Rehearing en banc is warranted here because
1. Conflict:
The panel's decision appears to conflict with a prior
decision of the court. 9th Circuit judges Farris Tallman and Bybee used Oyama v. Sheehan case to affirm district
judge Troy Nunley judgement. That’s ridiculous because of:
1) Irrelevant analogy: a. Oyama v. Sheehan was a bankruptcy
lawsuit but mine is a civil lawsuit; b. Oyama had lawyers but I am a Pro Se; c.
Appellee Sheehan filed a motion to dismiss the complaint because of improper
service, but OBAMA did not file such motion to District Court or District Court
deceived me; d. Dale Drozd should be neutral to listen to both sides’ arguments
but he acted for OBAMA and told me that “I have improper service”; e. How to
define “good cause”? After I received the “Magistrate’s Findings and
Recommendations,” I filed “Objections” within two days with sufficient good reasons
and begged Dale Drozd to extend the time for me to re-serve.
2) “Song’s failed to effect proper service of summons and
complaint did not demonstrate good cause for failing to serve, despite being
given notice and an opportunity to do so.”
Totally nonsense.
a. I was misled by the “Simple guide” and Summons provided
by District Court; b. During “Status Conference” on Oct/10/2014, I asked Dale
Drozd for help, such as lawyer or self-help center in Court because “I am not a
lawyer and have zero experience about federal court.” He said “No” to both and asked
me to do self-research. I told him my frustration and begged him to tell me
“What’s so-called good service” or assign me a lawyer. Then he showed
impatience and asked me to wait for his “Recommendations” and to go to
reception to get manual of how to serve. He did not give me notice and an
opportunity to do so at all. So, I was naïve to wait for his recommendations
and prepared to reserve again. After I received his "Ordered and Findings
and Recommendations" on Oct/20/2014 (Signed on Oct/16/2014). OMG, that’s
his recommendations. Not at all. That’s his order to deny my motion to expedite
my trial and he recommended to dismiss the case. So, I filed “Objections to
Magistrate’s Findings and Recommendations” within two days (his order within
two weeks) and begged him to give me sufficient time to re-serve. But district
judge Troy Nunley entered judgement on Dec/17/2014. So, I do not have a good
cause. Am I like to be put in jail for so long? Is it fun to be tortured
jointly by Singapore government and America government for so long? Or is it
enjoyable to be a homeless for more than one year? Taking a stand to fight for
abuse and injustice is not a good cause? Honest statements in court are not a
good cause?
3) “We reject Song’s contention that the district court
failed to find him an attorney because Song did not establish a basis for the
appointment of counsel.” (See my email to Sujean Park)
No basis. I sent email to its Pro Bono director named Sujean
Park on Sep/03/2014 with reasons of “Justice delayed is justice denied”,
joint-torture and my health and well-being and begged her to find a credible
and capable lawyer for me but she neglected me. Further, on “Status
Conference”, I asked Dale Drozd to find a lawyer for me because “I am not a
lawyer and it is hard to fight with government.” But he deceived me that
“Lawyer is for criminal only.” In addition, I filed “Motion for the appointment
of counsel” to 9th Circuit with basis, but 9th Circuit denied this motion
without reason.
4) “We reject as unsupported Song’s contentions of judicial
bias, prejudice, or impropriety.”
Absurd! Malice, misleading and deception by the clerks
guided by two judges (99% possibility) and abuse, fraud, misconduct,
defamation, retaliation, transcript tampering and political bias by two judges.
So, unsupported?
5) “Song’s motion to disqualify Judges Jacqueline Nguyen and
William Canby,
filed May 18, 2015, is denied.”
No reason again. Not ridiculous? On Feb/16/2016, it ordered:
Appellant’s “Motion to disqualify Judges-Jacqueline Nguyen and William Canby,”
filed on May 18, 2015, is referred to the panel that will consider the merits
of the appeal.”
You can go to my file #15-15015 to see what the hell of two
judges are doing to me? They denied my motions either no reason or ridiculous
reason. Why I filed such motion on May/18/2015? Because of their political
bias, prejudice and egregious delay.
2. Exceptional importance:
1) Constitutionality: My Constitutional rights of First
Amendment, Fourth Amendment, Fifth Amendment, Seventh Amendment and Eighth
Amendment have been violated seriously and disregarded recklessly by the
wicked, cruel and unjust. My case is the ugliest constitutional crisis in
America judicial history.
I have exercised freedom of speech, free peaceful protest
and petition the government for a redress of grievances. Then governments have
hired local goons to torture and persecute me;
I have done nothing wrong but came here to seek justice but
ICE (Immigration and Customs Enforcement) seized all my personal belongings
without probable cause;
I have done nothing wrong why U.S government put me in jail
without due process.
I demanded “Trial by jury” to find facts and evidence of my
case through “Civil coversheet” and motion. But my right was denied by Dale
Drozd without reason.
I am a law-abiding good citizen but U.S government has
punished me severely to put me in jail and conspired with Singapore government
to torture me;
2) Million Dollars Claims:
Here I give two examples for wrongly jail. One is Canadian
government put Maher Arar in jail about 8 months without proof, then Canadian
government paid him about seven millions C$ for redress; another is Wen Ho Lee.
FBI used personal opinion instead of evidence to put him in jail for about 8
months, then U.S government paid him about ten millions for redress. Further,
the majority judges should also consider my more than 1080 days of
joint-tortures and joint-persecutions by Singapore government and U.S
government.
3) Worse human rights abuse:
You can check from U.S human rights tribunal or related
human organizations for archives, my case is the worse human rights abuse in
U.S history. I have done nothing wrong but promoted America values and human
rights, why have I become a “Public enemy”? All is helping to cover up and all
wants to crucify me. Further, my case is not only a human rights issue, but
also a criminal issue, such as, Crimes against the Person (stalking, harassment,
hate Crime, poisoning and sexual assault), Crimes against Justice (fraud and
perjury), Theft, Computer Crimes and phone hacking, and Crimes against humanity
(dehumanization, extrajudicial punishments, forced disappearances, unjust
imprisonment and torture).
4) Are law and order demanded for people only?
No. Law and order are not to be demanded only from the
people, but from the government as well. That’s why people pay taxes for.
However, some agents, at least from four departments, such as, Department of
State, Department of Homeland Security, Department of Justice and Department of
Defense, know the laws but broke the law to do bloody wrongs to me, such as,
unjust imprisonment, forced disappearances, torture, dehumanization and etc.
Should they be held accountable? Otherwise, why people pay taxes for governmental
abuse, corruption, fraud, malpractice, perjury, and conspiracy?
5) Equality:
“In front of law, everyone is equal”, that’s golden rule of
thumb in the world. However, some governmental officials, especially judges and
some hatred and bigotry Americans have discriminated me based on race, sexual
orientation and nation origin too wild and too rampant. Further, I have reported my incidents to FBI
and local Police for food poison. They said: “Food poison is not a crime but a
medical issue” and asked me to see doctor. “How about phone hacking, email
hacking and property stolen?” I asked. “Those are medical issues too.” Local
Police said again.
That’s absolutely ridiculous and outrageous. It is
government’s job to protect people’s safety and liberty regardless “worth of
victim” or “how significant you are.”
CONCLUSION
The petition for rehearing en banc should be granted and Troy
Nunley’s judgement should be reversed.
Dated: 05/25/2016 Respectfully
submitted: Song, Wenfo
My email to Sujean Park with subject of “Justice delayed is
Justice denied!”
Justice delayed is
Justice denied!
Sam Song
10:41 AM
to spark@caed.uscourts.gov
Wenfo Song
2430 Fair Oaks Blvd, #90,
Sacramento, CA 95825
415-810-2795
CASE NO: 2:14-CV-01322-TLN-DAD
Dear Sujean Park,
I got your contact from the website of USCOURTS.
Since you are the director of PRO BONO, could you help me to
find a credible lawyer based on PRO BONO for me? I need a good lawyer to
represent me for my fair jury trial against OBAMA based on 7th Amendment. No
any lawyer from government because I have bad experience with them, such as,
NIRP and ALC. They did not provide any practical help but counter-help,
intentional delay, deception and cover up.
I just exercise America constitutional rights-Free Speech
but I have become a “Public Enemy”. What kind of a country am I living in!
OBAMA/Lee Hsien Loong can conspire together to torture and persecute me but I
can’t condemn them? If the exercise of constitutional rights will thwart the
effectiveness of a system of law enforcement, then there is something very
wrong with that system-America judiciary system!
Justice delayed is Justice denied. My justice has been
denied by Tammy L. Fitting once because she has deliberated delaying my hearing
to endless. Should I have another one?
I gravely concern my health and well-being. OBAMA/Lee Hsien
Loong want me to “die on their installment plan.” If you think they do the
right thing, just ignore this email.
Sincerely,
Wenfo Song
