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Sunday, November 27, 2011

Third-Party Practice (Wrap-Up)


One on his or her private one mile road, or should I say extended driveway, has no reason to drive on either the right or the left side of this road.  Why?  This person is under no legal or other convention requiring that they drive on a particular side of their private road or extended driveway.

Upon coming to the end of said driveway, and depending on the laws of the country or jurisdiction, this same person now finds that upon entering a public roadway he or she must now follow the convention set by the law as to which side of the road one must drive.

So, why do we have Rules of Court?  It was my interpretation that these rules determined how an action would proceed. After being the victim of the Judicial Stealthy Hubristic Injustice Tactic presented in my last posting it appears my faith in the holding of FRCVP 1 were misguided. FRCVP 1 Scope and Purpose, holds: "These rules govern the procedure in all civil action and proceedings in the United States district courts, except as stated in Rule 81.  They should be construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding."

Judge Hillman, his understudy Magistrate Judge Karen M. Williams, Harrah's Hotel and Casino, Christopher Mauro, and DAG, Kathleen Bartus are hell-bent on circumventing this rule of court.   Their concerted actions are designed to extend civil action 08cv02407 as long as possible. Hoping  that I will acquiesce to their (J.S.H.I.T.), or that the litigation will become to expensive for me to maintain or finally that I'm hit by a bus or fall prey to some other accident and after I don't respond they can sweep the case under some judicial rug.

I'm looking both way's when I cross the street's now days. FRCVP 2 One Form of Action holds: "There is one form of action--the civil action." Well I appear to have met this standard as the court's records say civil action # 08cv02470, I sort of get the impression that the cv between the "08" and "02407" denote a civil action also.  What do you think?

Being further armed with the rules above, I now ask that you dawn your "demolition expert" suits and aide me in taking apart this time bomb, await to explode and destroy our judicial system.  You will need some for of protection so to speak because in the forth coming posting I will detail FRCVP 10 Form of Pleadings.  More specifically FRCVP 10 ( c ) Adoption by Reference, Exhibits, holding: " A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion.  A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes." This was the most important rule that I came to understand before filing my complaint. God blessed me to understand that I had to attach my documented proof's to the complaint and you'll start to see that I did.

Homework, Click Hickson v. Marina Associates in the "Source Links" to the right, upon Judge Hillmans Opinion of Sept. 27, 2010 appearing, search this document for the word "exhibit."  Attached to the complaint pursuant to FRCVP 10 ( c ) are my exhibits "A" through "Z" and the word "exhibit" is referenced or fifty times in the complaint yet how can one reason that a United States District Judge could write an Opinion wherein the word "exhibit" does not appear once. (J.S.H.I.T.) I'm telling you, but will you stay tuned to stop it?

Well you have homework and I can't wait all night for you to find "exhibit" as assigned, so I'm going to bed. See you tomorrow.  Happy and Knowledgeable Gaming! TheCasinoGamingOracle

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