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2007 Appeal - American Agencies, Experian, CIC

Wednesday, November 19, 2008

The appeals court denied my petition for panel rehearing or rehearing en banc

My 10/3/08 post about my petition

11/19/08: Order denying Petition

Before: TASHIMA, SILVERMAN, and N.R. SMITH, Circuit Judges

The panel has voted to deny the petition for panel rehearing.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R.
App. P. 35.

The petition for panel rehearing and the petition for rehearing en banc are denied.

Well, it’s not that I expected justice, but it has to be rather obvious now to EVERYBODY that consumers have NO rights in America.

So I can either commit a public suicide, blow my brains out and make sure that the video ends up on youTube in hopes that “somebody” will “sometime” take some action, or you can kill this corrupt system by building a NEW system without commercial banks, without corrupt politicians and without assholes in robes.

Your choice.

Friday, October 03, 2008

My petition for rehearing / en banc re. Experian filing my unredacted credit reports

I decided to file my petition for rehearing with suggestion for rehearing en banc.  Fortunately I got approved for electronic filing in the 9th circuit and that gave me a few extra days.

I thought I was done on Wednesday, spent endless hours since yesterday on rewriting.  I didn’t want to be too offensive, but let’s face it, what happened to me in federal court and then on appeal makes any dictatorship look good.  The courts did exactly what the people in power want them to do:

IGNORE the rules, the facts and the law to benefit the elite.

It’s not just about my case.  It’s about the SYSTEMIC violations of consumer protection laws and the courts consistently backing corporations.

I just saw that the House passed the bailout, Bush signed it and stocks went down. 

It is so scary to read the comments on the web from all these people ready to start a civil war.

Any war ALWAYS hurts the working people and the poor most.  The elite either already left the country or has their jets standing by.  Yes, America was born through revolution.  But you can’t possibly think that the militia can prevail against the American military.  The military can listen to all communications and has weapons you can’t even imagine.  TRILLIONS of your tax dollars have gone into black projects.  The army is deployed in America, ready to kill Americans.  Blackwater is standing by.

Be afraid.  Be very afraid.

Of course I don’t expect that my petition is granted.  I lost my faith in the American justice system a long time ago.  But I had to do something.

It’s all I CAN do aside from telling those who are struggling to get by to STOP paying your unsecured debt and prepare.

Stock up on food, fuel and supplies and get ready to be on your own.  There is nothing the government will do to help you.  All they CAN do is print more money and cause prices to skyrocket. 

Here is my entire petition:

Friday, September 19, 2008

Appeals court AFFIRMS:  entire UNREDACTED credit reports can be filed on PACER

The 9/19/08 Memorandum:

Before: TASHIMA, SILVERMAN, and N.R. SMITH, Circuit Judges.

Christine Baker appeals pro se from the district court’s summary judgment in favor of defendants American Credit Agencies, Inc. (“American”) and Tom Wells, and orders denying her motions for redactions against defendant Experian Information Solutions, Inc. (“Experian”). We have jurisdiction under 28 U.S.C. § 1291. We review the grant of summary judgment de novo. Satey v. JP Morgan Chase & Co., 521 F.3d 1087, 1091 (9th Cir. 2008). We affirm.

Summary judgment was proper because Baker failed to raise a genuine issue of material fact as to whether American or Wells violated the Fair Credit Reporting Act, the Fair Debt Collection Practices Act or Arizona state laws. See Butler v. San Diego Dist. Attorney’s Office, 370 F.3d 956, 963 (9th Cir. 2004) (explaining plaintiff’s summary judgment burden).

The district court did not abuse its discretion by denying Baker’s motions for redactions because Experian complied with the redaction requirements set forth in the District of Arizona Case Management/Electronic Case Filing Administrative Policies and Procedures Manual.

Baker’s request for sanctions is denied.

AFFIRMED.

* for publication and is not precedent except as provided by 9th Cir. R. 36-3.
** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

That’s what I got for the $455 filing fee?  They addressed NONE of the issues.

I’ve read MANY appeals court opinions but I’ve NEVER seen anything like this.  They IGNORED my briefs entirely.  They didn’t even mention ConsumerInfo.com, which also filed my unredacted credit reports on PACER.

This is an insult to every person with a credit report and every person who finances this Kangaroo Court with their tax dollars.

The justice system is telling me to stop bothering them.  They IGNORE the facts and they IGNORE the law, such as the FCRA requirement to provide credit reports only to persons with a permissible purpose.

They addressed my entirely unredacted credit reports on PACER for download by the general public with exactly ONE sentence:

“The district court did not abuse its discretion by denying Baker’s motions for redactions because Experian complied with the redaction requirements set forth in the District of Arizona Case Management/Electronic Case Filing Administrative Policies and Procedures Manual.”

And that is an outrageous lie.  Several completely UNREDACTED credit reports—in violation of the Manual—were not sealed until after I dismissed in exchange for removal of my credit reports from PACER.

My first impulse is to want to post the judges credit reports.

As regular readers know, I posted that I wanted judge Broomfield’s address for publication. 

Immediately I had the marshall from Phoenix visiting to intimidate me!

What’s good for the goose is good for the gander—isn’t it?

I also uploaded the post judgment form with info about requesting a Panel Rehearing or a Rehearing En Banc and the petition has to be filed withing 14 days.  Right now I don’t see the difference.  I suppose I should give this a try, if for no other reason than to get some more names of CORRUPT JUDGES.

I appreciate any help with that filing.

It looks like I’ve done what I could WITHIN the system, it’s time to get out.

I expect similar rulings in my other appeals.

This ruling serves to document the corruption of the American justice system—if you’re struggling to get by and you are near judgment-proof, STOP paying your credit cards now! (after you max them out of course)

Another real nice example of the corruption in America is the Palin email hacking investigation.  MILLIONS of people have their email accounts hacked.  People get death threats.  What does law enforcement do?

NOTHING.

The FBI investigates after VP candidate Palin’s email was hacked because she used her PERSONAL email for GOVERNMENT business in violation of the law.  Obviously, “hockey mom” Palin is not qualified to be VP as she is completely oblivious to the most basis security issues and she apparently deliberately used personal email addresses to keep the government communications off the record.  ANOTHER corrupt politician, as additionally evidenced by her refusal to cooperate with the abuse of power investigation.

The FBI works hard to ensure that corrupt legislators and elected officials can continue to conduct official business OFF the record.

Unlike MANY others, I don’t believe that violence is the way to change this system.

You just have to let things play out and AFTER everything is done and over with, it would be really cool if there was an TESTED better system ready to be put in place.

Now that the governments of America, Canada, Europe and Australia decided to bail out the “too big to fail” companies, we may see thousands of banks get bailed out or bought up for next to nothing by Chase, BofA and Wells Fargo.

The cost of the bailout will be paid by the tax payers. While the national debt increases, social services decrease and personal freedom will be severely restricted.

The American people are slaves to bankers, the military industrial complex, the pharmaceuticals, etc.

I will not be their slave. 

I’m in the “fortunate” position of not having to pay income tax because I don’t have enough income.  In recent years I got tax credits for my off grid power system and since I don’t have a mortgage and I stopped paying my credit cards, I can get by on a lot less money than most people.  The server and legal fees are my major expenses.

It’s NICE not to have a power bill. 

I’ve gone back to updating http://solar-wind-power.org/ and there are so many cool alternative power solutions in the works. 

It is amazing to realize that we don’t need wars over oil, we have UNLIMITED energy. 

Unfortunately, one of the most promising companies, nanosolar.com, just sold out and partnered with a bunch of corporations including the Carlyle Group to provide cheap solar panels to the large corporations and utilities INSTEAD of individuals.

However, there ARE many small companies and inventors willing to share and making their research public.  GOOD stuff is happening too.  I just need to get away from this giant cesspool called “American justice system” and the government and credit and focus on productive issues.

Why am I the only person so fed up and willing to DO something?

Tuesday, September 25, 2007

My appeal brief regarding the Experian perjury and American Agencies

9/21/07 opening brief

The longer I worked on that brief, the more pissed off I got.  I have no idea how I can even deal with all this BS, the lies, lies and more lies, perjury, and judge Broomfield not giving a damn.

Nobody can imagine how fed up I am.

Been working on a new website just about the Experian perjury and I will be sending out a press release, hopefully next week.

It’s amazing how it’s all so totally depressing that I really didn’t deal with it until I had the appeals deadline.  I’m thoroughly motivated now.

Enough is enough!

Friday, May 18, 2007

Have to refile against TU, Equifax, NCO and Dana Capital - name judge Broomfileld and the court?

Judge Wake dismissed TU, Equifax, NCO and Dana Capital because the claims aren’t identical or related to my claims against DirecTV.  The bright side is that HOPEFULLY I’ll soon get to start discovery and I can’t wait to send my discovery requests to Focus Receivables. 

I’ll dismiss DirecTV, since judge Wake dismissed my claims against them except breach of contract WITH PREJUDICE and he wants to dismiss them due to lack of federal jurisdiction. 

So I hope that the DirecTV executives and lawyers choke on the money they stole from me.

I can’t afford to litigate over a few hundred dollars.

You have to remember that the American legal system considers me a slave, my time has no value because I am not an attorney.  I prefer to take the time to write the DirecTV chapter in my book and to finally get the press release out.

There are a lot of filings to upload, maybe I’ll get to it this weekend.

I had time to contemplate how to proceed while driving to town yesterday.  I could add to the new suit against NCO and TU the parties involved with the posting of my credit reports on PACER. 

Jones Day & Marc Carlson, the attorney who filed my unredacted credit reports, Experian and ConsumerInfo.com, the defendants on whose behalf my unredacted credit reports were filed and judge Broomfield and the court for refusing to remove the unredacted reports despite my 3 motions— until I dismissed all my claims with prejudice for nothing but the removal of my credit reports.

I want a preliminary injunction, prohibiting the posting of ANY of my credit reports on PACER.  Credit reports must be filed under seal.

Ultimately I want a standing order for the court to prohibit the filing of any consumer report on PACER unless the consumer consents.

There is NO reason not to file credit reports under seal.

I want the defendants to pay for whatever it takes to get me a new social security number, drivers license number, phone number, address, etc.  Can’t change my birth date.

If you look at the individuals’ conduct, it certainly APPEARS as if they conspired to destroy me.  But they probably pursued their own agenda, to stop my from filing lawsuits, to subject me to ID theft and physical harm, to cause “mental anguish” and to force me into bankruptcy.

With regards to the defendants who were just dismissed, the central claim is that all 3 CRAs failed to terminate NCO’s and Dana Capital’s access to consumer reports after they received my written request in 12/04 and just in March 2007, Dana Capital ran my credit again.  Dana Capital is now out of business. Maybe I could name CEO Dana Smith?

If I file 2 lawsuits and spend well over $1,000 dollars on filing and service fees, will they move for joinder?  At least one claim will be identical, providing credit reports to persons without permissible purpose.

I have lots of time before the SOL expires for the filing of my unredacted reports on PACER, but I have only a few weeks to refile against TU and NCO regarding their inquiry and add Experian and Equifax re. the 3/07 Dana Capital inquiry.

Question 1:  How do I keep Experian from filing my credit reports on PACER again?

Question 2:  Am I obligated to state all my claims against Experian, including regarding their posting of my reports on PACER?

If I file one complaint with all claims and I get judge Wake again, NCO only needs to file a motion to dismiss and he will dismiss all defendants not related to the NCO claims and I wasted a lot of money.  If the court, Broomfield or Jones Day file a motion to dismiss, he will dismiss NCO and then the SOL expired for their collection inquiry.

I guess the only way to make sure that I don’t lose claims due to expired SOL and to prevent Experian from filing my credit reports on PACER again is to file two suits now.  $700 filing fees + costs of service that I really can’t spend until I sold my home.  Not to mention that it’ll take MANY hours to write the complaints, figure out who + how to serve, etc.

So I’ll have to price my place BELOW MARKET for a quick sale.  I’ve been working endless hours landscaping and making it look good to get top dollar and I’m almost done.  I just can’t win.