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RICI'IA RD 1. FIN E,ln Pro Per
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Prisoner ID # 1824367
JU L2 2 22 29
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U N IT E D ST A T E S C O U R T O F A P P E A L S
6
F O R T H E N IN T H C IR C U IT
78
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RIC HARD 1.FIN E ,
C ase
o.
9
A pp ellant and P etition er,
SU P PL E G
N T T O EM ER G EN C Y
10
v s.
M O TIO N FOR IM M ED IA TE
11
RELEASE FROM UNLAW FUL
W C A R C E M T IO N SH O W IN G
12
U .S.D IST R IC T C O U R T ,
IR REPARABLE Ar
13
A pp ellee and R esp on dent.
IM =
D IA T E IN JU R Y A r
14
UNDUE FW ANCIA L HARDSHIP ,
SC RIF F O F LO S A N G ELES
IN CLUDIN G THE LOsSOF HlS
15
COUN TY
H O=
Ar
ONGOIN G
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(R ea1 P arty ln lnterest)
PH Y SIC A L PA IN A r
SU FFE R IN G
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18
Fju p R ujes 23(b)(3) and 23(d)
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20
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22
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A ppellant (\u00e7\u00e7Fine'') has been, and continues to be, irreparably injured by
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his unlaw ful incarceration,w hich began on M arch 4,2009.
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H e w as deprived of personal liberty, w hich forcibly subjected him to
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undue and steadily m ounting financial hardship and catastrophe as a direct result
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ofbeing prevented from eam ing a living.
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Case: 09-56073 07/30/2009 Page: 1 of 8
DktEntry: 7010421
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H e has been prevented 9 om addressing the legal issu es in th is case
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beyond his personal m em ory of ap plicable 1aw as a result of his having been
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N
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.W njei acreo
an y
x sot=
me
i
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T he exp en se of retainin g counsel to adequately address th ese m atters is
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prohib itive, and he can not av ail him self of any assistance as a pauper as that
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w ould entail fu11 financial disclosure, the subject of w hich is also the thrust of
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th e underlyin g contem pt order.
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H is severe s nancial hard ship h as 1ed to the im m inent loss o f h is hom e,
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w hich is now w ell into foreclosure.
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F ine's incarceration h as also resulted in his need lessly sufferin g physical
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pain arising from m edical conditions w hich w ere contracted as the result of
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incarceration at LA C ounty M en's C entral Jail. Fine has developed a staph
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infection, back pain , and sw elling in his feet, ankles and legs, al1 in violation of
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the F ifth an d F ourteenth A m endm en ts, du e to h is un law ful in carceration an d the
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deliberate refusaland failure ofthe D istrictC ourtto abide by 28 U SC j 2243 in
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proceed ing w ith the P etition for W rit o f H abeas C orpus.
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These delays have susp ended th e ttprivilege of th e w rit of habeas corpus''
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in violation of A rticle 1,Section 942) ofthe U .S.C onstitution.
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A
this C ou rt is aw are from the record,the D istrict C ourt unlaw fully
s
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d la ed in ordering R espondent Sheriff to answ er, and did not enter the w rit
e y
24
h
the resp ondent Sheriff did not answ er.The D istrictC ourt also unlaw fully
W en
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\u00e7\u00e7directed'' the LA Superior C ourt and Ju dge Y affe to answ er w ithout having
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i diction over them,gave each a tim e period beyond the tw enty (20) days
jurs
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i inally set for the Sherifg allow ed by 28 U SC j 2243 and did not enter the
(org
,
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DktEntry: 7010421
l
w rit w hen they did not oppose or contest any of the grounds,facts or claim s set
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forth in the Petition .
D esp ilr o -requirem entu O e ee istriet-c oM Y
v e-O
ae g-no+ tw
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than tw enty-five (25) days after the Petition is filed and sum m arily decide the
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case, or earlier if the grounds or facts in th e Petition are undisputed, as in this
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case, as set forth in 28 U SC j 2243, the D istrict C ourt w aited for 103 days to
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render its decision (D kt#30),at w hich tim e it denied the unopposed Petition.
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The D istrict C ourt's decision show ed that neither it (Judge W alter) nor the
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M agistrate Judge (Judge W oehrle) had even read the full Petition. (See
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M agistrate Judge's R eport and R ecom m endation t\u00e7GR epolf'l D kt #26,page 10,
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line 13
, through page 11,line 1, w hich states the Petition had only five grounds.
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The Petition had,in fact, seven grounds. Page 13 ,line 27,through page 14, line
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4,of the R eportstates Fine w as not charged tm der B & P C ode j 6 126,a crim inal
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count. The O rder to Show Cause, at page 3, paragraph 16, attached to the
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Petition show s this charge. A t page 23, line 1, through page 24, line 16, the
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R eport again ignores the crim inal contem pt charge w hich w as never dism issed.)
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The D istrict C ourt left itself w ith only C ounts O ne, Tw o and Fiv e to
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d ecid e .
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A s to C ount O ne,th e R eportdid notcite to C aperton. et al. v.A .T(M assev
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C oal C o., et al, 566 U .S .
(2009) decided June 8, 2009, w hich held that a
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large contributor to a cam paign com m ittee of a judge by a litigant w ith a
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prospective case before him m andated the judge's recusal from the case as a
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denialofdue process. C ap erton, supra,m andated the granting of the w rit by th e
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D istrict C ourt because Judge Y affe had received an illegal paym ent 9 om LA
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C ounty equal to 28% of his state salary (a substantial sum ) and then m ade an
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order in favor of LA County and against Fine withoutnotice to Fine and w ithout
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