10-361 1 1

TINITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

ROBERTA KELLY, Pro Se, PlaintiffAppellant

v.
CITY OF PORTLAND, OREGON; et al., Defendants-Appellees.

U.S.D.C. No. 3:09-cv-00125-KI I Oregon I Portland Division

pRo sE PLATNTIFF-APPELLANT'S EMERGENCY [F.R.A.P 35 ll RULE, 40J, rO trILE A

MOTIONTOTNTERVENE@,
MOTION FOR AN EXTENSION OF TIME;
MOTION FOR A DECLARATION AND APPOINTMENT OF EXPERT COUNSEL,
TO BE FILED IN REPRESENTATION OF THE COMPLEXITY;
RE. PETITION FOR REHEARING EN BANC AND REQUEST FOR ORAL ARGUMENT,
B. FLETCHER, REINHARDT, N. R. SMITH,
CIRCUIT COURT JUDGES' DISMISSAL ORDER FILED JANUARY ] 3, 201 ], ] 0-361 ] 1 ;
ETC.; AND ALSO, REQUESTING ONCE AGAIN, THE NINTH CIRCUIT COURT OF APPEALS
TO CONSIDER ALL MOTIONS FILED

EMERGENCY [F.R.A.P s5 ll RULE, 40J

In Pro-Se Plaintiff-Appellant's understanding, the final judgment from Federal Judge Garr M.

King, U.S.D.C. No. -3:09-cv-00125-KI, must be forthcoming before the Ninth Circuit Court of Appeals,

can be considered as having jurisdiction over the case. Pro-Se Plaintiff-Appellant confesses to a slow

but, oncoming blindness and thus, emergency civil rights' connected to a crises in the humanitarian

circle of life.

Please reference the enclosed filing: U.S.D.C. No. 3:09-cv-00125-KI, Januaryt 14, 2011. The

cases of D.C. 3:08-cv-00421-AC I Oregon I Portland, No. 10-36'144; arrd,10-361 11; MOTION TO

INTER'|/ENE, per the complexity.

Respectfully submitted by way of Certified Mail 7009 0080 0001 3557 7893, this 15rH day of

January,20lI,

Roberla Kelly P r o - S e P I aintiff App el I ant

1 - Jan. 15, 2011- 10-361 11 ; Roberta Kelly 5109 NE Ainsworth ST Portland OR 97218
 CERTIFICATE OF SERVICE

I, Roberla Kelly, Pro-Se Plaintiff-Appellant hereby certify that I caused to be served a

true copy of the PRO SE PLAINTIFF-APPELLANT'S EMERGENCY [F.R.A.P 35 ll RULE,
40J, ro FrLE A MorroN To TNTERVENE@; MorroN FoR AN
EXTENSION OF TIME; MOTION FOR A DECLARATION AND APPOINTMENT OF
EXPERT COUNSEL, TO BE FILED IN REPRESENTATION OF THE COMPLEXITY,' RE.'
PETITION FOR REHEARING EN BANC AND REQUEST FOR ORAL ARGUMENT, B.
FLETCHER, REINHARDT, N. R. SMITH, CIRCUIT COURT JUDGES' DISMISSAL ORDER
FILED JANUARY 13, 2011, 10-36111; ETC.; AND ALSO, REQUESTING ONCE AGAIN, THE
NINTH CIRCUIT COURT OF APPEALS TO CONSIDER ALL MOTIONS FILED, as follows:

ixl Mailing 7009 0080 0001 3557 7893, certified post, with the Clerk of the Court for the
United States Court of Appeals for the Ninth Circuit at the James R. Browning
Courlhouse, U.S. Court of Appeals 95 Seventh Street, San Francisco, California94103-
1526, an original copy.

On the same day I served a true copy of the same to the defendants' [and, or]
representative(s),

|Xl E-mail transmission fand regular mail],

. Govemor John Kitzhaber

POB 4593
Portland, Oregon 97208

2236 S.E.1OrH Ave.

Porlland, Oregon 972t4

. Linda Meng, City Attorney J. Scott Moede, Sr. City Attorney

. Commissioner Randy Leonard

DATED this 15rH day of January,20ll,

Roberla Kelly

2 - Jan. 15, 2011- 10-361 11 ; Roberta Kelly 5109 NE Ainsworth ST Portland OR 97218
Roberta Kelly, pro se
roberta @mort ga ge ga leri a.com F:li:|.lil'i1 i 14,: :{$=r,i.t$_.+j,q,.F
5i09 NE Ainsworth Street
Portland, OR 9721 8-1 826
Telephone: 503 -849 .4634

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

Roberta Kelly, Civil Case No. 09-1125-KI

Plaintiff, 1 oJ6 1 441 u.s. NINTH cIRCUrr
t

APPEALS
V.

CITY OF PORTLAND, OREGON,

RONALD FRASHOUR AND STEVE
STAUL,

Defendants. OBJECTION

The.fotlowing transaction was entered on 1/4/2011 at l2:40 PM PST andfiled on

l/4/2011 Case Name, Ketty v. City o.f Portland, Oregon et al, Case Number: 3:09-cv-01125-KI,
Document Number; 140(No document attached) Filer: Docket Text: Order - Setting a
Telephone Conference to discuss tlte status of the casefor I/25/2011 at I L'30AM. The Court will
initiate the call. Ordered by Judge Garr M. King. (mja)

INTRODUCTION

On November 8, 2010, Judge Garr M. King invited to receive and review as though

preparing for trial, Plaintiff Pro Se Roberta Kelly's file: evidence produced, the entire transcripts

of the trial at the state level where [renown] criminal attorney, Steve Houze represented Kelly in

Judge You Lee You's Court, fRoberta Kelly, fully acquitted of false arrest on April 1, 2008].

On November 10, 2010, Judge Krngfrom the bench awarded a summaryjudgment in an

OPINION AND ORDER, dismiss . . . except excessive ttse offorce . . . Frashour .l

rDocument 136, Filed llll0lI0

page 1 - 01.14.11 | 0e-112s-KI tr-36fi]
 On December 10, 2010, an Appeal was filed in the Ninth Circuit Court: 10-36144.

In Decemb er 2010, Kelly in speaking with Robert Seaver, he spoke revelations regarding

the Portland Police Bureau [PPB], the City Attomey's Office and the Courls in the City of

Portland, State of Oregon. Robert Seaver, former PPB Ofhcer and criminal paralegal for the

County of Multnomah, State of Oregon, etcetera. Mr. Seaver for more than three [3] years

brought to the attention of the leaders in the City and State, the Nazi culture of corruption. An

Oregon State Bar complaint, filed against the City Attomey, et al. MarkKruger, Portland Police

Chief and fundercover] Nazi cultist practicing, openly, in the City, County, and State.

In the Ninth Circuit, filings have been produced such as Motion Appointment, Expefi

Counsel and the Pauper Request To Proceed so transcripts and other important due process can

be obtained, Pro Se Plaintiff Kelly recognizes the complexity.

There has been deliberate protection of Nazi cultist Police Chief, Officer employed

through the PPB, Mark Kruger, in-by-through the City Attorney's Office, et al. in the State of

Oregon, County of Multnomah and City of Portland, in Plaintiff Kelly's understanding.

Furlhermore, in Plaintiff Kelly's understanding upon speaking with Robert Seaver, the culture of

corruption lMark Kruger, Ronald Frashour, III, et al.)partrcipated in Top Off lrecognized as a

deliberate anti-constitutional drill, rumored, Nazi]. Frashour's deposition proves Top Off was

indeed a participatory function for him fAugust 11, 2010].

James Chasse. Mr. Roberl Seaver explained street justice is not only common but, it is

the just standard operating practice(s) of the PPB. And, followed through, in, as no justice in

our U.S. Constitution's protection: street - to - from the bench.

Again, depositions of Officers Staul and Frashour, III, on August 10, and 11, 2010, on

audio the two 12] Portland Police who take an oath to protect the U.S. Constitution: stipulate

Page2- 01.14.11 | o9-112s-KI @l

that, they have no clue about it. Mr. J. Scott Moede, Sr. City Attorney was present at the

depositions, taken in the courtroom jury room of Judge King'

Mr. Seaver's openness lblowing the whistle] to the Attorney General, Office of the

Mayor, and filing the Oregon State Bar Complaint, forced his family and him, into hiding. Death

threats - the cult is in the whole of America. Proof of it continues to surface. Secret police are

more powerful than our Bill of Rights and the money running the secret systems do indeed appear

in totalitarian control.

FACTS

This case arose when Plaintiff Roberta Kelly, repeatedly, blew the whistle on the housing

bubble tsunami. The alarm to Kelly was from Walker F. Todd, former attorney for the Federal

Reserve Bank in Ohio. D. Lawrence Olstad [Olstad], formerly a practicing prosecuting attorney

for the State of Oregon, believed Kelly to be in need of common sense teaching by his once upon

a time police friends. Olstad's attorney friends agreed, an intervention by the police to address

lhe wacko internet, could serve to calm Kelly's nerves of the police state and coming financial

collapse.

On September 22,2007, in Vancouver, Washington, while preparing to sell the home of

Kelly's deceased mother fpassed on August 26,2007f, Olstad and Kelly argued about I(elly

attending a workshop, meeting with Ellen Hodgson-Brown, JD.2 Ms. Brown, a witness, Ms.

Brown and Plaintiff were to discuss the publication of The Web of Debt, in fine-art cartoon form.

The false arrest on September 22,2007, caused breaches in multiple contracts. I(elly did

not attend the Chicago workshop, due to a false arrest.

Olstad was bleeding and had been, as he said: like a stuck pig. The class of intellectuals

2http
://www.webofdebt.com/articles/
page 3 - 01.14.1 I I 09-1 12s-KI fG3614?
who subscribe to the Nation Magazine appear to be courageous about ordering and ingesting

products labeled whatever the chemical companies can imagine, to sell in the free market. Olstad

was taking a HGH fsupposedly a plant formula], for vitality. The behavior was spookily familiar

in a hyper-ventilation personality, blood gases toxic, therefore, Kelly was going to have the

product analyzed.

Olstad telephoned the Vancouver Police, a9-I-1, call. Olstad had delivered and

disbursed rocks from Home Depot fproof of this, sales ticket, etc.] for an elderly neighbor,

Florence. Olstad's face was coloring into a purple and he suffered scratches from a small bush

where the rocks had to be put undemeath. Olstad was frustrated and extremely upset. Florence,

a witness.

Upon leaving Florence's and at Kelly's mother's, Olstad's 9-1-1, call, was reaction to a

heated discussion about the Chicago trip and some papers belonging to Larry. Nothing but, a

private argument thatLany believed calling the police to handle a dispute would end up 1970s

style, Olstad's last memory: friends with the police.

Plaintiff Kelly's thirly 130] year old son, Ryan Wilson, was house sitting in Vancouver at

Claudia Merritt's, our relative. Ryan suggested, go to the 5109 house in Portland, retrieve the

yellow toolbox and find the HGH. Take it to a lab and have rt analyzed Prove the science and

bring consciousness to the bleeding problem.

The Vancouver Police warned Kelly, when they arrived at the Balboa Dr. address, Olstad

appeared to be having some mental lack of clarity, suffering a panic attack. Therefore, in the

event 9-1-1, was dialed again, Kelly must also call regarding the domestic dispute.

In Portland, Oregon, at 5109 N.E. Ainsworth Street, Olstad and Kelly argued over the

yellow toolbox and what Kelly believed to be HGH, a plant steroid causing bleeding ldrugsl.

page 4- 01.14.11 | 09-112s-Kr h0i61dl

The 9-1-1 calls were concluded by the time Steve Sultan Staul, joined Olstad and Frashour, III
outside in the front of the house.

Olstad cited Staul the law regarding probable cause.

Staul arrested Olstad for exercisingthe Bill of Rights.

Olstad was awarded a substantial claim against Staul and Frashour in arbitration and

Judge King is well aware of the false arrests by Staul and Frashour, on Olstad and Kelly.

On January 29,2010, PPB Ronald Frashour, III: with an AR-15 fsophisticated rifle],

carefully aimed and execution style decided Aaron Campbell's life was a disposable conimodity.

Kelly firmly believes a jury trial in Portland, Oregon, regarding Ronald Frashour, III, can

cerlainly bring light to the Portland Police Bureau and the culture of coruuption. However, does

Plaintiff possess the capacity of orchestrating the power of equality? It does not appear judges

can, thus, Kelly atternpting this specialized service, hardly. And, fuilher, in the event Kelly was

the best lawyer in Portland, Oregon, the question cannot be resolved regarding Robert Seaver as

an expert witness: how does the Court protect the Seaver family, all to bring full transparency
-
and therefore, equal civil rights as protected in the U.S. Constitution? How can the Courts in

Portland, Oregon, insure to protect when citizens choose to do the right thing and blow whistles

such as on Nazi cults, etcetera AND absenteeism? The PPB proves that equality in the City of

Portland, State of Oregon and in the courts, may not be now or in the near future.

Submitted this 14rH Day of January,2OII.

Roberla Kelly

page 5 - 01.14.11 I 0e-112s-KI t10461d1

 CERTIFICATE OF SERVICE

I, Roberla Kelly, Plaintiff Pro Se hereby certify that I caused to be served a true

copy of the OBJECTION, in Civil Case No. 09-1125-KI, h0;61dlU.S. NINTH

CIRCUIT APPEALS, as follows:

I-J Mailing with post certified and/or prepaid; andlor,

[l Hand delivery andlor,
u Facsimile transmission; andlor,
|X] E-mail transmission

. Governor John Kitzhaber

POB 4s93
Portland, Oregon 97208

2236 S.E.10rFI Ave.

Por1land, Oregon 97214

. J. Scott Moede, Sr. City Attomey

. Commissioner Randy Leonard

DATED this 14rH day of January,20ll,

Roberta Keily

page 6 - 01.14.11 I 09-112s-KI h046M4]