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Case: 17-1381 Document: 00117221187 Page: 1 Date Filed: 11/14/2017 Entry ID: 6131625

IN THE UNITED STATES COURT OF APPEALS


FOR THE FIRST CIRCUIT

)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK NA, et al )
)
Defendants/Appellees )
)

APPELLANT MOTION TO FIND UNNECESSARY JUDICIAL DELAY RE:

EMERGENCY INJUNCTION REQUEST FILED OCTOBER 1, 2017

Disclosure Statement of the Appellant - The Appellant, Mohan A. Harihar who has been

wrongfully FORCED to represent himself as a pro se litigant, respectfully prefaces this

MOTION with the following Disclosure statement:

The gravity of serious legal issues addressed within in this Appeal, its lower Court Docket, and

in the RELATED litigation against THE UNITED STATES,1 include (but are not limited to)

evidenced allegations of TREASON under ARTICLE III, Section 3 of the Constitution,

Economic Espionage pursuant to 18 U.S.C. 1832 and are believed to impact matters of

National Security. Therefore, copies of this filed MOTION are sent via email, social media

1
The related Appeal references HARIHAR v. THE UNITED STATES, Appeal No. 17-2074,
(Also, lower court Docket No. 17-cv-11109).
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and/or certified mail to: The Executive Office of the President (EOP), the US Inspector

General - Michael Horowitz, US Attorney General - Jeff Sessions, members of the US

Senate and House of Representatives, the House Judiciary Committee, House Oversight

Committee and to the Federal Bureau of Investigation (FBI). A copy will also be made

available to the Public. THEREFORE, ALL AMERICANS serve as WITNESS to these

evidenced acts of misconduct (alleged). Parties are additionally informed for documentation

purposes, and out of the Appellants continued concerns for personal safety/security.

COMES NOW the Appellant, who necessarily files this Motion to find unnecessary judicial

delay after his EMERGENCY MOTION filed on October 1, 2017 has yet to even be

addressed SIX WEEKS LATER. The emergency motion called for an injunction to address the

CONTINUED IMBALANCE OF HARDSHIPS as it relates to 1.) Housing,

2.) Transportation, 3.) Properly exercising judicial discretion by finally assisting with the

appointment of counsel and 4.) The reimbursement of accruing legal fees. No corrective action

has been taken by the Court, and as of November 1, 2017, Mr. Harihar - who this Court has

recognized as indigent, was unnecessarily forced to enter into a third (3rd) 12-month lease on a

one-bedroom apartment instead of rightfully being in his own home.2

This continued IMBALANCE of HARDSHIPS weighing heavily in favor of the Appellant is

UNACCEPTABLE. By continuing to delay corrective action here, the Court has added to the

evidenced arguments supporting continued acts made in BAD FAITH against this Appellant.

The resulting impact of these BAD FAITH acts (at minimum): 1.) Causes increased hardship

2
The Appellant references his ILLEGALLY FORECLOSED residential property, as identified
by the Department of Justice AND Appellees Martha Coakley and Commonwealth of
Massachusetts, located at 168 Parkview Ave, Lowell, MA 01852.
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to an already indigent Appellant; 2.) Continues to critically damage the Appellants

Intellectual Property/Trade Secret; and 3.) Continues still to damage the intended (and

substantial) economic benefit to the United States.3 The referenced bad faith actions and counts

of judicial misconduct are well documented in this Appeal, in the related lower court Docket No.

15-cv-11880, and in the related litigation HARIHAR v. THE UNITED STATES, Appeal

No. 17-2074, and lower court Docket No. 17-cv-11109.

Per 28 U.S. Code 2412 (c)(2) - Any judgment against the United States or any agency and any

official of the United States acting in his or her official capacity for fees and expenses of

attorneys pursuant to subsection (b) shall be paid as provided in sections 2414 and 2517 of this

title, except that if the basis for the award is a finding that the United States acted in bad faith,

then the award shall be paid by any agency found to have acted in bad faith and shall be in

addition to any relief provided in the judgment.

The Appellant respectfully reminds the Court that JURISDICTION here remains an issue.

Circuit Judges - Torruella, Kayatta, Barron, Thompson, and Chief Justice Howard are

considered to have lost jurisdiction and are no longer allowed to rule in this litigation. Any

attempt to do so will be interpreted by the Appellant as an incremental act(s) of Treason under

ARTICLE III. Already, evidenced claims of TREASON (one (1) count each) have been

brought to the attention of the President against Judge Kayatta and Chief Justice Howard.

3
The referenced Economic benefit to the United States is tied to the Appellants Intellectual
Property/Trade Secret protected under the Economic Espionage Act, known as the
HARIHAR FCS Model.
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SHOULD this Court finally initiate corrective action with regard to the requested relief, it will

certainly be taken into consideration moving forward.

CONCLUSION

The Appellant respectfully re-states to this Court the following: Before any decision here is

rendered, jurisdiction must first be re-established. Upon doing so, based on the reasons stated

within and consistently throughout the record, the Appellant stands by his DEMAND for this

Court to finally:

1. Correct prior erred judgements by granting the injunctive relief that re-establishes

a proper balance of hardships as it pertains to housing and transportation. Total

Updated Housing and Transportation Accrual (estimated) is $140,731.26. Please note

there will STILL remain a gap as it pertains to housing that will need to be

addressed in order to re-establish the status quo;

2. Assist the Appellant with the Appointment of Counsel, pursuant to 28 U.S.C.

1915;

3. Grant the Reimbursement of Legal Fees as stated. The updated accrual of Total

Legal Fees charged (estimated) thru week ending 11/18/17 is $5,440,000;

4. Assess Treble damages for acts shown to have been made in Bad Faith, bringing

the total due to the Appellant - $16,742,193.80 (If received on or before November

18, 2017).

5. Determine the percentage of liability between each of the Appellees/Defendants

and The United States.


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For documentation purposes, after sending a copy of this document to the President, the email

from The White House confirming receipt is attached (See Attachment A) with the filed Court

copy. If there is a question regarding ANY portion of this Motion, the Appellant is happy to

provide additional supporting information upon request, in a separate hearing and with the

presence of an independent court reporter.

Respectfully submitted this 14th Day of November, 2017.

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
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Attachment A
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Case: 17-1381 Document: 00117221187 Page: 8 Date Filed: 11/14/2017 Entry ID: 6131625

CERTIFICATE OF SERVICE

I hereby certify that on November 14, 2017 I electronically filed the foregoing with the Clerk of
Court using the CM/ECF System, which will send notice of such filing to the following
registered CM/ECF users:

Jeffrey B. Loeb
David Glod
David E. Fialkow
Kevin Patrick Polansky
Matthew T. Murphy
Kurt R. McHugh
Jesse M. Boodoo

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com