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6:02 PM
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cam huegenot
To christy_weller@ord.uscourts.gov
Christine,
I read the law and I know what I filed under. I know what the provisions are as well. What I needed to hear was how your administrative clerks designated it, because I do not have current access to Pacer and have not been able to see how it's categorized by your court, which could have been different from what I filed for.
I am not required, under rules for habeas corpus, to file a separate motion for stay. Any related court proceeding named is automatically stayed. I am also not required to fill out a "form" in order to petition. You are mistaken in trying to suggest habeas corpus is for actual jail "conviction".
I recommend you do not give legal advice to any further parties seeking information about habeas corpus because you don't know the rules and you are giving bad advice. This is also something that is outside the scope of your Magistrate as he is clearly not familiar with rules and case law for habeas corpus.
To file for relief, one must allege that they are restrained unlawfully in some way. Cases have been brought by parents, and gone to Supreme Court, over arguments of children being illegally restrained by the State. This is not a conviction of children, or a sentence....it is a restraint that parents may challenge by habeas corpus. Attorneys have brought petition under the same provisions, not while in jail, but arguing that Judges and/or public officials prevented them, through a form of unlawful restraint (even obstruction of justice) from accessing the courts and then they defaulted on claims they wouldn't have otherwise defaulted on. If they continue to be restrained from practicing and accessing the law to protect their rights and liberties, they can file under federal or state habeas corpus rules. Persons outside of jail, on probation, if unlawfully restrained from freedom of travel, beyond the probation conditions and terms, may apply for this petition. A person held hostage in their own country by CIA and forced to make it look natural, may file a petition alleging circumstances which amount to unlawful imprisonment and restraint. A person from another country, example being an Iran scientist Amiri of late, was held hostage by CIA in Arizona and forced to make his coming and going from work and travel, all appear "voluntary" and natural while he was threatened at the same time; he was not in jail or convicted or sentenced and he filed for habeas corpus.
Your Magistrate is foolish to imagine he can determine whether a citizen is or is not unlawfully restrained if he does not accept the facts as true to start and then allow the process to unfold to allow for evidence.
So when you write and recommend I follow "forms" or suggest I used the wrong petition, you are wrong and your Magistrate is also wrong. He should not ever be allowed to review any petition for habeas corpus again. He is making his decisions as if he is either culpable and willingly corrupt, or has never reviewed such a case in his entire life.
Thanks,
Cameo L. Garrett
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To: cameocares@live.com
Subject: RE: Permission to Efile and Request to Recuse Magistrate Mark Clarke
From: Christy_Weller@ord.uscourts.gov
Date: Tue, 17 Apr 2012 13:53:56 -0700
Ms. Garrett:
I do not have the authority to grant any requests, that is up to the judge to grant or deny motions filed in the cases.
I am not an attorney, so I am unaware of the stay that you are referring to. But if there were a stay in place that stays this action then the court would not be able to move forward with the relief you are seeking. Please provide the court with a copy of the stay which you believe is in place that may hinder the court's ability to move forward with this civil case.
Once again, a civil cover sheet must be accompanied with a charging document, i.e., a complaint, a petition, or a notice of removal, in order to file a civil lawsuit, a new civil case can not be opened with a motion. You have filed a Petition for Writ of Habeas Corpus (12-581-CL). The cases are filed under 28:2254, which is a challenge to a State conviction, or under 28:2255 which is a challenge to a Federal conviction. You filed under the second type 28:2255, and requested a stay, which has not been granted, and in your petition you have not challenged a Federal conviction or sentence either. You may want to check regarding the form you chose to file you petition/complaint on.
If you access to the court's website there are helpful resources for pro se parties located www.ord.uscourts.gov. Look under the tab "For the Public" and then on the left side "Representing Yourself". I hope that you find this useful.
Christine Weller
Division Manager
From: cam huegenot
To:
Date: 04/17/2012 01:28 PM
Subject: RE: Permission to Efile and Request to Recuse Magistrate Mark Clarke
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Thank you for your reply and I will make my motions in writing. I am asking for permission to efile.
Will you grant this request?
Also, I was not given time to respond to the consent to Magistrate and do NOT consent to him. I will file for his recusal as wel.
The stay is effective through your court, the moment a petition for habeas corpus is filed, which is the date received by court. That means, the state proceeding for appeal relative to this petition, must be stayed. I don't appreciate having my petition shortened and cut out.
Also, it was the Portland division that refused to file my civil complaint and they are required to file anything with a civil sheet. If they want changes to be made, they indicate by letter, but it is not permissible to return documents that someone sends in to be filed. That is a felony.
One other thing...I am told my petition for habeas corpus was designated under "general" complaints and for "state" relief? Is this true? Because my petition is for federal relief, primarily, not state. So this is clear from the petition I submitted and I need to know if it was wrongly classified as a request for state relief? Will you please let me know?
Thank you Christine, for your attention to this case.
Cameo L. Garrett
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To: cameocares@live.com
Subject: RE: Permission to Efile and Request to Recuse Magistrate Mark Clarke
From: Christy_Weller@ord.uscourts.gov
Date: Tue, 17 Apr 2012 08:37:01 -0700
Ms. Garrett:
If you believe that Judge Clarke has a conflict of interest in your case you will need to file a motion stating the reasons why Judge Clarke should recuse himself. The motion must be filed in writing with your signature, you can not do this by e-mail.
The District of Oregon consists of four divisions, Portland,Pendleton, Eugene and Medford. These are staffed courthouses in three divisions (Portland, Eugene, and Medford)
I am not sure what court proceeding that you requested a stay, but a stay in another court proceeding would not stay a proceeding in this court.
The case before Judge Clarke has seven named defendants, including Mueller, as were named by you in your petition.
As stated below, If you sent in a motion and civil cover sheet and a request to e-file, we would not be able to open a case. We need to have a charging document (a complaint, petition, or notice of removal) in order to open a civil case. If you could like to open a Pacer account that is not through the court, that may be done through the Pacer web site located at: www.pacer.gov .
I understand that you are not consenting to proceed before a magistrate judge. At this point in your case Magistrate Judge Clarke has entered a Findings and Recommendation that will be reviewed by a District Judge. Again, the deadline for you to file any objections to the magistrate's findings is April 30, 2012. Objections must be filed in writing and must include your signature. Signing of a magistrate consent form allows a magistrate judge to hold trial, enter orders of dispositive motions, and to enter final judgment. If you choose not to consent the magistrate judge will continue to be the assigned judge on your case up to the point of trial, or dispositive motions, where at that point the a district judge will set a trial date, or enter a final ruling on dispositive motions. The case will not be reassigned at this early point in the case.
Please let me know if you have any further questions that I can answer for you.
Christine Weller
Division Manager
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