Document 20
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·
United States Court of Appeals
!
Mr. Dennis L. Smith Sr.
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U.S i)":t~~ilC ' '~G~l1r c.. No. 07 - 3999 Appell. .,...OlS:rR_I~CT_O_F-FEIJ);_W_AR _... ... .......
E
) Q:> C('e..nrJJ ) Re; Equal - Right(s); ) In ref: Vindication of civil Right(s) ) Here - under; 42 U.S.CA § 1988. ) This is not a lawsuit. The sole purpose ) of this is to simply constitutionally
) enforce 42 U.S.CA. § 1981(b). under
) the Law.
~i}iiIoI;T-!:;'\Q., "
)
j-.:.~l
0
vs.
Ms. Patricia A. Meyers, and her son Mr. Mack L. Davis Jr., and all of her sibling(s), Mr. Steven S. Krebs, and his mother )
)
Ms. Barbara Krebs and any other person(s) who Attempt, to "ILLEGALLY )
- "OBSTRUCT - Power of Attorney ) Document Book / No. 00776 page; ) 041 Legal Dated 10-27-03 of the ) Sussex County Delaware Office of the )
)
{Incumbent} recorder of Deed(s) } ) Appellee(s). )
Federal- Question(s)
Here-under; 28 U.S.C.A §
1331 § 1291.
28 U.S.C.A § 144.
"26.1.2 Notice of Possible Judicial Disqualification"
rd 03 CIRCUIT LOCAL APPELLATE RULE In Re; U.S District Court of Delaware's Judge Joseph J. Farnan Jr.
Here come(s), Mr. Dennis L. Smith Sr. / Pro se, Appellant, who is simply requesting vehemently, that this proper situs for instant - action federally owned and operated United States Court oflaw to unequivocally realize these heinous beyond, ungodly intentional
multiple" Color of law" / Color of Office / Colore Officii / Color of Authority
wrongful 42 U.S.C.A. § 1983. These 42 U.S.C.A. § 1983., are manifest documented / docketed prohibited Racial- Injustice(s) (via) totally - directly and/or indirectly attributed against my person {ONLY}, due to the color of my SKIN. These" Pre - Jim Crow" like
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despotic, illegal act(s) of the inferior U.S. District Court of Delaware's de facto Judge Joseph 1. Farnan Jr., MUST be taken SERIOUSLY for CONSTITUTIONAL - EQUAL - JUSTICE, under the law.
Please Take Legal Notice; Caveat, plain and simple the inferior judge in question has wrongfully - intentionally violated Incumbent, still viable United State(s) law(s). What is so very unrealistic, is that these fully rational basis test law(s), that are, the law were wrongfully - heinously - intentionallyVIOLATED, (via) the de facto inferior District Court Judge below, who was in fact Sworn in Here - under; 28 U.S.C.A. § 453., to indubitably uphold I enforce, ALL "UNITED STATES Law(s) and was in fact sworn in (via) an incumbent President of the United States of AMERICA.
FACT(S) -- No.1
Judge Joseph J. Farnan Jr., who INITIALLY unequivocally Affirmed
that the U.S. District Court
does not have JURISDICTION, see below:
On August 30, 2007, I ( Petitioner) at that time, filed my INITIAL Affidavit I Motion dated August 30, 2007 and on its face I quote, "In Re; Violation(s) of 42 U.S.C.A § 1981(a)(b). Notice of amicable Request for instantaneous Injunctive Relief Notice of Motion Ex parte EMERGENCY Temporary Restraining Order. " Therefore, de facto Judge Joseph J. Farnan Jr., in his first (l st) FINAL ORDER (Memorandum Order) dated September 11, 2007, clearly, and I repeat clearly on page # 6 stated and I quote, " THE COURT DOES NOT HAVE JURISDICTION OVER HIS CLAIM§. NOTABLY, PLAINTIFF'S CLAIM§ARE ONE§ WHERE STATE LAW, NOT FEDERAL LAW, PREDOMINATES. HENCE, THE MATTERS SHOULD BE DECIDED BY THE STATE COURT." Based on civil case No. 07 - 525 - JJF "DOCKET" therefore, please keep in mind, that de facto Judge 2
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Farnan Jr., did not send and/or Ordered me to answer a "
Show Cause Order"
before
his / this September 11,2007 first ( 1st) " FINAL ORDER.", but made it very clear that this Court "does not have JURISDICTION." See first ( 1st) FINAL ORDER (Memorandum Order) dated September 11,2007 and its page six (6) attached as --- Exhibit A
Therefore, because de facto Judge Farnan Jr., claimed that the U.S. District Court does not have
JURISDICTION
and the fact that de facto Judge Farnan Jr., was deceitful concerning
issues therein my "Affidavit / Motion dated August 30,2007." I then, based on my " Substantive Due Process" Constitutional Right(s), on October 9, 2007, PAID $ 455.00 to the U.S. District Court and APPEALED my civil case No. 07 - 525 - JJF, to the United States Court of Appeals 03 rd Judicial Circuit, civil case No. 07 - 3999. In summary, this Appeals Court, last sent me ( Appellant) a letter dated December 20, 2007, AS of April 1, 2008 and/or to date. See, U.S. District Court's receipt for $ 455.00 dollars, attached as --- Exhibit B See, the U.S. Court of Appeals' Letter dated December 20,2007, attached as ------- Exhibit C
FACT(S) -- No.2
Without JURISDICTION, and without" a final determination of
appellate Jurisdiction" from the United States Court of Appeals, Judge Joseph J. Farnan
Jr., illegally and deceitfully claimed JURISDICTION, see below:
Without "a final determination of appellate Jurisdiction" from the United States Court of Appeals 03 rd Judicial concerning their letter dated December 20, 2007, therefore de facto Judge Joseph J. Farnan Jr., without Jurisdiction on January 22, 2008 Order me ( Appellant) to answer his (D.I. 14) "Show Cause Order." Therefore, I did answer in my Sufficient Affidavit which is my D.I. 15, concerning Federalized Code 28 U.S.C.A. § 144., filed on February 15,2008 and its Clarification letter D.I. 16 filed on February 26,2008. See" Show Cause Order" dated January 22, 2008, attached as ---------------------------------------- Exhibit D
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FACT(S) -- No.3
THIS TIME, without JURISDICTION, without respect to Federalized Code
28 V.S.C.A. § 144 and without" a final determination of
appellate Jurisdiction" from the United States Court of Appeals, Judge Joseph J. Farnan
Jr., illegally and deceitfully claimed JURISDICTION. Under Equal Protection Clause of
Rational basis test law, Judge Farnan Jr., should have indubitably RECUSED himself, see
28 U.S.C.A. § 144., and see below:
THIS TIME, on March 5, 2008, de facto Judge. Farnan Jr., without Jurisdiction from the United States Court of Appeals 03 rd Judicial Circuit, and in violation of Federalized Code 28 U.S.C.A. § 144., as mentioned above, made an illegal ruling while civil case No. 07 - 3999 remains pending. This illegal ruling, is indicated in de facto Judge Farnan Jr's illegal (D.1. 17 ) Memorandum Order, which is also illegally BACKDATED to indicate March 5, 2007. Clearly, since October 9,2007 through to last affirmed date of April 1, 2008, my APPEALED civil case No.07 - 525 - JJF, remains pending. Therefore, between October 9,2007 and April 1, 2008 Judge Farnan Jr., had no Jurisdiction, violated Federalized Code 28 U.S.C.A. § 144., and without" a final determination of appellate Jurisdiction" from the United States Court of Appeals, created a Fraudulent second FINAL ORDER. See, this illegal Memorandum Order and which is also illegally backdated to indicate March 5, 2001 , attached as --------- Exhibit E
Based on these deceitful bold malfeasance color of Authority, see 42 U.S.C.A. § 1983., act(s) as mentioned above concerning APPEALED civil case No. 07 - 525 - JJF, therefore, I believed this DESIGNED FALSE DELUSION, that my Interlocutory Appeal was GRANTED, which I later found and affirmed NOT TRUE on Aprill, unfortunately Pro se, but EQUAL under the Law.
2008.
Please keep n mind that I am
Also, this mentioned above, latest, deceptive, meaningless designed false delusion, may need to be reviewed (via) the F.B.! due to unconstitutional, deplorable Racist act(s) of Judge Joseph J. Farnan Jr., who did wrongfully intentionally violate; Federalized Code 28 U.S.C.A. § 144.
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Judge Farnan Jr., must be immediately or as soon as possible be reprimanded for equal justice under the law. This high court need(s) to put unquestioned strong emphasis, on the fact, that the very Honorable sacred Oath here - under; 28 U.S.CA. § 453., that de facto Judge Farnan Jr., was initially legally, ETHICALLY, morally, and with the utmost - ultimate INTEGRITY was sworn, in (via) a president of these United States to legally enforce all United States Law(s).
P LEA SET A KEN 0 TIC E;
I am very PREJUDICED, these past unlawful deceptive - practice(s), of Judge Farnan Jr., who
were solelY,to keep, my person a Pro se, in conjecture, due to the totally intentional ambiguous Suspect, very appealable Court - Ruling(s). However, if it please - { PLEASE}, the court, this Honorable court, (via) Sua sponte, {SHALL}, in the lawful- Fully - Constitutional " INTEREST of JUSTICE" {SHALL}, legally construe the September 11, 2007 Memorandum Order of Judge Farnan Jr's in QUESTION, as to be the FINAL ORDER, pursuant and here under; 28 U.S.CA. § 1291 and as clearly written in this Septmber 11, 2007 Order also, thereon page six (6) of it.
(28 U.S.CA. § 144.) This was a simple case, concerning Ms. Patricia A. Meyers (Appellee)
and I (Appellant), we both have a mutual July 12,2006 agreement recorded in Book 00913 page 046, located in Sussex County, Georgetown, Delaware which contains in writing our mutual October 27,2003 Power of Attorney Book 00776 page 041, of same location. This mutual July 12, 2006 agreement must be enforced, so that I can complete my AGREED Legal
SPECIFICALLY WRITTEN OBLIGATIONS the same as under 42 U.S.CA. § 1981(a).,
concerning Ms. Meyers' 2.5 acres parcel of real estate property. This July 12, 200~ agreement was recorded in the State of Delaware's Recorder of Deed - BEFORE - this
5
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" Racist" white male Mr. Steven S. Krebs' known illicit - illegal and Fraudulent August 16,
2001 agreement was recorded in Book 00964 page 00140 and Mr. Krebs' illicit - illegal
and Fraudulent property DEED also dated August 16,2007 recorded in Book 03487 page
00027. Ms. Patricia A. Meyers and Mr. Steven S. Krebs, both willfully and knowingly, knew
that these illegal acts will BREACH Ms. Meyers ( Appellee) and I ( Appellant) mutual
July 12,2006 agreement / SPECIFICALLY WRITTEN OBLIGATIONS, when they illegally
signed and/or initialed both of these documents as just mentioned, ofMr. Krebs' and filed these
documents in the same location as my mutual July 12,2006 agreement as mentioned above.
I (Appellant) did not Authorize these illegal act(s). I need this mutual July 12,2006
agreement enforced 42 U.S.C. A § 1981(b). To constitutionally, ethically and morally with
integrity, reinstate my / fundamental civil-libertie(s) to legally enforce contractual
agreement(s) that are mutual agreement(s) under the law. Judge Farnan Jr's wrongdoings is a
SHAME to our GREAT DEMOCRACY, by the use of unlawful hood - winking, like act(s)
just because he illegally favors racist act(s).
See, U.S. District Court's docket attached as ------------------------------------------------- Exhibit F
Judge Farnan Jr., total unlawful abuse of discretion, and his totally illicit intentional
discrimination - based, disparate - treatment against my person by way of his Arbitrary and
Capricious / callous abuse of Authority Malfeasance deplorable act(s),
See
28 V.S.C.A. § 144
§ 1983 § 1988.
More damage, on or about April 4, 2008 was done to Ms. Patricia A. Meyers'
2.5 acres parcel B, of real estate property, which I hold and remain holding the
mutual July 12,2006 agreement to date. 42 U.S.C.A § 1981(b)., applies to this
6
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agreement the same as any White Man's agreement in proper and legal SEQUENCE, See 42 U.S.C.A § 1981(a).
Respectfully, Submitted
ft~,£~
Mr. Dennis L. Smith "Pro se" P.O. Box 311 Selbyville, Delaware 19975 - 0311 Date
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In And For The 03 rd Judicial Circuit
Of
These United States
Mr. Dennis 1. Smith Sr. c.A. No. 07 - 3999 Appellant,
Re; Equal - Right(s); In ref: Vindication of civil Right(s) Here under; 42 U.S.C.A § 1988. This is not a lawsuit. The sole purpose of this is to simply constitutionally enforce 42 U.S.C.A. § 1981(b). under the Law.
vs.
Ms. Patricia A. Meyers, and her son Mr. Mack 1. Davis Jr., and all of her sibling(s), Mr. Steven S. Krebs, and his mother Ms. Barbara Krebs and any other person(s) who Attempt, to "ILLEGALLY - "OBSTRUCT - Power of Attorney Document Book I No. 00776 page; 041 Legal Dated 10-27-03 of the Sussex County Delaware Office of the {Incumbent} recorder of Deed(s) } Appellee(s).
AFFIDAVIT OF DENNIS L. SMITH
The, preceding - indelible truthful- statement(s) in my Motion" 26.1.2 Notice of Possible Judicial Disqualification" Certified -7007 0220 0001 0621 8280, are true to the best of my knowledge and belief(s); of; Dennis 1. Smith and are in full vehement compliance I Compliance(s) Here- with / Here - under; 28 U.S.C.A. § 1746, and 18 U.S.c.A. § 1621.
~mit;L~
Date
/~·122..,
7
zoog
Case 1:07-cv-00525-JJF
I,
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CERTIFICATE OF SERVICE I hereby certify that the original and three copies my Motion" 26.1.2 Notice of Possible Judicial Disqualification" Certified -7007 0220 0001 0621 8280, have been L L day of April 2008, to the United States certified mailed or hand delivered on this Court of Appeals, Thrid Circuit and to Appellee(s) at the following addresses below: The Third Judicial- Circuit of Federal- Appeal(s) Ms. Marcia M. Waldron 21400 United States" Court - House" 601 Market Street Philadelphia, PA 19106 - 1790 Certified Mail No. 7007022000010621 8280
Mr. Peter T. Dalleo Office of the Clerk United States District Court 844 N. King Street, Lockbox 18 Wilmington, Deaware 19801 - 3570 Certified Mail No. 70070220000106218303 Ms. Patricia A. Meyers, and her Son, Mr. Mack L. Davis Jr., and all of her sibling(s) RR 4 Box 103A Frankford, Delaware 19945 Certified Mail No. 700702200001 0621 8419 Mr. Steven S. Krebs and his Mother Ms. Barbara Krebs P.O. Box 796 Selbyville, Delaware 19975 Certified Mail No. 700702200001 0621 8457 For Verification purpose(s) only; John Brady Recorder of Deeds 2 The Circle P. O. Box 827 Georgetown, Delaware 19947 Certified Mail No. 70070220000106218464 All mentioned above,
Y
//
/'
Dennis L. m.t
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.........
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Mr. Dennis L. Smith P. O. Box 311 Selhyville, Delaware 19975
11'11 \11 11111\\111111\1\1'\111\11I11\'II
7D07 0220 0001 0621 8303
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GOoo '980:
First Class Mail
Mr. Peter T. Dalleo Office of the Clerk United States District Court 844 N. King Street, Lockbox 18 Wilmington, D~ware 19801 - 3570 Certified Mail No. 7007022000010621 8303.
Case 1:07-cv-00525-JJF
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DENNIS LEE SMITH,
Plaintiff,
v.
Civ. No. 07-525-JJF
PATRICIA A. MEYERS, MACK L. DAVIS, JR., STEVEN S. KREBS, and BARBARA KREBS,
Defendants.
MEMORANDUM ORDEB
r.
Introduction
Plaintiff Dennis Lee Smith, who proceeds pro
~,
filed a
"Notice Of Motion Ex Parte EMERGENCY Temporary Restraining 'Order'"1 to prevent further uirreparable hedonic damage(s)" and to prevent "further irreparable misleading/false outburst of pernicious false - statement(s) of the very unrealistic viability of very ignorant person(s) who know who they are."
(0.1.2.)
He also seeks to preclude a number of actions including, but not limited to, the issuance of outrageous and absurd documents, the
sale or lease of certain real property, an individual from speaking to him, hateful acts, conspiracy and/or frame-up by certain Defendants. The Motion heading states that "this is not
a lawsuit" and that the sale purpose is to uconstitutionally
IWhile the Motion indicates it is filed ex parte, a service indicates the parties have received notice of the Motion. (D.I. 2.) Additionally, when Plaintiff filed this Motion he advised che Clerk's Office that, while styled as an emergency, the ~otion could wait until a judge was assigned to the case.
l~st
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enforce 42 V.S.C.A.
§
1981(b) under the law."
Ir.
Standard of Review
When considering a motion for a preliminary injunction Plaintiff must demonstrate that:
the merits;
(2)
(1)
he is likely to succeed on
(3)
denial will result in irreparable harm;
granting the injunction will not result in irreparable harm to the defendant(s); and (4) granting the injunction is in the public interest. Cir. 1997). a
possib~lity
Maldonado v. Houstoun, 157 F.3d 179, 184 (3d
"[A}n injunction may not be used simply to eliminate of a remote future injury, or a future invasion of
rights."
Continental Group, Inc. v. Amoco Chems. Corp., 614 F.2d
&
351, 359 (3d Cir. 1980) (quoting Holiday Inns of Am. ( Inc. v. B
B Corp., 409 F.2d 614, 618
Od Cir. 1969)).
"The relevant
inquiry is whether the movant is in danger of suffering irreparable harm at the time the preliminary injunction is to be 1.ssued."
(3d eir.
81 Handling 8ys.( Inc. v. Heisley, 753 F.2d 1244, 1264 1985).
III.
Background
This dispute arises over leases entered into by Defendant Patricia A. Meyers ("P. Meyers") with Defendant Steven 8. Krebs the sale of real estate
("S. Krebs") and non-party Joe M. Farr,
by P. Meyers to P. Meyers' sister-in-law and her sister-in-law's son, and the revocation of a Power Of Attorney given to Plaintiff by P. Meyers. Plaintiff alleges that P. Meyers was aware that he
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wa~ted
certain property for business purposes and that P. Meyers
had agreed to sell him the property. Plaintiff alleges that his relationship with P. Meyers is as a "close friend of the family."
(D.I.2, Statement of Facts #1.)
P. Meyers gave Plaintiff her Power Of Attorney on October 27, 2003.
(D. I. 2, ex. GG.)
Plaintiff and P. Meyers entered into
an Agreement on July 12, 2006 regarding the sale of real property, and Plaintiff alleges that P. Meyers chose to breach the "mutual July 12, 2006 recorded agreement" filed in the Sussex County Records of Deeds Book in violation of 42 U.S.C. 1981(a) (b).2
(D.1.2,
§
Statement of Facts #1, ex. HH.)
Plaintiff
alleges that, on August 8, 2007, P. Meyers attempted to revoke
provides that "[alll persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens. and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. A claim under § 1981 is restricted by its language to discrimination based on race or color. Springer v. Seaman, 821 F.2d 871 (1st eir. 1987) The statute defines "m~ke and enforce contracts" to include "the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.- 42 U.S.C. § 1981(b).
1981(a)
~Section
To state a claim under 42 U.S.C. § 1981, a plaintiff is reqUired to plead facts demonstrating that the plaintiff is member of a racial minority, that there was intent to discriMinate on the basis of race by the defendant, and that d~scrimination concerned one or more of the activities enumerated in the statute. Hood v. New Jersey DeD't of Civil Serv., 680 ~.2d 955, 959 (3d Cir. 1982); McDuffy v. Koval, 226 F. Supp. 2d 54:', 530 (D. Del. 2002).
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cheir July 12,
2006 agreement referred to above, when she signed Plaintiff was no
a document stating that as of August 8, 2007, longer her Power Of Attorney.
F~.)
(D.I.2, Statement of Facts #7,
ex.
Plaintiff alleges that the July 12,
2006 agreement refers
to the October 27, recorded first, the July 12,
2003 Power Of Attorney and because it was
the August 8, 2007 letter is an illegal breach of Plaintiff alleges the August 8,
§
2006 agreement.
2007 letter is also a violation of 42 U.S.C.
1981(a} (b)
and §
:985(3) .'
PlaintlEf alleges that in 2002,
2003, and 2004,
P. Meyers
signed and/or initialed documents without a lawyer and without Plaintiff.
(D.1.2, Statement of Facts #1.)
He alleges that P.
Meyers "bad unequivocally chose [sic] her close friend of the
family [Plaintiff] over their family's Attorney Steven Parsons,
a~d
also over her son [Defendant] Mr. Mack L. Davis Jr.,
and/or
over all her siblings specifically for all legal property
proble~s
and/or issues.
(D.I.2, Statement of ?acts #2.)
Apparently litigation ensued as the motion states that a trial commenced in the Court of Chancery and on July 9,
2004, P. Meyers
'To state a claim under 42 U.S.C. § 1985(3) J a plaintiff must allege: (1) a conspiracy; (2) that the conspiracy is motivated by a racial or class based discriminatory animus designed to deprive, directly or indirectly, any person or class of persons to the equal protection of the laws; (3) an act in furtherance of the conspiracy; and (4) an injury to person or property or the deprivation of any right or privilege of a citizen ot the United States. See Lake v. Arnold, 112 F.3d 682, 685 Dd eir. 1997).
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and Plaintiff "won the all day trial." Facts #3.)
(D.I.2, Statement of
It appears from the Motion that Plaintiff attempted to act as P. Meyers' counsel in the State Court action and P. Meyers was told to either proceed pro se or to retain the services of a licensed attorney. (D.I.2, Statement of Facts #4 a.) Plaintiff
alleges that P. Meyers chose to keep Plaintiff as her Power Of Attorney. Id. Plaintiff alleges he then gave P. Meyers monies
to pay the filing fee to remove the case to this District Court, and P. Meyers continued to choose Plaintiff as her Power Of Attorney. ~ Plaintiff asserts that because of this "legal battle/mess against wrongdoings" he has suffered, been tricked, threatened with false arrest,
(D.1.2.
falsely arrested twice, and slandered. He further contends he is a
Statement of Facts #6.)
victim of racism and racial hatred, and that his right to due process and equal protection were violated because he is a "black male who stood up against racism while helping a white female to win a court case against white males [sic] evildoers." rd.
'The Petition For Removal was filed in Krebs v. Meyers, C.A. No. 06-455-KAJ. On October 31, 2006, the Court entered an Order remanding the case to State Court. rd. at D.T. 10, 11. The United States Court of Appeals for the Third Circuit affirmed the District Court's Order remanding the case. Krebs v. Meyers, No.
06-4873 (3d Cir. Mar. 6, 2007).
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IV.
Discussion
The Court nas reviewed the exhibits Plaintiff submitted with
his Motion. After reviewing the same and carefully reviewing his
Motion, it is clear that Plaintiff's real issues concern real
property to which he believes he is entitled, and P. Meyers's
decision co revoke the Power Of Attorney she gave to Plaintiff.
The Court does not have jurisdiction over his claims. Notably,
Plaintiff's claims are ones where state law, not federal law,
predominates. Court. Hence, the matters should be decided by the State
Plaintiff makes vague allegations of, and seeks
slander, defamation, false outbursts,
Moreover,
to prevent,
the following:
false statements, P. Meyers, issue,
issuance of outrageous and absurd documents by
the sale or lease of the property at
false arrests,
S. Krebs from speaking to Plaintiff, and hateful acts,
conspiracy or frame-up by S. Krebs and Defendant Barbara Krebs. Again, most of the foregoing concern State law issues and are better decided by the State Court.
In a failing attempt to state a claim under
§
1981,
Plaintiff makes a passing reference to race discrimination by referring to himself as a black man who helped a white female win a coure case. Nothing indicates, however, that there was an
intent to discriminate against Plaintiff on the basis of his race. Plainciff also refers to the § 1985 conspiracy statute,
but other than seeking to restrain Defendants from conspiring
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.
against him, provides no facts to support a conspiracy claim. Finally, other than his allegations, Plaintiff provides nothing to the Court to demonstrate irreparable harm. foregoing, Based upon the
Plaintiff has neither demonstrated the likelihood of
success on the merits, nor has he demonstrated irreparable harm
:0
V.
justify injunctive relief.
Conclusion
NOW, THEREFORE, IT IS HEREBY ORDERED this ~ day of Septerrber, 2007, that the Emergency Motion For A Temporary Restraining Order (D.l. 2) is DENIED.
UNITE
j
CERTIFIED: r(~/ 0 ~ AS ATRUE COPT: ATTEST:
Fl~CWlK
Deput, Clerk
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Document 20-3
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Page 1 of 1
UNITED STATES DISTRICT COURT
District of
~laware
NOTICE OF APPEAL TO COURT OF APPEALS, THIRD CIRCUIT
\lib. Division'
It 149129 - ED
0·= tobe r 9., 2007
[)jstrict of Delaware
CIRCUIT COURT
DOCKET NUMBER: :OURT AS FOLLOWS: DISTRICT COURT DOCKET NUMBER: 07-525 DISTRICT COURT JUDGE: Hon. Vel non Joseph J. Farnan Jr.
_
Code
Ca5(> II
Qty
1 @
Aaount
APPEAlS l-17-CV-S2S
455.01
455.11 CA
Total->
455.00
Ir. Mack l. Davis & a eta AI. )
FRmt: D£NHIS l. SMITH SR.
APPEAL 17-525
--
". Dennis L. Smith Sr.. Appeal(s) to the United
States Court of Appeals for the Third Circuit from {} Judgement, {X} Order, {} Other (specify) Manifest - Injustice Gravamen - based de facto inferior Erroneous plain erred transparent Memorandum order, entered in this action on September 11, 2007 A. D.
\.
(date)
::-::1'\
c'
Dated: September 11,2007 A. D.
C:J
-
l'~\
~:~:
CJ
----j
I '..0
ounsel for Appellant - Signature)
-\
Pro se
(Name of Counsel - Typed)
Pro se
(Counsel for Appellee)
P.O. Box 311
(Address)
R.R. Box 103A
(Address)
Selbyville, DE 19975 (City, State, Zip)
(302) 732 - 3011
(Telephone Number)
Frankford, DE 19945 (City, State, Zip) (302) 436 - 0227
(Telephone Number)
Case 1:07-cv-00525-JJF
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OFFICE OF THE CLERK - LEGAL DIVISION
UNITEDSTATESCOURTOFApPEALS
21400 UNITED STATES COURTHOUSE
601 MARKET STREET
PHILADELPHIA 19106-1790
~IARCIA
M. WALDRON
December 20, 2007
Telephone
CLERK
(215-597-2378)
Mr. Dennis Lee Smith P.O. Box 311
Selbyville, DE 19975
Re: Smith v. Meyers C.A. No. 07-3999
CD. Del. Civ. No. 07-cv-00525)
Dear Mr. Smith: Upon further review, it appears that it would not be appropriate to submit this appeal to the Court for possible jurisdictional dismissal as you were originally advised by our letter of October 18, 2007. Rather, it appears that your appeal may be appropriate for possible summary action. Chapter 10.6 provides that the Court sua sponte (by its own action) may take summary action on an appeal if it appears that no substantial question is presented or that subsequent precedent or a change in circumstances warrants such action. Specifically, the Court may affirm, reverse, vacate, modifY, or remand the judgment or order appealed. The parties may submit written argument in support of or in opposition to such action. Any response must be received in the Clerk's Office within twenty-one (21) days from the date of this letter. Please submit to the Clerk an original and three (3) copies of any response, and acertificate of service indicating that all parties have been served with a copy of the response. All parties will be advised of any Order(s) issued in this matter. Issuance of the briefing schedule will be stayed pending action by the Court. All parties are hereby advised that this letter does not represent a finding of appellate jurisdiction in this case. As in all cases, the panel of this Court which reviews the case on its merits will make a final determination of appellate jurisdiction. Very truly yours, /s/ Laura L. Greene LAURA L. GREENE
Staff Attorney
(Continued)
Case 1:07-cv-00525-JJF
Document 20-4
Filed 04/23/2008
Page 2 of 2
_0,2007 .'lith v. Meyers C.A. No. 07-3999 (D. Del. Civ. No. 07-cv-00525)
LLG/je cc: Patricia A. Meyers Route 4 Box 103A Frankford, DE 19945
Case 1:07-cv-00525-JJF
Document 20-5
Filed 04/23/2008
Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DENNIS LEE SMITH, plaintiff, v. PATRICIA A. MEYERS, MACK L. DAVIS, JR., STEVEN S. KREBS, and BARBARA KREBS, Defendants.
SHOW CAUSE ORDER
Civ. Action No. 07-525-JJF
At Wilmington this
~ day of January, 2008, the
Complaint in the above-captioned case having been filed on August
30, 2007
IT IS ORDERED that, on or before February 15, 2008, Plaintiff shall show cause why this case should not be dismissed for failure to serve process within 120 days of filing the Complaint, pursuant to Fed. R. Civ. P. 4(m).
DISTRICT
GE
...
Case _ - 1:07-cv-00525-JJF
Document 20-6
Filed 04/23/2008
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DENNIS LEE SMITH, Plaintiff, Civil Action No. 07-525-JJF
v.
PATRICIA A. MEYERS, MACK L. DAVIS, JR., STEVEN S. KREBS and BARBARA KREBS, Defendants.
MEMORANDUM ORDER
WHEREAS,
the Court issued an Order (D.I. 14) requiring
Plaintiff to show cause why this action should not be dismissed for failure to serve pursuant to Fed. R. civ. P. 4(m); WHEREAS, Plaintiff responded to the Court with a motion requesting the Court" to take no further action with respect to this case (D.I. 15) and a letter (D.I. 16) intended to clarify his previous filing WHEREAS, (D.I. 16);
Plaintiff contends in both documents that he has the requirements of
not filed a civil complaint, and therefore, Rule 4(m) do not apply to him;
WHEREAS, Plaintiff paid the filing fee to institute a civil action, and the Court has construed Plaintiff's opening pleading, captioned as a Motion To Prohibit, as a civil complaint; WHEREAS, Plaintiff has offered no reason for his failure to comply with Rule 4(m), and it appears, from Plaintiff's pleadings
Case 1:07-cv-00525-JJF
Document 20-6
Filed 04/23/2008
Page 2 of 2
that he does not wish to pursue this action as a civil complaint 1; NOW THEREFORE, IT IS HEREBY ORDERED that: 1. 2. The above-captioned action is DISMISSED. All pending Motions shall be terminated in accordance
with this Order.
March { , 2007
DATE
CERTIFIED: ,AS A TRUE com
3)()- /0 g
B'trer~ Depu~a;..
Plaintiff contends that both of his filings (D.I. 15, 16) are meant to be part of his Interlocutory Appeal, USCA 07 3999, even though they were filed in this Court. Plaintiff, of course, retains the option of filing his papers with the Court of Appeals for the Third Circuit if he wishes to present them in that forum.
ATTEST:
.
03/17/08
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Case 1:07-cv-00525-JJF 10: 15 FAX
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Document 20-7 PARCELS INC.
Filed 04/23/2008 ._ _. _ . _
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141002
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APPEAL, CLOSED, PaperDocuments
'-
- U.s. District Court District of Delaware (Wilmington) CIVU.. DOCKET FOR CASE #: 1:07-cv-0052S·JJF
~mith v_Meyers et al lAssigned to: Judge Joseph J. Farnan, Jr. Case in other court: USCA, 07-03999 Cause: 42: 1981 Civil Rights
m rIa' tif{
Date Filed: 08/30/2007 Date Terminated~ 03/05.!2008 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jilrisdiction: Federal Question
represented by Dennis Lee Smith Dennis Lee Smith, Pro se P.O. Box 311 Selbyville, DE 19975 (302) 732-3011 PROSE
Dennis Lee Smith
-
V.
~dant Deli
Patricia A. Meyers
Del'endant
Mack L. Davis, Jr.
De~end~nt
Ste'fen S. Krebs
Deliend ant Barbara Krebs
Date Filed
08/30/2007
#
Docket Text
1. MOTION to ProhibiL filed Pro Se against Patricia A. Meyers, Mack L.
Davis, Jr, Steven S. Krebs, Barbara Krebs ( Filing fee $ 350, receipt number 148730.) - fIled by Dennis Lee Smith_ Magistrate consent and Rule 4 Lo PItL (Artachments; # 1 Cjvil Cover Sheet # ~ Acknowledgement of Rule -4 # J Acknowledgement of Consent Fonn) (els) Modified On 8/30/2007 (maw, ). (Entered: 08/30/2007)
08/30/2007
;~
MOnON for Temporary Restrainlng Order (Emergency) - flIed by Dennis Lee Smith. (els) (Entered: 08/30/2(07)
h[[ps: //ecf.dcd.uscourts.gov/cgi-binlDktRpt.pI ?481145036426725-L_195_0-1
3/17/2008
.j
037' 7/08
Case 1:07-cv-00525-JJF -. Document 20-7 10:16 FAX PARCELS INC '---' - - - _ . - - ._------ -
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141 00
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)8/3012007 PSI30/2007 09/05/2007
:2 Notice of Availability of a U.8. Magistrate Judge to Exerci~e Jurisdiction
(els) (Entered: 08/30/2007) No Summons Issued (els)
(Entere~
08/3012007)
Case assigned to Judge Joseph J. Farnan, Jr. Please include the initials of the Judge (JJF) after the c¥e number on all documencs fJ.led. (rjb) (Entered: 09/0512007)
~
09111/2007
-
MEMORANDUM ORDER DENYING D.l. :4 MOTION for Temporary Restrainin,g Order (See O~der for Details). Signed by Judge Joseph J. . Farnan, .Tt:-on 9/1112007. (lee) (Entered: 09/1212(07)
10/0912007
~
tee Smith. Filing fee $ 455. Fee Paid. Receipt No.: 149129. TPO issued.
(rwc) (Entered: 10/10/2007)
NOTICE OF APPEAL of ~ Memorandum Order. Appeal filed by Dennis
10/09/2007 1011112007
Q MOTION to Stay - filed by Dennis Lee Smith. (rwe) Additional attachmeot(s) added OD 1011112007 (rwc,). (Entered: 10/10/2007)
7 MULTI MEDIA DOCUMENT f1led by Dennis Lee SmiLh in the form of a audiocassette. Filing related to 9, MOTION to Stay. (Media on file in Clerk's Office). (rwc) (Entered: t0/1112007)
8
1011612007
NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re ~ Notice of Appeal flIed by Dennis Lee Smith. USCA Case .Number 07-3999. USCA Case Manager: Tonya Wyche (DOCUMENT IS RESTRICfED AND CAN ONLY BE VIEWED BY COURT STAFF) (tw. ) (E~~ered: 10/1612007) AM.ENm1ENT/CORRECfION to DOCUMENT - filed by Dennis Lee Smith. (Correction to Page 2 and Page 10 re: QMOTION to Stay). (rwe) (Entered: 10/1712007)
-
10/1612007
2
11106/2007
10 Letter to Clerk. USCA 3rd Circuit from Dennis L. Smith dated 11/2/07 in further support of appeal- re ~ Notice of Appeal. (rwe) (Entered: 11/06/2007)
1110612007
.11. SECOND AMENDMENT/CORRECTION to DOCUMENT - filed by
Dennis Lee Smith. (Correction £0 Page 2) re: Motion Qto Stay (Entered: 1110712007)
..
01/11/2008
12 Letter to Clerk, USCA 3rd Circuit from Deputy Clerk, dated 1/11108 regarding forwarding of Dennis Smith's "InLerlocutory Appeal StaLus . (VIA) 28 V.S.C.A. sec. 2106 Emergency Motion to Modify" to USCA. (rwc) (Entered: OJ11112008)
13
01114/2008
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Letter to Clerk, USCA 3rd CircuiL, from Dennis L. Smith dated 1/10/08 regarding Emergency Motion to Change Appeal. (rwe) (Entered: 0111512008) failure to serve process..Show Cause Response due by 2/1512008. Signed by Judge Joseph J. Farnan, Jr. on 1/22/08. (dab) (Entered: 0112212008)
01122/2008
.H ORDER TO SHOW CAUSE why this case should not be dismissed for
hltDs:/Jecf.ded.uscourts_gov/cgj-binIDklRpt.pl?48 I 14503642672S-L_J 95_0-1
311712008
Case 1:07-cv-00525-JJF
Document 20-7
Filed 04/23/2008
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I4J 004
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r1512008
~
~\I10TlON to
Proceed no Further in this case and Response to 11122108 Order to Show Cause - filed by Dennis Lee Smith. (dab) (Entered: 02119/2(08)
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03/05/2008
J§ Letter to the Court from Dennis L. Smith regarding Response to Order to Show Cause. (dab) (Entered: om612008)
! 03/0512008
17 MEMORANDUM ORDER -DISMISSING the case for failure to serve process pursuant to Rule 4. Signed by Judge Joseph J. Farnan, Jr. on 3/512008. (nms) Modified on 3/6f2008 (rwe). (Entered: 03/0512008) CASE CLOSED per DI # 11 (nms) (Entered: 03/0512(08)
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