Ipdate 03.17.10 Motion for Reconsideration in Cook v Good filed with the 11th Circuit Court of Appeals

Posted on | March 19, 2010 | 3 Comments

No. 09-14698-CC 

                           UNITED STATES COURT OF APPEALS

                                   FOR THE ELEVENTH CIRCUIT

                                           ____________________

                                      STEFAN FREDRICK COOK,

                                                Plaintiff-Appellant,

                                                               vs.

                                          WANDA L. GOOD; et al.,

                                             Defendants-Appellees.

                                              __________________

        Appeal from Final Judgment of the United States District Court,

                                         Middle District of Georgia,

                                              __________________

APPELLANT’S MOTION FOR RECONSIDERATION

          __________________

DR. ORLY TAITZ

ATTORNEY FOR APPELLANT

CSB #223433

29839 S. Margarita Pkwy.  Rancho Santa Margarita CA 92688

ph. 949-683-5411

fax 949-586-2082 

CERTIFICATE OF COMPLIANCE

          I certify that: The attached motion for stay is in compliance with the 11th Circuit Rule 27-1

Dated: March 17, 2010.                                                   Respectfully submitted,        

                                                                                          ________________

                                                                                                      ORLY TAITZ

                                                                                         Attorney for Appellant

CERTIFICATE OF INTERESTED PERSONS 

          In addition to the parties, Appellant certifies the following persons have an interest in this matter:

None.

Dated: March 17, 2010.                                                   Respectfully submitted,       

                                                                                          ________________

                                                                                                      ORLY TAITZ

                                                                                         Attorney for Appellant

CORPORATE DISCLOSURE STATEMENT

          Appellant is an individual and not a corporation.

Dated: March 17, 2010.                                                   Respectfully submitted,       

                                                                                          ________________

                                                                                                      ORLY TAITZ

                                                                                         Attorney for Appellant 

MOTION FOR RECONSIDERATION

          Pursuant to Federal Rules of Procedure Rule 27 and Eleventh Circuit Rule 27-2 Appellant requests the Court reconsider its order of February 26, 2010 due to an error of fact and law.

BACKGROUND

          This case was dismissed for lack of prosecution on November 24, 2009. Appellant thereafter filed a timely motion to reinstate and a proposed brief. The courts own electronic docket irrefutably shows timely electronic submittal. Counsel could not prosecute any earlier as her pro huc vice request was not granted earlier. On January 13, 2010, deficiencies were noted by the Clerk in the brief and Appellant notified and given an opportunity to make corrections, which were timely and properly done to the satisfaction of the clerk. Appellant filed a compliant brief on January 21, 2010. Inexplicably, the Motion to reinstate was denied with no reason provided.  Appellant seeks reconsideration of the order denying reinstatement.

ARGUMENT

          Circuit Rule 27-1(c)(11) vests the Clerk with the power to decide unopposed Motions to Reinstate subject to review by the Court. However, this discretion is not without limits.  Motions to Reinstate Appeals while discretionary are governed by Circuit Rule 42-3.

          Circuit Rule 42-3(e) states:

“Motion to Set Aside Dismissal and Remedy Default. An appeal dismissed pursuant to this rule may be reinstated only upon the timely filing of a motion to set aside the dismissal and remedy the default showing extraordinary circumstances, accompanied by the required brief and record excerpts.

Such a motion showing extraordinary circumstances, accompanied by the required brief and record excerpts, must be filed within 14 days of the date the clerk enters the order dismissing the appeal. The timely filing of such a motion, accompanied by the required brief and record excerpts, and a showing of extraordinary circumstances, is the exclusive method of seeking to set aside a dismissal

entered pursuant to this rule. An untimely filed motion to set aside dismissal and remedy default must be denied unless the motion demonstrates extraordinary circumstances justifying the delay in filing the motion, and no further filings shall be accepted by the clerk in that dismissed appeal.”

          Appellant complied with Circuit Rule 42-3(e) but the motion nonetheless was denied.  A review of published decisions involving denial of reinstatement of appeal by the 5^th and 11^th Circuits reveals that most reinstatements were denied due to escape by criminal defendants. See for example United States v. Rosales, 13 F.3d 1461(11^th Cir. 1994).  In the few decisions involving civil cases, excusable neglect has been found adequate reason to permit reinstatement when there has been no prejudice to other parties. See Marcaida v. Rascoe, 569 F.2d 828 (5^th Cir. 1978) wherein the Clerk’s decision to deny reinstatement was overturned by this Court’s predecessors in the 5^th Circuit based on previous practice in that Circuit. Court’s denial of the reinstatement shows bias against the plaintiff/appellant, who happens to be an officer of the US military, who was subjected to retaliation due to the fact that he spoke up about the current president Barack Hussein Obama not being legitimate for presidency and being involved in the social security fraud by virtue of his use of multiple social security numbers, none of which was issued in the state of HI. This court’s refusal to reinstate this case, in light of the fact that the counsel has filed the proper brief and motion electronically, the moment she got proper pro hac vice right to do so from this very court, and within the 14 days as allowed, not only shows bias on part of the court, but also suggests that this court is using its power to dismiss the appeal in a case of the sitting president involved in activity, such as elections fraud, social security fraud, is done   with improper purpose of aiding and abetting the current President in felonious fraud violation of the civil rights of the plaintiff under the color of authority. No one is immune from prosecution for aiding and abetting criminal activity, misprision of felony and subornation of crimes: not the sitting President (as evidenced by the Watergate investigation), not appellate court judges and not the clerks of the Court of Appeals. Additionally, the counsel in this case Dr. Orly Taitz, ESQ is a candidate on the ballot, running for the position of the Secretary of State of the State of California.  The one word decision to deny the appeal without any explanation or justification only adds wood to the fire of hate crimes committed against the counsel, as well as against her whole family and her three children, as they all are subjected to death threats, insults, intimidation, harassment, tampering with her car and other hate crimes. The situation became so bad, that it necessitated an official appeal and request for protection from the UN Committee for Civil rights defenders in Geneva, Switzerland.

The court of law is about substance. Substance trumps form. The underlying case, is a case of the District judge Clay D. Land overstepping his judicial discretion in dismissing the underlying case of US army officer Stefan Cook who brought  incriminating evidence about the sitting president, whereby the sitting district judge abused his discretion and improperly dismissed the case, as well further abused his discretion in a related case of Rhodes v Macdonald in not only improperly dismissing the case, but  also in an attempt to intimidate the under signed counsel by improperly assessing sanctions and trying to pressure the under signed counsel into silence. In regards to the substance of the underlying case, it is one of the most important cases in the Nation today, possibly in the US history, as it relates to the criminal activity committed by one who got into the position of US Presidency, based on such activity. There was no violation of form, motion for reinstatement was properly filed within 14 days, it was filed with the Appellate Brief electronically. Even if there was a minor procedural error in the form of the filing, it is so minuscule in comparison to the magnitude of the crimes committed, in comparison with substance of the case, that denying an appeal on such minor procedural error, whatever it might be (no explanation was provided in the one word order “Denied”), is criminal in itself.       

          Therefore, Appellant respectfully requests the Court review the Clerk’s decision in the matter and reinstate this appeal.  Further, Appellant requests the Court consider the attached exhibits which indicate a pervasive pattern of persecution of Appellant’s counsel in the context of the subject of the Appeal.

                                                                                    DATED: March 17, 2010                                                                                                                            

                                                                                        Respectfully submitted,                          

                                                                         __________________________

                                                                                                                                  Orly Taitz for Appellant

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the:

APPELLANT’S MOTION FOR STAY

Was served by MAIL AND ELECTRONIC MAIL on March 17, 2010, on the following parties:

Rebecca Elaine Ausprung

U.S. Army Litigation Division

901 North Stuart Street Suite 400

Arlington, Virginia 22203

Email: ebecca.ausprung@us.army.mil Fax: 703-696-8126

Hugh Randolph Aderhold, JR

Assistant US Attorney

P.O. Box 1702

Macon, Georgia 31202-1702

Randy.Aderhold@usdoj.gov

On this 17th day of March, 2010, which will provide service to all parties.

I declare under penalty of perjury of the laws of the United States that the foregoing is

true and correct.

Dr. Orly Taitz, Esq

Exhibit

Criminal Complaint filed with the Registrar of Voters, Orange County CA

Dr. Orly Taitz ESQ

29839 Santa Margarita Pkwy, ste 100

Rancho Santa Margarita CA 92688

03.12.10

Attention

Mr. Neal Kelley

Registrar of Voters, Orange County CA

Via e-mail to Neil.Kelley@rov.ocgov.com

Via fax 714-567-7556

             714-567-7627

Via mail

Registrar of voters

1300 South Grand Avenue, Bldg C

Santa Ana, CA 92705

 Criminal Complaint regarding voter fraud and elections fraud committed by Mr. Damon Dunn, registered voter in Orange County, CA, and a Candidate for the position of the Secretary of State on the ballot  for the Republican Primary in Orange County, CA based on CEC §8001 (a)(2), CEC §18203, §18500.

 Criminal Complaint regarding voter intimidation as well as intimidation of the Candidate on the Ballot Dr. Orly Taitz, ESQ, as well as intimidation and harassment of children of Dr. Taitz  in an effort to pressure Dr. Taitz to withdraw her candidacy from the race for the Secretary of State of CA.

Dear Mr. Kelley,

My name is Dr. Orly Taitz, ESQ. I am a candidate on the ballot for the June, 8, 2010 Republican primary, running for the position of the Secretary of State of CA.

I demand immediate investigation of the following troubling events and suspected criminal activity:

1. In November of 2009 Mr. Damon Dunn has officially  declared his candidacy for the position of the Secretary of State of California, and his desire to run as a Republican Candidate in June 8 2010 election. Per §8001(a)(2) he could not be affiliated with any other party  for 12 months prior to his official declaration of candidacy.
2. About 6 months prior to his declaration of candidacy, in March of 2009 Mr. Dunn has registered as a Republican voter in Orange County CA. Question 16 of the voter registration card specifically asks whether the voter was registered before, in which County, which State and which Party affiliation. Mr. Dunn did not put down any information and it appeared as if he was never registered to vote before, that he was never affiliated with any other party, and therefore he is eligible to run as a Republican candidate in the next election. None of this was true.
3. Please, see Exhibit A an excerpt from the Stanford Scout, stating that Mr. Dunn was registered to vote before.
4. Please see the following link https://74.125.155.132/search?q=cache:gQYwJc4qldIJ:blogs.ocweekly.com/navelgazing/the-hilarious-haters/orly-taitzs-claims-about-damon/+ocweekly,+dunn&cd=1&hl=en&ct=clnk&gl=us

from OC Weekly which quotes Sacramento Bee  as well as Damon Dunn’s own spokesperson, Hector Barajas, confirming that Mr. Dunn indeed previously registered to vote in
Jacksonville, Duval County, FL, and he registered there as a Democrat. Mr. Barajas has tried to justify Mr. Dunn’s behavior by saying that he was snagged by motor-voter registration drive, however such excuse does not exonerate Mr. Dunn’s behavior. Mr. Dunn is not a minor child. He is an adult who wants to be the Secretary of State of California, a state with population of over 30 million. He wants to be in charge of the whole voting process of the state. His behavior in intentionally omitting his prior voter registration and registration with the opposing party constitutes fraud of the Republican party voters, registrar of elections and California voters in general.  CEC §18203 states “Any person who files or submits for filing a nomination paper or declaration of candidacy knowing that it, or any part of it, has been made falsely is punishable by fine not exceeding one thousand dollars ($1,000) or by imprisonment in the state prison for 16 months or two years or three years or both the fine and imprisonment”. Additionally CEC §18500 states “Any person who commits fraud and any person who aids and abets fraud or attempts to aid and abet fraud, in connection with any vote cast, to be cast, or attempting to be cast, is guilty of felony, punishable by imprisonment for 16 months or two years or three years”.

It is imperative for you Mr. Kelley and for the District Attorney of Orange County Mr. Tony Rackauscas , as well as the Secretary of State Ms. Debra Bowen to act in this manner, as inaction will constitute aiding and abetting fraud in election punishable by 12ֲ§’> 18500. 

1. Please see Exhibit B, an e-mail response from the Duval County FL registrar of voters, verifying that Mr. Dunn   was registered as a Democrat and did not change his party affiliation.
2. Fraud committed was material, as it went to the core of eligibility.
3. I personally have been hit by a barrage of insults and assaults coming from a number of  Marxists Left Wing publications such as Politijab, Politico, Huffington Post, Washington Independent, OC Weekly,Daily Beast which only confirms the fact that Mr. Dunn is really a Democrat trying to fraudulently run on a Republican ticket in order to prevent a Bona fide Republican from running against a Democrat Debra Bowen in the General election, as all of these Marxist publications attacked me, while praising Dunn. Mr. Dunn’s quote of considering Barack Obama as one of his heroes seems to support this assertion as well.
4. I receive nearly daily death threats. I preserved a recording of phone message, where I was told “best thing you can do for America, is slid your wrists, you fucking bitch”. I will be willing to submit the recording and my cell phone to the law enforcement for verification. Sometimes threats and lute messages are recorded and I am being called on my cell phone every minute or every two minutes and those messages are played continuously.
5. I received death threats on my web site OrlyTaitzesq.com. One of them stated “I will shoot you myself and burn your body for the whole World to see.” Shortly thereafter there was a warning signal in my car, I took the car to Mission Viejo Motors, where I was shown that someone removed a clasp and disconnected a fumes emissions hose, whereby hot combustible fumes went back to my car, while I was riding with my 3 children.
6. In and around March 10-March 11, right before the registration deadline for the Republican primary, my three children have received horrible, despicable, threatening and vial e-mails, where they were intimidated   with the statement like “your mum will be taken to prison or mental institution”. They also received absolutely despicable paintings made by some deranged “artist”. This artist made a whole series of paintings under the title Birther Orly Taitz (referring to my legal actions to uncover original birth records of Barack Obama), where I was painted absolutely nude, with my legs spread, holding a bloody placenta, with blood gushing from it and pouring between my legs. These e-mails were clearly sent with the intent to cause severe emotional distress to my children and to me and with an attempt to harass my whole family, and to intimidate me into dropping out of the race for the Attorney General. While the e-mail was signed as coming from Damon Dunn, I actually don’t believe that Mr. Dunn personally sent these e-mails. I believe these e-mails were sent by his supporters or by supporters of Mr. Obama, as I currently have an active legal action  in the Washington DC Taitz v Obama 10-cv-151-RCV.   In this case I provided information and affidavits from licensed investigators (Exhibits G and F) showing Mr. Obama has used multiple social security numbers belonging to deceased individuals, as well as numbers that were never assigned. As a matter of fact Social security number 042-68-4425 that Mr. Obama is currently using, while residing in the White House, is a number fraudulently obtained, as first three digits of the social security number relates to the state. 042 signify state of CT, Obama never resided there, and it was verified that this number was indeed assigned in Ct to an individual born in 1890.  Additionally, Obama refused to unseal his original birth certificate, which is supposed to show the name of the attending physician, name of the US hospital where he claims to be born, as well as signatures of parties witnessing the birth.  So far secretary of State Bowen refused to demand any vital records from Obama, and all the legal actions by individual plaintiffs were not heard on the merits, as the judge claimed that individuals had no standing. If I become Secretary of State, I will demand proper original vital records from Obama. While some of the personal information of my children will be redacted, the body of this criminal complaint will be made public and will be posted on my web site orlytaitzesq.com as well as the site for OrlyTaitzForSecretaryOfState.com .org .us .net on OrlyTaitz4secOfStateCA and it will be sent to some 36,000 media outlets around the world in order to secure transparency of the voting process and accountability of law enforcement.  As of late voter fraud and voter intimidation as well as candidate intimidation was investigated and prosecuted only, as it related to minorities and liberal Democrat voters and candidates. I believe it   is time to investigate and prosecute horrific voter fraud and intimidation and harassment of Conservative Republican candidates and their families, which is the case at hand.

Wherefore:

Based on the information provided in the above criminal complaint

1. I demand removing Mr. Dunn from the ballot as inelligible to run in the Republican party primary.

2. I demand criminal investigation of the voter fraud, elections fraud as well as voter intimidation and investigation of the intimidation of the family of the candidate.

3. I demand to forward all of the above information to the District Attorney of Orange County, CA Tony Rackauscas, secretary of State Deborah Bowen, as well as US attorneys for criminal matters for the central District of CA Mr. Brent Sabel and Mr. Ken Julian, who investigated and successfully obtained criminal conviction in previous case of public corruption of a High Rank politician and public official Sheriff of OC Mike Caronna.

Sincerely,

Dr. Orly Taitz, ESQ

Exhibit A

Excerpt from Stanford.Scout

 https://stanford.scout.com/2/936969.htm

“On non-football topics, Dunn speaks in excited and vibrant tones. Diverse political heroes include Martin Luther King, Barack Obama and Governor Pete Wilson. He remains a political novice, having never run for office previously. He first registered to vote as a Democrat a decade ago but never actually went to the polls until May of 2009”

Exhibit B

E-Mail Response from Duval County  FL, verifying that Damon Dunn never changed his affiliation from Democrat to Republican

—–Original Message—–
From: Gen Rajska [mailto:rajska7@gmail.com]
Sent: Wednesday, March 10, 2010 11:46 PM
To: Holland, Jerry
Subject: Registration is Public Record

Dear Sir:

May we know the party affiliation of a certain Damon J. Dunn.  He was
known as a Democrat, but he claimed to have switched to Republican.

Do we have any record that he changed to Republican?  If we, when did he
do it?

Thanks for any information.

Very truly yours,

Felicito Papa
Reply
       
Forward
       
       

Reply

|
Holland, Jerry
to me
   
show details 9:07 AM (3 hours ago)
   
Good morning,
In further response to your questions Mr. Dunn was registered as a
Democrat and we do not show any change of party.
Thank you,
Jerry Holland
Exhibit C

Orange County CA Voter Registration form for Mr. Damon Dunn

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