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Appellate Case: 10-3243 Document: 01018518173 Date Filed: 10/19/2010 Page: 1

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UNI::fE';~j~TES COURT OF APPEALS


,- FYWIAfHIFliTH CIRCUIT
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PRO SE DOCKETING STATEMENT

INSTRUCTIONS: Appellant must complete the entire docketing statement form and attach
copies of the following documents: (1) the notice of appeal; (2) the order or judgment being
appealed; and (3) any written findings, conclusions or order of the trial court relating to the
order of judgment being appealed. The completed docketing statement, together with the
attachments, must be filed with the clerk of the court of appeals within 14 days after filing the
notice of appeal. A copy of the completed docketing statement, with attachments, must be
served on all opposing parties or their counsel. Proof of service must be provided. You must
complete the certificate of service which is part of this form.

1. Your name, address, including registration number if applicable:

Carrie Neighbors

1104 Andover

Lawrence, Kansas 66049

2. Title and number of district court case: U.S. v. Carrie Neighbors 07-20 124-CM

3. Name of the district court: USDC for the District of Kansas

4. The dates on which the district court order and your notice of appeal were filed:
Order given on: 09/22/2010
Notice of Appeal filed: 09/23/2010

5. Type of action:

_ _ _ _ _ habeas corpus

X § 2255 motion

- - - - - motion to reduce sentence

_ _ _ _ _ civil action for damages

_ _ _ _ _ other [specifY]

Appellate Case: 10-3243 Document: 01018518173 Date Filed: 10/19/2010 Page: 2

6. State briefly the relief you requested in the district court and the reasons why you
are entitled to such relief: Facts did not support the verdict, Altered or enhanced
evidence allowed without verification, Speedy Trial Issues, Prejudicial issues, including
allowing voluminous circumstantial evidence and witnesses during trial, in which
Prejudiced the jury, violations ofFRE, denial of equal access to justice, violations of due
process rights allowed under the 14th Amendment, allowed prosecution to continue to file
for competency issues (4) times, in which had caused unnecessary delays, and prejudiced
the cause of action.

7. State briefly the reasons why you feel the decision ofthe district court should be
Reversed: See ref, 6.

8. Did you have a hearing in the district court? Most ofthese issues-No Hearing
allowed USDC for the District ofKansas just denied Motions without allowing redress.

9), Is there any new case law that will alter or change the verdict of this case? USDC
Middle District a/Florida Case No. 6:01-cr-134-OrI-31DAB U.S. v. ANTONINO EUGENE
LYONS (DeciSion given on July 20, 2010)

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0..3 Pro Se Docketing Statement 012/09 Page 2


Appellate
..
Case: 10-3243 Document: 01018518173 Date Filed: 10/19/2010 Page: 3

CERTIFICATE OF SERVICE
[Pursuant to KSA 60-205]

The undersigned also hereby certifies that a true and correct copy of the foregoing
document in the above captioned matter was deposited in the United States mail, first class
postage prepaid, addressed to:

Office of the Clerk


Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257

Cheryl A Pilate
Melanie Morgan LLC
Defendant [2] counsel ofrecord
142 Cherry
Olathe, Kansas 66061

Marietta Parker
Terra Morehead
U.S. Attorneys
500 State Ave.
Suite 360
Kansas City, KS 66101

lohnDuma
303 Poplar St.
Olathe, Kansas 66061

Carrie Neighbors
Defendant [1] / Pro Se Litigant
1104 Andover
Lawrence, Kansas 66049
(785) 842-2785
Appellate Case: 10-3243 Document: 01018518174 Date Filed: 10/19/2010 Page: 1

Carrie Neigbbors 10' C'


Defendant [1] I Pro Se Litigant 2010 OCT /9 '.1;

1104 Andover
11/1 if): 26
Lawrence, Kansas 66049
(785) 842-2785

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

Office of the Clerk

Byron White United States Courthouse

1823 Stout Street

Denver, Colorado 80257

UNTIED STATES OF AMERICA

Plaintiff,

v. 10th Circuit Case No: 10-3243


USDC of Kansas Case No: 07-20124-CM

CARRIE NEIGHBORS,

Defendant 1,

GUY M. NEIGHBORS

Defendant 2,

REQUEST FOR NEW APPOINTMENT OF COUNSEL

COMES NOW on this J5 th day Of~~~OlO, the Defendant [1], Carrie


Neighbors, acting as a pro se litigant is giving notice that she is filing a Request for New

Appointment of Counsel, in which she is requesting the 10th Circuit Court of Appeals appoint

new counsel for her Appeal, due to the conflict of interest, in this cause of action. The Request is

as follows:

1). That her prior counsel John Duma had proffered against her in court, and she requested

that he be dismissed as counsel, as in her Marsden Motion. [See ref. Doc. 224J

Request for New Appointment of Counsel. Page 1


Appellate Case: 10-3243 Document: 01018518174 Date Filed: 10/19/2010 Page: 2

2). The USDC for the District of Kansas appointed him as stand-by counsel, in which

presented a conflict of interest, in which will arguments will be addressed in the brief, and / or

reply brief, on this issue for ineffective counsel.

3). The counsel John Duma had failed to object to issues, or challenge motions, or

pleadings filed by the Prosecution, in which had shown he was ineffective. (Inclusive was the

bond revocation, or mental evaluations without supporting affidavits, new evidence or surprise

witnesses brought in without a warrant, or the enhancement of the video without verification, or

the failure of the prosecution to turn over all the discovery, after Officer Mickey Rantz testified

that 120 videos had not been turned over to the Defense)

THEREFORE the Defendant [1], Carrie Neighbors, acting as a pro se litigant is giving

notice that she is filing a Request for New Appointment of Counsel, in which she is requesting

the 10th Circuit Court of Appeals appoint new counsel for her appeal, due to the conflict of

interest, in this cause of action.

Respectfully submitted,

Carne Neighbors
Defendant [1] / Pro Se Litigant
1104 Andover
Lawrence, Kansas 66049
(785) 842-2785

Request for New AppOintment of Counsel. Page 2


Appellate Case: 10-3243 Document: 01018518174 Date Filed: 10/19/2010 Page: 3

CERTIFICATE OF SERVICE
[Pursuant to KSA 60-205]

The undersigned also hereby certifies that a true and correct copy of the foregoing
document in the above captioned matter was deposited in the United States mail. first class
postage prepaid, addressed to:

Office of the Clerk


Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257

Cheryl A Pilate
Melanie Morgan LLC
Defendant [2] counsel ofrecord
142 Cherry
Olathe, Kansas 66061

Marietta Parker
Terra Morehead
U.S. Attorneys
500 State Ave.
Suite 360
Kansas City, KS 66101

Respectfully submitted,

Request for New Appointment of Counsel. Page 3


Appellate Case: 10-3243 Document: 01018518175 Date Filed: 10/19/2010 Page: 1