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10-56634 #43

10-56634 #43

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Published by Equality Case Files
Doc #43
Doc #43

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Published by: Equality Case Files on Aug 21, 2011
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08/06/2014

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R E c E I V E D
MOLLY
.
; DWYE
,
CLERK
.
s. COURT c)lL Ap 7 EALS
IAS! C 6
FILED
DOCKETEDi
ATE llltilàt
Case Nos 10-56634 and 10-56813IN THE UMED STATES COURT OF APPEALS
FOR THE NINTH CIRCIJITLog Cabin Republicans,
a non-protit corporation,
Plaintt-Appellee/cross Appellant,
VS
United States of America; Robert M Gates,
Secretaty of Defense, in his official capacity,
Defendants-Appellants/cross Appellees.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
U
7
FOR THE CENTRAL DISTRICT OF CMIFORNIA
No CV 04-8425, Honorable Virginia A Phillips, Judge5: INTERVENOR DR JOSEPH ZERNIK'S MOTION FOR ADECLARATORY MANDATE: THE NEFS ARE PUBLIC RECORDS
Joseph Zernik, PIID
In Pro Se2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209Faximile (213) 261-9881jz12345@earth1ink.net
Digitally signedbyloseph ZernikDN: cn=loseph
Zernik o, ou,
7 . emaiI=jz12345@
earthlinknet,
c=US
Date: 2010.12.2715:01:18 +02'00
0
1/06/2011 Page: 1 of 7
Case: 10-56634 DktEntry: 43 & Case: 10-56813 DktEntry:
14
 
5: MOTION FOR A DECLAMTORY MANDATE: TIIE NEFS (NOTICES OF
ELECTRONIC FILING) ARE COURT RECORDS SUBJECT TO THE FIRST
AMENDMENT RIGHT OF PUBLIC ACCESS TO INSPECT AND TO COPY.
TO THE COURT AND TO PARTIES: Intervenor Dr Joseph Zernik (ddzern1'k'') hereinfiles llis Motion for a Declaratory Mandate: The NEFS (Notices of Eleckonic Filing) are
court records subject to the First Amendment right of public access to inspect and to
copy; like the Certificates of Service by the Clerk, which preceded themo the NEFS must
be incorporated in the PACER (the Court's online public access system) dockets by the
Clerk of the Court.
1. The concomitantly flled papers should be deemed integral parts of instantmotion.
The papers, which are concomitantly liled tmder separate covers, are integral parts of
instant motion:
Request for Leave to File, Notice to Reliably Inform the Court, and Motion to
lntervene;
2: Request for Lenience by Pro Se Filer;Motion for Declaratory Mandate: The uncertified April 24, 2009 Judgment in
Zernik v Connor et al was, is, and always will be void, not voidable.4: Motion for an Ordtr to Show Cause on USA and Log Cabin Republicans in re:
the tmcertified October 12, 2010 Judgment in Log Cabin Republicans v USA et c!:
Why instant Appeals should not be dismissed for lack of jurisdiction and/or
mootness;
2/9
5: MOTION FOR A DECLARATORY MANDATE: Tlœ NEFS AltE PUBLIC MCORDS
Case: 10-56634 01/06/2011 ID: 7604322 DktEntry: 43 Page: 2 of 7
 
5: Motion for a Declaratory Mandate: The NEFS are court records subject to the
First Amendment rights;
6: Motion for Declaratory Mandate: The NEFS are invalid as electronic certifkatesof authentication/attestation by the Clerk, the US District Court shall immediatelydraA valid electronic certifkates of authentication/attestation by the Clerk;
7: Motion for Declaratory Mandate in re: Establishment of CM/ECF at the USDistrict Court through the General Order 08-02 amotmts to Deprivation ofRights;8: Request for Incorporation by Reference; and9: Request for pennission to obtain CWECF password.2. Prior to lmplementation of PACER and CM/ECF, Certificates of Service by theClerk were employed by the Court as Certificates of authentication/attestation
by the Clerk of the Court.
Prior to implementation of PACER and CWECF (the Court's case management andelectronic filitlg system), the US District Courts employed Certificates of Service by the
Clerk as authentication records.
General Order 08-02, lI. Electronic Filing, (O) Certification of Electronic Documents,
of the District Court, Central District of California, in pertinent parts states'0. Certilkation of Electronic Docllments. Ptlrsuant to Federal Rttles of Civil
Procedure 44(a)(1) and 44(c), the method of electronic certification described herein
is deemed proof of an oflkial court record maintained by the Clerk of Court.The NEF contains the date of electronic distribution and identification of the UnitedStates District Court for the Central District of California as the sender. An encryptedverifkation code appears in the electronic docllment stnmp section of the NEF. The
electronic docllment stamp shall be used for the purpose of conGrming the
authenticity of the transmission and associated docllmentts) with the Clerk of Court
as necessary. When a docllment has been electronically filed into CWECF, theofficial record is the electronic recording of the docllment kept in the custody of the
Clerk of Court. The NEF provides certification that the associated docllmentts) is a
3/9
5: MOTION FOR A DECLARATORY MANDATE:TllE NEFS ARE PUBLIC RECORDS
Case: 10-56634 01/06/2011 ID: 7604322 DktEntry: 43 Page: 3 of 7

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