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Saturday, January 1, 2011

11-01-02 Threat by US Marshals Following Request for Correction of False Docket at the US
District Court in California Reported to Harvard Law School Blog

United States Marshal

Los Angeles, January 2 - Human Rights Alert (NGO) and Joseph Zernik, PhD, filed report with the Harvard
"Citizen Media Law Project" of threat by US Marshals against Dr Zernik.

The threat against Dr Zernik followed requests, which were filed with the Clerk of the Court Terry Nafisi and
the Chief Judge Audrey Collins, US District Judge, Central District of California, and were also published
online, to correct false PACER dockets, pursuant to Code of Conduct of US Judges.

The requests for correction of the PACER dockets pertained to litigations in Zernik v Connor et al (2:08-cv-
1550) and Fine v Sheriff (2:09-cv-01914), both of which originated from claims of widespread corruption of
the Superior Court of California, County of Los Angeles.

In the former case, US Judge Virginia Phillips appeared as presiding judge, and in the latter - US Judge John
Walter. In both cases US Magistrate Carla Woehrle appeared as well. The evidence showed that neither the
judges, nor the magistrate, appeared with a valid Assignment/Referral Order. Absent valid
Assignment/Referral Order, judges or magistrates lack authority to adjudicate in a case.

In both cases, judgments were published as "entered" in the online PACER dockets, but later it was found that
the judgments were issued with invalid certificates of authentication/attestation by the Clerk of the Court.
Absent valid authentication/attestation by the clerk, a judgment is void. However, the online PACER dockets
would mislead a reasonable person to conclude that the judgments were valid and effectual.

In both cases, the Clerk of the Court refuses to certify the PACER dockets.

In both cases, no corrective actions have been taken to this date regarding the false and deliberately
misleading online PACER dockets.

"Citizen Media Law Project" previously reported a threat by the US Marshals in the California Central
District against a blog publisher, who used crude language in protesting the conduct of litigation by US Judge
Howard Matz.

The common theme in both threats was the employment of the US Marshals to suppress claims of judicial
z Page 2/6 January 2, 2011

corruption, and issuance of the threat by US Deputy Darcy Smith on behalf of the US District Court.
__________________

Harvard Law School Web Site

http://www.citmedialaw.org/threats/marshals-v-ahowardmatzcom#description

I. US MARSHALS THREAT AGAINST BLOG PUBLISHER, REPORTED BY HARVARD LAW SCHOOL:

z Page 3/6 January 2, 2011

Marshals v. ahowardmatz.com
NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven
allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute.

Posted November 18th, 2010 by Guest

Summary

Threat Type: Criminal Charge Date: 07/09/2010

Status: Location: California

Disposition: Material Removed Verdict/Settlement Amount: n/a

Legal Claims: Other

The nature of the threat is a secret, known only to judge A. Howard Matz and Agent Smith.The
complaint was on July 9, 2010. The site was removed on or about October 7, 2010. ... read full
description
Parties

Party Issuing Legal Threat: Party Receiving Legal Threat:

Marshals Service from the Central District Author of the site.

of California, Deputy Marshal Ms. Darcy
Smith

Type of Party: Type of Party:

Government Individual

Location of Party: Location of Party:

California California; Arizona; Arkansas; Alaska

Legal Counsel: Legal Counsel:

Pro Se

Description

The nature of the threat is a secret, known only to judge A. Howard Matz and Agent Smith.The complaint was on July 9, 2010. The site was removed on or
about October 7, 2010.
Related Links:
http://twitter.com/killercopDOTcom
Details

Website(s) Involved: Content Type(s):

www.ahowardmatz.com BACKUP COPY HERE Audio, Code, Graphic, Photo,

@http://www.killercop.com/ahowardmatz.com/index.htm Text, Video

Publication Medium: Subject Area(s):

Website Censorship
Court Information & Documents

Location of Filing/Threat: Source of Law:

z Page 4/6 January 2, 2011

California United States

Court Name: Court Type:

Jusge A. Howard Matz Federal

Case Number:

Relevant Documents:

directnicreply.txt (11-09-2010)

Human Rights Alert Site

http://www.scribd.com/Human_Rights_Alert

II. US MARSHALS THREAT AGAINST DR JOSEPH ZERNIK

A. Background - invalid litigation of cases in the US District Court, Central District of California, and
publication of void judgments in the PACER dockets:

Zernik v Connor et al (2:08-cv-1550) - litigation under cause of action of Deprivation of Rights under the Color of Law -
where US Judge Virginia Phillips appeared as presiding judge, and Fine v Sheriff (2:09-cv-01914) - petition for a writ of
habeas corpus - where US Judge John Warner appeared as presiding judge, both in the US District Court, Central
District of California, are claimed as Fraud on the Court.

In both cases judges appeared with no Assignment Orders, magistrates appeared with no Referral Orders and false and
deliberately misleading minutes, orders, and judgments were published as "entered" in the online PACER dockets by
unnamed and unauthorized court personnel, with invalid certificates of authentication/attestation by the clerk (NEFs -
Notices of Electronic Filing).

The claims and the documentary evidence related to Zernik v Connor et al andFine v Sheriff are now provided in the
Motion to Intervene in Log Cabin Republicans v USA et al (10-56634 and 10-56813) in the US Court of Appeals, 9th
Circuit. [2]

The Motion to Intervene claims that Judge Virginia Phillips engaged in the same conduct also in Log Cabin Republicans
v USA et al.

In Log Cabin Republicans v USA et al two opposing judgments were published in the online PACER docket:

The first judgment was issued in 2006 by Judge George Schiavello, who appeared with no Assignment Order. His
judgment was listed as "entered" and also listed in the Judgment Index of the court. The judgment was never reversed.

The second judgment was issued In 2010 by Judge Virginia Phillips, who also appeared with no Assignment Order, and
z Page 5/6 January 2, 2011

her judgment was NOT listed in the Judgment Index of the US District Court.

In Log Cabin Republicans v USA et al the Clerk of the US District Court Court continues to deny access to the NEFs, in
apparent violation of First Amendment rights - to access court records to inspect and to copy.

In all three cases of the US District Court, Central District of California, the Clerk of the Court refuses to certify the
PACER dockets and the judgments.

Regardless, the uncertified October 2010 Judge Virginia Phillips judgment and is now the foundation for the two appeals
in the US Court of Appeals, 9th Circuit.

B. Threats and retaliation following the filing of requests for corrective actions

1) In Zernik v Connor et al (2:08-cv-1550) and Fine v Sheriff (2:09-cv-01914), access to the NEFs was denied for
months.

2) In late December 2009, following repeated appearances in the office of the clerk with written requests to access the
records, the certificates of authentication/ attestation by the clerk (NEFs - Notices of Electronic Filing) in the two cases
were finally discovered. Upon examination, the NEFs in both cases were found uniformly invalid. [3]

3) In January 2010, notices and requests for investigation and correction of the PACER dockets were filed with Clerk of
the Court Terry Nafisi.

4) In late February 2010 a letter was received by Dr Zernik from Lydia Yurtchuk, US Court Staff Attorney, of a purported
investigation. [4]

5) In response to Staff Attorney Yurtchuk, clarification to the letter itself was requested, since it was addressed to an
unknown person, unrelated to the matters, instead of being addressed to Dr Joseph Zernik, and with no mention of
Counsel Yurchuk's authority in issuing the letter.

6) No clarification has been received from Staff Attorney Yurtchuk to this date.

7) In late March 2010 Dr Zernik therefore filed request with Chamber staff, to the attention of Chief Judge Audrey
Collins, to reliably inform her of "unprofessional conduct" in the litigation of the two cases, and to request the initiation
of investigation and corrective actions, pursuant to the Code of Conduct of US Judges.[5]

8) In early April 2010 a phone call was received from US Deputy Marshal Darcy Smith asking Dr Joseph Zernik to meet
her, referring specifically to the notice filed with Chief Judge Audrey Collins as the subject matter of the meeting.

9) Dr Zernik requested a written request by Deputy Marshal Darcy Smith.

10) On April 7, 2010 a request was then received by email from Deputy Marshal Darcy Smith - for an "interview". The
request was signed by Deputy Darcy Smith on behalf of the "District Threat Unit". [6]

11) Dr Zernik responded by email, explaining that he believed that the US Marshals had no legal authority to conduct
"interviews". Dr Zernik asked for explicit explanation of the legal foundation for the invitation. [6]

11) No response was received.

12) On or about April 24, 2010, Dr Zernik was informed by his neighbor that the previous night unidentified armed
federal agents appeared at Dr Zernik's residence and tried to apprehend Dr Zernik. According to the neighbor, the agents
also knocked on his door and asked the neighbor about Dr Zernik's whereabouts. The neighbor also explained to Dr
Zernik his concern that shooting was going to take place if the agents appeared again.

13) Dr Zernik immediately abandoned his residence and never returned ever since.

14) No known corrective actions have been taken to this date regarding the false and deliberately misleading PACER
dockets in Zernik v Connor et al or inFine v Sheriff.

LINKS:
z Page 6/6 January 2, 2011

[1] http://www.citmedialaw.org/threats/marshals-v-ahowardmatzcom#description
[2] http://www.scribd.com/doc/45945087/
[3] http://www.scribd.com/doc/24681508/
[4] http://www.scribd.com/doc/30764101/
[5] http://www.scribd.com/doc/28938859/
[6] http://www.scribd.com/doc/29570298/

___
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by
the justice systems of the State of California and the United States in Los Angeles County, California, and beyond.
Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous
deterioration of the integrity of the justice system in the United States.

http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice
Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration
of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY,
CALIFORNIA?
* "Innocent people remain in prison"
* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report
recommends must be investigated relative to the integrity of the system, have not produced any response that we know
of..."
LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306/
* "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility
when innocent people are convicted."
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/274339
_____________________________
WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE
JUSTICE SYSTEM IN CALIFORNIA?
* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/