InJustice4Most
...
updated 14 years ago
part 1 of 5
possible fucktard, plausible shitbrain, probable ASSHOLE
http://www.inmendham.com/dog/FUCKMH2.html
Pending before the Court is pro se Plaintiff Gary INMENDHAMs (INMENDHAM) motion for recusal. (Doc. 36.) Also before the Court is pro se Defendant XXXXX XXXXXX (XXXXXX) motion to dismiss (Doc. 6), as well as Plaintiff INMENDHAMs response (Doc. 9) and XXXXXX reply (Doc. 10).
Although XXXXXX motion included information outside Plaintiff INMENDHAMs complaint, arguably making it a motion for summary judgment, the Court will rely solely on the facts contained in the complaint and therefore construe XXXXXX pleading as a motion to dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). Upon review and consideration of these motions, the
responses and replies thereto, the relevant legal authority, and for the reasons explained below, the Court finds that Defendant XXXXXX motion to dismiss (Doc. 6) should be granted, and that Plaintiff INMENDHAMs motion for recusal (Doc. 36) should be denied.
I. Background and Relevant Facts
This is a copyright case with a multifarious procedural history. On December 17, 2008, the parties in this case failed to appear for a scheduling conference before Magistrate Judge Stephen Smith. Pro se Plaintiff INMENDHAM had earlier requested special accommodation to appear by teleconference due to an alleged anxiety disorder. (Doc. 7.) On December 18, 2008, the day after the scheduled conference, U.S. District Judge David Hittner dismissed the case for failure to prosecute, without ruling on INMENDHAMs request for special accommodation. (Docs. 11 and 13.) INMENDHAM appealed. The U.S. Court of Appeals for the Fifth Circuit vacated the dismissal and remanded the case to the district court because there was no clear record of delay or contumacious conduct by the plaintiff and therefore his request that the conference be held by telephone or electronic means was not unreasonable given the distance from his home in New Jersey and his assertions, albeit unsupported by evidence, that he suffers a disability that prevents him from traveling. (Doc. 25 at 2, USCA No. 09-20057, September 15, 2009.)
On remand, Judge Hittner scheduled a Rule 16 conference by telephone for October 8, 2009. (Doc. 18.) Although both parties appeared by telephone, the minute entry reflects that the Rule 16 Scheduling Conference [was] not held, and the conference was reset. (Doc. 20.) On the same day Judge Hittner recused himself from the case. (Doc. 21.) On or about October 9, 2009 Plaintiff INMENDHAM posted a video on the internet site YouTube that included recorded excerpts from the teleconference with Judge Hittner along with INMENDHAMs commentary. See, http://www.youtube.com/watch?v=ICTrVUvYqDo. Related videos posted on the internet can be found at http://www.youtube.com/donotgod and
http://www.youtube.com/inmendham. Plaintiffs recording and posting on the internet the October 8, 2009 conference with Judge Hittner constitute a direct violation of Local Rule 83.7,
which states that, [e]xcept by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted in the courthouse. Local Rule 83.7 of the U.S. District Court for the Southern District of Texas, http://www.txs.uscourts.gov/district/rulesproc.
After Judge Hittners recusal, the case was reassigned to this Court. (Doc. 22.) On October 13, 2009, Magistrate Judge Frances H. Stacy reset the Rule 16 scheduling conference for March 3, 2010; all parties were specifically ordered to appear in person at the conference. (Doc. 30.) On February 25, 2010, Plaintiff INMENDHAM filed a Motion for Accommodation and Notice of Special Circumstances requesting that he be allowed to appear by telephone. (Doc. 33.) In the Minutes of the Rule 16 Scheduling Conference held March 3, 2010, the case manager to
youtube has a text limit so I will provide link to complete text
http://www.inmendham.com/dog/mh1.html
the town lawyers
methfessel & werbel esqs.
Judge David Hittner is not umpiring justice, he is perpetrating crimes against basic human rights under an authority government disgraces itself by bestowing to such a despicable human being.
mp3 of 3mins of shit:
http://inmendham.com/video/hittner.mp3
Flv file of this video
http://inmendham.com/video/jdh1.flv
http://inmendham.com/suetube/M3p1.html
inmendham