing transcript was available at the
time of the district court's review and the district court stated only that it had reviewed the
magistrate judge's findings and recommendation and the objections thereto. 47 F.3d at 253.
The Benitez Court stated,
This case fall[s] squarely within Jones. The transcript was not available at the time of the
district court's review, the district court did not state that it had listened to the tapes, and
the district court did not state that it had reviewed the records or files. Under Jones, we
cannot presume that the district court conducted the necessary review in light of these
indications to the contrary.
The document was scanned with the purpose of masking the properties of the document because
it is not an opinion and order by Judge O'Toole; the staff of the US District Court are well aware
that this Plaintiff is able to determine the origin of documents entered by the court, i.e. staff
computer v. judicial officer computer, by looking at the PDF properties (section four exhibits 12,
23 & 44). Judge O’Toole’s Deputy Clerk was made fully aware that this Plaintiff knew the exact
computer that scanned Dkt. #86 and that her objection to the R & R that the Magistrate had no
authority to write never saw a US District Judge. The clerks then began scanning several
legitimate appearing opinions by Judge O’Toole on the computer that scanned the dismissal of
this Plaintiff’s action and this Petitioner has all those files but used the most peculiar scanned
document for her affidavit. The affidavit attachment 1 to Dkt. #100 describes an attempt to
produce a scanned legitimate appearing document that would have the same properties as Dkt.
#86. As a note of interest, the scanned opinion set with publisher information regarding the
criminal case discussed in the affidavit of Dkt. #100 was entered on the all recent opinions web
page; the last page of the opinion is page 33 which is directly followed by page 41citing the
publisher information. The case had been essentially stagnant with no court entries since May of
2010. (exhibit section five)
Dkt. # 101 that denied reconsideration of the complaint dismissal and all post dismissal motions
ignored Plaintiff’s requests for Judicial Notice. Plaintiff’s submitted Affidavits were ignored.
Plaintiff’s request that the decision be hand signed by a US District Judge was ignored.
Plaintiff’s multiple requests for a hearing were ignored. Usurpation continued after this Plaintiff
filed her documented proof that her Objection (Dkt. #81) to the bogus R & R (Dkt. #80) never
went before the US District Judge. Dkt. #100 with an affidavit at attachment 1was filed on
September 8, 2011 and Plaintiff’s request for reconsideration and other post dismissal motions
were denied under continued usurpation on September 13, 2011(the filing date was manipulated
and recorded as 9/12/2011); apparently the exposure of the continued usurpation that was proven
in this Plaintiff’s affidavit was determined to require prompt action by the usurpers of this action.
Interestingly the criminal case was a conviction for RICO violations.
The PDF properties of Dkt. #101 are the same properties of the computer the pro se staff attorney
who usurped this action early in the case is now using to file documents in the US District Court;
she now leaves her name out of the properties but still enters the documents with (PSSA, 4). The
undersigned signature of Dkt. #101 and the PDF entered by PSSA4 have the same signature
variant from Judge O’Toole’s signature which is absent his usual indentation.
C.A. No. 10-11019-GAO –entered 9/21/2011 by PSSA 4- file date is manipulated just as it was on Dkt. #101
1:11-cv-11510-LTS- entered 9/21/2011 by PSSA 4
Prior to September 13, my emergency motions had lingered for more than two months in spite of
the fact that I had been informing the court that my son was hospitalized here in Massachusetts
and that a prompt decision was needed so I could take my son back to Washington State to
ensure his healthcare need were met; I had planned to return to Washington State directly after
the hearing requested from the court of appeals was granted but the Extraordinary Writ was
“DENIED” on June 20th
and during this same time period my son became acutely ill and he was
hospitalized for nearly a month. My son is again hospitalized in Massachusetts at the time of this
writing. I had no idea that a catastrophic illness would render a hard working American, who
dedicated her life to care of the frail and the sick as well as ensuring her children grew up to be
good citizens, void of all rights; the public servants of the federal court system act like domestic
terrorist.
The staff of the US District Court knew that I was in Massachusetts because my father had died
and that the usurpation of this action that had obstructed and delayed justice prevented me from
being able to reciprocate support during my Dad’s time of need; my father generously provided
support during my time of need and my need was caused by the massive retaliation that brought
this suit which left my father with insufficient funds to meet his own needs and he ended up in a
more than incompetent care setting that promoted his early death. The usurpers are getting away
with the obstruction justice and it is impacting the needs of my chronically ill son. This
Petitioner has noted emergency motions answered by Judge O’Toole in as short of time as two
days. I am entitled to default judgment but am being denied access to the courts. There is
something very wrong going on here in the State of Massachusetts and I cannot find one honest
person in Government or law enforcement who will initiate correction.
11-cv-11099 emergency motion requested 8/15/2011oders by Judge O’Toole and entered 8/17/2011
It appears court staff have taken some extra insurance in making this Petitioner’s scanned
dismissal appear legitimate even after Dkt. #101. This Petitioner’s reconsideration and post
dismissal motions that were denied under continued usurpation (Dkt. #101) were entered into the
ECF System by Judge O’Toole’s Deputy Clerk on (9/13/2011); all other docket entries in the
case had been by PSSA 4 or Judge O’Toole’s Docket Clerk except while on the Magistrate’s
docket where the Magistrate’s Judicial Assistant or Docket Clerk made court entries. On
9/15/2011 another case that had been stagnant since 12/10 was decided with a judicial panel. The
decision was signed by three US District Court Judges so it required scanning. Judge O’Toole’s
Docket Clerk entered the scanned PDF from his computer but the scanned PDF was not created
from his computer; all other court orders in this case under the judicial panel have been entered
by Judge Zobel’s clerk. The document was scanned on the computer that scanned this
Petitioner’s dismissal. The staff now had a scanned PDF memorandum and order signed by
three US District Judges with the same properties as the PDF file as the document that dismissed
this Petitioner’s case with prejudice. The aforementioned case was the quietly decided case
finding that an Assistant US Attorney had not violated any rules of misconduct. Case 1:09-mc-
10206-RWZ -WGY –GAO decided, scanned and entered on 9/15/2011. This decision also made
the all recent opinions web page. The allegations of misconduct were highly publicized; the
opinion that exonerated this Assistant US Attorney did not even make it into any major news
source or either of the major Boston newspapers. The criminal case and the Assistant US
Attorney's case involved in the cover-up where the same computer was used to create scanned
PDF’s that created the scanned PDF that dismissed my action with prejudice have an appearance
of inappropriate deal making. Both of the cases had been lingering and then were suddenly
brought to the top of the docket for action (exhibit section five).
This Petitioner has filed one law suit in her entire life and it is well supported by established law
and evidence. The players of this pretense litigation appear to be only interested in their own
self- preservation and retaining their falsely perceived power that by law they do not possess.
The usurpers of this action labeled this Petitioner a vexatious litigant and barred her from any
future filings with the court and certified that any appeal of this action would be frivolous so in
forma pauperis filing with the court of appeals was out of the question no matter any procedure
required to challenge this type of order because this Petitioner is well aware that any challenge
would have also fallen to usurpation. Unjustly stripped of rights, again, I again spent my grocery
money to file an appeal just as I had in order to file my Extraordinary Writ that never saw a
judge and just as I had in order to initiate service of process (twice) that never saw a judge; this
Petitioner’s only income is SSDI. The latest filings to the District Court indicated that I was in
Massachusetts with only my laptop and that I had no means to print or scan; Dkt. #101 also
terminated my ECF System filing privileges noting that any appeal would have to be by mail. I
arrived home in Washington on November 17th
2011 and weighed in at 105#; I am 5’ 8” tall and
weighed 140# when this suit was initiated. I believe the corrupt are hoping I will just die and go
away.
For all the forgoing reasons in accordance with 28 U.S.C. § 357 and the Rules for Judicial-
Conduct and Judicial-Disability Proceedings and in the interest of justice a review of October 19,
2011 judicial panel order by the Judicial Conference is respectfully requested and this Disabled
American respectfully request that this standing committee grant this petition and promptly
submit it to the Judicial Conference. The course of my action in the US District Court is beyond
shameful. I fear that if what has been described in this document goes left unchecked other
Americans will continue to have their Constitutional Rights violated and the denial of justice at
the whim of corrupt public servants will continue; I fear more what then may follow as recent
events in the national news show anarchy in America already apparent on the horizon. Healing
does not begin until the problem is acknowledged and over shame covered by denial the
correction process must begin. “If . . . constitutional rights are to function as operational limits
on government rather than mere figures of rhetoric, there must be an adequate structure of
enforcement.” John C. Jeffries, Reversing the Order of Battle in Constitutional Torts, 2009 Sup.
Ct. Rev. 115, 117 (2009) (emphasis in original).
The words of Justice Louis Brandeis however, offer another view: "Decency, security and
liberty alike demand that government officials shall be subjected to the rules of conduct
that are commands to the citizen. In a government of laws, existence of the government will
be imperiled if it fails to observe the law scrupulously. Our government is the potent,
omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime
is contagious. If the government becomes a lawbreaker, it breeds contempt for the law, it
invites every man to come a law unto himself. It invites anarchy. (United States v.
Olmstead, 277 U.S. 438 (1928).
The tax payer is not the slave of these corrupt public servants and corruption appears to spread
faster than disease caused by any pathogen; if not corrected corruption will in fact eventually kill
this country.
Respectfully submitted,
Laura J. McGarry, Petitioner/Plaintiff
1717 Sheridan Road
Apt. A- 50
Bremerton, WA 98310
413-214-1750
December _8____, 2011
God Bless America
Certificate of Petitioner
The undersigned declares under penalty of perjury that, to the best of her knowledge and belief,
the statements in the above petition are true.
Laura J. McGarry, Petitioner/Plaintiff
Bremerton, Washington this __8th______ day of December, 2011.
EXHIBIT LIST
SECTION ONE
DOCUMENTS THAT DIRECTLY SUPPORT PETITION
1. 11 19 2011 panel ruling
2. Advisory Opinion No. 66 ACE BBO Status
3. 09-3 Order magistrate jurisdiction
4. doc_81__magistrate rules and contempt authority
5. 7 6 2011 petition approved
6. 6 21 2011 petition to circuit executive
7. 5 18 2011 misconduct order
8. Chief Judge's signatures consider forgery
9. doc_88_31 WRITTEN OPINIONS REPORT
10. doc_88_7 deadlines docket
11. doc_88_8 deadlines hearings docket
12. 3 7 2011 complaint part 1
13. 3 7 2011 complaint part 2
14. 3 7 2011 complaint part 3
15. 3 7 2011 complaint part 4
16. doc-93_1 Certified letter from US Marshal
17. extraordinary writ
18. USCA1 Dockets for Writ
19. SBT & Judge Cambell's article
20. 1st circuit judges 2007-Campell SBT
21. pacer searches show access to writ changed
22. Writ not on USCA1 Opinions List
23. doc_64_1 notice of intent mandamus language
24. Doc_ 51__enjoin morse motion
25. Doc_ 52__ disqualify defense counsel third request
26. doc_36_1_scanned & stamped copy doc 35
27. doc_88_19 dkt text @ 29 & 34
28. doc_88_3 Tully's response when asked to validate representation of defendants
29. general court order appointment of counsel
30. SUBMITTED hospital discharge paper do not include in in final PDF
31. doc_51_1_Summary of Complaint in US District Court
32. child's appearance
33. child's second notice of appearance
34. Tully's appearance
35. Tully's second notice of appearance
SECTION TWO
EMAILS to ACE/Clerk of Court/PACER
1. April 6 2nd to clerk of court
2. April 6, 2011 554 AM
3. April 8, 2011 3rd to clerk forward ACE
4. July 1, 2011
5. July 6, 2011
6. July 11 108 pm
7. July 19, 2011 733 AM
8. March 10 918 am
9. March 10, 2011 1051 am
10. March 10, 2011 1120 am
11. March 10, 2011 1217 pm
12. March 14
13. March 17
14. March 21
15. March 23, 901 am
16. March 23, 907 am
17. March 23, 949 am
18. March 23, 2011 1st to clerk of court
19. March 25 803 am
20. March 25 900 am
21. March 28
22. March 30 707 am
23. May 19, 2011
24. October 6 1120 am 2
25. October 6 1120 am
26. October 6 1207 pm
27. October 6, 2011 1120 AM
28. October 7, 2011
29. September 8, 2011 754 am
30. September 9
31. September 16 723 am
32. September 16 753 am
33. September 18, 2011
34. September 23 629am
35. September 23 723 am
36. September 23 754 am
37. September 28 to PACER
38. September 29 EMAIL from PACER
SECTION THREE
DOCKET ACTIVITY REPORT
SECTION FOUR
MULTIPLE US DISTRICT COURT FILINGS
Doc_ =DOCUMENT
Example Doc_27 is main document @ Docket #27
doc_ =attachment exhibit
Example doc_53_3 is Docket 53 attachment 3
1. Doc_ 20_ruling on motion for injunctive relief written Barbara Morse
2. Doc_ 27_first motion disqualify defense
3. Doc_ 53_immediate ruling by morse
4. Doc_ 57_rulings by Morse
5. Doc_43 motion disqualify counsel default fraud
6. Doc_45_Plaintiff's memorandum disqualify defense
7. Doc_46_motion sanction defense
8. Doc_48_motion request scheduling conference
9. doc_51_6_ EEOC Excerpt Document 29_p_186
10. doc_52_1 false statement resign for move to WA
11. doc_52_3 defenses time line in creating 11-5 WP Docs NEEDS TO BE COLOR PRINT
12. doc_58_2_Barbara Morse's unauthorized documents
13. doc_58_7_emails to clerks
14. doc_58_8_notice to chief wolf of filings and fraud
15. doc_58_9_letter to chief judge & O'Toole in ECF @dkt. 54
16. Doc_59_letter_Thorton_clerk_of_court
17. Doc_58_contempt motion
18. Doc_61_morse wrote sorokin order
19. doc_64_4 letter mailed to chief judge wolf
20. Doc_69 motion reassign judges
21. doc_69_1proof of service notice of mandamus
22. Doc_70 motion to vacate void orders
23. doc_70_1 pdf recognition
24. Doc_72_defense memorandum contempt
25. Doc_75 order stay denied
26. Doc_76 discovery request
27. Doc_77_discovery request stricken
28. Doc_78_opposition_contempt
29. Doc_80 report and recommendation for contempt
30. doc_81_email to request stay on discovery submission son hospitalized
31. Doc_86 scanned dismissal with prejudice
32. Doc_88 reconsideration motion
33. doc_88_22 summons docketed with no court seal
34. doc_88_25 summons served had seal
35. doc_88_26 DOCKET CLERK SIGNS SUMMONS
36. Doc_89 judicial notice requested
37. Doc_90 motion EXPLAIN DISAPPEARANCE OF DKT. #85
38. Doc_93 motion default judgement
39. Doc_94 judicial notice requested
40. Doc_97 third motion for default
41. doc_97_1_affidavit in support of default
42. Doc_98 motion to stop unauthorized attorneys from filing
43. Doc_100 motion vacate void
44. doc_100_affidavit in support of motion
45. Doc_101 all post dismissal motions denied
46. Doc_Dkt. # 85 CONTEMPT MOTION DISAPPEARED
SECTION FIVE
OPINION DISCUSSED IN AFFIDAVIT OF DKT. #100 AND AUSA’S ORDER
scanned 04-cr-10029 scanned signed o'toole written by Sorokin
scanned 109-mc-10206-RWZ -WGY -GAO scanned AUSA opinion