Free Notice of Appeal - District Court of Delaware - Delaware


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Case 1:05-cv-00345-SLR Document 19 Filed 05/21/2007 Page 1 of 4
M NOTICE OF APPEAL
TO
U.S. COURT OF APPEALS, THIRD CIRCUIT l
U.S. District Court for the District of Delaware ,
CIRCUIT COURT
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FULL CAI>TIoN IN DISTRICT COURT AS FOLLOWS:
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Case 1:05-cv-00345-SLR Document 19 Filed 05/21/2007 Page 2 of 4
IN THE U.S. COURT OF APPEALS, THIRD CIRCUIT
REASONS FOR REQUESTIN G APPEAL OF ORDER
I, James N. Patnaude, the Plantiff in The United States District Court For ’
The District Of Delaware, Civil Action No. 05-345-SLR am respectfully
submitting a request of appeal for the Order issues by Chief District Court
Judge Susan L. Robinson for the following reasons:
1) Because of extreme financial constraints it was necessary that I had to
represent myself without the benefit of legal counsel in all matters
dealing with my termination from the Federal Bureau of Investigation
(FBI) . This included the hearing with the Department of Justice Access
Review Committee (DOJARC), the Equal Employment Opportunity
Commision and finally the United States District Court for the District of
Delaware. Having to be pro se put me at an extreme disadvantage.
Wihen I filed my initial suit I requested that legal representation be
appointed. I received no response to this request. On July 19, 2006 I
again requested the appointment of outside legal counsel. Chief Judge
Robinson denied this request indicating that any matters up to this point
would be matters of law but that counsel could be requested at a later
date.
With absolutely no disrespect to Chief Judge Robinson that is exactly
why I requested that legal counsel be appointed. Socrates said "The only
true wisdom is in knowing you know nothing." I am well aware that I
know nothing not only of matters of law but also procedure, presentation
and many other difficiencies in my case submission. Had I ben afforded
legal counsel I am sure that Judge Robinson would have ruled in my
favor. Although I submitted copius examples it is because I did not know
what to submit or how to present what I did submit.
2) Since day one of this odessy in trying to get my job back I have not
been able to obtain paper work to substantiate my claim. My original
FOIA request was not processed nor was my original EEO complaint
_ forwarded to the EEO Unit at FBI Headquarters. I repeatedly requested
documents for my DOJARC meeting and nothing was produced. The FBI
has successfully painted a deragatory picture of me through the
manipulation and omission of information. The appointment of legal

Case 1:05-cv-00345-SLR Document 19 Filed 05/21/2007 Page 3 of 4
counsel would have minimized this at the very least and probably have
resulted in a much different outcome.
3) I mean no disrespect to Chief Judge Robinson or any other member of
the United States District Court Of Delaware by appealing the Order
issued on March 20, 2007. Judge Robinson mentioned the report by the
Office of Professional Responsibility (OPR) in her Order. She probably
isn’t aware that my punishment was a five day suspension. To put this in
prospective an FBI employee gets thirty days of for using an FBI car for
personnel reasons. In addition, the OPR supervisor in charge of my
investigation stated that as far as he was concerned the whole affair was a
grudge against me. My security clearance suspension was based on a
document that was generated right after the original allegations. It was
never updated to reflect any of the subsequent investigations and the
suspension was never executed by the FBI employee who headed the
Security Unit but rather a CIA employee who was on loan. He did this as
soon as he arrived and rushed to suspend my clearance before the OPR
report was issued. The OPR staff was nice enough to try to rush the
report to prevent the suspension.
4) I honestly feel that I am not asking for anything that is not guaranteed
to any citizen of the United States of America. I just want my day in
court. The ability to afford a team of lawyers or the lack of resources not
to be able to afford that same type of team should not be the determining
factor in whether a person is able obtain justice or at least a chance for
justice.

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