Wednesday, October 23, 2013

My Letter to Eric Holder April 2009

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

1 comment:

  1. I'm sending a short back up letter and I hope all your friends reading this do the same.
    If Eric Holder & the Justice receive enough letters on one case, your case then something must happen. Lee