The Notice of Assignment to Judge Thomas Griesa (Dkt #5) bears no valid signature of the clerk, and is therefore invalid. The invalidity of the Notice of Assignment renders the conduct of Judge Griesa in the entire case of no authority at all, and further undermines the integrity and validity of the the entire litigation. The invalidity of the Notice of Assignment to Judge is also typical of the records employed for commencing Simulated Litigation in the US courts.
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It should be noted that the 2006 attempt to impeach US Judge Manuel Real of the US District Court, Central District of California, originated in his conduct in a case, where he acted with no lawful assignment. [xxiv]
Denial of public access to authentication records
The service of judicial and clerical records, as well as the documentation of the service are essential for their authentication and for rendering them of force and effect. Accordingly, the Federal Rules of Civil Procedure, Rule 5, prescribe that the Certificates of Service be filed and docketed.
As shown in the case of NML Capital v The Republic of Argentina , and in all cases under electronic filing in the US courts today, valid Certificates of Service are no longer docketed and are not accessible to the public as part of the courts' records in PACER. Therefore, the public and even parties to litigation cannot distinguish between valid and void court records.
Such profound changes in the fundamentals of Due Process render court records and the judicial process vague and ambiguous, and enable the routine conduct of Simulated Litigation. These profound changes in court procedures were implemented by the US judiciary with no lawful authority at all, concomitantly with the establishment of electronic filing.
Traditional paper Certificate of Service by the Clerk of the Court in Wright v Bank of America (10-cv-01723), US District Court, Northern District of California. The record included a certification statement, "I certify"", as well as the name and authority of the individual executing the certification - Deputy Clerk. However, the document shown here is invalid, since it is missing a valid signature of the Deputy Clerk. The certification records were an essential part of the public records in the paper court files. In contrast, under electronic filing, the US judiciary instituted Notices of Electronic Filing (NEFs) as the replacement of the Certificates of Service, and at the same time deny public access to the NEFs.
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Notice of Electronic Filing ["NEF"] in the US district courts are considered by the US courts the authentication instruments in the IT systems, established by the Administrative Office of the US Courts through the dual public access and case management/electronic filing systems (PACER & CM/ECF, respectively). The NEF replaced the traditional, paper Certificate of Service, or Proof of Service. Therefore, the NEF is of critical significance relative to the validity, force and effect of judicial minutes, orders and judgments.
Notice of Electronic Filing (NEF), pertaining to Petition for a Writ of Habeas Corpus - Dkt #1, in Richard Fine v Sheriff of Los Angeles County (2:09-cv-01914), US District Court, Central District of California. The NEF shown here includes an "Electronic Document Stamp" (an alpha-numeric checksum string), which pursuant to General Order 08-02 of that court, verifies the authenticity of the respective court record. [xxv] With it, one should note that the NEF is invalid as a "Certificate of Service" on its face: The record fails to include: a) A certification statement, "I certify" , b) The name and authority of the individual who executed it, and c) A valid signature of such individual. Furthermore, in contrast with the paper Certificates of Service, which were part of the case docket, the NEFs are excluded from the PACER docket in disregard of US law, and public access to the NEFs is denied. The 70 year old former US prosecutor Richard Fine exposed and rebuked the taking by California judges of "not permitted payments", which were called by media "bribes". Fine was falsely imprisoned for 18 months in solitary confinement in 2009-10 by Sheriff Lee Baca of Los Angeles County, with no lawful records conforming with the fundamental requirements of law . [xxvi] His Habeas Corpus petitions were subjected to simulated review by the US District Court, Central District of California, the US Court of Appeals, 9th Circuit, and the US Supreme Court.
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Notice of Electronic Filing (NEF), pertaining to Mandate of the US Court of Appeals, 9th Circuit - Dkt #59, in Richard Fine v Sheriff of Los Angeles County (2:09-cv-01914), US District Court, Central District of California. The NEF in this case is i nvalid, missing the "Electronic Document Stamp". Numerous, similar, invalid NEFs, missing the "Electronic Document Stamp" were discovered in other US district courts. The detailed documentation of the cases, related to the Habeas Corpus actions of Richard Fine in the US courts provide unique demonstration of the abuse inherent in the design and operation of PACER and CM/ECF: 1. A simulated Habeas Corpus review was conducted in the US District Court, Central District of California, where judicial records were filed with NEFs missing the "Electronic Document Stamp". In such invalid, simulated litigation, Magistrate Carla Woehrle and Judge John Walter issued abusive judicial records, which did not comply with the US Constitution and the US law and unlawfully deprived the Liberty of Richard Fine. 2. When Fine filed his actions in the US Court of Appeals, 9th Circuit, taken from such simulated litigation records in the US District Court, the US Court of Appeals responded by conducting a simulated review as well, and by issuing simulated orders and mandates, colluding in the abuse of rights. 3. When the US District Court received such simulated Mandates from the US Court of Appeals, the US District Court docketed them as invalid, simulated judicial records as well, with an invalid NEF, as shown here.
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