Canada needs help from you Texans!

[Burnaby49]

By "Canada" I mean Burnaby49 and by "Texans" I really mean anybody south of the 49th who has access to court filings. Glen Fearn, a truly repellant individual who was convicted of attempting to smuggle prohibited weapons into Canada and who fled to the United States prior to sentencing currently resides in Texas. He can do this because he has joint citizenship. He continues to spew out rabid You Tube videos which tend to highlight a very disturbing, almost sexually perverse, obsession with hanging people. Perhaps "almost" should be removed from the prior sentence. We have a discussion on him here;

viewtopic.php?f=48&t=9616

You'd think with Canada waiting to arrest him if he crosses the border he's be careful to keep his head down in Texas but not a bit of it! In October I found he'd been filing lawsuits against Wells Fargo. I asked for help and a reader very kindly sent me some documents that helped clear up what he was doing.

viewtopic.php?f=48&t=9616&start=140#p179034

http://www.mediafire.com/view/i2eijju9p ... awsuit.pdf

Well he's filed a couple more and I'd appreciate any information anyone can give me about the new ones, through Justia or whatever systems you have down there. My Canadian connections are excellent as you can tell from the torrents of information that I post on Quatloos but I have nothing south of the border and Fearn requires international cooperation if he's going to get the attention he deserves.

These are the two cases I have;

Winningham v. United States, Inc. et al

Defendant: Susan P Graber, Alex Kozinski, Harry Pregerson, Edith Jones, Leslie H Southwick, Paul Stickney, Carl E Stewart, Neil V Wake, Carolyn Dineen King, Steven M McNamee, Joe Fish, Sam Cummings, John McBryde, Terry Means, Sidney Fitzwater, United States Court Of Appeals For The Ninth Circuit, Inc., United States Court Of Appeals For The Fifth Circuit, Inc., United States Court Of Appeals For The Second Circuit, Inc., United States District Court For The Southern District Of New York, Inc., United States District Court For The District Of Arizona, Inc., United States District Court For The Northern District of Texas, Inc., United States, Inc., Sidney Runyon Thomas, Richard A Paez, Richard C Tallman, Ralph R Beistline, George H King, Audrey B. Collins, Susan Yvonne Illston, Anthony W Ishi, John Clifford Wallace, Cathy Siebel, Amalya L Kearser, Peter W Hall and Jed S Rakoff
Plaintiff: Glenn Winningham
Case Number: 4:2014cv00993
Filed: December 10, 2014
Court: Texas Northern District Court
Office: Fort Worth Office
County: Tarrant

http://dockets.justia.com/docket/texas/ ... 993/254515

And;

Glenn Winningham v. United States, Incorporated, et al

Plaintiff - Appellant: GLENN WINNINGHAM
Defendant - Appellee: UNITED STATES, INCORPORATED, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, INCORPORATED, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, INCORPORATED, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, INCORPORATED and UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, INCORPORATED
Case Number: 15-10029
Filed: January 13, 2015
Court: U.S. Court of Appeals, Fifth Circuit
Nature of Suit: Other Civil Rights

http://dockets.justia.com/docket/circui ... 5/15-10029

Something similar to the Media Fire posting above on Wells Fargo would be great but anything would help.

[Judge Roy Bean]

Not his first rodeo.

Yet another clown who has nothing better to do.

[chronistra]

Those two are the same case; it took the judge just five days to bounce it as frivolous, so he appealed to the 5th circuit:

CASE #: 4:14-cv-00993-A http://ia902704.us.archive.org/30/items ... ocket.html

12/10/2014 1 COMPLAINT http://ia902704.us.archive.org/30/items ... 15.1.0.pdf against Ralph R Beistline, Audrey B. Collins, Sam Cummings, Joe Fish, Sidney Fitzwater, Susan P Graber, Peter W Hall, Susan Yvonne Illston, Anthony W Ishi, Edith Jones, Amalya L Kearser, George H King, Carolyn Dineen King, Alex Kozinski, John McBryde, Steven M McNamee, Terry Means, Richard A Paez, Harry Pregerson, Jed S Rakoff, Cathy Siebel, Leslie H Southwick, Carl E Stewart, Paul Stickney, Richard C Tallman, Sidney Runyon Thomas, United States Court Of Appeals For The Fifth Circuit, Inc., United States Court Of Appeals For The Ninth Circuit, Inc., United States Court Of Appeals For The Second Circuit, Inc., United States District Court For The District Of Arizona, Inc., United States District Court For The Northern District of Texas, Inc., United States District Court For The Southern District Of New York, Inc., United States, Inc., Neil V Wake, John Clifford Wallace filed by Glenn Winningham. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at http://www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mdf) (Entered: 12/10/2014)
12/10/2014 2 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the national and circuit indexes.) File to staff attorney DK. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (mdf) (Entered: 12/10/2014)
12/10/2014 3 Notice and Instruction to Pro Se Party. (mdf) (Entered: 12/10/2014)
12/10/2014 4 Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 12/10/2014) (mdf) (Entered: 12/10/2014)
12/10/2014 ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3,4. Wed Dec 10 16:27:12 CST 2014 (crt) (Entered: 12/10/2014)
12/15/2014 5 ORDER DISMISSING CASE AS FRIVOLOUS: The court ORDERS that the above-captioned action be, and is hereby, dismissed as frivolous. Winningham is cautioned that if he persists in the filing of frivolous complaints, he will be at risk of subjecting himself to substantial financial sanctions. (Ordered by Judge John McBryde on 12/15/2014) (mdf) (Entered: 12/15/2014)
12/15/2014 6 FINAL JUDGMENT: consistent with the order signed in the above-captioned action on the date of the signing of this final judgment, The court ORDERS, ADJUDGES, and DECREES that the above-captioned action be, and is hereby, dismissed as frivolous. (Ordered by Judge John McBryde on 12/15/2014) (mdf) (Entered: 12/15/2014)
12/15/2014 ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Mon Dec 15 16:25:43 CST 2014 (crt) (Entered: 12/15/2014)
01/12/2015 7 NOTICE OF APPEAL to the Fifth Circuit as to 6 Judgment, 5 Order Dismissing Case as Frivolous, by Glenn Winningham. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (tle) (Entered: 01/12/2015)
01/15/2015 USCA Case Number 15-10029 in U S Court of Appeals 5th Circuit for 7 Notice of Appeal, filed by Glenn Winningham. (tle) (Entered: 01/15/2015)

I linked to the complaint above; which of the other documents do you want?

[Burnaby49]

Thanks a lot, that may be enough but I better read that 62 page monstrosity first before I get back to you. Probably same old, same old. The guy is mentally ill.

[grixit]

Someone's been messing with Texas.

[wserra]

Someone's been messing with Texas.

And - worse - with Judge McBryde. As we've seen repeatedly, that's a Bad Idea. His order dismissing the case sua sponte (typos due to OCR):

On December 10, 2014, plaintiff, Glenn Winningham ("Winningham"), who identifies himself as "Glenn winningham, house of Fearn," again filed a totally nonsensical document by which the above-captioned action was initiated in which he names as defendants three united States Courts of Appeals, four united States District Courts, four jUdges of the united States Court of Appeals for the Fifth Circuit, five district judges of this court, a magistrate judge of this court, and several other defendants who are identified by Winningham as "Clerk masquerading as a Judge" or "Clerk masquerading as a Chief Judge."

Winningham is a serial filer of nonsensical lawsuits. See Winningham v. Wells Fargo, Inc., et al., No. 4:14-CV-853-A (N.D. Tex May 19, 2014); Winningham v. Overcast, et al., No. 4:13-CV- 576-C (N.D. Tex. Aug. 13, 2013); winningham v. Page, et al., No. 4:13-CV-023-A (N.D. Tex. Jan. 15, 2013); Winningham v. willis, et al., No. 4:12-CV-638-Y (N.D. Tex. May 24, 2013) i Winningham v. The Crown, et al., No. 3:08-CV-1204-G (N.D. Tex. Nov. 17, 2008). In Winningham v. willis, et al., the court dismissed the action with the explanation that "[T]he Court concludes that Winningham's case should be dismissed as a sanction for his blatant disregard of the Court's orders and for repeatedly refusing to show proper respect to the Court." Order of Dismissal at 2 (doc. 36), No. 4:12-CV-638-Y (N.D. Tex. May 24, 2013). The contents of the most recently filed document persuade the court that Winningham has no legitimate goal in its filing, and that it should promptly be dismissed as frivolous.

Therefore,
The court ORDERS that the above-captioned action be, and is hereby, dismissed as frivolous. winningham is cautioned that if he persists in the filing of frivolous complaints, he will be at risk of sUbjecting himself to substantial financial sanctions.

Glenn - McBryde does not make idle threats.

[Judge Roy Bean]

McBryde? Good Lord. Why not just poke around in that hornet's nest with your red crayon, dude?

If memory serves, Winningham is the nutball who sent notices to a bunch of state authorities with the usual garbage of "I'm a sovereign and you can't touch me ... blah, blah, blah" a few years ago.

Let's hope he remains as stupid as he usually is and gets some experience with the inside of a cell.

[Burnaby49]

I've gone throgh the PDF and it's just what I wanted, thanks chronistra.

[noblepa]

Surely there is an extradition treaty between the US and Canada! Wouldn't it be relatively easy for a convicted felon to be extradited, wouldn't it?

Its not like he was convicted in North Korea or some country in which the justice system was completely corrupt and used for political persecution (although I realize that some RWNJ's might argue the point). Your courts are similar in many ways to our own and your laws are as just as our own. So there would be little grounds for him to fight extradition.

IANAL, but from what I've read, in a extradition case, US courts only have two questions: is the person in question the one who is wanted in a foreign country and can he/she expect to receive fair treatment. Guilt or innocence of the accused or the validity of the foreign law(s) (by US standards) do not come into play.

I remember 10 years ago or so, John Demjanuk (spelling?), a suspected nazi prison camp guard was being extradited to Israel. He was an Ohio resident and a naturalized US citizen, so the hearings were held in federal court here in Cleveland. At the time, his lawyers tried to argue his innocence, but the court held that this was irrelevant and that he was, indeed, the person that Israel was seeking. He ended up being stripped of his citizenship and sent to Israel to stand trial. Somewhat surprisingly, he was acquitted and sent back to the US.

So, I don't understand (careful not to "stand under" the court's jurisdiction) why Canada doesn't ask the US State Department to have the US Marshalls pick him up and put him on a plane. Or does Canada not consider him worth the effort and expense?

[Fmotlgroupie]

Or does Canada not consider him worth the effort and expense?

Bingo. Extradition is a big cost and bigger headache, and not worth it for a few months of jail, especially since Glenn's self-imposed exile is perfectly acceptable to Canada.

[Burnaby49]

Or does Canada not consider him worth the effort and expense?

Bingo. Extradition is a big cost and bigger headache, and not worth it for a few months of jail, especially since Glenn's self-imposed exile is perfectly acceptable to Canada.

This is exactly the case. I believe he got a four month sentence and, as you can see from his behavior in Texas and as reported in Canada by this discussion, we're quite happy to be rid of him. The overhanging jail sentence is really equivalent to very cheap insurance to keep him out. He may one day, like a lot of these worthless hypocritical assholes, come back if he gets sick and demand our free socialized medical care that he didn't help pay for.

[Burnaby49]

I'm going to post some of the document chronistra gave me in Glenn's discussion but I'll quote a bit here to give you an idea. Remember my earlier comments about his sick obsession with hanging everybody that gives him incorrect change or spill coffee on his shirt? Here is one of the remedy's he demanded as part of his lawsuit. There are many more;

160. As the Demandant has already said, the Demandant DEMANDS a common law remedy, which is seizure and liquidation of the Corporation UNITED STATES, INC., and all of its subsidiaries, and death by hanging for each of the Wrongdoers involved, for treason, sedition, bearing false witness (perjury of oath), and other crimes described herein, and further,

The heart of the issue is US border services, in 2002, wanting Glenn's wife to pay $150 for something so she could enter the United States. He's been litigating this in his own inimitable way ever since. Given the severity of the wrong inflicted on Fearn the liquidation of the United States and the violent deaths of all identified by Fearn as being involved on the government side seems an entirely fair and equitable remedy.

And if any of you are annoyed at Canada for our casual attitude to one of our felons by letting him resided unpunished in the Lone Star state rather than extraditing him back; keep in mind you are responsible for him coming up here to commit his crime in the first place. He was apparently quite happily living and working in Texas until;

84. The Demandant filed a Demand to Remand to State Court and Wake denied the
Remand ...

(a lot of Fearn ranting)

. . . and Neil V. Wake was mentioned in each criminal complaint to the point that Wake got 2 US Marshalls to visit the Demandant at the Demandant's work place in Texas, to get the Demandant fired from the Demandant's compensation for labor contract, and the Demandant subsequently filed a lawsuit against Wake and others in the Southern District of New York, and Wake's buddy Siebel dismissed the case, as described herein ...

Wake was the judge hearing one of Glenn's cases. This visit to his work place was just a few months before he came up here. So, it looks like Glenn's antics probably cost him his job in 2013 and as a result, he decided to hop in his trailer and return to Canada but ran afoul of the Canadian Border Services PIGS (Persons In Government who like to perjure their oaths). It was a couple of American Border Services PIGS that got the ball rolling by stopping his wife. He has issues with border staff.

[bmxninja357]

ya know it makes me chuckle that the u.s./canada border is such an issue to the relatively lawless. i know many,many places where one can drive, walk, ride a bike, boat, ski-doo clean across the vast expanse of the border. avoid a couple areas and the rest is open season.

but how long could a twit like this go without getting in trouble again doing something that requires a low profile....

peace,
ninj

[Gregg]

I've gone throgh the PDF and it's just what I wanted, thanks chronistra.

Just what you wanted? Egads, man, are you a masochist?

[LPC]

IANAL, but from what I've read, in a extradition case, US courts only have two questions: is the person in question the one who is wanted in a foreign country and can he/she expect to receive fair treatment. Guilt or innocence of the accused or the validity of the foreign law(s) (by US standards) do not come into play.

There also has to be an extradition treaty, and the offense has to be one within the scope of the treaty.

It looks as though the US-Canada treaty only applies to offenses punishable by imprisonment of one year or more. Fearn was sentenced to only four months in prison, so it looks like no extradition is possible.

And Fearn was convicted of "attempting to smuggle a prohibited weapon." This copy of the treaty includes the schedule of offenses for which extradition is possible, and I don't see anything in the list relating to either smuggling or weapons violations. (Making or possessing "any explosive substance with intent to endanger life, or to cause severe damage to property," doesn't seem like the same thing as a prohibited weapon.)

So it doesn't seem like extradition is even possible.

[Gregg]

John Demjanuk (spelling?), a suspected nazi prison camp guard was being extradited to Israel. He was an Ohio resident and a naturalized US citizen, so the hearings were held in federal court here in Cleveland. At the time, his lawyers tried to argue his innocence, but the court held that this was irrelevant and that he was, indeed, the person that Israel was seeking. He ended up being stripped of his citizenship and sent to Israel to stand trial. Somewhat surprisingly, he was acquitted and sent back to the US.

A case I used to follow. He was later extradited (or maybe deported) to Germany to stand trial again for the same or similar charges to which he was acquitted in Israel, which I thought was a terrible miscarriage of justice myself. I had looked into the various dates involved and to me it seemed like he was about 15-18 when WWII ended.

[Burnaby49]

I've gone throgh the PDF and it's just what I wanted, thanks chronistra.

Just what you wanted? Egads, man, are you a masochist?

Haven't you read my posts? I need help, it's a sickness. Reading his court pleading is heaven compared to watching his videos.

[grixit]

John Demjanuk (spelling?), a suspected nazi prison camp guard was being extradited to Israel. He was an Ohio resident and a naturalized US citizen, so the hearings were held in federal court here in Cleveland. At the time, his lawyers tried to argue his innocence, but the court held that this was irrelevant and that he was, indeed, the person that Israel was seeking. He ended up being stripped of his citizenship and sent to Israel to stand trial. Somewhat surprisingly, he was acquitted and sent back to the US.

A case I used to follow. He was later extradited (or maybe deported) to Germany to stand trial again for the same or similar charges to which he was acquitted in Israel, which I thought was a terrible miscarriage of justice myself. I had looked into the various dates involved and to me it seemed like he was about 15-18 when WWII ended.

It was a strange situation to find myself agreeing with Pat Buchanan.

[jcolvin2]

IANAL, but from what I've read, in a extradition case, US courts only have two questions: is the person in question the one who is wanted in a foreign country and can he/she expect to receive fair treatment. Guilt or innocence of the accused or the validity of the foreign law(s) (by US standards) do not come into play.

There also has to be an extradition treaty, and the offense has to be one within the scope of the treaty.

It looks as though the US-Canada treaty only applies to offenses punishable by imprisonment of one year or more. Fearn was sentenced to only four months in prison, so it looks like no extradition is possible.

And Fearn was convicted of "attempting to smuggle a prohibited weapon." This copy of the treaty includes the schedule of offenses for which extradition is possible, and I don't see anything in the list relating to either smuggling or weapons violations. (Making or possessing "any explosive substance with intent to endanger life, or to cause severe damage to property," doesn't seem like the same thing as a prohibited weapon.)

So it doesn't seem like extradition is even possible.

I think the extradition treaty relates to offenses that have a maximum punishment (statutory cap) of one year or more (no need for a schedule in the case of such offenses) in both countries (this is referred to as the "dual criminality" requirement), irrespective of what the actual punishment is after conviction. For example, a person could be convicted of tax fraud under 7201, which has a maximum punishment of more than one year in both the US and Canada, and only receive a one month sentence. I believe that person would still be extraditable.

Assuming that Fearn was convicted under 104(1)(a) (see below), the offense has a maximum punishment of five years in Canada. I do not know enough about firearms and customs offenses in the US offhand to know whether there is a US criminal law analogue which would yield a one year or greater sentence.


Export and Import Offences

Marginal note: Importing or exporting knowing it is unauthorized

103. (1) Every person commits an offence who imports or exports

(a) a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

Marginal note: Punishment — firearm

(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and

(b) in the case of a second or subsequent offence, five years.

Marginal note: Punishment — other cases

(2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

Marginal note: Attorney General of Canada may act

(3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.

R.S., 1985, c. C-46, s. 103;
1991, c. 40, s. 15;
1995, c. 39, s. 139;
2008, c. 6, s. 12.

Previous Version

Marginal note: Unauthorized importing or exporting

104. (1) Every person commits an offence who imports or exports

(a) a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

Marginal note: Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

Marginal note: Attorney General of Canada may act

(3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.

R.S., 1985, c. C-46, s. 104;
1991, c. 40, s. 16;
1995, c. 39, s. 139.

[Burnaby49]

My thought on the possible length of jail term too. The issue isn't how much time Fearn was sentenced to but how much he could have been sentenced to. If the maximum is over a year it is extraditable even if he only got a few months.

All irrelevant anyhow, why would Canada extradite him when the Crown is quite content to have him ranting in Texas rather than Canada?