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Re: Appealing a denied motion

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  • Colleen
    The judge was the only one who challenged the jurisdiction. This case involves the United States Air Force. During discovery, I learned of several government
    Message 1 of 5 , Jun 25, 2005
      The judge was the only one who challenged the jurisdiction.  This case involves the United States Air Force.  During discovery, I learned of several government agents involved in preventing me from getting a contract, and disclosing my company plans to one of their "pet" companies, so that company could get my plans instead of me.
       
      When I tried to amend my complaint and add new defendants, the judge said he wouldn't allow me to clean up the base.  He also put my case on hold for 60 days and assisted the defendants (a large company who sued Intel), to go after a 40+ million dollar contract using my company information that was protected by a court order.  When I cited Federal Acquisition Regulations to the judge, showing why this company could not be involved in the contract he was helping them get (which was also a portion of my complaint), he said he didn't understand government contracting.  Then he gave the defendant's attorney permission to bypass the protection order.
       
      I was in the process of getting the judge to recuse himself when he challenged jurisdiction.  I asked the court if the defendants were doing the challenge and the clerk said it was the judge only who was challenging it.   The court, court reporter, my former attorney, and the defendants hid a deposition from me until the final brief was due, even though I asked for the deposition so I could respond to the contents.
       
      On May 9th of this year, I got a case dismissed, without prejudice, from the judge, telling me I had to file my case in the Court of Federal Claims.
       
      I got a letter from the defendant's attorney telling me that since no appeal was filed, I could pick up my documents.  I called the attorney and told him I'm filing in the COFC.  He said that court probably won't have jurisdiction either.  The US Air Force, Small Business Administration, an H1-B visa holder from India, and four corporations will be defendants.  I think I want to go to the COFC rather than go back to the USDC of Middle Georgia, because the judge there is helping the defendants.  If I go to the COFC, then I can add the goverment as defendants, which the judge would not allow me to do.
       
      I set up a forum and blog so I can learn the laws and the COFC rules because I have to do this pro se.  No one will take my case because of who is involved as defendants.  There are some high-profile people involved and the media won't even report on my case.
       
      That leaves me to learn the court rules and the laws that apply to my case, which is very complicated.  I'm having fun learning the laws, but when this is all over with, I intend on going back to my regularly scheduled life of being an artist.  :-)


      Don Schwarz <vigilespaladin@...> wrote:

      You have to read the applicable court rules
      about time to appeal.


      The judge cannot dismiss for lack of jurisdiction, UNLESS
      the jurisdiction is challenged by the opposing party. If the
      opposing party does not object, the jurisdiction has not been challenged.


      You may want to try the case again having learned from your
      errors.

      Or, you can amend any errors in the current docket information.

      You MUST read and understand the court rules you'll be working with.



      My "Pro Se" Blog: http://www.integrityforall.org

      What is it like for a citizen to go up against sharks in the judicial system? Now I know how the worms feel on the fishing hooks.


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