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|  Don’t Ask Don’t Tell – Another Pretense Litigation by US Judge Virginia PhillipsJudge Virginia Phillips appeared in the case as "Transferee Judge" with no due Assignment Order. Her "Judgment" was never recorded in the Judgment Index of the Court, where the opposite judgment was listed - in favor of the United States.
By: Human Rights Alert, NGO Human Rights Alert previously filed a request for investigation and impeachment proceedings against Judge Virginia Phillips – for seizing another case with no valid Assignment Order and conducting pretense litigation in the Court, where invalid minutes, orders and judgment were issued with no attestation by the Clerk of the Court, and where a false and deliberately misleading docket was constructed by the Office of the Clerk of the Court Terry Nafisi. [ ] The docket of Log Cabin Republicans v United States of America et al demonstrated signs of pretense litigation as well: · In October 2004, the initial Complaint was filed by the Log Cabin Republicans seeking remedy against the US Government pertaining to its Don’t Ask Don’t Tell policy, pertaining to gays serving in the military. The Complaint and the Civil Cover Sheet, required for the opening of civil docket are missing from the docket in PACER – the online public access of the Court. · Summons was listed as issued, but no Summons was docketed, in apparent violation of Duties of the Clerk pursuant to Federal Rules of Civil Procedure. · Judge George P. Schiavelli appeared as presiding Judge in the case. However, no due Assignment Order was found in the docket. · On March 21, 2006, Judge Schiavelli appeared to grant the US’s Motion to Dismiss. · On March 22, 2006, Dismissal – Judgment in favor of Defendant, the United States, was entered in the Judgment Index of the Court. Regardless, the litigation continues to this date. · In August 2008, Judge Virginia Phillips first appeared in the case, designated as “Transferee Judge”. However, no valid Assignment Order was found in the docket. · In March 2010, Magistrate Charles F. Eick made his first appearance in the case. However, no Referral Order was found in the docket. · On August 12, 2010, Judge Virginia Phillips published a “Judgment” · On October 20, 2010, an Order was filed on behalf of “O'SCANNLAIN, TROTT, and W. FLETCHER, Circuit Judges” of the US Court of Appeals, 9th Circuit, staying the Injunction at the request of the US Government. However, the Order was unsigned, and the US District Court filed it with no attestation (NDA – Notice of Docket Activity) by the Clerk of the US Court of Appeals, 9th Circuit. The US District Court, Central District of California denies access to the NEFs (Notices of Electronic Filing) which, pursuant to General Order 08-02, are deemed by the Court as its electronic authentication/ In cases, which were listed in the request for investigation and impeachment proceedings against Judge Virginia Phillips, Judge John Walter, Magistrate Carla Woehrle, and Clerk of the Court Terry Nafisi, all of the same Court, the Judges and Magistrate appeared with no valid Assignment/Referral Orders and issued minutes, orders, and judgments, which were ‘entered’ in the PACER dockets by the Office of the Clerk. However, as was eventually discovered, all such judicial records were issued with invalid attestations by the Clerk. Attorneys for Log Cabin Republicans and United States of America were asked to release the NEFs in the case, [ ] which the US Court denies access to, in apparent violation of First Amendment rights. Media, which extensively reported on the case, were likewise asked to press for the release of the NEFs – public records by law. Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert is focusing on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States. __________ OUTLINE United States District Court, Central District Of California Log Cabin Republicans v. United States of America et al (2:04-cv-08425) “Assigned to: Judge Virginia A. Phillips” “Referred to: Magistrate Judge Charles F. Eick” Cause Of Action: 28 USC §2201 - Declaratory Judgement, Injunction 04-10-12 Dkt #001 - Initial complaint [PACER access denied] 04-10-12 Dkt #none - Initial summons [PACER access denied] 04-10-12 Dkt #none - Assignment Order to Judge George P. Schiavelli [not found] 04-10-18 Dkt #004 - Proof of Service of Summons, “Original Summons not returned,” [PACER access denied] 06-03-21 Dkt #024 – Motion to Dismiss Granted 06-03-22 Dismissal entered in the Judgment Index of the Court 06-04-28 Dkt #025 - First Amended Complaint filed by Log Cabin Republicans [PACER access denied] 06-04-28 Dkt #none - Summons on FAC [Not issued] 06-11-27 Dkt #034 – Minutes: 08-05-23 Dkt #052 - Minutes: 08-05-23 Dkt #none – Order Staying Action [None found] 08-07-22 Dkt #057 - 08-07-29 Dkt #064 - CCA 9th: Order from 9th CCA: “…appellant shall move for voluntary dismissal of the appeal or show case why it should not be dismissed for lack of jurisdiction” 08-10-08 Dkt #065 - Order (#08-078) “approved by Chief Judge Alicemarie H. Stotler”, Case “transferred” 08-11-06 Dkt #067 - CCA 9th: Appeal dismissed for lack of jurisdiction [Not signed by Circuit Judges, not attested by Clerk of CCA 9th] 08-12-01 Dkt #069 - CCA 9th: Mandate on dismissal [Not signed, filed with no attestation by the Clerk of CCA 9th] 10-03-01 Dkt #111- ORDER by Magistrate Charles F. Eick in re: Discovery 10-07-13 Dkt #216 - Several days of Court Trial initiated 10-10-12 Dkt #252 - Judgment and Permanent Injunction [Fails to appear in the Judgment Index of the Court] 10-10-20 Dkt #274 – CCA 9th: “The court has received appellant’s emergency motion to stay the district court’s October 12, 2010 order pending appeal. The order is stayed temporarily…” ________ LINKS [1] 10-12- http://www.scribd.com/ [ii] 10-12- http://www.scribd.com/ [iii] 10-12- http://www.scribd.com/ [iv] 10-12- http://www.scribd.com/ # # # Human Rights Alert, a Los Angeles County, California, NGO, is committed to monitoring Human Rights violations by the US government, and reporting such violations, including, but not limited to the 2010 Universal Periodic Review of the US by the UN. End
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