Appellate Circuit

Shipwrecked Orders from the Court of Appeals for the Fifth Circuit

What you are about to read is a mere snippet of abuse of elders in relation to their appeal(s) at the Court of Appeals for the Fifth Circuit.

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.”

A 5th Circuit 3-Panel Reconsideration of Single Judge James Dennis’s Order is Necessary

The Local Rule 27.1.1 allows fourteen days to submit a motion for reconsideration of a single judge’s order.

Pro Se Filers Face Capricious Clerks and Ambiguous Local Rules At the Federal Fifth Circuit

Pro se’s are being held to a higher standard than the laws and rules require and/or not being applied in a consistent manner. Pro se’s should not be penalized for court errors and capricious clerks.

We’re Talkin’ Clerks and Impartiality. One Judge is Talkin’ at the ABA about Nazi Judges

The Clerk has denied the Burkes’ first request for an extension of time in this case. The decision is unfair, based on the history of the Clerks’ decisions on motions relative to time.

Shipwrecked Orders from the Court of Appeals for the Fifth Circuit
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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