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10-56634 #45

10-56634 #45

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Published by Equality Case Files
Doc #45
Doc #45

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Published by: Equality Case Files on Aug 21, 2011
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Case Nos 10-56634 and 10-56813R E c
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,N THE IJMED STATES COURT OF APPEAT
,
SJA#t) s g().:?OR THE NINTH CIRCUIT
FltEnDOCKETED --
Log Cabin Republicans, DATE w
a non-profit corporation,
Plaintt-Appellee/cross Appellant,
VS
United States of America; Robert M Gates,Secretary of Defense, in his oftkial capacity,
Defendants-Appellants/cross Appellees.
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=
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ON APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE CENTRAL DISTMCT OF CMIFORNIANo CV 04-8425, Honorable Virginia A Phillips, Judge
7: INTERVENOR DR JOSEPH ZERMK'S VERIFIED MOTION FOR A
DECLARATORY MANDATE: THE ESTABLISHEMNT OF PACER ANDCM/ECF THROUGH THE GENERAL O#DFA 08-02 OF THE USDISTRICT COURT AMOUNTS TO DEPRIVATION OF RIGHTS UNDERTHE COLOR OF LAW.
Joseph Zernik, PhD
Hllman Rights Alert @GO)
fn Pro Se
2231 South CourtPalo Alto, CA 94301
Telephone: (323) 521-6209Facsimile (213) 261-9881
iz12345@earth1ink.net
Digitally signedby Joseph Zernik
DN: cncuoseph
Zernik, o, ou,
7 . emaiI=jz12345@
earthlinknet
c=U5Date: 2010.12.27
15:06:26 +02'00'
Case: 10-56634 01/06/2011 ID: 7604335 DktEntry: 45 Page: 1 of 23
ALSO Case: 10-56813 DktEntry: 16
 
7: VERIFIED MOTION FOR A DECLARATORY MANDATE: THEESTABLISHEMNT OF PACER AND CMJECF THROUGH THE GENERM
OADFA 08-02 OF THE US DISTRICT COURT AMOIJNTS TO DEPRIVATION
OF RIGHTS UNDER THE COLOR OF LAW.
TO THE COURT ANI) TO PARTYS: lntervenor Dr Joseph Zernik (çEzern1'k'') herein
files his Motion for a Declaratory Mandate: The establishment of PACER and CM/ECF
through the General Order 08-02 of the US District Court amotmts to Deprivation ofRights under the Color ofL w.
1. The concomitantly flled papers should be deemed integral parts of instantmotion.
The following papers were concomitantly filed tmder separate covers:
Request for Leave to File, Notice to Reliably Infonn the Court, and Motion toIntewene;
Request for Lenience by Pro Se Filer;
3: Motion for Declaratory Mandate: The April 24, 2009 Judgment in Zernik v
Connor et al was, is, and always will be void, not voidable.4: Motion for ari Order to Show Cause on USA and Log Cabin Republicans in re:the October l2, 2010 tmcertified Judgment in f og Cabin Republicans v USA et cI:
Why instant Appeals should not be dismissed for lack of jurisdiction and/or
mootness;
5: Motion for a Declaratory Mandate: The NEFS are court records subject to the
First Amendment rights;2/10
7: DENIAL OF PIJBLIC ACCESS TO CWECF AMOUNTS TO DEPMVATION 0F RIGHTS
Case: 10-56634 01/06/2011 ID: 7604335 DktEntry: 45 Page: 2 of 23
 
6: Motion for Declaratory Mandate: The NEF, as drafted, is hwalid as an electroniccertificates of authentication/attestation by the Clerk, the US District Court shall
immediately draft valid electronic certiticates of authentication/attestation by the
Clerk;Motion for Declaratory Mandate: The establishment of PACER and CM/ECFthrough the General Order 08-02 of the US District Court amotmts to Deprivation
ofRights;
8: Request for Incorporation by Reference; and9: Request for permission to obtain CM/ECF password.2. In General Order 08-02, the US District Court established procedures related to
electronic fling and case management
General Order 08-02 established the procedures for electronic sling and electroniccase management and public access to electronic court records in the US District Court,
Central District of Califomia. Two systems were established: a) The Court's online
public access system (PACER), and b) The Court's case management/electronic filing
system (CM/ECF).
lnherent in the General Order 08-02 are various procedures, which materially affectthe rules pertaining to conduct of litigation in the Court, pertaining to authority and
accountability of the Clerk for papers entered in the PACER dockets, pertaining to
cotmsel andprtl se appearance, and pertaining to public access to court records.nerefore, the General Order 08-02 had material impact on matters pertaining toAccess to the Courts, Federal Due Process, and/or First Amendment Rights.3/10
7: DEMAL OF PUBLIC ACCESS TO CM/ECF AMOUNTS TO DEPIUVATION OF RIGHTS
Case: 10-56634 01/06/2011 ID: 7604335 DktEntry: 45 Page: 3 of 23

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