BARNETT v DUNN, et al.(EASTERN DIST. CALI) - 8 - Plaintiff Response to EAC Request 36530934

8/9/2019 BARNETT v DUNN, et al.(EASTERN DIST. CALI) - 8 - Plaintiff Response to EAC Request 36530934

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Case 2.10-cv-02216-FCD-DAD Document 8 LED

IN THE UNITED STATES DISTRICT COURT FOR THEEASTERN DISTRICT OF CALIFORNIA

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XPAMELA BARNETT, Plaintiff, CivilCASE: 10-cv-02216-FCD-DADv.

Pamela Bamett, Prose Plaintiff2541 Warrego WaySacramento, CA, 95826Telephone: (415)[email protected]

DAMON JERRELL DUNN, etc., et al.,Defendants.

SUPERIOR COURT OF CALIFORNIACOUNTY OF SACRAMENTO-- - XPamela Barnett ) Case No. 34-201040077415

Plaintiff, )v. )Damon Jerrell Dunn (A.K.A. Damon Dunn); )Debra Bowen individually and afficiallyas ) with Cal. Election Code $2150(a)(lO)(b)The CaliforniaSecretaryof State; ) $2153, $2154 related to NVRAI AVANEAL KELLEY officially as The Orange ) Law and Cal. Election Code $18203,County Registrar of Voters; ) $18500 and I8501 violations withEdmund G. Brown Jr. (AK.A. Jerry Brown) ) request for Jury trial on facts toOfficially as the California Attorney General) ) determine civil damagesand individually; U.S. Election Assistance )Commission; and John and Jane Doe($) )

)Defendants )

PWNTIFF PamelaBamettDECLARATION IN RESPONSE TOTHE EAC NOTICE OF REMOVAL WITH 28 USC 51442 (a) 1

I Plaintiff Response to EAC Petition for Removal- Page 1of 4 I4142 1, PamelaBarnett,declare under penaltyof perjury, pursuant to 28 U.S.C. s1746:


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Case 2:IO-cv-02216-FCD-DAD Document 8 Filed 08125110 Page 2 of 5

1 1. DedarantI laintiff in esse is pro se herein without being an attorney.2 2. That Dedarant hereby responds to the U.S. Election Assistance3 Commission and itsdirector Thomas Wilkey (EAC) represented by Assistant U.S.4 Attorney Yoshinori H. T. Himel ofthe United States Attorney's Office in Sacramento5 having fhedon August 17,2010 the NOTICE of REMOVAL with 28 USC 51442 (a) 16 from Sacramento Superior Court, case number 34-2010-00077415; and that the7 United States is requesting from the state court a copy of that couffs pleading file,8 for filing with 28 U.S.C. 1447(b) with this Court's Clerk upon receipt from that court.9 3. That Plaintiff conditionally opposes such petition for removal on the10 grounds that damages exceed $10,000.00 as referenced to 28 USC 514.46; that11 Plaintiff as a California Republican is damaged and is among a class of those12 California Republicans who individually contributed under false pretense to the13 campaign of Defendant Damon Dunn who is alleged with intent to defraud other14 Republican Candidates damaged at the Republican Primary held June 8.2010; and15 4. That Plainti suffers irreparable harm with time as the essence because16 the ongoing challenge as before the Primary and now after the Primary is without a17 timely fair hearing in State Court as to the ballot status of Mr. Dunn that as a matter18 of law requires a hearing on the presentmentof certain facts there denied, and with19 imminent irreparable harm were the Ballots to be printed to proceed to the General20 Election without Plaintiff's requested relief grantedbefofe that printing isdone for the21 November 2,2010 General Election for State and Federal Officers to proceed; and22 5 . That notwithstanding he issues of damage, that Plaintiff has standingwith23 42 USC Section 1973GG-9: Civil enforcement and private right of action and as24 related State law similarly adopted to be here as in State Court if the Petition were

I Plaintiff Response to EACPetition or Removal- Page 2 of4


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Case 2:lO-cv-02216-FCD-DAD Document8 Filed 08/25/10 Page 3 of 5

granted in the matter of irreparable harm to Plaintiff along with those similarlysituated with time as the essence is due to State action(s), as all State Defendantsare Democrats including the Court Judge, who delay and deny substantive dueprocess with intent to interfere with the First and Fifthamendment rights and libertyof Republicans in violation of 42 USC 1981,1983. 1985(3) and 51986; and

6. Despite the requirements of 42 USC 51973C: as to alteration of votingqualifications and procedures by arbitrary and capricious action under color ofstatelaw by State or political subdivision for declaratory udgment on denial orabridgementof voting rights, Plaintii s entitled to a three-judge district court withappeal to Supreme Court; as to Section 19731(c)(d): Prohibited acts ,with breachoffiduciary duty as per 42 USC Section 1973FF-1 State responsibilities; and with 42USC 91973gg that applies herein with any State that maintains and uses a voterregistration data base; and whose State Officersare Federal agents; and

7. That the State is intent to print the ballot for the General Election with

Damon Dunn on it, as expressed by the State's Demurrer of June 11.2010 to theComplaint and the State and Orange County Demurrers of August 13, 2010 andAugust 12, 2010 respectively to the First Amended Complaint, and therein requestedand have been granted a State Court hearing on October 25,2010 after the ballotshave been printed; and

8. Thereby State Defendants deny Plaintiff and those similarly situated equalprotection of the law and substantive due process with a fair hearing in time tocorrect the ballot, and f o r that reason alone Plaintiff desires the bifurcation of liabilityand damages with an expedited declaratory udgment on equity issues as to liability

Plaintiff Response to EAC Petition for Removal- Page 3 of 4


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with the law and expedited jury trial on thefacts as to llabillty under the lawwith thecompounding damages severed and remanded back to State Court jury bial there.

9. That Damon Dunn and the State Defendants act acrossstate lines to denyPlaintiff and those similarly situatedas Republicans equal protection of the law andsubstantive due p r o mas if persons under the notoriousJim Crowlaws.;

10. That the facts proveDamon Dunn acts with intent to commit acrime;11. That the fads prove State Defendantsact with intent to commita crime.12. That the Lawprovides the Courtwith a remedy for relief and13. That all Defendants must bebarred from the ballot andWing&ice.14. That the Ballot mustbe printed with the next runner up in the Republican

Primary for Secretary of State;15. That the matter of Liability for damages mustbe remanded backto State

Court for further jury hearing on extent and scopeof damages to indude punitiveaward, costs of the proceeding and Attorneyfees as necessary; and

16. That Plainti s entitled to further and different relief the Court hereindeems necessary for justice tobe done herein to prevent further vote fraud intheState of California andof the several States

17. 1 do solemnly declare under penaltyof pa ury with 28 USC 91746 and thelawsof the Stateof Californiathii date ~ u g u s t 2 2010 in the CountyofSacramento, that the facts and circumstances described above are m e nd correct

21 I to the bestof my knowledge.V ~ a a a r n e n G ,A. 95826Telephone: (415)8467170

I Plaintiff Responseto EAC Petition for Removal-Page4 of4


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IN THE UNITED STATES DISTRICT COURT FOR THEEASTERN DISTRICT OF CALIFORNIA

BARNETT v. DUNN et al. CivilCASE: 10-cv-QZ216-FCD-DADCERTIFICATE OF SERVICE

On August 24,2010.1, Tony F.Andrade Jr., under penalty of perjury pursuant to28 USC 1746,1. That Dedarant is over 18 years of age and not a party herein;2. Dedarant caused the service of five (5) copies of the PLAINTIFF Pamela

Bamett DECLARATION IN RESPONSE TO THE EAC NOTICE OFREMOVAL WITH 28 USC $1442 (a) 1 signed August 24, 2010, and didplace each complete set in a sealed folder properly addressed with properpostage to be served by USPS mail upon:

Yashinori H. T. Himel Sacramento, CA 94244-2550United States Attorney's Mfice501 IStreet, Suite 10-100Sacramento, CA 95814 Nicholas S. Chrlsos, NCAEDBrian T. Hildreth Orange County CounselBell, McAndrews8 HILTACHK, LLP 333 West Santa Ana Boulevard455 Capitol Mall. Suite 801 Suite 407Sacramento, CA 95814 Santa Ana, CA 92702-1379Anthony Paul O'Brien Clerk of the California Superior CourtAttorney General's Office for the County of SacramentoState 720 9th StreetCalifornia Department of Justice Sacramento, CA S8141300 1 Street, 944255

Ido declare and certify under penalty of pe ury:Dated: August 2 4 -Sacramento

44151 Flagstaff Dr. P~ancho~ur ie taA, 95683Phone: 916.230.2123

Documents

BARNETT v DUNN, et al.(EASTERN DIST. CALI) - 8 - Plaintiff Response to EAC Request 36530934