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US SUPREME Court Ask To Enforce Ministerial Rule
Pierre-Richard Augustin, MPA, MBA
Private Attorney General, Ex Rel
3941 Persimmon Drive, #102
Fairfax, VA 22031
T: 617-202-8069
hdmhos@aol.com
July 20, 2011
“Our justice system is not perfect. However, when New evidences
are presented, the will to do good must prevail over the status quo”
1. Clerk of Court, Fernando Galindo
Albert V. Bryan U.S. Courthouse
401 Courthouse Square
Alexandria, VA 22314
2. Chief Judge William B. Traxler, Jr.
U.S. Court of Appeals for the Fourth Circuit
1100 East Main Street, Suite 501
Richmond, VA 23219
3. Honorable John G. Roberts, Jr.,
Chief Justice of the United States
Supreme Court of the United States
1 First Street, NE, Washington, DC 20543
4. Honorable Antonin Scalia, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
5. Honorable Anthony M. Kennedy, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
6. Honorable Clarence Thomas, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
7. Honorable Ruth Bader Ginsburg, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
8. Honorable Stephen G. Breyer, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
9. Honorable Samuel Anthony Alito, Jr., Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
10. Honorable Sonia Sotomayor, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
11. Honorable Elena Kagan, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
12. Magistrate Judge Ivan D. Davis
Albert V. Bryan U.S. Courthouse
401 Courthouse Square
Alexandria, VA 22314
13. Solicitor General of the United States
Donald B. Verrilli, Jr.
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
14. United States Attorney General
Eric H. Holder, Jr.
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
15. Honorable Claude M. Hilton
Albert V. Bryan U.S. Courthouse
401 Courthouse Square
Alexandria, VA 22314
16. Chief Judge James R. Spencer
Federal Courthouse
701 East Broad Street
Richmond, VA 23219
17. Honorable Lamar Smith, Chairman
House Judiciary Committee
2138 Rayburn House Office Building
Washington, DC 20515
18. Patrick J. Leahy, Chairman
Senate Judiciary Committee
437 Russell Senate Bldg, United States Senate
Washington, DC 20510
Re: EMERGENCY & EXTRAORDINARY Request for Ministerial Enforcement
Note: This Is Not A Request For Legal Advice
Honorable Ladies and Gentlemen:
The definition of “ministerial act and duty” state as follows:
“Ministerial act.
That which involves obedience to instructions, but demands no special discretion, judgment, or skill. An act is 'ministerial' when its performance is positively commanded and so plainly prescribed as to be free from doubt. Brenneman Co. v. Schramm, D.C. Pa., 473 F. Supp. 1316, 1319. One which a person or board performs under a given state of facts in a prescribed manner in obedience to the mandate of legal authority without regard to or the exercise of his or their own judgment upon the propriety of the act being done. State Dept. of Mental Health v. Allen., Ind. App., 427 N.E. 2d 2, 4; Gibson v. Winterset Community School Dist., 258 Iowa 440, 138 N.W. 2D 112, 115.” Black's Law Dictionary, 6th Ed., p. 996.
“Ministerial duty.
One regarding which nothing is left to discretion -- a simple and definite duty, imposed by law, and arising under conditions admitted or proved to exist.” Black's Law Dictionary, 6th Ed., p. 996.
I am writing today to ask the Chairman of the Judiciary Committees of the Congress of the United States Congress and the Justices of the Supreme Court of the United States to inform Mr. Fernando Galindo, Clerk of the Eastern District Court of Virginia and the Case Manager of Civil Action No. 1:11-cv-00490 (CMH/IDD) to perform their ministerial act and duty with no special discretion or judgment as to Rule 55(a) and 55(b)(1) of the Federal Rules of Civil Procedure as prescribed by the law because the Clerk's Office for the Eastern District Court of Virginia stated that I cannot speak to him.
In reviewing the 2009 and 2010 amendments to the Federal Rules of Civil Procedure signed by Chief Justice, John Roberts that were adopted by the Supreme Court of the United States pursuant to Section 2070 of Title 28, United States Code and were submitted to the Congress, there were no changes made to Rule 7(a), 8(a), 55(a) and 55(b)(1):
Rule 7(a)-Pleadings Permitted and Replies
Rule 7(a) lists the six types of pleadings that may be filed in federal court:
(1) a complaint;
(2) an answer to a complaint;
(3) a reply to a counterclaim;
(4) an answer to a crossclaim;
(5) a third-party complaint; and
(6) a third-party answer or a counterclaim answer.
Not Pleadings
The list in Rule 7(a) is exhaustive. Consequently, the following documents—which do not appear in the Rule 7(a) list—are “not pleadings”: a writ, a motion to dismiss, a motion for summary judgment, a motion for reconsideration, a motion for sanctions, an “informative” motion, a response to a motion, a “suggestion” under Rule 12(h)(3) of a lack of subject matter jurisdiction, a brief or memorandum, a reply brief or memorandum, a supplement brief, “freestanding” or “stand-alone” counterclaims and crossclaims not included in an answer, summary judgment statements, discovery papers, a notice of appeal, a notice of removal, affidavits, declarations, expert reports and testimony, filings in a condemnation proceeding and court-ordered “reports”.
Rule 55. Default; Default Judgment (By the Clerk)
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
(b) Entering a Default Judgment. (1) By the Clerk.
If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk — on the plaintiff's request, with an affidavit showing the amount due — must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.
Today, I am left with no option but to respectfully demand from the Honorable Ladies and Gentlemen of the United States of America named above that the Eastern District Court of Virginia applies the rules as stated above. On July 18, 2011, I made the “Request for Entry of Default as to Sectek Inc., Wilfred Blood, Michelle Fowler and Frederick Springfield which was entered on 07/19/2011, docket #34 of Civil Action No. 1:11-cv-00490 (CMH/IDD).
On July 20, 2011, the case manager for Civil Action No. 1:11-cv-00490 (CMH/IDD) and her supervisor, Richard Banke refused to enter the Clerk Entry of Default as prescribed by the Rule 55(a) and stated that I must set it for hearing which is contrary to the Federal Rules 55(a) and 55(b)(1).
As pointed out in the case of Stearns v. U.S. District Court for the District of Mass. 214 F.3d 413 (1st Cir. 2000), the local rules cannot create substantive rights, modify substantive rights or create completely new procedures. The official local rules internal operating procedures of the Eastern District of Virginia cannot be inconsistent with federal statutes and the federal rules. Also, the official local rules of the Eastern District court provides no comment at all on Rule 55.
Therefore, that is why I am left with no other option but to seek higher authority to inform the Clerk of Court for the Eastern District of Virginia to perform its ministerial duties as to Rule 55(a) and 55(b)(1) of the Federal Rules of Civil Procedure as prescribed. Once again, thank you for addressing this urgent matter. May God Bless You and Bless America.
Respectfully Submitted,
Pierre-Richard Augustin, MPA,MBA
Private Attorney General, Ex Rel
3941 Persimmon Drive, #102, Fairfax, VA 22031 USA, T: 617-202-8069, hdmhos@aol.com
cc: Legal Correspondence for all Televisions Network, Blogs and the Top 100 Newspapers in the United States and docket #34 of Civil Action No. 1:11-cv-00490 (CMH/IDD)
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this Motion and Affidavit was served via email and mailed to the court.
Pierre R. Augustin, Private Attorney General, Ex Rel, 3941 Persimmon Drive, #102
Fairfax, VA 22031, Tel: 617-202-8069
Private Attorney General, Ex Rel
3941 Persimmon Drive, #102
Fairfax, VA 22031
T: 617-202-8069
hdmhos@aol.com
July 20, 2011
“Our justice system is not perfect. However, when New evidences
are presented, the will to do good must prevail over the status quo”
1. Clerk of Court, Fernando Galindo
Albert V. Bryan U.S. Courthouse
401 Courthouse Square
Alexandria, VA 22314
2. Chief Judge William B. Traxler, Jr.
U.S. Court of Appeals for the Fourth Circuit
1100 East Main Street, Suite 501
Richmond, VA 23219
3. Honorable John G. Roberts, Jr.,
Chief Justice of the United States
Supreme Court of the United States
1 First Street, NE, Washington, DC 20543
4. Honorable Antonin Scalia, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
5. Honorable Anthony M. Kennedy, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
6. Honorable Clarence Thomas, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
7. Honorable Ruth Bader Ginsburg, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
8. Honorable Stephen G. Breyer, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
9. Honorable Samuel Anthony Alito, Jr., Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
10. Honorable Sonia Sotomayor, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
11. Honorable Elena Kagan, Associate Justice
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
12. Magistrate Judge Ivan D. Davis
Albert V. Bryan U.S. Courthouse
401 Courthouse Square
Alexandria, VA 22314
13. Solicitor General of the United States
Donald B. Verrilli, Jr.
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
14. United States Attorney General
Eric H. Holder, Jr.
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
15. Honorable Claude M. Hilton
Albert V. Bryan U.S. Courthouse
401 Courthouse Square
Alexandria, VA 22314
16. Chief Judge James R. Spencer
Federal Courthouse
701 East Broad Street
Richmond, VA 23219
17. Honorable Lamar Smith, Chairman
House Judiciary Committee
2138 Rayburn House Office Building
Washington, DC 20515
18. Patrick J. Leahy, Chairman
Senate Judiciary Committee
437 Russell Senate Bldg, United States Senate
Washington, DC 20510
Re: EMERGENCY & EXTRAORDINARY Request for Ministerial Enforcement
Note: This Is Not A Request For Legal Advice
Honorable Ladies and Gentlemen:
The definition of “ministerial act and duty” state as follows:
“Ministerial act.
That which involves obedience to instructions, but demands no special discretion, judgment, or skill. An act is 'ministerial' when its performance is positively commanded and so plainly prescribed as to be free from doubt. Brenneman Co. v. Schramm, D.C. Pa., 473 F. Supp. 1316, 1319. One which a person or board performs under a given state of facts in a prescribed manner in obedience to the mandate of legal authority without regard to or the exercise of his or their own judgment upon the propriety of the act being done. State Dept. of Mental Health v. Allen., Ind. App., 427 N.E. 2d 2, 4; Gibson v. Winterset Community School Dist., 258 Iowa 440, 138 N.W. 2D 112, 115.” Black's Law Dictionary, 6th Ed., p. 996.
“Ministerial duty.
One regarding which nothing is left to discretion -- a simple and definite duty, imposed by law, and arising under conditions admitted or proved to exist.” Black's Law Dictionary, 6th Ed., p. 996.
I am writing today to ask the Chairman of the Judiciary Committees of the Congress of the United States Congress and the Justices of the Supreme Court of the United States to inform Mr. Fernando Galindo, Clerk of the Eastern District Court of Virginia and the Case Manager of Civil Action No. 1:11-cv-00490 (CMH/IDD) to perform their ministerial act and duty with no special discretion or judgment as to Rule 55(a) and 55(b)(1) of the Federal Rules of Civil Procedure as prescribed by the law because the Clerk's Office for the Eastern District Court of Virginia stated that I cannot speak to him.
In reviewing the 2009 and 2010 amendments to the Federal Rules of Civil Procedure signed by Chief Justice, John Roberts that were adopted by the Supreme Court of the United States pursuant to Section 2070 of Title 28, United States Code and were submitted to the Congress, there were no changes made to Rule 7(a), 8(a), 55(a) and 55(b)(1):
Rule 7(a)-Pleadings Permitted and Replies
Rule 7(a) lists the six types of pleadings that may be filed in federal court:
(1) a complaint;
(2) an answer to a complaint;
(3) a reply to a counterclaim;
(4) an answer to a crossclaim;
(5) a third-party complaint; and
(6) a third-party answer or a counterclaim answer.
Not Pleadings
The list in Rule 7(a) is exhaustive. Consequently, the following documents—which do not appear in the Rule 7(a) list—are “not pleadings”: a writ, a motion to dismiss, a motion for summary judgment, a motion for reconsideration, a motion for sanctions, an “informative” motion, a response to a motion, a “suggestion” under Rule 12(h)(3) of a lack of subject matter jurisdiction, a brief or memorandum, a reply brief or memorandum, a supplement brief, “freestanding” or “stand-alone” counterclaims and crossclaims not included in an answer, summary judgment statements, discovery papers, a notice of appeal, a notice of removal, affidavits, declarations, expert reports and testimony, filings in a condemnation proceeding and court-ordered “reports”.
Rule 55. Default; Default Judgment (By the Clerk)
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
(b) Entering a Default Judgment. (1) By the Clerk.
If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk — on the plaintiff's request, with an affidavit showing the amount due — must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.
Today, I am left with no option but to respectfully demand from the Honorable Ladies and Gentlemen of the United States of America named above that the Eastern District Court of Virginia applies the rules as stated above. On July 18, 2011, I made the “Request for Entry of Default as to Sectek Inc., Wilfred Blood, Michelle Fowler and Frederick Springfield which was entered on 07/19/2011, docket #34 of Civil Action No. 1:11-cv-00490 (CMH/IDD).
On July 20, 2011, the case manager for Civil Action No. 1:11-cv-00490 (CMH/IDD) and her supervisor, Richard Banke refused to enter the Clerk Entry of Default as prescribed by the Rule 55(a) and stated that I must set it for hearing which is contrary to the Federal Rules 55(a) and 55(b)(1).
As pointed out in the case of Stearns v. U.S. District Court for the District of Mass. 214 F.3d 413 (1st Cir. 2000), the local rules cannot create substantive rights, modify substantive rights or create completely new procedures. The official local rules internal operating procedures of the Eastern District of Virginia cannot be inconsistent with federal statutes and the federal rules. Also, the official local rules of the Eastern District court provides no comment at all on Rule 55.
Therefore, that is why I am left with no other option but to seek higher authority to inform the Clerk of Court for the Eastern District of Virginia to perform its ministerial duties as to Rule 55(a) and 55(b)(1) of the Federal Rules of Civil Procedure as prescribed. Once again, thank you for addressing this urgent matter. May God Bless You and Bless America.
Respectfully Submitted,
Pierre-Richard Augustin, MPA,MBA
Private Attorney General, Ex Rel
3941 Persimmon Drive, #102, Fairfax, VA 22031 USA, T: 617-202-8069, hdmhos@aol.com
cc: Legal Correspondence for all Televisions Network, Blogs and the Top 100 Newspapers in the United States and docket #34 of Civil Action No. 1:11-cv-00490 (CMH/IDD)
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this Motion and Affidavit was served via email and mailed to the court.
Pierre R. Augustin, Private Attorney General, Ex Rel, 3941 Persimmon Drive, #102
Fairfax, VA 22031, Tel: 617-202-8069
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