April 8, 2009
Attorney General Eric Holder
United States Department of Justice
950 Pennsylvania Avenue NW
Washington D.C. 20530-0001
Attorney General Holder:
Insanity, some have suggested, is repeating the same action over and over, expecting a different
result. If I accept this conclusion for my record in our courts of law, and give up, after this seven year
legal struggle, I would have to abandon the belief that our system of justice is fair! It would
destroy my belief in a right to be heard before your freedom or property could be taken.
I lost my home of 26 years, and the fire protection business ran from that home for over eleven
years, when I became the grist for the financial mills on Wall Street in 1998. The violation of law
occurred in 2001, but was not discovered until the summer of 2002, months after bankruptcy.
Chase Manhattan who had sold my home, in violation of the bankruptcy courts “automatic stay”
11 USC 362(a) has avoided legal scrutiny and has prevented me from exercising my civil rights
to a hearing to determine the damages as the law provides in 11 USC 362(k). This has gone on
trough several different legal proceedings:
US Bankruptcy Court - 2002
US District Court - 2003
US Court of Appeals – 2005
US Court of Appeals rehearing - 2005
US Supreme Court – 2005
US Supreme Court – rehearing, after BAP reversal on Ozenne v. Dollar Storage 2006
US Bankruptcy Court – “No jurisdiction” on FRCP Rule 60 motion - 2007
US District Court – 07-772GAF, affirmed BK courts FRCP Rule 60 motion – 2008
US Court of Appeals – Appeal – pending – 08-56599
US Court of Appeals – Petition for Writ of Mandamus – pending –09-70558
Now it seems that lady liberty is peeking; on March 13, 2009, the court denied my motion
made in November of 2008 to proceed “in forma pauperis” since the court determined the case
“appears frivolous”, even before the Appellants Opening Brief was received. 08-56599
Fortunately, my nephew loaned me the $455.00 to keep the appeal alive. If the recently filed
petition for a writ of mandamus, 09-70558 is met with the same obstacle, I am not certain where
I will obtain the funds since I am unemployed, and do not receive unemployment benefits.
My case, despite the long history, is not that complex. Chase, as the beneficiary on my home
loan, sold my home of 24 years while my fire protection business and I were under bankruptcy
protection. Their failure to rescind that deed, prevented me from refinancing my home, months
after bankruptcy concluded. All of the subsequent litigation has been my effort to correct this
violation of law.
Depending upon the law is the cornerstone of our way of life. If you cannot depend upon the law
as a lawful citizen, living in America, it begins to feel as a strange unreal world, and I believe,
justifies my repeated action of appeal in the courts for the last seven years, without failing the
aforementioned metric for sanity.
I would appreciate any assistance that you could provide to help me enforce my rights under the
law as an American citizen in this new administration.
Gary L. Ozenne