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Case: 11-2292

Document: 00116317453

Page: 1

Date Filed: 01/12/2012

Entry ID: 5610037

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ) ) ) Case No. 11- 2292 Case No. 11-1668 Plaintiff/Appellant/Petitioner ) v. ) MOTION to Clerk of Court & Chief Judge Lynch ) Engage the Advisory Committee - Action needed GERIATRIC FACILITIES ) Intrinsic Corruption / Dishonest Service Fraud OF CAPE COD INC., ) communication procedures that promote corruption d/b/a Pleasant Bay Nursing & ) Formal Certification of Judgment Rehabilitation Center, d/b/a ) Pleasant Bay Nursing Center LP, ) d/b/a Pleasant Bay Health & ) Living Centers; ) JOSHUA ZUCKERMAN; ) RENEE MIKITA; ) ROXANNE WEBSTER ) ) Defendants/Appellees/Respondents ) ) LAURA J. MCGARRY,
Now comes, Laura J. McGarry, the Appellant in the above named actions who is being deprived of her constitutional rights to bring a grievance before the court and due process at the hands of alleged corrupt court staff in violation of multiple Title 18 Federal Crimes as noted in previous documentation to this court of appeals including identity theft to achieve obstruction of justice where no document issued by this court is believed to be by the authority of any sitting judge of this court or a legitimate true court document United States v. Blixt, F.3d , 2008 WL 5003239 (9th Cir. Nov. 26, 2008). The fact that a

Mandate did not follow the June 20, 2011 Judgment in Case No. 11-1668 supplies an excellent basis for the stated allegation along with the fact that this Appellant is quite sure that the Honorable Judges of this Court know that depriving a Disabled American of Constitutional Rights based on a bogus contempt finding achieved through well documented usurpation clearly is not considered good behavior and certainly not good behavior when the decisions of this court were made with documented evidence of multiple acts of fraud by the Defendants and their Defense Attorneys. A request to the Advisory

Case: 11-2292

Document: 00116317453

Page: 2

Date Filed: 01/12/2012

Entry ID: 5610037

Committee via email has been made where all emails to these committee members have been determined to be successfully delivered (text of email attached). The advisory committee appears to be formed by attorneys with exceptional integrity and I have confidence that justice is always their priority and that they would want to ensure the same for the public in the future. Wente, Pagano and Chernetsky are the latest names entered in a search engine over the past two days that brought up documents on my Scribd site where the corruption in this case and the players in fraud, conspiracy, obstruction of justice and multiple other Title 18 Federal Criminal law violations are named; the names Chernetsky and Wente were also entered for in-document searches and Wentes search was followed by the void, not voidable, but void orders entered by the corrupt staff of the USCA1 this morning which denied my Motion to vacate ,AS PER THE LAW, previous VOID, not voidable but VOID orders . Justice that will be eventually achieved will now be further delayed. The provisions of the crimes victims act do not leave this courts obligation to provide a thorough opinion for the denial as an option and that alone is excellent validation of the allegations that this case remains under usurpation at the hands of corrupt staff in collusion with corrupt attorney.

Relief requested, (1) Justice (2) Engage Advisory Committee regarding intrinsic corruption and inadequate communication procedures that promote the corruption (3) Address the misconduct by the staff of this court and the Jackson Lewis Attorneys (4) Mail to my residence a formal mandate certifying the judgment and opinion for both case no. 11-1668 & 11-2292 and enter the Mandates in the ECF s/ Laura J. McGarry, Pro Se Respectfully submitted to the COURT, s/ Laura J. McGarry, Pro Se Laura J. McGarry, Pro Se 1717 Sheridan Road Apt. A- 50 Bremerton, WA 98310

Case: 11-1668

Document: 00116319490

Page: 1

Date Filed: 01/18/2012

Entry ID: 5611204

413-214-1750 late_linda@yahoo.com January 12, 2012 Certificate of Service I, Laura J. McGarry, hereby certify that on January 12, 2012 I electronically filed the foregoing document with the United States Court of Appeals for the First Circuit by using the CM/ECF system. I certify that the following counsel of record with the United States Court of Appeals are registered as ECF Filers and that they will be served by the CM/ECF system: Guy Paul Tully & Brian M. Childs of Jackson Lewis, LLP

Below the corrupt Defense Attorneys entered a response to the above motion. Same filed in both case 11-1668 and 11-2292

Case: 11-1668

Document: 00116319490

Page: 2

Date Filed: 01/18/2012

Entry ID: 5611204

United States Court of Appeals For the First Circuit

No. 11-2292 No. 11-1668 LAURA J. MCGARRY Plaintiff - Appellant v. GERIATRIC FACILITIES OF CAPE COD INC., d/b/a Pleasant Bay Nursing & Rehabilitation Center, d/b/a Pleasant Bay Nursing Center LP, d/b/a Pleasant Bay Health & Living Centers; JOSHUA ZUCKERMAN; RENEE MIKITA; ROXANNE WEBSTER Defendants Appellees

DEFENDANTS RESPONSE TO PLAINTIFFS LETTER AND MOTION FILED JANURY 12, 2012 Geriatric Facilities of Cape Cod, Inc., Joshua Zuckerman, Renee Mikita, and Roxanne Webster (collectively Defendants) file this response to the letter and motion filed by appellant Laura J. McGarry (Plaintiff) in Docket Nos. 11-2292 and 11-1668, on January 12, 2012 (the January 12 Filings). In the January 12 Filings, Plaintiff asks the Court, among other things, to engage the court[]s advisory committee and to address alleged misconduct by Defendants attorneys. This relief, as well as any other relief requested in the January 12 Filings, should be denied, as there is no basis for the requested relief. Additionally, Defendants

Case: 11-1668

Document: 00116319490

Page: 3

Date Filed: 01/18/2012

Entry ID: 5611204

request that the Court issue an order: (1) prohibiting Plaintiff from filing further documents in Docket Nos. 11-2292 and 11-1668 without first obtaining the Courts leave to do so; and (2) revoking Plaintiffs privilege to file documents in Docket Nos. 11-2292 and 11-1668 electronically. The Court should deny the relief Plaintiff requests in the January 12 Filings because Plaintiffs appeals have been dismissed. See judgment and orders dated December 27, 2011. Plaintiff moved to vacate the dismissals, and her motions were denied. See orders dated January 12, 2012. Plaintiffs January 12 Filings do not directly address the fact that the appeals in which she filed these papers have been dismissed. The Court should summarily deny the relief requested in the January 12 Filings because of this, alone. The Court could deny Plaintiffs request that the Court engage the court[]s advisory committee for the additional reason that Local Rule 47.0 of the Local Rules of the First Circuit does not empower a litigant to move the Court to convene the committee established by the rule. Finally, because Plaintiff continues to level scurrilous and baseless accusations at Defendants and their counselthe January 12 Filings are replete with themand because Defendants continue to incur expense related to their counsels responses to such accusations, Defendants request that the Court bar Plaintiff from making further filings in Docket Nos. 11-2292 and 11-1668 without

Case: 11-1668

Document: 00116319490

Page: 4

Date Filed: 01/18/2012

Entry ID: 5611204

first obtaining the Courts leave to make such filings. Defendants further request that Plaintiffs privilege to file documents electronically be revoked because she has so grossly abused that privilege. CONCLUSION For the foregoing reasons, Defendants respectfully request that the Court: (i) (ii) deny the relief that Plaintiff requests in the January 12 Filings; revoke Plaintiffs privilege to file documents in Docket Nos. 11-2292 and 11-1668 electronically; order that Plaintiff may not file any further documents in Docket Nos. 11-2292 and 11-1668 without first obtaining the Courts leave to do so; and grant such other relief as the Court deems just. Respectfully submitted, GERIATRIC FACILITIES OF CAPE COD, INC., JOSHUA ZUCKERMAN, RENEE MIKITA AND ROXANNE WEBSTER By their Attorneys, /s/ Brian M. Childs Guy P. Tully (Bar No. 33114) Brian M. Childs (Bar No. 119135) JACKSON LEWIS LLP 75 Park Plaza Boston, MA 02116 (617) 367-0025

(iii)

(iv)

Dated: January 18, 2011

Case: 11-1668

Document: 00116319490

Page: 1

Date Filed: 01/18/2012

Entry ID: 5611204

CERTIFICATE OF SERVICE I, Brian M. Childs, hereby certify that on January 18, 2011, I electronically filed the foregoing document with the United States Court of Appeals for the First Circuit by using the CM/ECF system. I further certify that the following is registered as an ECF Filer and that she will accordingly be served by the CM/ECF system: Laura J. McGarry.

/s/ Brian M. Childs


4848-2855-5278, v. 1

Letter to Advisory Committee Follows: America, I sure hope this is an upstanding group of attorneys. Only one attorney that I know of has left the country since receiving the email below which was also attached to the motion, and attached to a letter to Chief Judge Lynch and the Clerk of the Court, Margaret Carter.
Laura J. McGarry
----- Forwarded Message ----From: Laura J. McGarry <late_linda@yahoo.com> To: "adr@rose-law.net" <adr@rose-law.net> Sent: Thursday, January 12, 2012 9:49 AM Subject: Fw: Advisory Committee Action required corruption USCA1

Laura J. McGarry
----- Forwarded Message ----From: Laura J. McGarry <late_linda@yahoo.com> To: "erice@orr-reno.com" <erice@orr-reno.com>; "TMiner@mintz.com" <TMiner@mintz.com>; "dina.chaitowitz@usdoj.gov" <dina.chaitowitz@usdoj.gov>; "etulla@riveratulla.com" <etulla@riveratulla.com>; "cconnors@pierceatwood.com" <cconnors@pierceatwood.com>; "karen.green@wilmerhale.com" <karen.green@wilmerhale.com>; "adr@roselaw.net" <adr@roselaw.net>; "jmgarcia@gflawpr.com" <jmgarcia@gflawpr.com>; "kap@blishcavlaw.com" <kap@blishcavlaw.com>; "aburroughs@nutter.com" <aburroughs@nutter.com>; "bruce.felmly@mclane.com" <bruce.felmly@mclane.com> Sent: Thursday, January 12, 2012 9:27 AM Subject: Fw: Advisory Committee Action required corruption USCA1

I apologize to the former committee members who received this email. I just 3

discovered that the First Circuits Rulebook was not updated with the new committee members named on 6/24/11when it was modified on 12/12/11. The alleged criminals who work in our judiciary denied my motions to vacate void orders and remand the case this morning. I do see that a search of my documents with the name Wente took place yesterday. Allison Burroughs Margaret Curran (unable to find email please forward) Bruce Felmly
Laura J. McGarry
----- Forwarded Message ----From: Laura J. McGarry <late_linda@yahoo.com> To: "adr@rose-law.net" <adr@rose-law.net>; "jmgarcia@gflawpr.com" <jmgarcia@gflawpr.com>; "kap@blishcavlaw.com" <kap@blishcavlaw.com> Sent: Wednesday, January 11, 2012 12:10 PM Subject: Fw: Advisory Committee Action required corruption USCA1

Case: 11-1668

Document: 00116319490

Page: 2

Date Filed: 01/18/2012

Entry ID: 5611204

Laura J. McGarry
----- Forwarded Message ----From: Laura J. McGarry <late_linda@yahoo.com> To: "erice@orr-reno.com" <erice@orr-reno.com>; "TMiner@mintz.com" <TMiner@mintz.com>; "dina.chaitowitz@usdoj.gov" <dina.chaitowitz@usdoj.gov>; "etulla@riveratulla.com" <etulla@riveratulla.com>; "cconnors@pierceatwood.com" <cconnors@pierceatwood.com>; "karen.green@wilmerhale.com" <karen.green@wilmerhale.com> Sent: Wednesday, January 11, 2012 12:09 PM Subject: Advisory Committee Action required corruption USCA1

TO: Advisory Committee on Rules Emily Gray Rice Tracy A. Miner Dina Chaitowitz Eric A. Tulla Catherine Connors Karen F. Green Alan D. Rose John M. Garcia Karen A. Pelczarski erice@orr3

Case: 11-1668

Document: 00116319490

Page: 3

Date Filed: 01/18/2012

Entry ID: 5611204

reno.com;TMiner@mintz.com;dina.chaitowitz@usdoj.gov;etulla@riveratull a.com;cconnors@pierceatwood.com;karen.green@wilmerhale.com;adr@ros elaw.net;jmgarcia@gflawpr.com;kap@blishcavlaw.com Dear committee members, I write regarding significant constitutional violations and corruption carried from the US District Court of Massachusetts to the US Court of Appeals for the First Circuit. In the name of justice, action by this committee is required. Taxed paid public servants of, both, these courts are involved. The communication procedure a member of the public is expected to use in order to communicate concerns to an honest authority of these courts is ineffective. Corrupt court staff block communication to the judges and the Clerk of Court when by mail (even certified) and when entered in the ECF system. Although, I was successful in getting an email to Margaret Carter no action on my complaint has taken place and I received a return email stating that her office does not accept emails from the public and that any further email would essentially be ignored. Communicating through the ECF is a joke; if the case manager or the clerk staff do not want the communication read by a person of authority they simply block it and most certainly block it if the filing contains any incriminating language that denotes their involvement. I also sent email to Sarah Allison Thornton back in March of 2011 to ask her to get my case on a legitimate route; my response was a certified letter from the US Marshal threatening me with criminal charges if I emailed any clerk in the court again. These people are nothing less than domestic terrorist cells working in our US Courts. I have relayed the same to DHS. My case in the US District Court was under usurpation and pretense litigation. I caught on and when I documented the evidence in court documents with supporting exhibits my case was dismissed with prejudice. When I pointed out that absolutely no de nova review occurred and that the attorneys had been filing with a false appearance in the case with no notice of appearance even though they represented a corporation my post dismissal
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Case: 11-1668

Document: 00116319490

Page: 4

Date Filed: 01/18/2012

Entry ID: 5611204

motions were denied, I was named a vexatious litigant and I was blocked from further filing with the court. I was forced to pay the appeals court filing fee and the US District court did not transmit the entire case record as per USAC1 local rule 11.0. The appeals case number is not even on the US District Court docket. The USCA1 has dismissed my case and denied my motions to follow rule 11 and correct the docket to reflect the actual judicial officer assigned to the case in the US District Court. They also ignored my motion that points out an Extraordinary Writ that I filed in June was never seen by any judge and my motion that the Writ now go before a Judge under the provisions of the Crimes Victims Act where I alleged multiple Title 18 federal crime violations by the Defendants, the defense counsel and the court staff ranging from strong evidence that indicates a pay off at the EEOC to extortion of an disabled litigant who was attempting to report this federal crime and other federal crimes to a judge. The request to demand compliance with the Crimes Victims Act can be submitted to a Court at any stage of the alleged crime including the investigation with the number one provision being protection from the alleged criminals and instead of protecting me, the staff of this court joined in the conspiracy to violate my rights and engage in further crime. I filed an Extraordinary Writ in June 2011 that was blocked from the judges of both courts and received a DENIED without an opinion; I also paid that fee. The Writ had attached the ORDERS undersigned by the Magistrate Judge regarding a motion for contempt; the contempt motion was filed by me while the case was supposedly under assignment of the US District Judge and would have been under the provisions of 28 USC 636 and rule 8 regarding Magistrate authority and a report and recommendation to the US District Judge by the Magistrate is what should have occurred but the pro se staff attorney wrote this document and signed the Magistrates name. The pro se staff attorney and defense counsel were the subject of the contempt motion; after reading a motion to enjoin her from the case the pro se staff attorney filed a court document answering a motion to enjoin her from the
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case and signed a US District Judges name without his knowledge and wiped out my case with an antagonistic ruling that involved no judicial oversight and obvious continued collusion.

Case: 11-1668

Document: 00116319490

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Date Filed: 01/18/2012

Entry ID: 5611204

The Magistrate was then engaged by this pro se staff attorney and at a scheduling conference that he had no authority to convene because he had no legal jurisdiction he continued the prohibition on my filing with the court that the pro se staff attorney initiated in the contempt ruling she wrote and the Magistrate denied my direct request to be allowed to file an appeal of his decision to the US District Judge; all my filings were then blocked from the US District Judge where without authority he or, on his approval, the pro se staff attorney denied motions for reassignment of judges and vacate void orders with docket text and terminated the motions with no US District Judge review. I was never under 636c and made multiple objections to the reference of the Magistrate and included these objections in my opposition to a contempt motion against me by the unauthorized defense attorneys which interestingly was followed by a report and recommendation from the Magistrate and then adopted on a scanned document undersigned by the US District Judge; the document was scanned because they know I can tell by the properties of the PDF if the documents come from the staffs, Magistrates or US District Judges computer. Judge OTooles deputy Clerk was made aware that I knew the decision came from the computer of the Magistrates Judicial Assistant and they attempted to cover up; when I filed an affidavit proving my accusation they filed their final document barring me from the court, terminated my ECF privileges and stated any appeal would be frivolous. From the start of the case the pro se staff attorney had been in collusion with the defense counsel and maintained the case on the US District judges docket so she could control the case. They had the case as a SS/immigration case on the docket because these cases do not by local rule have scheduling conferences; I had to motion for a scheduling conference. No opinion undersigned by the US District Judge that she wrote appears on the opinions docket; they are void orders where first she wiped out my prosecution of the
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Case: 11-1668

Document: 00116319490

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Date Filed: 01/18/2012

Entry ID: 5611204

case with a bizarre judgment and then ruled on my motion to enjoin her from the case and included in her orders that then referenced the case to the Magistrate an order prohibiting me from referencing the docket. The docket reference prohibition was because I pointed out where on the docket my case was entered for no legitimate reason to effectuate the switching of scanned files the defense had submitted with word processed files. They had submitted six filings on Nov 5th 2010 that were scanned because they used erroneous authority in all their oppositions and motions, changed the spelling of party name and Lexis number of an adverse authority they put it in a footnote without mentioning the adverse component and other fraudulent reasoning that is described in my filings to the court; I filed for sanctions so they engaged the docket clerk to switch the files. During June 2011, I was in Massachusetts from Washington State because my father had requested that I get there as soon as possible to get him out of a nursing home; he died five days after I arrived and while still in Massachusetts I filed the Extraordinary Writ so I could have a hearing in front of the US District Judge as my right regarding the bogus contempt charge. The Writ was blocked from the judges. No mandate was ever filed regarding this June 20, 2011 judgment. The attorneys made a notice of appearance eight days after the judgment and in September I discovered June 13th docket text that was not on the docket June 20th; the text indicated a panel assignment that never occurred. The attorney notice of appearance was made to effectuate entering the docket and making this June 13th text note. I never received notice of the appearance filing. These corrupt attorneys are getting away with engaging court staff in blocking me from justice. I am disabled and my only income is SSDI; court staff have essentially now stolen my filing fee twice and I cannot get to a judge. Unfortunately the circuit executive office is also corrupt and filing judicial misconduct was a joke. Plain undeniable usurpation with ORDERS by a magistrate and plain undeniable docket manipulation in orders undersigned
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Case: 11-1668

Document: 00116319490

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Date Filed: 01/18/2012

Entry ID: 5611204

by the US District Judge but written by the pro se staff attorney resulted in misconduct orders that denied allegations where the record itself was the evidence. Families struggling to buy groceries are not interested in their tax dollars supporting these alleged criminals. I have sent Washington DC all this information and it is my understanding that the House Judiciary Committee does, in fact, have my complaint before them but, as you know, action by congress on any matter is beyond slow. Other entities in Washington DC also have my complaint before them. I need my case in front of a judge for a legitimate adjudication NOW. I and the public need to know that our courts are honest and that the tax payer is not supporting their own oppression and tyranny. We need to know that the law profession still has members with outstanding integrity who find what I have described herein as unacceptable and a cause for immediate action as others have justice at risk as long as these alleged criminals stand bar or work in our courts. Please take action. This is not interference in a court action because there is no legitimate court action. If you were gravely ill and the medication your doctor prescribed was counterfeit you, in fact, would be on no medication and your condition would become more grave. Respectfully, Laura J. McGarry, Pro Se January 11, 2012 1717 Sheridan Road Apt. A- 50 Bremerton, WA 98310 413-214-1750 while in Massachusetts late_linda@yahoo.com (best contact) This email will be posted on my Scribd site, emailed around the world by several human rights activist and filed with the court as a motion to engage the advisory committee regarding intrinsic corruption in the US Court of
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Case: 11-1668

Document: 00116319490

Page: 8

Date Filed: 01/18/2012

Entry ID: 5611204

Appeals for the First Circuit and as an ECF System filing as a Letter to the Clerk of the Court tomorrow before 6 PM unless you instruct me otherwise with communication and proof that help is, in fact, on the way. http://www.scribd.com/tired_of_corruption NO. 10 CA 11343 GAO US District Court 11-1668 Writ 11-2292 Appeal Local Rule 47.0. Local Rules of the First Circuit (a) Advisory Committee (1) Membership. In accordance with 28 U.S.C. 2077(b) an advisory committee on the rules of practice and internal operating procedures is hereby created for the court. This committee shall consist of members of the Bar of the court as follows: Three members from the District of Massachusetts, two members from the District of Puerto Rico and one each from the Districts of Maine, New Hampshire and Rhode Island. In addition, a ninth member shall be appointed, which position shall rotate among the five districts. (2) Duties. The advisory committee shall have an advisory role concerning the rules of practice and internal operating procedures of the court. The advisory committee shall, among other things, (A) provide a forum for continuous study of the rules of practice and internal operating procedures of the court; (B) serve as a conduit between the bar and the public and the court regarding procedural matters and suggestions for changes; (C) consider and recommend rules and amendments for adoption; and (D) render reports from time to time, on its own initiative and on request to the court.
Extra added attractions follow and have been filed at one point or another in the action before these federal courts; the following shows how these fool attorneys in collusion with court staff over at the court of appeals for the first circuit essentially stole the filing fee, twice, from a disabled litigant.

SHAMEFUL!!!!!

Case: 11-1668 Document: 00116319490 Page: 9 Date Filed: 01/18/2012 Entry ID: 5611204 http://www.scribd.com/doc/73208009 link to the Appeals Court Docketing Statement which describes the corrupt actions of these attorneys in collusion with corrupt court staff and a corrupt Magistrate Judge over at the US District Court of Massachusetts. The Circuit Executive office of the First Circuit is also corrupt. I dont know who these corrupt players think they are but I am sure the tax payer is not interested in supporting them and that the Jackson Lewis Attorneys are an embarrassment to the law profession.

TAKE A GOOD LOOK AT THE 06/13/2011 DATE UNDER Representation End 3

Case: 11-1668

Document: 00116319490

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Date Filed: 01/18/2012

Entry ID: 5611204

ABOVE IS MY DOCKET ON JUNE 20, 2010 WITH THE JUDGMENT THERE IS NO JUNE 13, 2011 DOCKET TEXT.

ON SEPTEMBER 22, 2011 WHICH IS THE DATE I DOWNLOADED THE ABOVE DOCKET, I DISCOVERED THE CORRUPT ATTORNEY BRIAN M. CHILDS FILED A NOTICE OF APPEARANCE; THIS WAS WAS EIGHT DAYS AFTER JUDGMENT AND I RECEIVED NO NOTICE OF THE FILING. NOTICE THE JUNE 13TH DOCKET TEXT STATING THE WRIT WAS SUBMITTED TO A PANEL; THE CORRUPT ATTORNEYS NOTICE OF APPEARANCE WAS FILED SO THE CORRUPT COURT STAFF COULD SLIP IN THE JUNE 13TH DOCKET TEXT STATING THERE WAS A PANEL ASSIGNMENT. Notice there was never a Mandate filed in case 11-1668.

Case: 11-1668

Document: 00116319490

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Date Filed: 01/18/2012

Entry ID: 5611204

Case: 11-1668

Document: 00116319490

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Date Filed: 01/18/2012

Entry ID: 5611204

The above graphic shows a Google search for the name George Kretas Jr entered between Dec. 26th and Dec. 27th which brought up one of my Scribd documents where a request was made to the public to send mail to Attorney General Carmen Ortiz requesting that the alleged criminals working in the federal courts and the corrupt Jackson Lewis attorneys be put before a Grand Jury. Kretas was named as a person who should go before the Grand Jury, and although, he was the case manager for my Extraordinary Writ that never saw a judge he was not the case manager for my appeal. My appeal was dismissed on December 27, 2011 and Kretas entered the dismissal (GK). Kretas helped the corrupt attorneys block my Extraordinary Writ that I filed on June 10, 2011 with the US Court of Appeals for the First Circuit from a judge; the Writ which by law should have been answered in 72 hours and if denied by law had to have an opinion was DENIED without an opinion on June 20, 2011. They stole my $450.00 filing fee for the Extraordinary Writ and now they have stolen my $455.00 filing fee for the appeal as they continue to block me from a judge.
12/27/2011
2 pg, 37.69 KB

ORDER entered by Sandra L. Lynch, Chief Appellate Judge; Kermit V. Lipez, Appellate Judge and Jeffrey R. Howard, Appellate Judge. Plaintiff-appellant Laura J. McGarry brought suit in the United States District Court for the District of Massachusetts. After filing her complaint, she inundated the court with various motions. Prominent among her contentions was the notion that defense counsel and court staff were somehow colluding to process the case without actual judicial involvement. Ultimately, McGarry was sanctioned for filing abusive motions in violation of court orders with dismissal of her case and a bar on making any further filings without leave of court. This appeal followed. The district court's conclusion that McGarry was filing motions abusively was justified, and the sanctions imposed after the abusive motion practice continued were within the district court's discretion. The judgment of the district court is affirmed summarily pursuant to our Local Rule 27.0(c). McGarry' motion to consolidate this appeal with a closed mandamus petition is denied. All other pending motions are denied. [11-1668, 11-2292] (GK)

United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:10-cv-11343-GAO
Date Entered 10/12/2011 # 102 Docket Text NOTICE OF APPEAL as to 86 Order on Report and Recommendations,, 87 Order Dismissing Case, 57 Order on Motion to Expedite, Order on Motion for Injuctive Relief, Order on Motion to Disqualify Counsel,,,,,, Order Referring Case to Magistrate Judge, 53 3

Case: 11-1668

Document: 00116319490

Page: Date Filed: 01/18/2012 Entry ID: 5611204 13 on Motion for Default Judgment, Order on Motion for Order on Motion to Strike,, Order Sanctions, Order on Motion to Disqualify Counsel,,,,,,, 101 Order on Motion for Reconsideration, Order on Motion for Order, Order on Motion for Default Judgment,,, Order on Motion to Vacate,,,,,, 61 Order on Motion for Contempt,, by Laura J. McGarry NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 11/1/2011. (Attachments: # 1 Notice of Electronic Filing, # 2 Exhibit)(Danieli, Chris) (Entered: 10/12/2011)

10/13/2011 11/02/2011 12/28/2011 103 104

Filing fee/payment: $ 455.00, receipt number 1BST026841 for 102 Notice of Appeal, (Russo, Patricia) (Entered: 10/13/2011) Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 102 Notice of Appeal, (Ramos, Jeanette) (Entered: 11/02/2011) USCA Judgment as to 102 Notice of Appeal, filed by Laura J. McGarry. In light of the court's order entered on this date, the judgment of the district court is affirmed summarily pursuant to our Local Rule 27.0(c). Judgment issued in the USCA 12/27/2011 (Ramos, Jeanette) (Entered: 12/28/2011)

Notice my docket (above) from the US District Court has no USCA1 case number.
United States Court of Appeals For the First Circuit Rulebook Local Rule 11.0. Transmission of the Record, Sealed Documents b) Transmission of the Record. In pro se cases, the entire record will be transmitted to the circuit clerk. 11/2/2011 Transmitted Abbreviated Electronic Record I called the US District Court twice and requested the entire record be transmitted as per the rule---I was ignoredthey only transmitted all the void orders written by the pro se staff attorney Barbara Morse and Magistrate Judge Sorokin so I motioned for the USCA to order the District Court to comply with their ruleI was ignored.

11/09/2011 MOTION CORRECT DOCKETS Correct USCA-1 dockets to reflect the actual judicial officer assigned to US District Court Case 1:10-cv-11343 re: the above actions before this court 11/09/2011 MOTION records re: 1:10-cv-11343-GAO

DENIED

DENIED Order to US District Court of Massachusetts Court Clerk Transmit all

Soon after I filed the following motion the corrupt Jackson Lewis Attorneys Guy P. Tully and Brian M. Childs each filed a second notice of appearance only this time they put the defendants name on the noticesthey took said action in case the motion went before a judge before they could get to the corrupt court staff 3

Case: 11-1668

Document: 00116319490

and ensure that my motion never December 27, 2012.

Page: Date Filed: 01/18/2012 Entry ID: 5611204 14 judge. The case then went stagnant until saw a

11/10/2011 MOTION Take Judicial Notice Ruling re: Vacate Judgment 6/20/2011 Case No. 11-1668 Ruling re: Extraordinary Writ filed 6/10/2011 Submit the above named cases before the Duty Judge EMERGENCY AND IMMEDIATE RELIEF REQUESTED Under the provisions of the Crimes Victims Act

IGNORED THEN DENIED

Each and every document that I requested judicial notice was ignored, multiple request for a hearing were ignored, emergency motions were ignored, AND a Magistrate Judge who became aware of the situation including multiple incidents of professional misconduct and all out fraud upon the court chose to protect corrupt court staff and corrupt attorneys instead of a Disabled American trying to exercise the constitutional right to bring a grievance before a court.

SHAMEFUL!!!!!!!!!
You would not believe the amount of work I have had to do to stay on top of these criminals. You would not believe the amount of money I have had to spend to stay on top of these criminals. I spent 6 1/2 months in Massachusetts hoping for justice and a legitimate decision. I started this lawsuit at 140# and when I arrived home mid-November I weighed 105#. I am 5 8 tall. There is even more criminal behavior than what you see here and it will all come out in the wash eventually. Citizens of Massachusetts your State has a serious corruption problem at every level. I will pray for you because you are in fact slaves to a corrupt government at the State level as well.

Case: 11-1668

Document: 00116319490

Page: 15

Date Filed: 01/18/2012

Entry ID: 5611204

Gee where is that APPEALS DOCKET NUMBER?


Shame on you Jeanette Ramos AND Sarah Allison Thornton because the above document says you, both, have just perjured yourselves! You certified a record of void documents to the US Court of appeals including documents that do not even exist on the Written Opinions Report and refused to transmit the entire case record as required by the Appeals Court in pro se cases as per local rule 11.0
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Case: 11-1668

Document: 00116319490

Page: 16

Date Filed: 01/18/2012

Entry ID: 5611204

PURJURY I. Whoever having taken an oath II. before a competent tribunal, officer, or person, III. in any case in which a law of the United States authorizes an oath to be administered, IV. a. that he will i. testify, ii. declare, iii. depose, or iv, certify truly

Apparently the Defendants and their corrupt attorneys think the judgment of the court shoud not be followed by the required Mandate This relief, as well as any other relief requested in the January 12 Filings, should be denied, as there is no basis for the requested relief. Hmm! Could the corrupt over at the appeals court be smarter than corrupt over at the District Courtthey held the Mandate and now the corrupt attorneys think I should be denied my motion to send the MandateWell I guess mailing it would be a RICO violation but they all have plenty of those under their belt already so whats the diff. **Rule 41. Mandate: Contents; Issuance and Effective Date; Stay (a) Contents. Unless the court directs that a formal mandate issue, the mandate consists of a certified copy of the judgment, a copy of the courts opinion, if any, and any direction about costs. (b) When Issued. The courts mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later. The court may shorten or extend the time. Remember NO Mandate was filed regarding the Extraordinary Writ filed June 10th with a judgment June 20th.
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Case: 11-1668

Document: 00116319490

Page: 17

Date Filed: 01/18/2012

Entry ID: 5611204

Case: 11-1668

Document: 00116319490

Page: 18

Date Filed: 01/18/2012

Entry ID: 5611204

Case: 11-1668

Document: 00116319490

Page:

Date Filed: 01/18/2012

Entry ID: 5611204

Documents 53 and 57 are not on the above19 written opinions report because they are void fraudulent documents written by the pro se staff attorney without the oversight of a US District Judge. The reference to the Magistrate Judge under my objection was ordered in void document 57 and every single order that follows is also void.

Case: 11-1668

Document: 00116319490

Page:

Date Filed: 01/18/2012

Entry ID: 5611204

20 The letter above shows the corrupt Jackson Lewis Attorney, Patrick Egan, antagonistic response to my letter of compromise prior to my filing suit; my employment did not end so I could relocate to Washington and Egan was more than aware that I was still living in Massachusetts. My last day of employment with the defendants was September 30, 2008. I moved back to Washington at the end of June 2010 because the bought and paid for EEOC decision and continued retaliation threw me over the edge; I had to get out of corrupt Massachusetts to maintain what was left of my sanity. The corrupt attorney returned a call to my 413 landline from a hotel in Florida during March of 2010 and mailed the Defendants fraudulent EEOC Position Statement to my home in Massachusetts in July of 2009. Knowing they were going to run pretense litigation to avoid exposing their own crimes and the fact that their clients have no defense the antagonistic letter was sent to ensure I would file suit so these corrupt attorneys could continue to profit off their clients. Hiring an expensive law firm and buying a house that remained vacant for mostly cash spells covering up a cash transaction and I allege this was to hide money because the Defendants under the guidance of these corrupt attorneys paid of the corrupt EEOC.

Brian M. Childs represented and fought for the rights of MOHAMMAD RIMI who was a detainee at Guatanamo Bay; Childs and other attorneys from the upstanding firm Nixon Peabody managed to get this detainee released from Guatanamoto to the Libyan Government. In 2009 Childs filed an Habeas Corpus Petition in Washington DC on behalf of Rimi which was denied with prejudice do to jurisdictional factors; the Libyan Government had apparently continued to detain Rimi after he was released to them. Brian M. Childs after leaving Nixon Peabody joined Jackson Lewis; he is being trained in corrupt litigation tactics and the first case they assigned this guy was mine which was loaded down with previous professional misconduct by Egan and an excellent choice by the firm to get this guy nice and dirty. He now over defending the rights of a human being commits fraud upon the court and conspires to violate the Constitutional Rights of a Disabled American's. Sure hope Childs mommy and daddy did not pay for that Princeton education because their shame must be unbearable. Guy P. Tully is just straight up scum as he is the one who took on training young lawyer Childs in corrupt litigation tactics; it clearly appears any means to the end is acceptable practice by this firm. The entire firm should be banned from the courts. The courts should be denied any government funds to meet payroll until they clean up their corrupt house of abuse.
The graphic below shows the time line for creating and entering documents into the courts electronic filing system where these fool attorneys assumed they were dealing with a moron so they used all erroneous authority, changed the wording of rule, misspelled the party name in an adverse authority and changed the Lexis number slipping the authority into a foot note claiming it supported their position; they scanned all the documents they entered and they were caught so they then engaged a docket clerk to help them switch scanned files in the ECF System back to word process files and again they were caught so effort to keep the case from the view of a US or Circuit Judge has become their main focus---hence my accusations that they claim are scurrilous and baseless but are actually quite well supported by the record which is why they do not want the record in the court of appeals. I was ordered not to make reference to docketing information because the docket shows where they entered the case for no legitimate reason and switched the files four days after I filed for sanctions. You can read all about that little maneuver in http://goo.gl/qJXiD 3

Case: 11-1668

Document: 00116319490

Page: 21

Date Filed: 01/18/2012

Entry ID: 5611204

Case: 11-1668

Document: 00116319490

Page: 22

Date Filed: 01/18/2012

Entry ID: 5611204

They attached a copy of Document 35 which was Created: 11/5/2010 2:54:26 PM to Document 36 as an Exhibit and entered their first filing into the ECF System at 2:58:23 PM. Now why would these fool attorneys feel the need to attach a stamped copy of a document they just filed to the very next document they filed; why because they thought this moron would not find such an action peculiar; WRONG!!!!! 3

Case: 11-1668

Document: 00116319490

Page: 23

Date Filed: 01/18/2012

Entry ID: 5611204

THESE CORRUPT JACKSON LEWIS ATTORNEYS ARE A PIECE OF WORK BUT, AMERICA, OUR BIGGEST PROBLEM IS TAXED PAID PUBLIC SERVANTS THINK NOTHING OF VIOLATING THE RIGHTS OF THOSE THEY SUPPOSEDLY SERVE!!!!
The American People Are Expected to Support Domestic Terrorism With Their Tax Dollars! http://t.co/h3NE37y

Ivy Racket in US District Court MA conspiracy to Deprive Rights through Simulated Litigation http://t.co/fzzHglA

Dr. Zernik Files with the US Congress for Impeachment of Judge OToole and Clerk of Court Thornton, US District Court, Massachusetts http://t.co/UUq1h1o

Day Planner for Massachusetts FBI on Scribd http://scr.bi/oUVzZo

Extraordinary Writ (Mandamus) DENIED WITHOUT AN OPINION 1ST Circuit ignores law it established! http://scr.bi/rkT4QT

Is the Chief Judge of the First Circuit, Incompetent, A Criminal or Has Her Signature Been Forged http://goo.gl/ybhC3

Magistrate without statutory authority rules on contempt--fraud OK with court http://goo.gl/moluM

Fraud Upon the US District Court Of Massachusetts http://goo.gl/qJXiD

Notice of intent to file Mandamus ignored; it describes plan for simulated litigation http://goo.gl/Q36ug

see objection to Report & Recommendation that I be found in contempt http://goo.gl/o9XMz

Dishonest Service fraud w/obstruction of justice-US District Court of MA-law & Constitution means nothing!! Names Named http://t.co/WEefP8i Cover-Up Corruption & Violation Constitutional Rights US District Court of MA-Magistrate drafts & scans http://www.scribd.com/doc/64299428/Cover-Up-of-Corruption-and-Violation-of-Constitutional-Rights-in-the-USDistrict-Court-of-Massachusetts-With-Published-Opinion-Drafted-by-and-Submitte

DEMAND ACTION BY FEDERAL LAW ENFORCEMENT AND THE OVERSIGHT COMMITTEES IN WASHINGTON
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