Académique Documents
Professionnel Documents
Culture Documents
Dr Z by Joseph H
Zernik
Joseph Zernik, PhD DN: cn=Joseph H
Zernik, o, ou,
PO Box 526, La Verne, CA 91750; email=jz12345@e
arthlink.net, c=US
Fax: 323.488.9697; Email: jz12345@earthlink.net Location: La
Verne, California
Date: 2010.03.27
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs 07:30:45 -07'00'
B. General Comments Regarding PACER and CM/ECF at the US Court of Appeals, 9th Circuit:
Based on multiple phone conversations with senior technical staff of the PACER service center in Texas, Dr
Zernik concluded:
1) PACER and CM/ECF platforms were implemented in all US District Courts and US Courts of Appeals
by 2009.
2) Regardless of the common platform, certain variations, relatively minor, were permitted in the various US
District Courts.
3) The US Courts of Appeals assumed much wider latitude in implementation of the systems. The systems
as implemented at the US Courts of Appeals are distinct compared to any of the US District Courts
implementations. Moreover, they vary widely among the US Courts of Appeals.
4) An extreme example – the US Court of Appeals, 2nd Circuit (NYC) implemented on January 1, 2010
modifications in its system, which were described by the PACER Service Center as “unilateral”. As a
result, it became impossible to access any records, or even the index pertaining to cases filed prior to
January 1, 2010, in any manner that could have be recognized by PACER users. A roundabout way was
Page 2/5 March 27, 2010
provided to such records, but one that could only be deciphered through step by step guidance by the
Service Center staff.
C. Case Numbering at the US Court of Appeals, 9th Circuit
1) Consecutive numbering of dockets is considered an essential safeguard for integrity of operations of the
Office of the Clerk of the Court. In fact, the Federal Rules of Civil Procedure require that dockets be
numbered consecutively.
2) For reasons that were inexplicable, the US Court of Appeals, 9th Circuit, exempted itself from such rules.
The Richard Fine petition, filed in June 2009 was designated case number (09-71692). In contrast, the
appeal, filed in July 2009, was designated case number (09-56073).
D. Filing and Entry of Records
1) Filing of Records: the definition of Filing and Entry of records are critical relative to the conduct of the
business of the courts. Procedures related to Filing and Entry are at the foundation of any due process at
the court. Filing – is typically defined as the conveyance of a record by a party or a judge into possession
of the Clerk of the Court.
2) Entry of Record: Entry takes place at a later time relative to filing. It indicates that the Clerk of the Court,
pursuant to his/her duties, inspected the record on its face, and did not find any clear discrepancies.
Therefore, the record was incorporated into a particular court file, and with that – became part of the
public records of the court.
3) Entry of Judgment: Over centuries the English speaking courts developed particular, more elaborate, due
process procedures for the Entry of Judgment, given the overriding desire to eliminate any ambiguity
relative to both the execution of the Entry of Judgment, and its Date. Fraud related to appearance of Entry
of Judgment, with no valid Entry of Judgment, is alleged as central to conduct of both the US Court,
Central District of California, and even more so – the Superior Court of California, County of Los
Angeles. It was alleged that due process procedures that were established over centuries were ambiguated
in the implementation of electronic case management and public access systems.
An extreme example were the NDAs of the US Court of Appeals, 9th Circuit. Although Dr Zernik
attempted for almost a year and a half to gain access to such records, it was not until March 26, 2010 that
he saw such record for the very first time. It was the gaining of access to such record that prompted the
writing of Addendum 1 and Addendum 2.
Page 3/5 March 27, 2010
5) Table 1 is an example of docketing text in docket of the US Court of Appeals, 9th Circuit:
08/12/2009 Filed order (MARY M. SCHROEDER and ANDREW J. KLEINFELD) Appellant's motions
13 and submissions to this court, received on July 20, 23, 29 and 30 and August 6, 2009, are
1 pg, 23.51 KB ordered filed. Appellant's request for a certificate of appealability is addressed by separate
order. Appellant's remaining motions and requests – including his request for immediate
release pending appeal – are hereby denied. [7024515] (DMM)
6) Table 2 is an example of docketing text in docket of the US District Court, Los Angeles:
03/25/2009 4 NOTICE OF CLERICAL ERROR: Due to clerical error the Case has been
reassigned from Judge Dean D. Pregerson to Judge George H Wu for all further
proceedings. The case will now reflect the initials of the transferee Judge CV 09-
01914 GW (CW). (rn) (Entered: 03/27/2009)
a. The US Court of Appeals left the columns undefined. Therefore, the definition of the date in the
left column was rendered vague and ambiguous. A naïve reader could interpret it as Date of
Filing, or alternatively as Date of Entry of the records.
b. Nowhere in the docketing texts of the US Court of Appeals, 9th Circuit, in fact, nowhere in the
dockets in their entirety would the word “Entered” be found. In the US District Courts, each
docketing text unit ends with “(Entered: <date>)”. Therefore, the US Court of Appeals left the
date of entry and even the existence of entry of the records vague and ambiguous. The failure to
ever use the word “Entered” or “Entry” appears far from chance occurrence, since various
contrived substitutes were used in various places in the dockets, which appeared as erroneous
legal usage: “Received”, “Filed”, or “Docketed”. The outcome is dockets that are vague and
ambiguous regarding the entry of any of the records on the docket. Moreover, detailed review of
the records in certain cases, such as the appeal at hand, Richard Fine v. Sheriff of Los Angeles
County, et al (09-56073), would lead a reasonable person to conclude that the entire PACER
docket in such case was a sham docket, and none of the records in such docket were deemed
entered by the US District Court of Appeals, 9th Circuit. It is further claimed that there is no
plausible explanation for construction of such sham dockets, unless to deceive and defraud.
c. The Service Center claimed that the initials at the end of the docketing text, e.g. “(rn)” in Table 2,
above, of the US District Courts, were associated with digital signatures. However, PACER did
not allow any way to view any tags of such signatures, expecting the public to take such initials as
signatures on sheer faith. However, the Service Center claimed that the initials at the end of the
docketing text of the US Courts of Appeals, e.g. “(DMM)” in Table 1, above, were NOT
associated with digital signatures. Therefore, if the information by the Service Center was to be
trusted, the US Courts of Appeals, which implemented their system later than the US District
Page 4/5 March 27, 2010
Court, created an appearance of signatures, based on usage of the same format, without the
signatures themselves being implemented.
1) One noted example of misleading format of the docket of the US Court of Appeals, 9th Circuit, is in the
header area fields that are labeled: Date Order/Judgment, Date Order/Judgment EOD. No field was
created for the data that is likely to be considered the most critical relative to appeals – Date of Entry of
Judgment. The validity of a Judgment, to take appeal from it, and the timeliness of the Notice of Appeal,
depend on the Entry, and Date of Entry of the Judgment, respectively. The failure to create a field for
the Date of Entry of Judgment created a docket for the US Court of Appeals, 9th Circuit, which was
inherently vague and ambiguous. It is claimed that such ambiguity was employed for abuse in particular
cases, such as the case at hand. The evidence showed that the June 29, 2009 Judgment by Judge John
Walter, was never entered at the US District Court. However, the PACER docket of that court was
misleading, and Richard Fine gave notice of appeal anyway. The US Court of Appeals, 9th Circuit, then
proceeded to create a full sham docket for a sham appeal from a sham June 29, 2009 Judgment.
2) The Date of Entry of the June 29, 2009 Judgment by Judge John Walter was never stated in the docket of
the US Court of Appeals, 9th Circuit. It is alleged that such Judgment was never entered, since it was
served with an invalid NEF – missing the Electronic Court Stamp.
3) Of note, under “Current Cases” in the docket header, “Start” was listed as “07/10/2009”, but
no “End” was listed, albeit, the Appeal was disposed with the February 18, 2010 issuance of
mandate (Dkt #69). Such failure to list and end-date is consistent with the notion that the US
Court of Appeals itself never deemed its judgment and the mandate that were issued as
honest, valid, and effectual court records.
F. Verification by Circuit Judges of Orders and Judgments and Authentication by Clerks
8) The US Court of Appeals, 9th Circuit, routinely posted in the PACER dockets orders and judgments with
no signatures at all. In the case at hand, eighteen (18) orders and judgments were posted, none of them
with any signature at all.
9) In contrast, the record of 09-07-17 Dkt #05 Denial of Certificate of Appealability by Judge John Walter,
which originated at the US District Court, Los Angeles, included the hand signature of the judge on it.
10) In contrast, papers filed by Richard Fine were verified by Fine, and counter signed relative to their
authentication through a traditional Proof of Service (since Fine was not authorized to use CM/ECF), see
for example the July 24, 2009 Request for Certificate of Appealability (Dkt #7).
11) Papers filed by others, were likewise verified – e.g. December 8, 2009 Letter-by- Prof Gotlieb (Dkt #52)
12) The US Court of Appeals, 9th Circuit implemented a system for certification of entry and authentication of
records, which was similar to the NEFs (Notices of Electronic Filings) at the US District Courts. The
equivalent record at the US Courts of Appeals is named NDA (Notice of Docket Activity) Even the name
of such key record was rendered vague and ambiguous. Just like the US District Courts, the US Court of
Appeals, 9th Circuit, eliminated any such records from its public PACER dockets. Therefore, the public
has no way to discern which records are honest, valid, and effectual records of the court, and which ones
were not. See Addendum 2 for further discussion of the NDA.
Page 5/5 March 27, 2010
G. Comments on the Docket of the Appeal in Richard Fine v. Sheriff of Los Angeles County, et al
(09-56073)
1) All other orders and judgments in the appeal were posted in the docket unsigned, and there is no way to
discern if they were ever deemed honest, valid and effectual court orders by the Court itself.
2) No copies of the NDA’s could be obtained from the US Court of Appeals, 9th Circuit, even after repeat
requests, which were filed regarding the Petition in June 2009. Therefore, the public was left unable to
discern the validity of any of the records in the appeal.
3) In the case of the record in Dkt #12, two versions of the record were downloaded, a few months apart. As
it turned out, the court altered the record during that time. However, no indication of the fact could be
found in the docket or the record itself.
4) Certain records of the docket were removed from public access, e.g., Dkt #32, #36, with no explanation at
all. Such conduct by the US Court of Appeals, 9th Circuit must be deemed suspect, since most of the
records where access was denied were by Appellees, and some of them were subject to objections by
Richard Fine, who claimed that such filings included as evidence records that had never part of the US
District Court file from which the appeal was originated.
In Sum:
• It is alleged that the most plausible explanation for the multiple dishonest features of the docket
of the appeal in Richard Fine v. Sheriff of Los Angeles County, et al (09-56073) was that such
docket was never deemed an honest, valid, and effectual docket of the US Court of Appeals, 9th
Circuit, by the Court itself.
• The fact that the US Court of Appeals, 9th Circuit, could perpetrate such travesty of justice, was
founded in the design and operation of the public access (PACER) and case management/
electronic court filing (CM/ECF) systems of the court – a major project by the Administrative
Office of the US Courts over more than a decade – which must be deemed fraud on the people.
• Whereas the habeas corpus petition of Richard Fine reflected deeply entrenched corruption of
the courts of Los Angeles County, the conduct of the appeal reflected a US Court system that
was compromised to its highest levels.
• Such conduct of the US Courts must be deemed serious abuse of the Human Rights of the
people of the United States.
By:_________ ______________
JOSEPH H ZERNIK
PO Box 526, La Verne, CA 91750
Phone: 323.515.4583
Fax: 323.488.9697
Email <jz12345@earthlink.net>
Blog: http://inproperinla.blogspot.com/
Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
3/27/2010 09-56073 Docket
General Docket
United States Court of Appeals for the inth Circuit
Court of Appeals Docket #: 09-56073 Docketed: 07/10/2009
ature of Suit: 3530 Habeas Corpus Termed: 12/16/2009
Richard Fine v. Sheriff of Los Angeles County, et al
Appeal From: U.S. District Court for Central California, Los Angeles
Fee Status: Paid
Prior Cases:
None
Current Cases:
Lead Member Start End
Related
09-71692 09-56073 07/10/2009
JUDGE DAVID P. YAFEE, Hon. David P. Yaffe Kevin Michael McCormick, Attorney
Respondent - Appellee, Direct: 805-648-5111
[COR LD NTC Retained]
BENTON, ORR, DUVAL & BUCKINGHAM
39 North California Street
P.O. Box 1178
Ventura, CA 93002
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3/27/2010 09-56073 Docket
RICHARD I. FINE,
Petitioner - Appellant,
v.
SHERIFF OF LOS ANGELES COUNTY; JUDGE DAVID P. YAFEE, Hon. David P. Yaffe; SUPERIOR
COURT OF CALIFORNIA COUNTY OF LOS ANGELES,
Respondents - Appellees.
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3/27/2010 09-56073 Docket
07/10/2009 1 Open 9th Circuit docket. No COA order in district court. Record on appeal
1 pg, 129.15 KB included: No. [6988692] (BG)
07/10/2009 2 Filed Appellant Richard I. Fine's "emergency motion to immediately release aplt
25 pg, 1.33 MB Fine from incarcertaion pending appeal ... etc."; served on 07/09/2009.
[6988781] (HH)
07/20/2009 3 Received Appellant Richard I. Fine request for judicial notice in support of
20 pg, 759.44 KB emergency motion. Served on 07/15/2009 [6997710] (RL)
07/21/2009 4 Received certificate of record on appeal. RT filed in DC None (NT) [6999150]
1 pg, 55.87 KB (RL)
07/21/2009 5 Received copy of District Court order filed on 07/17/2009 denying certificate of
1 pg, 38.18 KB appealability. [6999155] (RL)
07/23/2009 6 Received Appellant Richard I. Fine request for certificate of appealability, request
12 pg, 602.65 KB for order immediately gratning writ of habeas corpus on all seven grounds based
upon no opposition and violation of 28 USC 2243 by district court, and request
for order immediately setting appellant free from Los Angeles County jail. Served
on 07/21/2009 [7003921] (RL)
07/24/2009 7 Received Appellant Richard I. Fine amendment to request for certificate of
3 pg, 77.17 KB appealability. Served on 07/22/2009 [7005104] (RL)
07/27/2009 8 Received Appellant Richard I. Fine notice regarding certificate of compliance.
4 pg, 96.33 KB [7005393} (RL)
07/30/2009 9 Received Appellant Richard I. Fine supplement to emergency motion for
8 pg, 396.1 KB immediate release from unlawful incarceration showing irreparable and immediate
injury and undue financial hardship, including the loss of his home, and ongoing
physical pain and suffering. Served on 07/28/2009 [7010421] (RL)
08/06/2009 10 Received Appellant Richard I. Fine authorization for Greg McPhee, Mardi
2 pg, 56.53 KB Mason and Fred Scotitle to speak to court representatives on appellant's behalf.
Served on 07/31/2009 [7019023] (RL)
08/12/2009 12 Filed order (ANDREW J. KLEINFELD) Appellant is granted a certificate of
3 pg, 231.76 KB appealability on the issue of whether the trial judge should have recused himself. A
review of this court’s docket reflects that the filing and docketing fees for this
appeal remain due. Within 14 days of the filing date of this order, appellant shall
(1) pay to the district court the $455.00 filing and docketing fees for this appeal
and file in this court proof of such payment or (2) file in this court a motion to
proceed in forma pauperis, accompanied by a completed CJA Form 23. Failure
to pay the fees or file a motion to proceed in forma pauperis shall result in the
automatic dismissal of the appeal by the Clerk for failure to prosecute. The Clerk
shall serve a copy of CJA Form 23 on appellant. If appellant pays the fees, the
following briefing schedule shall apply: The opening brief is due September 9,
2009; the answering brief is due October 9, 2008; the optional reply brief is due
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3/27/2010 09-56073 Docket
within 14 days after service of the answering brief. If appellant files a motion to
proceed in forma pauperis, the briefing schedule will be set upon disposition of the
motion. Appellant’s remaining motions and requests will be addressed by
separate order. [7024494] (DMM)
08/12/2009 13 Filed order (MARY M. SCHROEDER and ANDREW J. KLEINFELD)
1 pg, 23.51 KB Appellant's motions and submissions to this court, received on July 20, 23, 29
and 30 and August 6, 2009, are ordered filed. Appellant's request for a certificate
of appealability is addressed by separate order. Appellant's remaining motions
and requests – including his request for immediate release pending appeal – are
hereby denied. [7024515] (DMM)
08/12/2009 14 Received notification from District Court re: payment of docket fee. Amount Paid:
1 pg, 61.83 KB USD 455.00 Date paid: 08/12/2009. [7027416] (RL)
08/19/2009 15 Filed Appellant Richard I. Fine request for immediate review and reconsideration
16 pg, 760.34 KB of summary denial of emrgency motion to free appellant pending appeal without
surety and/or grant writ, as such was not answered by the sheriff and the grounds,
facts, and claims set forth therein were not opposed or contested by the LA
Superior Court and Judge Yaffe, in addition to all reasons set forth in the original
motion incorporated herein by refence, ad that the original motion was
unopposed, and on the new ground tht the certificate of appealability has been
granted and the fee has been paid. Served on 08/17/2009. [7033677] (RL)
08/26/2009 16 Filed order (MARY M. SCHROEDER and ANDREW J. KLEINFELD)
1 pg, 23.12 KB Appellant’s motion for reconsideration of this court’s order denying his request
for immediate release pending appeal is denied. [7040857] (DMM)
08/31/2009 17 Filed original and 7 copies of Appellant Richard I. Fine (Informal: No) opening
52 pg, 2.09 MB brief of 41 pages. Served on 08/27/2009. [7047502] (LA)
08/31/2009 18 Filed Appellant Richard I. Fine motion for immediate release for appellant based
5 pg, 204.58 KB upon opening brief showing that Supreme Court precedents mandate recusal of
Judge Yaffe. Served on 08/27/2009. [7050592] (RL)
09/08/2009 19 Filed Appellant Richard I. Fine opposition to intervention of Joseph Zernik.
6 pg, 185.67 KB Served on 09/03/2009. [7056247] (RL)
09/09/2009 20 Filed Appellant Richard I. Fine notice of no opposition to motion to set appellant
3 pg, 89.12 KB free pedning decision of Ninth Circuit. Served on 09/08/2009. [7056436] (RL)
09/15/2009 21 Filed order (A. WALLACE TASHIMA and N. RANDY SMITH) Appellant's
1 pg, 23.06 KB second motion for immediate release is denied. No further motions for immediate
release pending appeal shall be filed or entertained. No motions for
reconsideration, modification, or clarification of this order shall be filed or
entertained. The opening brief has been filed; the answering brief is due October
9, 2009; and the optional reply brief is due within 14 days after service of the
answering brief. [7061608] (JS)
09/17/2009 22 Filed Appellant Richard I. Fine emergency motion to immediately grant writ of
6 pg, 183.74 KB habeas corpus based upon opening brief. Served on 09/16/2009. [7065558]
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(RL)
09/23/2009 23 ENTRY UPDATED. Filed order MOATT: (SNR) Appellant’s “emergency
2 pg, 26.04 KB motion to immediately grant writ of habeas corpus based upon opening brief,”
filed September 17, 2009, is denied to the extent appellant seeks immediate
release from custody, because on September 15, 2009, the court denied
appellant’s second motion for immediate release and stated that no further
motions for immediate release pending appeal shall be filed or entertained. To the
extent appellant seeks expedited consideration of this appeal, that request is
granted. The answering brief is due October 9, 2009. The reply brief is due within
14 days after service of the answering brief. Because this appeal is being
expedited, the Clerk shall not grant any extension of time to file the briefs under
9th Cir. R. 31-2.2. The Clerk shall calendar this case during the week of
December 7-11, 2009, in Pasadena, California. [7071916]--[Edited 09/23/2009
by KD] [7071916] (KD)
10/06/2009 24 Filed Appellant Richard I. Fine notice of no opposition to appellant's emergency
4 pg, 135.62 KB motion to immediately grant writ of habeas corpus based upon opening brief
served Sept. 16, 2009; demand for immediate granting of writ based upon no
opposition to motion. Served on 09/25/2009. [7086543] (RL)
10/09/2009 25 Submitted (ECF) Answering brief for review. Submitted by Appellees Judge
50 pg, 99.14 KB David P. Yafee and Superior Court of California County of Los Angeles. Date of
service: 10/07/2009. [7089801]--[COURT UPDATE: Replaced document with
searcable version.10/14/2009 by MA] (KMM)
10/09/2009 26 Submitted (ECF) Answering brief for review. Submitted by Appellee Sheriff of
16 pg, 75.11 KB Los Angeles County. Date of service: 10/09/2009. [7090739] (AMF)
10/09/2009 29 Filed Appellee Sheriff of Los Angeles County ("Sheriff Baca") supplemental
excerpts of record on appeal in 1 volume. [7093576] (LA)
10/13/2009 27 Filed clerk order: Answering Brief [26] filed by Sheriff of Los Angeles County.
1 pg, 28.33 KB Within 5 working days of the filing of this order, filer is ordered to file 10 copies
of the brief in paper format, with a Red cover, accompanied by certification,
attached to the end of each copy of the brief, that the brief is identical to the
version submitted electronically. [7091929] (LA)
10/13/2009 28 Filed Appellees Judge David P. Yafee and Superior Court of California County
of Los Angeles supplemental excerpts of record on appeal in 1 volume.
[7092293] (LA)
10/14/2009 30 Filed order (Appellate Commissioner) Appellant’s September 17, 2009 and
1 pg, 23.07 KB October 6, 2009 motions seeking summary reversal of the district court’s denial
of his petition for a writ of habeas corpus are denied. Appellant’s reply brief is
due October 23, 2009. (MOATT) [7095250] (SC)
10/15/2009 31 Filed clerk order: Answering Brief [25] filed by Superior Court of California
1 pg, 27.78 KB County of Los Angeles and Judge David P. Yafee. Within 5 working days of the
filing of this order, filer is ordered to file 10 copies of the brief in paper format,
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3/27/2010 09-56073 Docket
with a Red cover, accompanied by certification, attached to the end of each copy
of the brief, that the brief is identical to the version submitted electronically.
[7095757] (LA)
10/16/2009 32 Received 10 paper copies of Answering brief [26] filed by Sheriff of Los Angeles
County in 09-56073. One copy to Case Files, the remainder to Records.
[7098185] (SD)
10/16/2009 33 Filed Appellant Richard I. Fine emergency motion to strike appellees' answering
15 pg, 623.2 KB briefs or, in the alternative, strike inappropriate refferences to documents not in
"the record" contained in answering briefs; emrgency motion to grant release;
emergency motion to strike answering briefs of respondent Sheriff, LA Superior
Court and Judge David P. Yaffe; emergency motion to strike supplemental
excerpt of record on appeal. Served on 10/13/2009. [7098254] (RL)
10/16/2009 34 Filed Appellant Richard I. Fine request for judicial notice in support of emergency
4 pg, 153.86 KB motions. Served on 10/13/2009. [7098284] (RL)
10/16/2009 35 Filed order MOATT: (SNR) Appellant’s motion to strike the answering briefs
1 pg, 24.17 KB and request for judicial notice are referred to the panel assigned to hear the merits
of this appeal. All further filings shall be referred to the merits panel. The reply
brief remains due October 23, 2009. [7098468] (DAF)
10/20/2009 36 Received 10 paper copies of Answering brief [25] filed by Superior Court of
California County of Los Angeles and Judge David P. Yafee in 09-56073. One
copy to Case Files, the remainder to Records. [7102631] (SD)
10/22/2009 37 Received original and 7 copies reply brief of Appellant Richard I. Fine (Informal:
63 pg, 3.32 MB No) 53 pages. Served on 10/21/2009. Major deficiencies: brief is oversized.
Notified appellant. [7110556] (LA)
11/03/2009 38 Notice of Oral Argument on DECEMBER Calendar. Please return
8 pg, 168.93 KB ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA
Office. Attention: The Notice of Docket Activity may not list your case number.
Please open attached documents to view details about your case. [7117864]
(LN)
11/09/2009 40 Filed Appellant Richard I. Fine motion to file replacement reply brief. Served on
4 pg, 144.58 KB 11/06/2009. (Panel) [7128912] (LA)
11/09/2009 41 Received Appellant Richard I. Fine's 28-4 notice of responding to multiple
3 pg, 98.37 KB answering briefs. (Panel) [7128922] (LA)
11/09/2009 42 Received original and 7 copies of Richard I. Fine (Informal: ) subsitute or
38 pg, 1.56 MB corrected brief of 32 pages. Major deficiency: motion to file replacement brief
pending. Served on 11/06/2009. (Panel) [7128927] (LA)
11/09/2009 43 Received original and 7 copies of Appellant Richard I. Fine supplemental brief
28 pg, 1.7 MB (Informal: No) 20 pages (entitled "Supplemental Appendix"). Served on 11/6/09.
Major deficiencies: motion required to file supplemental brief. Notified appellant.
(Panel) [7128932] (LA)
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11/12/2009 39 Filed clerk order (Deputy Clerk:SC): Appellant’s motion to strike Respondents’
2 pg, 30.01 KB answering brief is DENIED. Appellant’s request for judicial notice of California
Government Code §§ 68220 et. seq. is DENIED. Appellant’s oversized reply
brief, which was filed on October 22, 2009, is deemed filed. The panel
unanimously finds that the facts and legal arguments in this case are adequately
presented in the briefs and record and that the decisional process would not be
significantly aided by oral argument. Pursuant to Fed. R. App. P. 34(a)(2), it is
therefore ordered that the case be submitted on the briefs, without oral argument
on December 10, 2009, in Pasadena, California. IT IS SO ORDERED.
[7127470] (SC)
11/12/2009 44 Filed original and 7 copies of Appellant Richard I. Fine (Informal: No) reply brief
62 pg, 3.17 MB of 53 pages. Served on 10/21/2009. (Panel) [7128941] (LA)
11/12/2009 45 Filed Appellant Richard I. Fine emergency peten for writ of mandate to
55 pg, 2.46 MB immediately order trial court ot enter writ of habeas corpus in USDC case CV-
09--7943 or issue osc, served on 11/09/2009. PANEL[7128989] (CW)
11/20/2009 46 Filed Appellant Richard I. Fine request for judicial notice of entire appellate
6 pg, 197.72 KB district's self-recusals in the "sturgeon" appeals. Served on 11/18/2009. (panel)
[7138870] (RL)
11/20/2009 47 Received letter dated 11/18/09 from Richar Fine pro se re: pre-decision on the
7 pg, 389.69 KB issues of "whether the trial judge [Judge Yaffe] should have recused himself'
against appellant Fine by the Ninth Circuit in the pending writ of habeas corpus
appeal in Fine v. Sheriff of Los Angeles County. (panel) [7138890] (RL)
11/24/2009 48 Filed clerk order (Deputy Clerk:SC): Petitioner’s Emergency Petition for Writ of
1 pg, 26.52 KB Mandate to Immediately Order Trial Court to Enter Writ of Habeas Corpus or
Issue Order to Show Cause is DENIED. [7141094] (SC)
11/30/2009 49 Filed Appellant Richard I. Fine motion for reconsideration of denial of emergency
5 pg, 183.93 KB petition for writ of mandate. Served on 11/27/2009. (panel) [7149090] (RL)
12/04/2009 50 Filed clerk order (Deputy Clerk:SC): Appellant’s “Request for Judicial Notice of
1 pg, 23.26 KB Entire Appellate District’s Self- Recusals in the ‘Sturgeon’ Appeals” is DENIED.
[7151665] (SC)
12/04/2009 51 Received letter dated 12/10/09 from Richard Fine pro se re: L.A. County judges
2 pg, 136.69 KB to lose payments from county to avoid conflicts. (panel) [7152316] (RL)
12/08/2009 52 Filed Daniel Henry Gottlieb's motion to to become amicus curiae, served on
1 pg, 64.21 KB 12/07/2009. (Panel) [7155956] (LA)
12/08/2009 53 Received original and 0 copies of Amicus Curiae - Pending Daniel Henry Gottlieb
24 pg, 1.86 MB amicus brief in 18 pages. Major deficiencies: motion to become amicus pending,
untimely, brief is oversized. Served on 12/07/2009. (Panel) [7155999] (LA)
12/09/2009 54 Filed order (STEPHEN R. REINHARDT, STEPHEN S. TROTT and KIM
1 pg, 22.21 KB MCLANE WARDLAW): Appellant’s “Motion for Reconsideration of Denial of
Emergency Petition for Writ of Mandate” is DENIED. [7156559] (AF)
ecf.ca9.uscourts.gov/…/TransportRoom 8/11
3/27/2010 09-56073 Docket
12/09/2009 55 Filed Appellant Richard I. Fine motion to reconsider clerk's denial of requests for
4 pg, 153.94 KB judicial notice of government code 68220-68222 and the justices' recusal of the
Second District of the California Court of Appeals in the case of Sturgeon v.
County of Los Angeles. (panel) Served on 12/08/2009. [7157977] (RL)
12/10/2009 56 SUBMITTED ON THE BRIEFS TO STEPHEN R. REINHARDT, STEPHEN
S. TROTT and KIM MCLANE WARDLAW [7159651] (BG)
12/11/2009 57 Filed order (STEPHEN R. REINHARDT, STEPHEN S. TROTT and KIM
1 pg, 21.5 KB MCLANE WARDLAW): Dr. Daniel Gottlieb’s motion for amicus curiae status
and submission of an amicus curiae brief is DENIED. [7160428] (AF)
12/15/2009 58 Filed order (STEPHEN R. REINHARDT, STEPHEN S. TROTT and KIM
1 pg, 25.02 KB MCLANE WARDLAW) Appellant’s “Motion to Reconsider Clerk’s Denial of
Requests for Judicial Notice” is DENIED. As to the request for judicial notice of
California Government Code §§ 68220 – 68222, however, we note that the
request is denied only because it is unnecessary to request judicial notice of a
statute. The panel will consult the parties’ cited legal authorities in its consideration
of this appeal. [7164720] (SC)
12/16/2009 59 FILED MEMORANDUM DISPOSITION (STEPHEN R. REINHARDT,
8 pg, 393.25 KB STEPHEN S. TROTT and KIM MCLANE WARDLAW) AFFIRMED.
FILED AND ENTERED JUDGMENT. [7165909] (PH)
12/17/2009 60 Filed Appellant Richard I. Fine's motion to take judicial notice of Monterey
6 pg, 259.53 KB County Judges ... . Served on 12/15/2009. [7171018] (GV)
12/21/2009 61 Filed Appellant Richard I. Fine's petition for rehearing en banc only Number of
7 pg, 260.67 KB Pages 3. Served on 12/15/2009. Deficiency: None. Date circulated to the court:
12/21/2009 (ACTIVE JUDGES-ANY INTERESTED SENIOR JUDGES,
Panel: SR, SST and KMW) [7171163] (GV)
12/21/2009 63 Received Appellant Richard I. Fine's Combined emergency petition for panel
20 pg, 851.05 KB rehearing and petition for rehearing en banc. Number of pages 15. Deficient:
[petition for en banc rehearing only previously filed]. Served on 12/19/2009.
(PANEL) [7176235] (GV)
12/24/2009 62 Filed order (STEPHEN R. REINHARDT, STEPHEN S. TROTT and KIM
1 pg, 22.69 KB MCLANE WARDLAW) Appellant’s “Request for Judicial Notice of Monterey
County Judges’ Public Statements” is DENIED. [7175290] (KKW)
01/12/2010 64 Filed Appellant Richard I. Fine's petition for panel rehearing and petition for
20 pg, 861.44 KB rehearing en banc Number of Pages 13. Served on 12/19/2009. Deficiency:
None. Date circulated to the court: 01/12/2010 (PANEL-ACTIVE JUDGES-
ANY INTERESTED SENIOR JUDGES, Panel: SR, SST and KMW)
[7191813] [7191813] (GV)
02/03/2010 65 Filed Appellant Richard I. Fine's motion to disqualify judges Reinhard, Trott and
11 pg, 485.33 KB Wardlaw for not having disclosed violations of 28 USC 455(a) and to void the
memorandum of decision and other orders. Served on 02/01/2010. [7221784]
ecf.ca9.uscourts.gov/…/TransportRoom 9/11
3/27/2010 09-56073 Docket
(GV)
02/10/2010 66 Filed order (STEPHEN R. REINHARDT, STEPHEN S. TROTT and KIM
1 pg, 27.25 KB MCLANE WARDLAW) The panel has voted to deny Appellant’s petition for
panel rehearing. Judge Reinhardt and Judge Wardlaw have voted to deny
Appellant’s petitions for rehearing en banc, and Judge Trott so recommends. The
full court has been advised of the suggestions for rehearing en banc and no active
judge has requested a vote on whether to rehear the matter en banc. Fed. R.
App. P. 35. The petitions for rehearing en banc are denied. No further motions
shall be entertained in this appeal. IT IS SO ORDERED. [7226626] (SC)
02/12/2010 68 Filed order (STEPHEN R. REINHARDT, STEPHEN S. TROTT and KIM
1 pg, 22.4 KB MCLANE WARDLAW) Petitioner’s Motion to Disqualify Judges and to Void
the Memorandum Disposition and Other Orders is DENIED. [7231563] (SC)
02/18/2010 69 MANDATE ISSUED.(SR, SST and KMW) [7235709] (GV)
1 pg, 82.36 KB
03/02/2010 70 Received Aplt's petition for en banc hearing to overturn decisiion... [7250431]
33 pg, 1.44 MB (GV)
ecf.ca9.uscourts.gov/…/TransportRoom 10/11
3/27/2010 09-56073 Docket
Clear All
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ecf.ca9.uscourts.gov/…/TransportRoom 11/11
Case: 09-56073 07/21/2009 Page: 1 of 1 DktEntry: 6999155
Case2:O9-cv-O1914-JFW-CW Document44 Filed07/17/2009 Page1of1
FILED
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RICHARD1.FINE, CASENUMBER
CV09-1914-JFW(CW)
PETITIONER
SHERIFFLEROYD.BACA,eta1.,
ORDERRE:CERTIFICATEOF
APPEALABILITY
RKSONDENT.
On 7/1/09 ,PetitionerfiledaNoticeofAppealandarequestforaCertificate
ofAppealabilitypursuantto28U.S.C.j2253.TheCourthasreviewedthematter.
ITISHEREBYORDERED:
(:1TheCertitkateofAppealabilityisGRANTED.nespecitkissuets)satisfyj2253(c)(2)asfollows:
K neCertiticateofAppealabilityisDENIEDforthefollowingreasonts):
K Themhasbeennosubstantialshowingofthedenialofaconstitutionalright.
Q Theappealseekstotesttllevalidityofawnrmnttoremovetoanotherdistrictorplacefor
commi%entortrial.
Q Theappealseekstotestthevalidityofthedetentionpendingremovalproceedings.
/7 mazw
D te U tedStatesDistrictJudge
CV-79(û7N7) ORDERRE:CERTIFICATEOFAPPEALABILITY
œ ). (PF W VWZW
Case: 09-56073 07/24/2009 Page: 1 of 3 ID: 7005104 DktEntry: 7
RMou
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EWy'EnVOI-E
ERK
U.s.COIRTOFhjpous
1 RICHARD 1.FINE,lnProPer Jru2j2:gg
2 PrisonerID #1824367
c/oMen'sCentralJail e
3 441Bauchetstreet DLLIS'
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4 LosAngeles,CA 90012
5
6 UNITED STATESCOURT OFAPPEALS
7
FOR THENINTH CIRCUIT
8
9
10
RICHARD 1.FINE, . CaseNo.09-56073
1l AppellantandPetitioner,
,2 AMENDMENTTOREQIJEST
vs. FORCERTIFICATEOF
13 APPEALABILITY
14
15 U.S.DI
ASPTRI CTCOURT,
PelleeanbRespondent.
y.R.
A.p.Rule22(b)
16
SHERIFFOFLOSANGELES
17 COUNTY
18 (Rea1PartyInlnterest)
19
20
21
22
23 AppellanthasjustreceivednoticethattheUSDistrictCourthasdeniedhis
24 RequestforCertificate ofAppealability. Such noticeappeared on PACER
25 today,July21,2009.AppellantherebyrequeststhattheNinthCircuitCourtof
26 AppealsgranttheCertificateofAppealabilityforal1thereasonssetforthinthe
zz RequestforCertiticateofAppealabilitytransmittedtotheNinthCircuitearlier
28 thisdate.
Case: 09-56073 07/24/2009 Page: 2 of 3 ID: 7005104 DktEntry: 7
rf-
oatedtsssv/ dayoçnly,2::9 Respectfullysublaaitted,
BY: . - --
RICHARD 1.FINE,
lnProPer
Case: 09-56073 07/24/2009 Page: 3 of 3 ID: 7005104 DktEntry: 7
PROOFOFSERVICE
STATEOFCALIFORNIA,
COUNTYOFLOSANGELES
G G PHEE
ar
Case: 09-56073 08/12/2009 Page: 1 of 2 DktEntry: 7024494
FILED
UNITED STATES COURT OF APPEALS AUG 12 2009
Respondents - Appellees.
Under Miller-El v. Cockrell, 537 U.S. 322 (2003), appellant need not show
required if he demonstrates that reasonable jurists would find the district court's
judge should have recused himself. See 28 U.S.C. § 2253(c)(3); see also 9th
Cir.R.22-1(e).
dk/COA
Case: 09-56073 08/12/2009 Page: 2 of 2 DktEntry: 7024494
A review of this court’s docket reflects that the filing and docketing fees for
this appeal remain due. Within 14 days of the filing date of this order, appellant
shall (1) pay to the district court the $455.00 filing and docketing fees for this
appeal and file in this court proof of such payment or (2) file in this court a motion
to pay the fees or file a motion to proceed in forma pauperis shall result in the
automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir.
R. 42-1.
If appellant pays the fees, the following briefing schedule shall apply: The
opening brief is due September 9, 2009; the answering brief is due October 9,
2008; the optional reply brief is due within 14 days after service of the answering
brief. If appellant files a motion to proceed in forma pauperis, the briefing schedule
order.
dk/COA 2 09-56073
Case: 09-56073 08/12/2009 Page: 1 of 1 DktEntry: 7024494
OCJA 23 FINANCIAL AFFIDAVIT
Rev. 5/98 IN SUPPORT OF REQUEST FOR ATTORNEY, EXPERT OR OTHER COURT SERVICES WITHOUT PAYMENT OF FEE
IN UNITED STATES G MAGISTRATE G DISTRICT G APPEALS COURT or G OTHER PANEL (Specify below)
IN THE CASE OF LOCATION NUMBER
FOR
V.S.
AT
*
PERSON REPRESENTED (Show your full name) 1 G Defendant—Adult DOCKET NUMBERS
* 2
3
G
G
Defendant - Juvenile
Appellant
Magistrate
Court of Appeals
G Misdemeanor 7 G 2255 Petitioner
8 G Material Witness
9 G Other
9
RECEIVED & IDENTIFY $
THE SOURCES
CASH Have you any cash on hand or money in savings or checking accounts? G Yes G No IF YES, state total amount $
Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and
clothing)? G
Yes G No
VALUE DESCRIPTION
PROP-
ERTY IF YES, GIVE THE VALUE AND $
DESCRIBE IT
MARITAL STATUS Total List persons you actually support and your relationship to them
No. of
SINGLE Dependents
DEPENDENTS MARRIED
9 9
WIDOWED
SEPARATED OR
DIVORCED
OBLIGATIONS &
9
APARTMENT Creditors Total Debt Monthly Paymt.
DEBTS DEBTS & OR HOME:
MONTHLY $ $
BILLS $ $
(LIST ALL CREDITORS,
9
INCLUDING BANKS, $ $
LOAN COMPANIES,
$ $
CHARGE ACCOUNTS,
ETC.)
I certify under penalty of perjury that the foregoing is true and correct. Executed on (date)
SIGNATURE OF DEFENDANT
(OR PERSON REPRESENTED) *
Case: 09-56073 08/12/2009 Page: 1 of 2 ID: 7024494 DktEntry: 12-1
FILED
UNITED STATES COURT OF APPEALS AUG 12 2009
Respondents - Appellees.
Under Miller-El v. Cockrell, 537 U.S. 322 (2003), appellant need not show
required if he demonstrates that reasonable jurists would find the district court's
judge should have recused himself. See 28 U.S.C. § 2253(c)(3); see also 9th
Cir.R.22-1(e).
dk/COA
Case: 09-56073 08/12/2009 Page: 2 of 2 ID: 7024494 DktEntry: 12-1
A review of this court’s docket reflects that the filing and docketing fees for
this appeal remain due. Within 14 days of the filing date of this order, appellant
shall (1) pay to the district court the $455.00 filing and docketing fees for this
appeal and file in this court proof of such payment or (2) file in this court a motion
to pay the fees or file a motion to proceed in forma pauperis shall result in the
automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir.
R. 42-1.
If appellant pays the fees, the following briefing schedule shall apply: The
opening brief is due September 9, 2009; the answering brief is due October 9,
2008; the optional reply brief is due within 14 days after service of the answering
brief. If appellant files a motion to proceed in forma pauperis, the briefing schedule
order.
dk/COA 2 09-56073
Case: 09-56073 08/12/2009 Page: 1 of 1 ID: 7024494 DktEntry: 12-2
OCJA 23 FINANCIAL AFFIDAVIT
Rev. 5/98 IN SUPPORT OF REQUEST FOR ATTORNEY, EXPERT OR OTHER COURT SERVICES WITHOUT PAYMENT OF FEE
IN UNITED STATES G MAGISTRATE G DISTRICT G APPEALS COURT or G OTHER PANEL (Specify below)
IN THE CASE OF LOCATION NUMBER
FOR
V.S.
AT
*
PERSON REPRESENTED (Show your full name) 1 G Defendant—Adult DOCKET NUMBERS
* 2
3
G
G
Defendant - Juvenile
Appellant
Magistrate
Court of Appeals
G Misdemeanor 7 G 2255 Petitioner
8 G Material Witness
9 G Other
9
RECEIVED & IDENTIFY $
THE SOURCES
CASH Have you any cash on hand or money in savings or checking accounts? G Yes G No IF YES, state total amount $
Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and
clothing)? G
Yes G No
VALUE DESCRIPTION
PROP-
ERTY IF YES, GIVE THE VALUE AND $
DESCRIBE IT
MARITAL STATUS Total List persons you actually support and your relationship to them
No. of
SINGLE Dependents
DEPENDENTS MARRIED
9 9
WIDOWED
SEPARATED OR
DIVORCED
OBLIGATIONS &
9
APARTMENT Creditors Total Debt Monthly Paymt.
DEBTS DEBTS & OR HOME:
MONTHLY $ $
BILLS $ $
(LIST ALL CREDITORS,
9
INCLUDING BANKS, $ $
LOAN COMPANIES,
$ $
CHARGE ACCOUNTS,
ETC.)
I certify under penalty of perjury that the foregoing is true and correct. Executed on (date)
SIGNATURE OF DEFENDANT
(OR PERSON REPRESENTED) *
Case: 09-56073 08/12/2009 Page: 1 of 1 ID: 7024515 DktEntry: 13
FILED
UNITED STATES COURT OF APPEALS AUG 12 2009
Respondents - Appellees.
Appellant's motions and submissions to this court, received on July 20, 23,
order.
dk/COA
Case: 09-56073 08/26/2009 Page: 1 of 1 ID: 7040857 DktEntry: 16
FILED
UNITED STATES COURT OF APPEALS AUG 26 2009
Respondents - Appellees.
dk/COA
Case: 09-56073 09/15/2009 Page: 1 of 1 ID: 7061608 DktEntry: 21
FILED
UNITED STATES COURT OF APPEALS SEP 15 2009
Respondents - Appellees.
The opening brief has been filed; the answering brief is due October 9, 2009;
and the optional reply brief is due within 14 days after service of the answering
brief.
ec/MOATT
Case: 09-56073 09/23/2009 Page: 1 of 2 ID: 7071916 DktEntry: 23
FILED
UNITED STATES COURT OF APPEALS SEP 23 2009
Respondents - Appellees.
based upon opening brief,” filed September 17, 2009, is denied to the extent
appellant seeks immediate release from custody, because on September 15, 2009,
the court denied appellant’s second motion for immediate release and stated that no
further motions for immediate release pending appeal shall be filed or entertained.
request is granted. The answering brief is due October 9, 2009. The reply brief is
due within 14 days after service of the answering brief. Because this appeal is
being expedited, the Clerk shall not grant any extension of time to file the briefs
SNR/MOATT
Case: 09-56073 09/23/2009 Page: 2 of 2 ID: 7071916 DktEntry: 23
The Clerk shall calendar this case during the week of December 7-11, 2009,
in Pasadena, California.
Molly Dwyer
Clerk of Court
SNR/MOATT 2 09-56073
Case: 09-56073 10/13/2009 Page: 1 of 1 ID: 7091929 DktEntry: 27
Respondents - Appellees.
Within five (5) working days of the filing of this order, Appellee is ordered to file
ten (10) copies of the brief in paper format, with a Red cover, accompanied by
certification (attached to the end of each copy of the brief) that the brief is identical
to the version submitted electronically. A sample certificate is available on the
Court’s website, www.ca9.uscourts.gov, at the CM/ECF button.
Molly C. Dwyer
Clerk of Court
Respondents - Appellees.
Appellant’s motion to strike the answering briefs and request for judicial
notice are referred to the panel assigned to hear the merits of this appeal.
Molly Dwyer
Clerk of Court
SNR/MOATT
Case: 09-56073 11/12/2009 Page: 1 of 2 ID: 7127470 DktEntry: 39
FILED
UNITED STATES COURT OF APPEALS NOV 12 2009
Respondents - Appellees.
Appellant’s oversized reply brief, which was filed on October 22, 2009, is
deemed filed.
The panel unanimously finds that the facts and legal arguments in this case
are adequately presented in the briefs and record and that the decisional process
P. 34(a)(2), it is therefore ordered that the case be submitted on the briefs, without
IT IS SO ORDERED.
Case: 09-56073 11/12/2009 Page: 2 of 2 ID: 7127470 DktEntry: 39
MOLLY C. DWYER
Clerk of Court
Respondents - Appellees.
Trial Court to Enter Writ of Habeas Corpus or Issue Order to Show Cause is
DENIED.
MOLLY C. DWYER
CLERK OF COURT
Respondents - Appellees.
MOLLY C. DWYER
CLERK OF COURT
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DATE
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ATTN:PanelJusticesAssignedtoCase#09-56873,SetforHearing12/10/2009
U.S.CourtofAppealsfortheNinthCircuit
95SeventhStreet
SanFrancisco,CA94103
Date12/7/2009
RE: AmicusCuriaeBriefSubmissionforConsideration' ,
NinthCircuitCgseNo.09-56073.DistrictCourtCaseNo,CV-09-1914JFW (CW)
DearPanel:
lam aretiredmathematicsprofessor.Myinterestintheabovematterstemsfrom myformerroleasan
educatorandpresentactivitiesasaconsultantastheyrelatetotheperceivedhonesty(orlackthereotlof
thejudicialsystem,combinedwithmyuniqueperspectivefrombeingamemberoftheMarinaStrand
Colony11Homeownersassociation.NotethatMarinaStrandColony11vsLosAnglelesCountyandDel
ReyShoresistheoriginatingcasefortheDecember10Hearing.
lam awareoftherequirementthatamicusbriefsbesubmittedbyattorneyslicensedtopracticebeftxe
yourCourt.However,1havebeenunabletoretainonewillingtorisktheircareers,giventhèissues,
ghd
circumstances.
lhavenonethelesspreparedtheenclosedamicuscuri
aeintheinterestsofjusticeandrespectfullyre-
questthatyougivetheseissuesdueconsideration.
Sincerely,
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Enclosure
Richard1.Fine
AaronMitchellFontana,Esq.
PaulB.Beach'Esq.
KevinM.Mccormick,Esq.
Case: 09-56073 12/09/2009 Page: 1 of 1 ID: 7156559 DktEntry: 54
FILED
UNITED STATES COURT OF APPEALS DEC 09 2009
Respondents - Appellees.
Respondents - Appellees.
Government Code §§ 68220 – 68222, however, we note that the request is denied
only because it is unnecessary to request judicial notice of a statute. The panel will
consult the parties’ cited legal authorities in its consideration of this appeal.
Case: 09-56073 12/11/2009 Page: 1 of 1 ID: 7160428 DktEntry: 57
FILED
UNITED STATES COURT OF APPEALS DEC 11 2009
Respondents - Appellees.
Dr. Daniel Gottlieb’s motion for amicus curiae status and submission of an
v.
MEMORANDUM *
SHERIFF OF LOS ANGELES COUNTY;
et al.,
Respondents - Appellees.
Richard Fine appeals from the district court’s denial of his petition for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case: 09-56073 12/16/2009 Page: 2 of 3 ID: 7165909 DktEntry: 59-1
The district court correctly concluded that Los Angeles Superior Court
Judge Yaffe’s refusal to recuse himself from Fine’s contempt proceedings was not
also Jones v. Ryan, 583 F.3d 626, 636 (9th Cir. 2009) (de novo review). A judge’s
constitutionally tolerable.” Caperton v. A.T. Massey Coal Co., 129 S. Ct. 2252,
2257 (2009) (citation and quotation omitted). Fine asserts that Judge Yaffe was
Caperton, Judge Yaffe’s receipt of these benefits did not give him a “direct
personal, substantial, pecuniary interest” in the matter. Id. at 2259 (citing Tumey v.
Ohio, 273 U.S. 510 (1927)). Nor was Judge Yaffe so “personally embroiled” that
he could not preside impartially. Crater v. Galaza, 491 F.3d 1119, 1132 (9th Cir.
2007). Fine’s argument that he “exposed” Judge Yaffe for receiving “criminal
continue to receive supplemental benefits from the county or court then paying the
benefits.” See Cal. Gov. Code § 68220; see also Sturgeon v. County of L.A., 84
2
Case: 09-56073 12/16/2009 Page: 3 of 3 ID: 7165909 DktEntry: 59-1
AFFIRMED.
3
Case: 09-56073 12/16/2009 Page: 1 of 5 ID: 7165909 DktEntry: 59-2
Judgment
• This Court has filed and entered the attached judgment in your case.
Fed. R. App. P. 36. Please note the filed date on the attached
decision because all of the dates described below run from that date,
not from the date you receive this notice.
Petition for Panel Rehearing (Fed. R. App. P. 40; 9th Cir. R. 40-1)
Petition for Rehearing En Banc (Fed. R. App. P. 35; 9th Cir. R. 35-1 to -3)
(4) Form & Number of Copies (9th Cir. R. 40-1; Fed. R. App. P. 32(c)(2))
• The petition shall not exceed 15 pages unless it complies with the
alternative length limitations of 4,200 words or 390 lines of text.
• The petition must be accompanied by a copy of the panel’s decision being
challenged.
• An answer, when ordered by the Court, shall comply with the same length
limitations as the petition.
• If a pro se litigant elects to file a form brief pursuant to Circuit Rule 28-1, a
petition for panel rehearing or for rehearing en banc need not comply with
Fed. R. App. P. 32.
Attorneys Fees
• Ninth Circuit Rule 39-1 describes the content and due dates for attorneys
fees applications.
• All relevant forms are available on our website at under Forms or by
telephoning (415) 355-7806.
BILL OF COSTS
Note: If you wish to file a bill of costs, it MUST be submitted on this form and filed, with the clerk, with proof of
service, within 14 days of the date of entry of judgment, and in accordance with 9th Circuit Rule 39-1. A
late bill of costs must be accompanied by a motion showing good cause. Please refer to FRAP 39, 28
U.S.C. § 1920, and 9th Circuit Rule 39-1 when preparing your bill of costs.
Cost Taxable
REQUESTED ALLOWED
under FRAP 39,
Each Column Must Be Completed To Be Completed by the Clerk
28 U.S.C. § 1920,
9th Cir. R. 39-1
No. of Pages per Cost per TOTAL No. of Pages per Cost per TOTAL
Docs. Doc. Page* COST Docs. Doc. Page* COST
Excerpt of Record $ $ $ $
Opening Brief $ $ $ $
Answering Brief $ $ $ $
Reply Brief $ $ $ $
Other** $ $ $ $
TOTAL: $ TOTAL: $
* Costs per page may not exceed .10 or actual cost, whichever is less. 9th Circuit Rule 39-1.
** Other: Any other requests must be accompanied by a statement explaining why the item(s) should be taxed
pursuant to 9th Circuit Rule 39-1. Additional items without such supporting statements will not be
considered.
I, , swear under penalty of perjury that the services for which costs are taxed
were actually and necessarily performed, and that the requested costs were actually expended as listed.
Signature
("s/" plus attorney's name if submitted electronically)
Date
Name of Counsel:
Attorney for:
Clerk of Court
Respondents - Appellees.
Statements” is DENIED.
Case: 09-56073 02/10/2010 Page: 1 of 1 ID: 7226626 DktEntry: 66
FILED
UNITED STATES COURT OF APPEALS FEB 10 2010
Respondents - Appellees.
The panel has voted to deny Appellant’s petition for panel rehearing. Judge
Reinhardt and Judge Wardlaw have voted to deny Appellant’s petitions for
rehearing en banc, and Judge Trott so recommends. The full court has been
advised of the suggestions for rehearing en banc and no active judge has requested
a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petitions
for rehearing en banc are denied. No further motions shall be entertained in this
appeal.
IT IS SO ORDERED.
Case: 09-56073 02/12/2010 Page: 1 of 1 ID: 7231563 DktEntry: 68
FILED
UNITED STATES COURT OF APPEALS FEB 12 2010
Respondents - Appellees.
Petitioner - Appellant,
D.C. No. 2:09-cv-01914-JFW-CW
v. U.S. District Court for Central
California, Los Angeles
SHERIFF OF LOS ANGELES
COUNTY; et al., MANDATE
Respondents - Appellees.
The judgment of this Court, entered December 16, 2009, takes effect this
date.
This constitutes the formal mandate of this Court issued pursuant to Rule
Molly C. Dwyer
Clerk of Court