Monday, January 23, 2017

January 22, 2017 a 17 year old date of injustice

January 23, 2017 

This story is about a guy, who got screwed by the banks, like millions of other Americans who were challenged by this wave of greed by the banksters.  

In October of 2000, I wired the loan service agent, Ocwen Federal Bank F.S.B in Fort Lee New Jersey $22,823.66 to fully reinstate my loan; charges, and fees.  When I double checked the fax quote I discovered an addition error of $3,843.55. In my favor. I called Ocwen to see how we would make good on my overpayment. I was told, that they would 'look into it'.  

On January 22, 2001, Ocwen changed the loan's trustee, to Dreyfus, Ryan, and Weifenbach, who were also Chase / Ocwen's attorneys in bankrupt court, recorded with the Riverside County recorder a  'Notice of default' claiming I was in default $10,539.24. Crazy!  Pleads for a 'supervisor' led to more runarounds, it appeared that they were not going to make it right. 

I read a legal article about 15 USC 1640, which allowed, under certain circumstances,  to rescind the loan up to 3 years, call the loan off, everybody returns all monies returned by both parties, My timely rescission letter was ignored by Ocwen, so in a last ditch effort (Attorney still in Europe) I filed minimum bankruptcy petitions to file a case, believing this, certainly, would stop this mindless unrelenting behemoth from selling my home of 26 years. I was wrong. They issued a trustee's deed to Carol and Stephen O'Neal, which the O'Neals promptly recorded the deed with the county recorder on May 29, 2001

My attorney returned in early June, I informed attorney Clay Presley, about what was happening, he made some phone calls and everything seemed back to normal. 

In May 2001, the banks were succesful in getting my case dismissed, with predudice. I was quickly approved for a new loan, but the new lender, Indy Mac, could not close the loan because title at a final search revealed that Carol and Stephen O'Neal since May 29, 2001. 12 days after I had filed for bankruptcy protection.  When I informed the court, with a motion for sanctions, the court replied that since the case had been dismissed, the court lacked jurisdiction.  

When the storage operator, which contained all of my assets personal and business assets, violated the law 11 USC 362 ignored court orders and sold everything, family pictures video's and a marvelous quilt, my grandmother Esther Jensen made for me, Again I petioned the bankrptcy court of Meredith Jury for sanctions, but was denied because property law was 'unclear' about situations like this, she ruled; motion denied. I filed an appeal to the BAP, Bankruptcy Appellate Panel, and on January 17, 2000, the BAP reversed the bankrutcy court and ordered sanctions for this violation of law. 

Meanwhile the case about my house was waiting for the latest descision in my house case.

I gained a hearing date, about my case, for the first time ever I did not recieve notice that the case had been dismissed on January 27, 2011, a date I wont forget, my close friend, since 17, Gregory Vusovich, had passed in Oklahoma.

Since it was past the time to appeal, I rightfully, in my opinion, petitioned  for a writ of mandamus, which orders an inferior court to enforce the law. The petiton, was denied in three weeks, by this Bankrupcy Appelate Panel which ruled in my favor in 2006. Now, however the honorable Meredith Jury was a senior member of this seven judge panel BAP panel

When I filed an appeal to the 9th Circuit, in 2011, I submitted my 'Informal Opening Brief' on January 5th 2012. The banks were to file a resonse by February 6, 2012. The banks filed nothing, then in October the court again to file their response within 14 days, or they may not be able to argue in oral aruments.  Chase/Ocwen, ignored this order for 3 more years,then waking up, without conscuence, the Banksters filed a response which ended in Ozenne v Chase / Ocwen 11-60039.  Which was published and therefore 9th circuit law. It was a split decision which, in my opinion, is like changing the rules, mid game.

Then, the 9th Circuit ordered both sides, unrequested, to file reasons to grant a rehearing en banc,  which is a one in one thousand chance of success according to 9th circuit  for self represented litigants, the full court, considered my case, and 11 members, including cheif justice Sidney Thomas, who with former chief justice Alex Kozinski, who had both ruled against me in prior appeals, side stepped the jurisdiction issue, and ruled that it was me, who was wrong 

So now January 23, 2017, the beat goes on


The accident report on Buddy Holly -

The Day the Music Died

February 3, 1959

Buddy Holly, Ritchie Valens, The Big Bopper
The Day the Music Died
Full text of the Civil Aeronautics Board Aircraft Accident Report on the plane crash that killed Buddy Holly, Ritchie Valens and the Big Bopper
The Day the Music Died
This is the Crash Report
Aircraft Accident Report
Adopted: September 15, 1959
Released September 23, 1959 Mason City, Iowa
February 3, 1959SynopsisA Beech Bonanza, N 3794N, crashed at night approximately 5 miles northwest of the Mason City Municipal Airport, Mason City, Iowa, at approximately 0100, February 3, 1959. The pilot and three passengers were killed and the aircraft was demolished.The aircraft was observed to take off toward the south in a normal manner, turn and climb to an estimated altitude of 800 feet, and then head in a northwesterly direction. When approximately 5 miles had been traversed, the tail light of the aircraft was seen to descend gradually until it disappeared from sight. Following this, many unsuccessful attempts were made to contact the aircraft by radio. The wreckage was found in a filed later that morning.
This accident, like so many before it, was caused by the pilot’s decision to undertake a flight in which the likelihood of encountering instrument conditions existed, in the mistaken belief that he could cope with en route instrument weather conditions, without having the necessary familiarization with the instruments in the aircraft and without being properly certificated to fly solely by instruments.
Charles Hardin, J.P. Richardson, and Richard Valenzuela were members of a group of entertainers appearing in Clear Lake, Iowa, the night of Feb. 2, 1959. The following night they were to appear in Moorhead, Minnesota. Because of bus trouble, which had plagued the group, these three decided to go to Moorhead ahead of the others. Accordingly, arrangements were made through Roger Peterson of the Dwyer Flying Service, Inc., located on the Mason City Airport, to charter an aircraft to fly to Fargo, North Dakota, the nearest airport to Moorhead.
At approximately 1730,* Pilot Peterson went to the Air Traffic Communications Station (ATCS), which was located in a tower on top of the Administration Building, to obtain the necessary weather information pertinent to the flight. This included the current weather at Mason City, Iowa; Minneapolis, Redwood Falls, and Alexandria, Minnesota and the terminal forecast for Fargo, North Dakota. He was advised by the communicator that all these stations were reporting ceilings of 5,000 feet or better and visibility of 10 miles or above; also, that the Fargo terminal forecast indicated the possibility of light snow showers after 0200 and a cold frontal passage about 0400. The communicator told Peterson that a later terminal forecast would be available at 2300. At 2200 and again at 2330 Pilot Peterson called ATCS concerning the weather. At the latter time he was advised that the stations en route were reporting ceilings of 4200 feet or better with visibility still 10 miles or greater. Light snow was reported at Minneapolis. The cold front previously reported by the communicator as forecast to pass Fargo at 0400 was now reported to pass there at 0200. The Mason City weather was reported to the pilot as: ceiling measured 6,000 overcast; visibility 15 miles plus; temperature 15 degrees; dew point 8 degrees; wind south 25 to 32 knots; altimeter setting 29.96 inches.
At 2355, Peterson, accompanied by Hubert Dwyer, a certificated commercial pilot, the local fixed-base operator at the Mason City Airport, and owner of Bonanza N3794N (the aircraft used on the flight), again went to ATCS for the latest weather information. The local weather had changed somewhat in that the ceiling had lowered to 5,000 feet, light snow was falling, and the altimeter setting was now 29.90 inches.
The passengers arrived at the airport about 0040 and after their baggage had been properly stowed on board, the pilot and passengers boarded the aircraft. Pilot Peterson told Mr. Dwyer that he would file his flight plan by radio when airborne. While the aircraft was being taxied to the end of runway 17, Peterson called ATCS and asked for the latest local and en route weather. This was given him as not having changed materially en route; however, the local weather was now reported as: Precipitation ceiling 3,000 feet, sky obscured; visibility 6 miles; light snow; wind south 20 knots, gusts to 30 knots; altimeter setting 29.85 inches.
A normal takeoff was made at 055 and the aircraft was observed to make a left 180-degree turn and climb to approximately 800 feet and then, after passing the airport to the east, to head in a northwesterly direction. Through most of the flight the tail light of the aircraft was plainly visible to Mr. Dwyer, who was watching from a platform outside the tower. When about five miles from the airport, Dwyer saw the tail light of the aircraft gradually descend until out of sight. When Peterson did not report his flight plan by radio soon after takeoff, the communicator, at Mr. Dwyer’s request, repeatedly tried to reach him but was unable to do so. The time was approximately 0100.
After an extensive air search, the wreckage of N 3794N was sighted in an open farm field at approximately 0935 that morning. All occupants were dead and the aircraft was demolished. The field in which the aircraft was found was level and covered with about four inches of snow.
The accident occurred in a sparsely inhabited area and there were not witnesses. Examination of the wreckage indicated that the first impact with the ground was made by the right wing tip when the aircraft was in a steep right bank and in a nose-low attitude. It was further determined that the aircraft was traveling at high speed on a heading of 315 degrees. Parts were scattered over a distance of 540 feet, at the end of which the main wreckage was found lying against a barbed wire fence. The three passengers were thrown clear of the wreckage, the pilot was found in the cockpit. The two front seat safety belts and the middle ones of the rear seat were torn free fro their attach points. The two rear outside belt ends remained attached to their respective fittings; the buckle of one was broken. None of the webbing was broken and no belts were about the occupants.
Although the aircraft was badly damaged, certain important facts were determined. There was no fire. All components were accounted fro at the wreckage site. There was no evidence of inflight structural failure or failure of the controls. The landing gear was retracted at the time of impact. The damaged engine was dismantled and examined; there was no evidence of engine malfunctioning or failure in flight. Both blades of the propeller were broken at the hub, giving evidence that the engine was producing power when ground impact occurred. The hub pitch-change mechanisms indicated that the blade pitch was in the cruise range.
Despite the damage to the cockpit the following readings were obtained:
Magneto switches were both in the “off” position.
Battery and generator switches were in the “on” position.
The tachometer r.p.m. needle was stuck at 2200.
Fuel pressure, oil temperature and pressure gauges were stuck in the normal or green range.
The attitude gyro indicator was stuck in a manner indicative of a 90-degree angle.
The rate of climb indicator was stuck at 3,000-feet-per-minute descent.
The airspeed indicator needle was stuck between 165-170 mph.
The directional gyro was caged.
The omni selector was positioned at 114.9, the frequency of the Mason City omni range.
The course selector indicated a 360-degree course.
The transmitter was tuned to 122.1, the frequency for Mason City.
The transmitter was tuned to 122.1, the frequency for Mason City.
The Lear autopilot was not operable.
The Aircraft
The aircraft, a Beech Bonanza, model 35, S/N-1019, identification N 3794N, was manufactured October 17, 1947. It was powered by a Continental model E185-8 engine which had a total of 40 hours since major overhaul. The aircraft was purchased by the Dwyer Flying Service, July 1, 1958, and, according to records and the testimony of the licensed mechanic employed by Dwyer, had been properly maintained since its acquisition. N 3794N was equipped with high and low frequency radio transmitters and receivers, a Narca omnigator, Lear autopilot (only recently installed and not operable), all the necessary engine and navigational instruments, and a full panel of instruments used for instrument flying, including a Sperry F3 attitude Gyro.
Roger Arthur Peters, 21 years old, was regularly employed by Dwyer Flying Service as a commercial pilot and flight instructor, and had been with them bout one year. He had been flying since October of 1954, and had accumulated 711 flying hours, of which 128 were in Bonanza aircraft. Almost all of the Bonanza time was acquired during charter flights. He had approximately 52 hours of dual instrument training and had passed his instrument written examination. He fail an instrument flight check on March 21, 1958, nine months prior to the accident. His last CAA second-class physical examination was taken March 29, 1958. A hearing deficiency of his right Ear was found and because of this he was given a flight test. A waiver noting this hearing deficiency was issued November 29, 1958. According to his associates, he was a young married man who built his life around flying. When his instrument training was taken, several aircraft were used and these were all equipped with the conventional type artificial horizon and none with the Sperry Attitude Gyro such as was installed in Bonanza N 3794N. These two instruments differ greatly in their pictorial display.
The conventional artificial horizon provides a direct reading indication of the bank and pitch attitude of the aircraft which is accurately indicated by a miniature aircraft pictorially displayed against a horizon bar and as if observed from the rear.. The Sperry F3 gyro also provides a direct reading indication of the bank and pitch attitude of the aircraft, but its pictorial presentation is achieved by using a stabilized sphere whose free-floating movements behind a miniature aircraft presents pitch information with a sensing exactly opposite from that depicted by the conventional artificial horizon.
The Weather
The surface weather chart for 0000 February 3, 1959, showed a cold front extending from he northwestern corner of Minnesota through central Nebraska with a secondary cold front through North Dakota. Widespread snow shower activity was indicated in advance of these fronts. Temperatures along the airway route form Mason City to Fargo were below freezing at all levels with an inversion between 3,000 and 4,000 feet and abundant moisture present at all levels through 12,000 feet. The temperature and moisture content was such that moderate to heavy icing and precipitation existed in the clouds along the route. Winds aloft along the route at altitudes below 10,000 feet were reported to be 30 to 50 knots from southwesterly direction, with the he strongest winds indicated to be closest to the cold front.
A flash advisory issued by the U.S. Weather Bureau at Minneapolis at 2335 on February 2 contained the following information: “Flash Advisory No. 5 A band of snow about 100 miles wide at 2335 from extreme northwestern Minnesota, northern North Dakota through Bismarck and south-southwestward through Black Hills of South Dakota with visibility generally below 2 miles in snow. This area or band moving southeastward about 25 knots. cold front at 2335 from vicinity Winnipeg through Minot, Williston, moving southeastward 25 to 30 knots with surface winds following front north-northwest with 25 to gusts of 45. Valid until 0335.” Another advisory issued by the U. S. Weather Bureau at Kansas City, Missouri at 0015 on February 3 was: “Flash Advisory No. 1. Over eastern half of Kansas ceilings are locally below one thousand feet, visibilities locally 2 miles or less in freezing drizzle, light snow and fog. Moderate to locally heavy icing areas of freezing drizzle and locally moderate icing in clouds below 10,000 feet over eastern portion Nebraska, Kansas, northwest Missouri and most of Iowa. Valid until 0515.” Neither communicator could recall having drawn these flash advisories to the attention of Pilot Peterson. Mr. Dwyer said that when he accompanied pilot Peterson to ATCS, no information was given them indicating instrument flying weather would be encountered along the route.
There is no evidence to indicate that very important flash advisories regarding adverse weather conditions were drawn to the attention of the pilot. On the contrary, there is evidence that the weather briefing consisted solely of the reading of current weather at en route terminal and terminal forecasts for the destination. Failure of the communicators to draw these advisories to the attention of the pilot and to emphasize their importance could readily lead the pilot to underestimate the severity of the weather situation.
It must be pointed out that the communicators’ responsibility with respect to furnishing weather information to pilots is to give them all the available information, to interpret this data if requested, but not to advise in any manner. Also, the pilot and the operator in this case had a definite responsibility to request and obtain all of the available information and to interpret it correctly.
Mr. Dwyer said that he had confidence in Peterson and relied entirely on his operational judgment with respect to the planning and conduct of the flight.
At Mason City, at the time of takeoff, the barometer was falling, the ceiling and visibility were lowering, light snow had begun to fall, and the surface winds and winds aloft were so high one could reasonably have expected to encounter adverse weather during the estimated two-hour flight.
It was already snowing at Minneapolis, and the general forecast for the area along the intended route indicated deteriorating weather conditions. Considering all of these facts and the fact that the company was certificated to fly in accordance with visual flight rules only, both day and night, together with the pilot’s unproved ability to fly by instrument, the decision to go seems most imprudent.
It is believe that shortly after takeoff pilot Peterson entered an area of complete darkness and one in which there was no definite horizon; that the snow conditions and the lack of horizon required him to rely solely on flight instruments for aircraft attitude and orientation.
The high gusty winds and the attendant turbulence which existed this night would have caused the rate of climb indicator and the turn and bank indicator to fluctuate to such an extent that an interpretation of these instruments so far as attitude control is concerned would have been difficult to a pilot as inexperienced as Peterson. The airspeed and altimeter alone would not have provided him with sufficient reference to maintain control of the pitch attitude. With his limited experience the pilot would tend to rely on the attitude gyro which is relatively stable under these conditions.
Service experience with the use of the attitude gyro has clearly indicated confusion among pilots during the transition period or when alternating between conventional and attitude gyros. Since Peterson had received his instrument training in aircraft equipped with the conventional type artificial horizon, and since this instrument and the attitude gyro are opposite in their pictorial display of the pitch attitude, it is probably that the reverse sensing would at times produce reverse control action. This is especially true of instrument flight conditions requiring a high degree of concentration or requiring multiple function, as would be the case when flying instrument conditions in turbulence without a copilot. The directional gyro was found caged and it is possible that it was never used during the short flight. However, this evidence is not conclusive. If the directional gyro were caged throughout the flight this could only have added to the pilot’s confusion.
At night, with an overcast sky, snow falling, no definite horizon, and a proposed flight over a sparsely settled area with an absence of ground lights, a requirement for control of the aircraft solely by reference to flight instruments can be predicated with virtual certainty.
The Board concludes that pilot Peterson, when a short distance from the airport, was confronted with this situation. Because of fluctuation of the rate instruments caused by gusty winds he would have been forced to concentrate and rely greatly on the attitude gyro, an instrument with which he was not completely familiar. The pitch display of this instrument is the reverse of the instrument he was accustomed to; therefore, he could have become confused and thought that he was making a climbing turn when in reality he was making a descending turn. The fact that the aircraft struck the ground in a steep turn but with the nose lowered only slightly, indicates that some control was being effected at the time. The weather briefing supplied to the pilot was seriously inadequate in that it failed to even mention adverse flying conditions which should have been highlighted.
Probable Cause
The Board determines that he probably cause of this accident was the pilot’s unwise decision to embark on a flight which would necessitate flying solely by instruments when he was not properly certificated or qualified to do so. Contributing factors were serious deficiencies in the weather briefing, and the pilot’s unfamiliarity with the instrument which determines the attitude of the aircraft.
By the Civil Aeronautics Board: James R. Dupree/ Chan Gurney/Harmar D. Denny/ G. Joseph Minetti/ Louis J. Hector

Saturday, January 21, 2017

Angels Among Us ,,

from youtube

For Jennifer, Carol, and Judge.  

A special recognition for Jennifer Rodgers, an Angel Among Us. 

Tuesday, January 17, 2017

January 17, 2017

Fortunately, there are periods in my adult life when the law is enforced, justice works, and wrongs are righted.  This day, January 17, 2017, a decade ago such energy came to life when the BAP, bankruptcy appellate panel, with a plain reading of the law, the  BAP reversed the bankruptcy court. The case 04-1456 was about the same law, 11 USC 362, as in my earlier appeal about my home. The appeals court reaffirmed current law, and ordered damages be awarded. 

The Published Opinion January 17, 2006. 

By  2011, the law changed when earlier the BAP ruled the bankruptcy court must consider violations of law, (in re Nathan Johnson) that happened during the pendency of the case, and even after the case was dismissed.  

I filed a motion for sanctions, and the court clerk gave me a date, February 14, 2011.  and time for a hearing,  with the clerk for February 14, 2011, and filed all necessary pleadings,. On Valentine's day, I arrived early to discover the case had been dismissed on January 27. 2011, eighteen days earlier, and eight days after the deadline to appeal had expired. 

I filed a notice with the court informing them I had not received notice of this dismissal until I arrived at court and discovered my case was dismissed 18 days earlier, past the time to appeal. 

Believing a writ of mandamus was the proper way to cure these legal difficulties,  I filed a petition for a writ of mandamus, on May 2, 2011, with the BAP, which was denied about 20 days later. 

Judge Jury, my bankruptcy judge, now on this 7 member judge panel was not one of the 3 deciding judges that declined it.   It did, however, cause me to recheck my studies in sociology, about group dynamics, that favor senior members thoughts and opinionios. 

Current Status

The 9th circuit court of appeals decided in a split decision that this BAP, did not have the authority to even consider a writ, let alone decide its worthiness. Case dismissed,.after that the American Bar Association, the California Bankruptcy Forum, Thomas Phinney, and a Professor at The University of Michigan all filed 'amicus briefs' friend of the court briefs in support of my position.

The court decided from a full reconsideration, denying my constitutional, rights to redress, hey guy's remember that, and found it easier and more expedient to get rid of this pesky litigant. 

In over 15 years of litigation, not once, have the bankers, or 'Financial Institutions' as the court prefers to call these criminals. The banksters,  Chase / Ocwen have never once denied my charges. They know they are guilty as can be. Jamie Dimon, Bill Erbey, do you really want to go to the Supreme Court with this ?

Monday, January 16, 2017


January 17, 2017

I lost my home of 26 years, and my home based business, Residential Fire Sprinklers because Ocwen Federal Bank (servicer)  and Chase Manhattan (beneficiary) violated federal bankruptcy law 11 USC 362(a), as well as criminal law,18 USC 152(1-9), in 2001. 
In 15 years, 187 months, the 9th Circuit jurists have protected the banks, by not allowing me a fair and open trial, to flesh out the facts, and failed in enforcing the constitution of the United States of America. The banksters, and the courts, have failed to recognize my constitutional right to redress, articuled in at least the first, fifth, and fourteenth amendments to the base law of our country.  Instead over 15 years of appeals, my constitution right to redress, have been ignored.

This last appeal 11-60039, opening, and responding briefs were due on Jan 5, 2012, and February 6, 2012, respectively. Ocwen ignored this order and did not respond to my informal opening brief filed timely.  Ten months later, the court ordered Ocwen to file a response within 14 days, or risk the possible loss of being able to argue at oral arguments. Over three years later the banks suddenly 'woke up' when I changed my requested relief to a trial by jury. 

This woke up the banks, who the court ultimately denied my appeal, and published the opinion, in a split decision that the BAP had no authority to hear it, let alone grant the order to follow the law. (seems like changing rules, mid game) It was a published and thus became the law. The court then decided that they wanted to rehear my case 'en banc', which cost me over $900.00 in printing and shipping costs, for documents, the court already had, paper and electronic.  Then it was quickly decided. Sidestepping the ruling of the 3 justice panel, and ruled that the victim, was the bad guy, trying to short cut the appeals process. Really, after 15 years just to get into court. Unreal. 
The WSJ noted this in an 11-11-16 article.  

How did this get started?

In late October 2000, seriously in default, Ocwen faxed a reinstatement quote of $22, 823.66, to bring my loan current through October 31, 2000. Shortly after I discovered the faxed quote was in error, the line items were correct, just an addition error. I called Ocwen and talked to a supervisor, and wanted to know the bank's intentions?  Send me a check, or apply to next few payments. He said 'we will look into it'  

The next month I was notified, that a notice of default was recorded asserting I was $10,539.25 in arrears!  WTF ? 

I rescinded the loan under the extended TILA rights. They ignored it. Called my attorney  Clay Presley, to learn he was in UK, golfing, not expected home till early 

Dear Editor:

On November 9, 2016, I was astonished to learn that the 9th Circuit court of Appeals, had again, denied my constitutional civil right to be heard. 

For now, over 15 years since the bank's violations of federal bankruptcy law, caused the loss of the family home of 26 years, and the loss of my start up home based business, Residential Fire Sprinklers, that I operated since leaving the computer/software industry in 1991. 

My basic American civil rights have been ignored. Attempts to gain a trial on my charges have failed.  The banks have been successful in their endeavor to stay out of court. The proof of their unlawfulness is undeniable, so staying out of court, is their only path to success, and paramount to the bank in their strategy of attrition, which has been successful for now 187 months!  

Summary Background

On October 13, 2000, I  had wired the Ocwen,  $22,823.66 to fully reinstate the loan on my home, which was seriously delinquent. When I discovered that an addition error on their reinstatement quote in their favor for $3843.69,  I immediately called Ocwen to see if they were going to use the $3,843. to pay for a few months of paymens or could I expect a check.They informed me that they would 'look into it'  

The very next thing, one month later, Ocwen changed the trusttee, who recorded a notice of default, beginning a foreclosure 

The  banks had issued a deed to party, O’Neal, despite my bankruptcy protection. 

 which I filed to stop them from proceeding with their phony foreclosure based on a terribly flawed notice of default, asserting I was $10,539.69 behind, when, in fact, they had not yet accounted for the $3841.25 overpayment made two months earlier. Ocwen had made a simple  addition error.   

I simply wanted a trial, for the banks  to face my accusations that cost me so much, by their violations of civil law 11 USC 362(a) for negligent and possibly criminal behavior, 18 USC 152 yet the facts of my case remain unexamined.

In 2001, the banks, Chase Manhattan, and Ocwen Federal Bank F.S.B issued a deed to my home while I was protected by a Chapter 13 bankruptcy case. Then, instead of rescinding this deed by recording a document with the county recorder they proceeded for the next 16 months in this title deception, with legal rights vested to the titled owner; the O’Neal’s. The banks continued to collect payments from me, through the bankruptcy court, this may expose them to criminal sanctions under 18 USC 152 (1-9) 

In early 2003, the banks sold my house, again, to a real estate investor. and since March of 2003, I have fought to get a trial to determine the facts. The courts have consistently denied me this basic law of our country. 

The US Constitution guarantees this basic right to be heard and bring your grievances to a fair and open trial. For now, over 15 years, the banks have won by staying out of  court ,to face my charges.  

The banks have acted with impunity during this last appeal, for example, the banks did not file a response to my informal opening brief, ten months later, the court issued an order for the banks to file their response within 14 days. The banks continued to ignore ordered the court for over 3 years, finally responding when I changed my prayer to remanding the case to the US District court, for trial by jury! 

That did it, they replied quickly, and then fairly quickly, the appeals court debates bankruptcy jurisdiction, then the en bank court, ruled that the victim was the bad guy, trying to take shortcuts with my petition for a writ of mandamus. Ign Now, at 67, I don't have the time to waste, while the courts argue about jurisdiction issues.  

Can you help me by opening an investigation into my charges? Or order a trial for me, before the next administration takes over. 

Attorney General Lynch, while time remains, please order an investigation of my civil right to bring my grievances under the law of our United States Constitution, into the light. I am afraid this after January 20, 2017.

Thank you for your service to our country, Happy New Year and best wishes to you and your family


Gary L. Ozenne
7351 Piute Creek Drive, Corona, CA 92881

I contacted you a few years back, to inform you of my legal difficulties trying to gain a court room trial against the bank and service agent who stole my home of 26 years and has never had to answer for the undeniable violations of law. 

Sunday, January 15, 2017

Churchill - Their Finest Hour June 18, 1940

from youtube

About Toronto

from wikipedia

From Wikipedia, the free encyclopedia
Part of a series on the
History of Toronto
Old City Hall.jpg
Town of York(1793–1834)
City of Toronto(1834–1954)
Metropolitan Toronto(1954–1998)
Toronto (Amalgamated)(1998–present)
Toronto Purchase1787
Battle of York1813
Battle of Montgomery's Tavern1837
First Great Fire of Toronto1849
Second Great Fire of Toronto1904
Hurricane Hazel (effects)1954
First Amalgamation1967
Second Amalgamation1998
Toronto Flag.svg Toronto portal
Toronto in 1901
The history of Toronto, Ontario, Canada begins several millennia ago. Archaeological finds in the area have found artifacts of First Nations settlements dating back several thousand years. The Wyandot people were likely the first group to live in the area, followed by the Iroquois. When Europeans first came to Toronto, they found a small village known as Teiaiagon on the banks of the Humber River. Between visits by European explorers, the village was abandoned by the Iroquois, who moved south of Lake Ontario and the Mississaugas, a branch of the Ojibwa settled along the north shore of the lake.
The French first set up trading posts in the area, including Fort RouillĂ© in 1750, which they abandoned as the British conquered French North America. In 1786, Lord Dorchester arrived in Quebec City as Governor-in-Chief of British North America. His mission was to solve the problems of the newly landed Loyalists from the United States after the US War of Independence. At first, Dorchester suggested opening the new Canada West as districts under the Quebec government, but the British Government made known its intention to split Canada into Upper and Lower Canada. Dorchester began organizing for the new province of Upper Canada, including a capital. Dorchester's first choice was Kingston, but was aware of the number of Loyalists in the Bay of Quinte and Niagara areas, and chose instead the location north of the Bay of Toronto, midway between the settlements and 30 miles (48 km) from the US. Under the policy of the time, the British recognized aboriginal title to the land and Dorchester arranged to purchase the lands from the Mississaugas.[1] A provisional Upper Canada government was set up in Newark (today's Niagara-on-the-Lake) in 1791.
In 1793, Lieutenant Governor John Graves Simcoe moved the capital of Upper Canada to Toronto, which he named York, not wanting an aboriginal name. Simcoe originally planned for York to be a city and military outpost and to set up a capital in the area of London, Ontario, but he abandoned the plan and York was named the permanent capital in 1796. The Mississaugas set up a settlement reserve in the area of Port Credit to the west of York, and eventually moved further to the west.
Simcoe only lived in York for three years, but he directed its initial settlement on a gridiron layout near the mouth of the Don River. In 1797, the garrison which became Fort York was built at the entrance to Toronto Harbour. Tensions between the British and Americans persisted and war broke out in 1812. In 1813, the garrison was attacked and overrun by the Americans forcing the British to retreat. The Americans, who lost their commanding officer in the battle, sacked the town and burned down the government buildings, but did not take possession of York. Peace came after only two years of the war which ended in a stalemate. During peacetime, York steadily grew in population, although its infrastructure lagged, leading to the nickname of "Muddy York". As the village grew, tensions grew between the ruling class in York and growing merchant and worker classes who advocated for reforms. York was incorporated and renamed Toronto in 1834, leading to the first Toronto elections. Toronto's first mayor William Lyon Mackenzie, a reformer, persisted in his efforts to reform Upper Canada, culminating in his organization of a rebellion in 1837. Upper Canada forces defeated the rebels, and Mackenzie and others fled to the United States.
Peace again returned to Toronto and the city steadily grew during the 19th century, a major port of distribution as Upper Canada was settled. Toronto businesses grew including the meat packing business, leading to the nickname of "Hogtown". Toronto continued to grow by annexing outlying villages up until the early 1900s. After World War II, another major influx of immigrants came to the region, leading to the growth of numerous suburban villages. However, the suburban villages did not have the tax base to build the infrastructure to support the growth in population. To support the suburban growth, the Government of Ontario set up Metropolitan Toronto, a regional government encompassing Toronto and its suburbs, in 1954. The regional government built roads, water treatment and highways in Toronto, although the central city remained the largest municipality and occasionally defeated regional projects, such as the Spadina Expressway and other expressways and the clearing of the Toronto Islands. In the second half of the 20th century, Toronto surpassed Montreal as Canada's largest city and became the economic capital of the country. In 1998, the "megacity" of Toronto was formed by the dissolution of the regional government and the amalgamation of the Toronto municipalities into one municipality.
In the 21st Century, Toronto has integrated the core and the suburbs under one government, although many bylaws enacted by the former municipalities remain in effect. A division has persisted between the interests of those who live in the former suburbs and those of the central core. The central core has seen unprecedented office growth and residential growth, particularly of condominium apartments, while the former suburbs and further outlying suburbs have seen the bulk of new industrial investment. A major metropolis of over 2.5 million persons, Toronto is also one of the most diverse ethnically in the world. All of this growth took place on the lands of the original Toronto Purchase, of which final agreement was only finally reached between the Mississaugas and the Government of Canada in 2010.

Saturday, January 14, 2017

January 14, 2017

January 14, 2017

I have gone from a tech nerd at Microsoft , to a despicable person, as a self represented litigant, to bring violations of law, to over 30 members of the 9th Circuit Court of Appeals. Perhaps,overlooking my American right to be heard, the United States Constitution outlined in at least, the first, fifth, fourteenth amendments to the base law that our county was established.

What ever their opinions, which is binding law since published law, they have, however, been reluctant to allow me to testify in front of them, along with the bankers,  where we could all look each other in the eyes, in front of the jurists. I hope these highly regarded bastions of law, where not trying to avoid facing, eyeball to eyeball. an average citizen, full of fury, demanding his rights.  I specifically asked for this opportunity in my last pleading to the court. 

Sorry jurists, but you only needed to read what you were taught in 11th grade about the United States Constitution and the bill of rights.

more to come.....

Friday, January 13, 2017

This is not America

from youtube

From the movie "The Falcon and the Snowman"  
and my feelings about justice 

Wednesday, January 11, 2017

These Reports Allege Trump Has Deep Ties To Russia


A dossier, compiled by a person who has claimed to be a former British intelligence official, alleges Russia has compromising information on Trump. The allegations are unverified, and the report contains errors.
Drew Angerer / Getty Images
A dossier making explosive — but unverified — allegations that the Russian government has been “cultivating, supporting and assisting” President-elect Donald Trump for years and gained compromising information about him has been circulating among elected officials, intelligence agents, and journalists for weeks.
The dossier, which is a collection of memos written over a period of months, includes specific, unverified, and potentially unverifiable allegations of contact between Trump aides and Russian operatives, and graphic claims of sexual acts documented by the Russians. BuzzFeed News reporters in the US and Europe have been investigating various alleged facts in the dossier but have not verified or falsified them. CNN reported Tuesday that a two-page synopsis of the report was given to President Obama and Trump.
Now BuzzFeed News is publishing the full document so that Americans can make up their own minds about allegations about the president-elect that have circulated at the highest levels of the US government.
The document was prepared for political opponents of Trump by a person who is understood to be a former British intelligence agent. It is not just unconfirmed: It includes some clear errors. The report misspells the name of one company, “Alpha Group,” throughout. It is Alfa Group. The report says the settlement of Barvikha, outside Moscow, is “reserved for the residences of the top leadership and their close associates.” It is not reserved for anyone, and it is also populated by the very wealthy.
The Trump administration’s transition team did not immediately respond to BuzzFeed News’ request for comment. However, the president-elect’s attorney, Michael Cohen, told Mic that the allegations were absolutely false.
“It’s so ridiculous on so many levels,” he said. “Clearly, the person who created this did so from their imagination or did so hoping that the liberal media would run with this fake story for whatever rationale they might have.”
And Trump shot back against the reports a short time later on Twitter.
His former campaign manager and current senior White House adviser, Kellyanne Conway, also denied the claims during an appearance on Late Night With Seth Meyers, adding that “nothing has been confirmed.” She also said Trump was “not aware” of any briefing on the matter.
The documents have circulated for months and acquired a kind of legendary status among journalists, lawmakers, and intelligence officials who have seen them. Mother Jones writer David Corn referred to the documents in a late October column.
Harry Reid spokesman Adam Jentleson tweeted Tuesday that the former Senate Democratic leader had seen the documents before writing a public letter to FBI Director James Comey about Trump’s ties to Russia. And CNN reported Tuesday that Arizona Republican John McCain gave a “full copy” of the memos to Comey on Dec. 9, but that the FBI already had copies of many of the memos.

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Read the report here:

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