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10-cv-02216-FCD-DAD Document 8
LED I
1 Pamela Bamett, Pro se Plaintiff
2 2541 Warrego Way
3 Sacramento, CA, 95826
4 Telephone: (415)846-7170
5 Pb-realestate@yahoo.com
X
PAMELA BARNETT,
Plaintiff, Civil CASE: 10-cv-02216-FCD-DAD
v.
Defendants.
-
I Plaintiff Response to EAC Petition for Removal Page 1 of 4
I
Case 2:IO-cv-02216-FCD-DAD Document 8 Filed 08125110 Page 2 of 5
3 Commission and its director Thomas Wilkey (EAC) represented by Assistant U.S.
5 having fhed on August 17,2010 the NOTICE of REMOVAL with 28 USC 51442 (a) 1
6 from Sacramento Superior Court, case number 34-2010-00077415; and that the
7 United States is requesting from the state court a copy of that couffs pleading file,
8 for filing with 28 U.S.C. §1447(b) with this Court's Clerk upon receipt from that court.
13 campaign of Defendant Damon Dunn who is alleged with intent to defraud other
14 Republican Candidates damaged at the Republican Primary held June 8.2010; and
15 4. That Plainti suffers irreparable harm with time as the essence because
16 the ongoing challenge as before the Primary and now after the Primary is without a
17 timely fair hearing in State Court as to the ballot status of Mr. Dunn that as a matter
18 of law requires a hearing on the presentment of certain facts there denied, and with
19 imminent irreparable harm were the Ballots to be printed to proceed to the General
20 Election without Plaintiff's requested relief granted befofe that printing is done for the
21 November 2,2010 General Election for State and Federal Officers to proceed; and
23 42 USC Section 1973GG-9: Civil enforcement and private right of action and as
24 related State law similarly adopted to be here as in State Court if the Petition were
granted in the matter of irreparable harm to Plaintiff along with those similarly
situated with time as the essence is due to State action(s), as all State Defendants
are Democrats including the Court Judge, who delay and deny substantive due
process with intent to interfere with the First and Fifth amendment rights and liberty
qualifications and procedures by arbitrary and capricious action under color of state
fiduciary duty as per 42 USC Section 1973FF-1 State responsibilities; and with 42
USC 91973gg that applies herein with any State that maintains and uses a voter
registration data base; and whose State Officers are Federal agents; and
7. That the State is intent to print the ballot for the General Election with
Damon Dunn on it, as expressed by the State's Demurrer of June 11.2010 to the
Complaint and the State and Orange County Demurrers of August 13, 2010 and
August 12, 2010 respectively to the First Amended Complaint, and therein requested
and have been granted a State Court hearing on October 25,2010 after the ballots
8. Thereby State Defendants deny Plaintiff and those similarly situated equal
protection of the law and substantive due process with a fair hearing in time to
correct the ballot, and for that reason alone Plaintiff desires the bifurcation of liability
with the law and expedited jury trial on the facts as to llabillty under the law with the
compounding damages severed and remanded back to State Court jury bial there.
9. That Damon Dunn and the State Defendants act across state lines to deny
Plaintiff and those similarly situated as Republicans equal protection of the law and
10. That the facts prove Damon Dunn acts with intent to commit a crime;
11. That the fads prove State Defendants act with intent to commit a crime.
12. That the Law provides the Court with a remedy for relief and
13. That all Defendants must be barred from the ballot and W i n g &ice.
14. That the Ballot must be printed with the next runner up in the Republican
15. That the matter of Liability for damages must be remanded back to State
Court for further jury hearing on extent and scope of damages to indude punitive
16. That Plainti is entitled to further and different relief the Court herein
deems necessary for justice to be done herein to prevent further vote fraud in the
17. 1 do solemnly declare under penalty of pajury with 28 USC 91746 and the
Sacramento, that the facts and circumstances described above are m e and correct
, 95826
V ~ a a a r n e n GCA.
Telephone: (415)8467170
CERTIFICATE OF SERVICE
Dated: August 2 4 -
Sacramento
P
44151 Flagstaff Dr.
~ a n c h o ~ u r i eCA,
t a 95683
Phone: 916.230.2123