LIT COMMENTARY
What you are about to read is a mere snippet of the Court’s abuse of elders in relation to their appeal(s) at the Court of Appeals for the Fifth Circuit.
It is being documented by LIT on behalf of the elder Burkes, published and will be presented in an ever expanding dossier to the Department of Justice with a request for criminal investigation and charges to be brought against those willing participants.
These inhumane human beings, who victimize and abuse these elder, law abiding citizens and treat them with absolute contempt and incivility, including many, many years of abuse, mental anguish and suffering by the “immune” federal court(s) is not going to be tolerated any further. This has to stop. This will stop. #WeThePeople #StopElderAbuse
SHIPWRECKED ORDERS AND PERSONAL VENDETTAS
The Burkes were ordered to provide paper copies of their appellate brief, reply brief and excerpts by the Fifth Circuit clerks’ office in Jan, 2021 in the appeal of case Burke v. Hopkins, 20-20209. The Burkes objected. They were given the runaround by the case manager /deputy clerk(s). Finally the Court responded saying they had printed the documents and the Burke’s required motion to waive printing was denied as moot.
Today, 5th May, 2021, in the petition for rehearing en banc for the consolidated two appeals, Burke v Ocwen, 19-20267 and Burke v. Hopkins, 20-20209, a response to the Burkes last motion was received – from Judge Dennis for the 3-panel.
Judge Dennis contradicts the clerks’ office wherein he relies upon the courts’ pandemic order suspending paper copies until further notice, citing the general order. Below is the relevant two paragraphs from the general court order 2020-3.
2. All requirements to file paper copies are suspended until further order of this Court. The Clerk of the Court may direct the parties or counsel to provide paper copies of filings on a case-by-case basis, and at a future date, parties or counsel may be directed to provide paper copies of filings previously submitted electronically.
3. All current deadlines remain in effect, except for those regarding production of paper copies. Extensions with justification may be requested from the Clerk’s Office following normal procedures and rules.
What Judge Dennis’s order expresses, is that the first sentence in 2. above is the standard which has been applied. However, as proven time and time again, the Burkes are continually persecuted and abused by the Court and Clerks therein.
From: <cmecf_caseprocessing@ca5.uscourts.gov>
Date: Thu, Jan 7, 2021 at 11:49 AM
Subject: 20-20209 Burke v. Hopkins “Paper Copies Requested”
To: <kajongwe@gmail.com>
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing.
United States Court of Appeals for the Fifth Circuit
Notice of Docket Activity
The following transaction was entered on 01/07/2021 at 11:35:30 AM CST and filed on 01/07/2021
Case Name: Burke v. Hopkins
Case Number: 20-20209
Document(s): Document(s)
Docket Text:
PAPER COPIES REQUESTED for the Appellant Brief filed by Appellants Ms. Joanna Burke and Mr. John Burke in 20-20209 [9381578-2], Record Excerpts filed by Appellant Mr. John Burke in 20-20209 [9367573-2], Appellee Brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 [9413256-2], Appellant Reply Brief filed by Appellant Mr. John Burke in 20-20209 [9437996-2].
Paper Copies of Brief due on 01/12/2021 for Appellants Joanna Burke and John Burke and Appellees Mark D. Hopkins, Shelley Hopkins and Hopkins Law, P.L.L.C. Paper Copies of Record Excerpts due on 01/12/2021 for Appellants Joanna Burke and John Burke. [20-20209] (CAG)
From: Joanna Burke <kajongwe@gmail.com>
Date: Thu, Jan 7, 2021 at 4:24 PM
Subject: 20-20209 Burke v. Hopkins “Paper Copies Requested”
To: CA5 Pro Se <pro_se@ca5.uscourts.gov>
Dear Clerk of Court,
20-20209 Burke v. Hopkins “Paper Copies Requested”
We acknowledge receipt of your order.
We wish to advise the increased risk of death by COVID for disabled and sick elders like ourselves – who have maintained the stay at home order since it was placed into effect, is frightening.
For your information, we attach the official coronavirus numbers page and specifically for Harris County, Texas for today, 7th Jan, 2021.
Harris County
Total cases 251K +1,366
Recovered –
Deaths 3,482 +29
Citing; https://www.google.com/search?q=coronavirus+numbers&rlz=1C1ZKTG_enUS914US914&oq=&aqs=chrome.1.35i39i362l3j46i39i362j35i39i362l4…8.1400024j0j7&sourceid=chrome&ie=UTF-8
We also ask you to review the KHOU-11 article, titled; More contagious variant of COVID-19 first seen in UK confirmed in Harris County; first case in Texas
While the variant spreads more easily, researchers say its symptoms are not more severe than the previous versions of the virus.
“This has the potential to throw jet fuel on an already dangerous situation,” said Harris County Judge Lina Hidalgo.
Citing; https://www.khou.com/article/news/health/coronavirus/uk-variant-of-coronavirus-in-the-houston-area-confirmed-harris-county-texas/285-99d649ec-fd6b-4aae-a5e0-be90e9dbf218
Relief Requested
Waiving the Paper Filing Order. e.g. maintaining the paper filing exemption as the 11th Circuit has also complied with when we were efiling there.
Thanking you in advance for your kind consideration in these extreme and trying times.
Sincerely
Joanna and John Burke
From: Christina Gardner <Christina_Gardner@ca5.uscourts.gov>
Date: Fri, Jan 8, 2021 at 8:05 AM
To: kajongwe@gmail.com <kajongwe@gmail.com>
Subject: RE: 20-20209 Burke v. Hopkins “Paper Copies Requested”
Dear Ms. Burke,
A motion seeking leave to be exempt from submitting paper copies is required. We cannot process an email request. Please submit a motion in CM/ECF.
Very Respectfully,
Christina A. Gardner
Case Management Clerk
U.S. Fifth Circuit Court of Appeals
600 S. Maestri Place, Suite 115
New Orleans, LA 70130
504-310-7684
EXTRACT FROM JUDGE DENNIS’S ORDER, 5 MAY, 2021
“IT IS FURTHER ORDERED that Appellants’ motion to waive the paper copy requirement for their Petition for Rehearing En Banc is DENIED as unnecessary. Per order of the Chief Judge of this Court dated March 18, 2020, all requirements to file paper copies are currently suspended until further order. See General Docket No. 2020-3.”
Wild West Hired Guns Misfire: PHH ONITY’s Cooked-Up n’ Cockamamie Arguments Implode
Judge Werlein recused in July and hence ONITY’s argument is frivolous, and their motion for summary judgment violates court procedures.
Southern District Court in Houston: Addressing the Missing USPS Express Mail with Specificity
All non-attorney pro se litigants must deliver or mail filings to the Clerk’s Office, as per SD TX Guidelines for Litigants Without Lawyers.
Texas Appellate Justice Ken Molberg: Statute of Limitations Suspended During Litigation and Appeal
That differs when you are in Federal Court on Appeal. It didn’t stop PHH and Mark Cronenwett from filing for nonjudicial foreclosure.
