Christopher B. Julian
474 Orchard View Drive
Ararat Virginia, 24053
Pro Se Plaintiffs
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
|Christopher B. And Renee G.
Bank Of America N.A. Et Al
|Case Number: 3:16-CV-173
Letter to the Honorable Judge Robert J. Conrad
Requesting the Courts ruling on the Motion to Proceed In Forma Pauperis
Letter requesting the Courts ruling on the prior motion to proceed In Forma Pauperis.
Plaintiffs Christopher B. and Renee G. Julian; here and after referred to as Plaintiffs, respectfully request the Honorable Judge Robert J. Conrad rule on the motion to proceed In Forma Pauperis (IFP) Docket item 2 based on the following justifications.
This Case 3:16-CV-00173 has been on the court’s docket four months.
If the court finds Plaintiffs financially eligible and the complaint meritorious Plaintiffs believe they have a fundamental right under the 7th Amendment for the case to continue and the court should require issuance and service of process. If the court finds for any reason the complaint is deficient then the court should allow for amendment of the complaint unless its deficiencies cannot be cured. Plaintiffs would request if the court finds for any reason the complaint deficient Plaintiffs’ be granted a request for leave of Court to amend the complaint.
This Case has potential to assist Plaintiffs with legal aid in the Prosecution of another Federal case in the Publics interest.
Plaintiffs informed the Court in the Complaint “C” Docket (DKT) Item # 1 at p.6 footnote 1. Plaintiffs would again bring Racketeer Influenced Corrupt Organization Act (RICO) charges against the United States Department of Agriculture (USDA). Additionally, in “C” p.41 footnote 17 RICO Provides for a civil cause of action and places the Plaintiff into the role of a prosecutor. And at “C” p.47 footnote 18 Defendants in this instant case may site the USDA for contributory negligence. Consequently, Plaintiffs believe Counsel for the Defense in this instant case would have compelling reason and standing to assist Plaintiffs, in the RICO prosecution of the USDA.
The Initial predicate acts of the RICO filing occurred in October of 2012 and as the Supreme Court has shortened the RICO statutes, statute of limitations, to four years. See Rotella v. Wood et al., 528 U.S. 549 (2000). Pro Se Plaintiffs have concerns about the Statute of Limitations for refiling of the RICO Complaint and effects of the RICO’S continued operation on others. True, Plaintiffs originally filed September 2013, and believe the Courts should grant equitable tolling for the statute of limitations but, that remains a concern and Plaintiffs believe the Defense Counsel in this instant case could provide significant legal expertise in the prosecution of the RICO case in the Publics interest.
Legal Expertise and the Poor’s need for assistance.
The importance of legal expertise in protecting civil rights laws and assistance with the Legal cost are detailed in the Civil Rights Attorney’s Fees Awards Act of 1976. Where legislators stated see: S. Rep. 94-1011 p.6 (1976).
“In many cases arising under our civil rights laws, the citizen who
must sue to enforce the law has little or no money with which to hire a lawyer. If private citizens are to be able to assert their civil rights, and if those who violate the Nation’s fundamental laws are not to proceed with impunity, then citizens must have the opportunity to recover what it costs them to vindicate these rights in court.”
“Congress has instructed the courts to use the broadest and most effective remedies available to achieve the goals of our civil rights laws.”
“If the cost of private enforcement actions becomes too great, there will be no private enforcement. If our civil rights laws are not to become mere hollow pronouncements which the average citizen cannot enforce, we must maintain the traditionally effective remedy of fee shifting in these cases.”
As a Pro Se with little or no money, as the motion for IFP purported; Plaintiffs have found the cost of private enforcement actions too great, and the Civil rights laws protecting the peoples fundamental rights hollow. Taking on the U.S. Federal Government in legal action was of no interest to law firms who insisted on compensation rates from $200 to $800 dollars an hour to look at the cases potential. Consequently, Plaintiffs were and are monetarily prohibited at shopping the RICO case, and legal firms are not willing to review a cases potential, free of charge, nor were they interested in long term potential litigation efforts against the U.S. Government for potential future compensation. Consequently, Plaintiffs have handled all the legal efforts as Pro – Se now for more than 3 years against the largest law firm in the Nation. The benefit of legal assistance cannot be understated, which brought Plaintiffs to realize this instant case creates a common interest with Defendants legal counsel to pursue prosecution of a Government run criminal enterprise. The Courts delay in responding to the Motion to proceed IFP denies Plaintiffs potential access to much greatly desired legal assistance if the court finds the case meritorious.
Prompt litigation to combat racketeering is an obvious objective against the legitimate business activities of organized crime.
The Supreme Courts justification for the shortening of the Statute was because eliminating racketeering the sooner the better is a proper objective see Rotella v. Wood et al., 528 U.S. 549(2000) and Footnote 3 of ¶557
“This objective of encouraging prompt litigation to combat racketeering is the most obvious answer to Rotella’s argument that the injury and pattern discovery rule should be adopted because “RICO is to be read broadly” and “ ‘liberally construed to effectuate its remedial purposes,’ ” Sedima, S. P. R. L. v. Imrex Co., 473 Pub. L. 91–452, § 904(a), 84 Stat. 947).”
Furthermore, in the Supreme Court decision of Agency Holding Corp. v. Malley-Duff & Associates][107 S.Ct. 2759, 483 U.S. 143, 151 (1987)] : The Supreme Court stated:
“The antitrust laws now provide a well established vehicle for attacking anticompetitive activity of all kinds. They contain broad discovery provisions as well as civil and criminal sanctions. These extraordinarily broad and flexible remedies ought to be used more extensively against the `legitimate’ business activities of organized crime.” 113 Cong. Rec. 17999 (1967).
And of particular interest should be the citations of the congressional intent. “be used more extensively against the `legitimate’ business activities of organized crime.” And “Congress has instructed the courts to use the broadest and most effective remedies available to achieve the goals of our civil rights laws.”
Plaintiffs request the court rule on the Motion to proceed In Forma Pauperis, effecting process of service or alternatively, to dismiss the case for lack of merit, or identify the Complaints deficiencies and grant Plaintiffs leave to amend. Furthermore, Plaintiffs request the courts acknowledgement of the connection and intent for equitable tolling in the Plaintiffs RICO case. Continued delay, is a delay of fundamental rights, inflicting further emotional distress, continued financial distress, delaying potential access to legal aid, further potential harms to discovery, and prescribes to an appearance of prejudicial treatment. Plaintiffs respectfully request the Court realize, Plaintiffs assume, had the court found the complaint significantly lacking in merit the Court would have already dismissed the case.
 Emphasis Added.
 Emphasis Added.
Up-Date 10-7-2016- On September 27th Judge Robert J. Conrad denied after more than 5 months on the docket, A friendly nudge of the court clerk at 3 months, and a month after receiving this letter the request to proceed in forma Pauperis. This is interesting for both its timing; the day after court of Appeals in the Federal Circuit made their lies final. see: federal-court-opinion-balances-scales-of-justice-with-lies & petition-for-rehearing-denied AND On three prior occasions the Federal Courts granted In Forma Pauperis status, the last one was granted 2 days prior to this filing, with the same financial information. Go Figure? Today the Court Fees were paid and the summons issued. Yesterday, morning the court received via certified mail see USPS Confirmation a motion for the court to reconsider its ruling. It’s interesting and reeks of impropriety that the court docketed the motion as received on 10-7-2016 when USPS confirmed delivery on 10-6-2016. and the Signed receipt for delivery shows received 10-6-2016 Interesting, it was docketed and stamped received 10-7-2016 today after the court fees were paid . The facts unfolding in this court suggest we are once again destined to be treated with impropriety. This ruling while not what we would of liked does suggest three key things. Note: we paid the filing fee after submitting a motion to reconsider the IFP order because, we believe the IFP order to have been a function of will and not one of judgement. A judge can never change his will only an inappropriate judgement. The Court for all the aforementioned events has forfeited rights to respect.
- The judge must have found the case to have merit.
- The judge did not find the filing deficient but, we shall see the replies and how there handled.
- The Judge must have found the defendants owed plaintiffs the duty of care in the negligence allegations. We shall see.