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United States Court of Appeals
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Fax No. (202)219-8530
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Appellant Strunk Declaration in support of request for an expedited appeal for 10=5082=cv time is of the essence with imminent irreparable h a m in as the conduct of the 2010 Census under color of 13 USC §141,13 USC §195 and related law for the 2 USC 52a allotment of US. House of Representative seats to each State of the several States.
I , Christopher-Earl Strunk in esse declare under penalty of perjury with
28 USC s1746:
1. That Declarant is the Appellant herein appeal case IO-5082-cv and is
self-represented without being an attorney.
2. This declaration is in support of the emergency motion for an expedited
appeal as time is of the essence with imminent irreparable harm in the conduct of the 2010 Census under color of 13 USC §141,13 USC SI95 and related law for the 2 USC §2a allotment of U.S. House of Representative seats to each State of the several States by the deadline in December 2010.
3. That the Court has afforded Dectarant until May 17,2010 to make
procedural motions in regards to this appeal and that Appellant understands that the United States Court of Appeals for the District of Columbia Circuit has approved a procedure that allows qualifying appeals to be placed in a "stand-by pool" of cases. This case will be used to fill gaps in the argument calendar caused when calendared cases are terminated prior to oral argument. Placement in the pool wilt not result in delay of your appeal and may result in significant expedition. To qualify for inclusion in this pool the
following conditions must be met within 30 (thirty) days of docketing:
All parties must stipulate that they do not object to inclusion in the stand-by pool (see form attached)
All parties must stipulate to a briefing schedule on the form
provided. The parties should be aware that the chances of expedition are increased to the extent they agree to shorter briefing periods.
All parties must stipulate that they will not file any
4. If these conditions are met, the case, if othefwise appropriate, will be
placed in the first available gap in the calendar. Counsel is assured at least three weeks notice prior to scheduling. If counsel is unavailable for the selected date, the case will be placed on a normal nonexpedited track. If no
gap emerges, every effort wift be made to calendar the case so that
consideration is not detayed.
5. That Declarant requests oral argument as this case is appropriate for
oral argument and even though the Court will not ordinarily include in the "stand-by pool" cases that are inappropriate for oral argument, see D.C. Cir.
Rule 3 ( ) or cases that require special internal management pursuant to 4j,
this Court's Civil Appeals Management Plan.
6. That Declarant filed a preliminary statement by May 3,2010 with the Clerk of the Court and that Statement of issues to be Raised are:
7. That Appellant seeks to make an expedited emergency motion with
time as the essence with irreparable harm in that the court made an error
209 regarding 13 USC I 4 1 and Pub. L. 105-1 19, title 11, $j b thru e, Nov. 26,
1997, 111 Stat. 2480:
(b) Any person aggrieved by the use of any statistical method in violation of the Constitution or any provision of law (other than this Act), in connection with the 2000 or any later decennial census, to determine the population for purposes of the apportionment or redistricting of Members in Congress, may in a civil action obtain declaratory, injunctive, and any other appropriate relief against the use of such method. (c) For purposes of this section(1) the use of any statistical method as part of a dress rehearsal or other simulation of a census in preparation for the use of such method, in a decennial census, to determine the poputation for purposes of the apportionment or redistricting of Members in Congress shall be considered the use of such method in connection with that census; and (2) the report ordered by title Vlll of Public Law 105-18 and the Census 2000 Operational Plan shall be deemed to constitute final agency action regarding the use of statistical methods in the 2000 decennial census, thus making the question of their use in such census sufficiently concrete and finat to now be reviewable in a judicial proceeding. (d) For purposes of this section, an aggrieved person (described in subsection (b)) includes(1) any resident of a State whose congressional representation or district could be changed as a result of the use of a statistical method chaHenged in the civil action; (2) any Representative or Senator in Congress; and (3) either House of Congress. @)(I)Any action brought under this section shalt be heard and determined by a district court of three judges in accordance with section 2284 of title 28, United States Code. The chief judge of the United States court of appeals for each circuit shall, to the extent practicable and consistent with the avoidance of unnecessary delay, consolidate, for all purposes, in one district court within that circuit, all actions pending in that circuit under this section. Any party to an action under this section shall be precluded from seeking any consolidation of that action other than is provided in this paragraph. In selecting the district court in which to consolidate such actions, the chief judge shall consider the convenience of the parties and witnesses and efficient conduct of such actions. Any final order or injunction of a United States district court that is issued pursuant to an action brought under this section shalt be reviewable by appeal
directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under this section may be issued by a single Justice of the Supreme Court. (2) It shall be the duty of a United States district court hearing an action brought under this section and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any such matter.
8. That Appellant seeks to make an expedited emergency motion with
time as the essence with irreparable harm in that the court made an error regarding 73 USC 195 arbitrary and capricious data collection during the enumeration.
9. That Appellant seeks to make an expedited emergency motion with
time as the essence with irreparable harm in that the court made an error regarding 2 USC §2a that New York had 47 Electoral college members in
1940 and starting in 1950 were reduced when New York population was say
10 million persons then increased to say 19 million persons but was reduce
to 31 electoral college members, now projection to be reduced without
population reduction to 29 in the current enumeration and altotment, without provision of substantive due process required by the 14"Arnendment $j 2.
That appellant requires a declaratory judgment for the matter of
use of tourists whose usual residence is i a foreign nation, diplomats and n
related persons who are neither citizens and or permanent resident aliens in
the provision of allotment of US House seats as time is of the essence due
by December 2010 as a compelling state matter of interest with the 9 t h and
with the 14" Amendment related taw; and Declarant will expedite to the
SCOTUS accordingly hereafter if necessary needs sufficient time.
That Appellant has no other avenue to seek relief except herein
and is entitled to an expedited schedule in order that the case either may be rapidly remanded or heard de novo here in that this court does have a three
judge panel that was unreasonably denied below at district as time is of the
essence with imminent irreparable harm will result without the relief requested, which is that eighty pfus years after 2 USC 32a was passed to rebatance the house seats after 20 years of outrageous neglect the US House has been transformed into a chamber of tyrannical reign with impunity and without the consent of the people by a Constitutional amendment for 2 USC 52a; representation was devised and guaranteed in the Ratio IHouse member per 30,000 persons now is outrageously in most States 1 House Member per more than 630,000 persons and that when combined with outrageous gerrymandering of such allotment at the State level results in the guarantee of the permanent reign of a House member for
life terms ii?that the individiiaf voter has no reasonable expectation of
success 8r participation in the e k t i o i i or ckallengs of inciimbent representation has been turned h t a~crony patrsnagz sjstem barri~g
sleeping with a dead person, chifdren of the same sex or outrageous acts of
bribery and infamy.
That Declarant demands that New York with a significant larger
population each ten years since 1940 is entitted to at feast to maintain the same House seats as in 1940 and accordingly that the entire House be ordered enlarged in proportion tu the population as intended by the US. Constitution Article I Section 2 as well as the
14fhAmendment that is
thereafter to protect; and that the 2 USC 52a rebatancing formula devised
from the I912 allotment be declared unconstitutional and or limited in use
based upon no State losing representation without a proportional reduction
in population accordingly as is the intent of the Constitution.
And for such other and further relief as the court may deem just
f declare under penalty of perjury with 28 USC 1746 that the foregoing is
true and correct and respectfully submitted for expedited action by all parties involved. Dated: M a y g , 2010 Brooklyn, New York
Christopher-Earl: Strunk in esse 593 Vanderbilt Avenue - #281 Brooklyn., New York 11238 (845) 901-6767 Email: chris(j3strunk.w
UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT
333 Constitution Avenue, NW
Washington, DC 20001-2866
Phone; 202-216-7000 I Facsimile: 202-219-8530
STlPULA1[ION TO BE PLACED IN STAND-BY POOL OF CASES
The parties in the above case(s) state that they jointly agree to have this appeal placed in a pool of cases to be slotted into openings that become available on the court's catendar. The parties jointly stipufate to the following:
they wish to be placed in the pool; they waive the filing of dispositive motions; they propose and will follow the briefing schedule as outlined below; and no motions for extensions of time will be filed by any party.
Complete only one of the foftowing briefing formats.
Standard Briefing Schedute
AppeIlant(s)/Petitioner(s) Brief and Appendix
I ntervenar(s) Brief
Appellant(s)lPetitioner(s) Reply Brief, if any
The parties shatt file their briefs on the due date. Maifing on the due date will not suffice.
USCA Form 74 August 2009 (REVISED)
Briefing Schedule with a Deferred Appendix.
Intewenor(s) Brief Appellee(s)'/Resp~t%eIW(s)*B rief
__ -_ -.
Appellant(s)/Petitioner(s) Reply Brief, if any
Final Briefs of All Parties
The parties shall file an original and five copies of initial briefs, eight copies of the joint appendix and an original and eight copies of the final briefs. Briefs shall be filed on the due date. Maifing on the due date will not suffice.
Firm Self represented without being an attorney
Address 593 Vanderbilt Avenue -281 Brooklyn NY 11238
Name of Party Represented
Name of Counsel (Print)
Name of Party Represented
An original of this stipulation should be submitted within 30 days from docketing of the case to:
Clerk U.S. Court of Appeats for the D.C. Circuit 333 Constitution Avenue, N.W. Washington, D.C. 20001
U S . Court of Appeals for the District of Columbia
CERTIFICATE OF SERVICE
On May 12,2010, I, Christopher Earl Strunk, under pmalty of perjury pursuant to 28 USC 1746, caused the service of a copy of the Appellant's emergency motion for an expedited appeal for 10-5082-c~ time is of the essence with imminent irreparable harm in the as conduct of the 2010 Census under color of 13 USC §141,13 USC $195 and related law for the 2 USC §2a allotment of U.S. House of Representative seats to each State of the severai States declared May 12,2010 as a complete set of which each placed in a seafed folder properly addressed with proper postage sewed by USPS mail upon:
Wynne P. Kelly
Assistant United States Attorney 555 4th St., N.W. Washington, D.C. 20530
Ms. Maria J. Rivera, Esq.
Texas Office Of The Attorney General
P.O. Box 12548 Austin, TX 78711
John Michael Bredehoft, Esq. KAUFMAN & CANOLES, P.C. 150 West Main Street - POB 3037 Norfolk, VA 23514
John Marcus McNichols, Esq. WILLIAMS ti CONNOLLY, LLP 725 12th Street, NW Washington, DC 20005
Seth E. Goldstein, Deputy Attorney General California Department of Justice Office of the Attorney General 1300 "I" Street - Suite 125 Sacramento, California 94244-2550 Stephen Kitzinger, Assistant Corporation Counset New York City Law Department Office of Corporation Counsel 100 Church Street New York, New York 10007
1 do declare and certify under penalty of perjury:
Dated: Grookiyn, New York May@)- 2010
Christopher- Earl : Strunk in esse 593 Vanderbilt Avenue - #28i Brooklyn., New York 11238 (845) 901-6767 Ernail: firstname.lastname@example.org
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