Case 2.

10-cv-02216-FCD-DAD Document 8

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Pamela Bamett, Pro se Plaintiff 2541 Warrego Way Sacramento, CA, 95826 Telephone: (415)846-7170 Pb-realestate@yahoo.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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PAMELA BARNETT, Plaintiff,
Civil CASE: 10-cv-02216-FCD-DAD

v.
DAMON JERRELL DUNN, etc., et al., Defendants. SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

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) ) v. ) Damon Jerrell Dunn (A.K.A. Damon Dunn); ) Debra Bowen individually and afficiallyas ) The California Secretary of State; ) NEAL KELLEY officially as The Orange ) ) County Registrar of Voters; Edmund G. Brown Jr. (AK.A. Jerry Brown) ) Officially as the California Attorney General) ) and individually; U.S. Election Assistance ) Commission; and John and Jane Doe($) ) ) Defendants )

Pamela Barnett

Case No. 34-201040077415

Plaintiff,

with Cal. Election Code $2150(a)(lO)(b) $2153, $2154 related to NVRA I HAVA Law and Cal. Election Code $18203, $18500 and §I8501 violations with request for Jury trial on facts to determine civil damages

PWNTIFF Pamela Bamett DECLARATIONIN RESPONSETO THE EAC NOTICE OF REMOVAL WITH 28 USC 51442 (a) 1
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1, Pamela Barnett, declare under penalty o perjury, pursuant to 28 U.S.C. s1746: f

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Plaintiff Response to EAC Petition for Removal Page 1 of 4

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Case 2:IO-cv-02216-FCD-DAD Document 8 1.

Filed 08125110 Page 2 of 5

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Dedarant I Plaintiff in esse is pro se herein without being an attorney. That Dedarant hereby responds to the U.S. Election Assistance

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Commission and its director Thomas Wilkey (EAC) represented by Assistant U.S. Attorney Yoshinori H. T. Himel ofthe United States Attorney's Office in Sacramento having fhed on August 17,2010 the NOTICE of REMOVAL with 28 USC 51442 (a) 1 from Sacramento Superior Court, case number 34-2010-00077415; and that the United States is requesting from the state court a copy of that couffs pleading file, for filing with 28 U.S.C. §1447(b) with this Court's Clerk upon receipt from that court.

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That Plaintiff conditionally opposes such petition for removal on the

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grounds that damages exceed $10,000.00 as referenced to 28 USC 514.46; that Plaintiff as a California Republican is damaged and is among a class of those California Republicans who individually contributed under false pretense to the campaign of Defendant Damon Dunn who is alleged with intent to defraud other Republican Candidates damaged at the Republican Primary held June 8.2010; and 4. That Plainti suffers irreparable harm with time as the essence because

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the ongoing challenge as before the Primary and now after the Primary is without a timely fair hearing in State Court as to the ballot status of Mr. Dunn that as a matter of law requires a hearing on the presentment of certain facts there denied, and with imminent irreparable harm were the Ballots to be printed to proceed to the General Election without Plaintiff's requested relief granted befofe that printing i done for the s November 2,2010 General Election for State and Federal Officers to proceed; and
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That notwithstandingthe issues of damage, that Plaintiff has standing with

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42 USC Section 1973GG-9: Civil enforcement and private right of action and as related State law similarly adopted to be here as in State Court if the Petition were

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Plaintiff Response to EAC Petitionfor Removal - Page 2 of 4

Case 2:lO-cv-02216-FCD-DAD Document 8

Filed 08/25/10 Page 3 of 5

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 of Republicans in violation of 42 USC §1981,§1983. §1985(3) and 51986; and

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Despite the requirements of 42 USC 51973C: as to alteration of voting

qualifications and procedures by arbitrary and capricious action under color of state law by State or political subdivision for declaratory judgment on denial or abridgement of voting rights, Plaintii is entitled to a three-judge district court with appeal to Supreme Court; as to Section 19731(c)(d): Prohibited acts ,with breach of 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 have been printed; and
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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 and damages with an expedited declaratoryjudgment on equity issues as to liability

Plaintiff Response to EAC Petition for Removal - Page 3 of 4

Case 2:IO-cv-02216-FCD-DAD

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Filed 08125110 Page 4 of 5

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.

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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 substantive due p r o m as if persons under the notorious Jim Crowlaws.; 10. 11. 12. That the facts prove Damon Dunn acts with intent to commit a crime; That the fads prove State Defendants act with intent to commit a crime. That the Law provides the Court with a remedy for relief and That all Defendants must be barred from the ballot and W i n g &ice. That the Ballot must be printed with the next runner up in the Republican

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Primary for Secretary of State;

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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 award, costs of the proceeding and Attorney fees as necessary; and 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 State of California and of the several States 17.
1 do solemnly declare under penalty o pajury with 28 USC 91746 and the f

laws of the State of California thii date ~ u g u s t 2 2010 in the County of 2
Sacramento, that the facts and circumstances described above are m e and correct
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to the best of my knowledge.

V ~ a a a r n e n GCA. 95826 , Telephone: (415)8467170

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Plaintiff Response to EAC Petition for Removal- Page 4 of 4

Case 2:lO-cv-02216-FCD-DAD Document 8

Filed 08/25/10 Page 5 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BARNETT v. DUNN et al. Civil CASE: 10-cv-QZ216-FCD-DAD CERTIFICATE OF SERVICE On August 24,2010.1, Tony F. Andrade Jr., under penalty of perjury pursuant to 28 USC 1746, 1. That Dedarant is over 18 years of age and not a party herein; 2. Dedarant caused the service of five (5) copies of the PLAINTIFF Pamela Bamett DECLARATION IN RESPONSE TO THE EAC NOTICE OF REMOVAL WITH 28 USC $1442 (a) 1 signed August 24, 2010, and did place each complete set in a sealed folder properly addressed with proper postage to be served by USPS mail upon: Yashinori H. T. Himel United States Attorney's Mfice 501 I Street, Suite 10-100 Sacramento, CA 95814 Brian T. Hildreth Bell, McAndrews 8 HILTACHK, LLP 455 Capitol Mall. Suite 801 Sacramento, CA 95814 Anthony Paul O'Brien Attorney General's Office for the State California Department of Justice 1300 1 Street, 944255 Sacramento, CA 94244-2550

Nicholas S. Chrlsos, NCAED Orange County Counsel 333 West Santa Ana Boulevard Suite 407 Santa Ana, CA 92702-1379 Clerk of the California Superior Court County of Sacramento 720 9th Street Sacramento, CA S814

I do declare and certify under penalty of pejury:
Dated: August 2 4 Sacramento 44151 Flagstaff Dr. ~ a n c h o ~ u r i eCA, 95683 ta Phone: 916.230.2123
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