DMVP "Writ of Enforcement" for $20M "Lien" II

[wserra]

Picking up from the last thread:

The M-J has recommended that David's non-lawsuit, based on his non-lien, be dismissed. Legal trivia: is it possible to dismiss something that was never a suit in the first place? Answer: when you're a federal judge, you can pretty much do what you want. Dezcad posted the recommendation - but it was in the autopruning "Flames" forum, and I thought it deserved a more permanent home.

Someone in David's position - facing a M-J recommendation - must respond with objections to the DJ. David has done that. His filing contains his usual canards: a hand-written "refusal for cause", "abatement for misnomer", "deferred prosecution", "waiver of tort", "special appearance", breaching oath of office, and more. David really pulls out the stops on this one.

It's hard to say because we don't know how busy he is, but I give it a week before the DJ adopts the M-J's recommendation.

[VinnyZ]

The Petition is largely unintelligible.

That one line says it all.

[David Merrill]

Thanks for your PACER subscription Wesley!


Interestingly the clerk is not showing you half of that filing. Good thing I have a comprehensive certificate of mailing.

This is about record building. The clerical error of moving the waiver of tort into a civil action will not effect the lien itself. That is already perfected. I am having difficulty getting any enforcement from the US about it, obviously.

It is a performance lien, not a judicial lien.


Regards,

David Merrill.

[Thule]

I am having difficulty getting any enforcement from the US about it, obviously.

It is a performance lien, not a judicial lien.

In earthspeak; "I got squat"

[silversopp]

This is about record building

No, this is about watching you fail miserably again with one of your nonsense legal theories.

[David Merrill]

Wouldn't that be cool if the judge writes a writ of enforcement demanding the State of Colorado Capital Finance Corporation pays me $20M?

No, this is about watching you fail miserably again with one of your nonsense legal theories.

The clerk, magistrate tag-team only encourages me. They are the ones who do not know much law theory. Only rules.

[fortinbras]

I am willing to let my opinion on whether or not DVP is sane and knowledgeable rest entirely on his success with that $200M lien. I'll let it all ride on that one issue.

[Dezcad]

I am having difficulty getting any enforcement from the US about it, obviously.

It is a performance lien, not a judicial lien.

I really though you were going to say you had a "maritime lien".

[Pottapaug1938]

[quote="David Merrill"]Wouldn't that be cool if the judge writes a writ of enforcement demanding the State of Colorado Capital Finance Corporation pays me $20M?

Sure! And it would also be cool if Rush Limbaugh moved to Massachusetts and ran for the Senate as a liberal Democrat, if a way to travel in time was discovered, later this year, or if the Washington Nationals swept the New York Yankees in this year's World Series.

All of the above are equally likely to happen.

[Nikki]

It's a good thing David refused for cause the magistrate's order. Otherwise he'd have to comply with

IT IS FURTHER ORDERED that the parties shall have fourteen (14) days after service of this Recommendation to serve and file any written objections in order to obtain reconsideration by the District Judge to whom this case is assigned.

A party's failure to serve and file specific, written objections waives de novo review of the Recommendation by the District Judge, and also waives appellate review of both factual and legal questions.

A party's objections to this Recommendation must be both timely and specific to preserve an issue for de novo review by the District Court or for appellate review.

or risk having his case dismissed out of hand by the District judge with no possibility of appeal.

[David Merrill]

...or risk having his case dismissed out of hand by the District judge with no possibility of appeal.

That is a fun part of all this Nikki;

A party's objections to this Recommendation must be both timely and specific to preserve an issue for de novo review by the District Court or for appellate review.

Listen to how she understands the "petition" in its true form -

In the Petition, Plaintiff seeks an “appropriate writ of enforcement on [his] $20M lien” and requests that the Court “issue an Order for the State of Colorado Capital Finance Corporation to deposit $20,000,000.00 in funds” into his bank account.

Yet she reads the clerk's case to be unintelligible.

The clerk's case? You betcha! I was never involved in filing any civil suit - my suit is a waiver of tort. I petitioned for chief judge Wiley Young DANIEL to authorize a writ of enforcement based on the merits. Nobody ever asked me for the $350 filing fee; ergo this is the clerk's case as he must have paid the filing fee. Nobody asked if I am hoping to proceed in forma pauperis; I have provided no financial statement other than a perfected lien for $20M!

What we are seeing though, for feigning unintelligible with the clerk's case is that poor Magistrate MIX is frightened. Think about it, the hipocracy. In the same breath as liberally construing the poor David Merrill's tort and civil complaint that she wants the whole thing shut down for any future review or possibility that I can convene a federal jury in the future to hear me out!

Of course that would be denial of access so she only gives us the impression that is so. She paints misdirection that I am out my $350 filing fee, which I never offered or paid by the way. But at any time in the future I can simply file for a jury trial with my evidence repository sitting there awaiting trial day. And when that happens, I will be paying it in redeemed lawful money.

The reason that the latest filing is only five pages is that I get preferential mailing being a patron rather than a customer (Patroon).



I do not have to wait 80-10 days for the posting to be mailed. The full version from my process server will be coming up about Tuesday Wesley.



Regards,

David Merrill.


P.S. Did I ever show you all my prototype Universal Translator? On Planet Merrill we have bigger imaginations!

[David Merrill]

A better song than that.

[Dezcad]

In the Petition, Plaintiff seeks an “appropriate writ of enforcement on [his] $20M lien” and requests that the Court “issue an Order for the State of Colorado Capital Finance Corporation to deposit $20,000,000.00 in funds” into his bank account.

The clerk's case? You betcha! I was never involved in filing any civil suit - my suit is a waiver of tort. I petitioned for chief judge Wiley Young DANIEL to authorize a writ of enforcement based on the merits.

As recognized in the Recommendation:

This matter is before the Court on Plaintiff’s Petition for Writ of Enforcement
[Docket No. 20; Filed December 28, 2009] (the “Petition”).

and the holding was:

Accordingly, I respectfully RECOMMEND that the Petition be DENIED and this case
DISMISSED and stricken from the Court’s active docket.

Pretty clear, no matter how you want to dress it up.

[David Merrill]

The Magistrate is wearing tinted glasses; the fact is I never paid for a civil suit.


It is not mine.

[Pottapaug1938]

The Magistrate is wearing tinted glasses; the fact is I never paid for a civil suit.

It is not mine.

Well, whatever you want to call it, it's going down to ignominious defeat in the very near future. You've got as much chance of collecting that $20 million as I have of becoming the Opening Day starting pitcher for the Boston Red Sox.

[Dezcad]

The Magistrate is wearing tinted glasses; the fact is I never paid for a civil suit.

It is not mine.

Well, whatever you want to call it, it's going down to ignominious defeat in the very near future. You've got as much chance of collecting that $20 million as I have of becoming the Opening Day starting pitcher for the Boston Red Sox.

I think you have a better chance, Pottapaug.

[silversopp]

I just got a mental image of David Merrill, in full retard helmet, on the pitching mound throwing a deflated basketball over home plate while mumbling about remedies, misnomers, and motor scooter.

[David Merrill]

Good thing you guys don't really matter.

[Dr. Caligari]

Good thing you guys don't really matter.

Yes, but the judge does matter, and he is going to affirm the dismissal of your writ.

[David Merrill]

That will go on the Record, if it happens. It does not effect my ability to form a proper civil complaint and a jury in the future. Should I choose the federal venue.

My point here was that Magistrate MIX was busy trying to spin an illusion that this non-suit, clerical error is somehow binding. It does not effect that lien that I cannot get a writ of enforcement from federal court.

That would be like saying the NOFTL is part of the lien process when it is nothing more than notice to third parties that the lien already exists.



Regards,

David Merrill.