Res Judicata, Lache, and Time Limitations are not Applicable to Void Orders/Judgments, which must be set aside.

Please visit my new BLOG: MANDAMUS: VOID Orders/Judgments – WordPress.com

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Stop corruption Corrupt judges like John D. Rainey, Janis Graham Jack, S. Thomas Anderson, Skipper Koetter, Kemper Stephen Williams; unethical lawyers like Richard T. Chapman, David Roberts, Randal W. Hill, Jameson B. Carroll, Emily T. Landry, Ron McAfee, Edward Bearman; ignorant/discriminatory ADA Shannon Salyer, Sheriff B.B. Browning & Magistrate Hope Kurtz, crooks and fraudsters like Terry J. Cox, Anita L. Koop, and those named and unnamed in my posts: They have seized upon the government by bribery and corruption. They have made speculation and public robbery a science. They have loaded the nation, the state, the county, and the city with debt. — Quotes from Denis Kearney (1847–1907), a late 19th century California labor leader, applied to some Texas’s and Tennessee’s rotten, immoral, despicable OFFICERS OF THE COURT and two major crooks and fraudsters.

Corruption

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Judges were accepting money right in the courtroom.

While teaching, I also worked undercover in the lower courts by saying I was a young law teacher wanting experience in criminal law. The judges were happy to assist me but what I learned was how corrupt the lower courts were. Judges were accepting money right in the courtroom. —  Samuel Dash

Samuel Dash (February 27, 1925 – May 29, 2004) was an American professor of law who acted as a co-chief counsel along with Fred Thompson for the Senate Watergate Committee during the Watergate scandal. Dash became famous for his televised interrogations during the hearings held by the United States Congress on the Watergate incident. — From Wikipedia, the free encyclopedia

Ha! Judge Skipper Koetter seems a lot wiser in that he concealed the moneys under the cover of campaign contributions and that he managed not to accept money in the courtroom, I guess.  But a reasonable man cannot rule out his accepting money in his chambers, bedchambers, or living room, can he? One of my former attorneys mentioned that the most effective way for money to change hands had been knowingly and willfully losing the chips to the judge in the poker game in a private group. See Judge Skipper Koetter’s Campaign Finance Suspected of Bribery Posted on September 29, 2012.

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Res Judicata, Lache, and Time Limitations are not applicable to Void Orders/Judgments, which must be set aside.

  1. Res judicata consequences will not be applied to a void judgment which is one which, from its inception, is a complete nullity and without legal effect, Allcock v. Allcock 437 N.E. 2d 392 (Ill. App. 3 Dist. 1982).
  2. “…laches does not run against a void judgment. See Samango v. Hobbs, supra; People’s National Bank of Reynoldsville, to Use of Mottern v. D.&M Coal Co., 124 Pa. Super. 21 A. 452.” Com. v. Miller, 150 A.2d 585, 588 (1959)
  3. A motion to set aside a judgment as void for lack of jurisdiction is not subject to the time limitations of Rule 60(b). See Garcia v. Garcia, 712 P.2d 288 (Utah 1986).
  4. A void judgment is one which from the beginning was complete nullity and without any legal effect, Hobbs v. U.S. Office of Personnel Management, 485 F.Supp. 456      (M.D. Fla. 1980).
  5. A void judgment is one which, from its inception, is and forever continues to be absolutely null, without legal efficacy, ineffectual to bind the parties or to support a right, of no legal force and effect whatever, and incapable of enforcement in any manner or to any degree – Loyd v. Director, Dept. of Public Safety, 480 So. 2d 577 (Ala. Civ. App. 1985).
  6. When rule providing for relief from void judgments is applicable, relief is not      discretionary matter, but is mandatory, Orner v. Shalala, 30 F.3d 1307, (Colo. 1994).
  7. Judgments entered where court lacked either subject matter or personal jurisdiction, or that were otherwise entered in violation of due process of law, must be set      aside, Jaffe and Asher v. Van Brunt, S.D.N.Y.1994. 158 F.R.D. 278.

* Those who are seeking relief from void judgments, please read the following carefully: 1. Plaintiffs’ Motion to Set Aside Summary Judgment 2. Memorandum in Support of Motion to Set Aside Summary Judgment.

The merits in this pro se litigant’s Rule 60 Motion and Memorandum soundly support her cause, outweighing the minor typographical or grammatical errors.

 

Paul Chen 

 

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to more than 80 images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

 

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District Judges Rainey, Jack and the Other Judiciaries are not Immune from Suit for Damages

 

No Notice, No Jurisdiction, No Authority to Grant Relief, and the Judgment is VOID!

  1. “It is fundamental that no judgment or order affecting the rights of a party to the cause shall be made or rendered without notice to the party whose rights are to be affected.” Tyron Fed. Sav. & Loan Ass’n v. Phelps, 307 S.C. 361, 362, 415 S.E.2d 397, 398 (1992). Generally, a person against whom a judgment or order is taken without notice may rightly ignore it and may assume that no court will enforce it against his person or property. Id.
  2. See Stuck v. Medical Examiners, 94 Ca 2d 751. 211 P2d 389. Once challenged, jurisdiction cannot be assumed, it must be proven to exist.See also Joyce v. US, 474 F2d 215., There is no discretion to ignore that lack of jurisdiction.” See also Rosemond V. Lambert, 469 F2d 416., The burden shifts to the courts to prove jurisdiction.
  3. If a court grants relief, which under the circumstances it hasn’t any authority to grant, its judgment is to that extent void.” (1 Freeman on Judgments, 120-c.) An illegal order is forever void.
  4. Under the Supreme Law of the Land, whenever a judge acts when the judge does not have subject-matter jurisdiction, the judge is engaged in an act of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5L.Ed 257 (1821).
  5. After a ten-month delay in granting me to proceed in forma pauperis on 2/13/06 in response to my 4/14/05 MOTION TO PROCEED IN FORMA PAUPERIS, you violated 28 U.S.C. Section 1915 (d) without requiring the Clerk to issue summons and serve all process. Section 1915 (d) provides, in pertinent part: “The officers of the court shall issue and serve all process, and perform all duties in such cases.” Consequently, you were in complete absence of subject matter or personal jurisdiction. Without of subject matter, you have been engaged in many acts of treason since 2/13/06.

    Being a traitor, you are entitled to a just and fair trial. Since you are stripped of judicial immunity, you should enjoy the same privileges of handcuffs, standing behind bars,

Businessman with handcuffsBusinessman wearing handcuffs

 

 In ancient times, you would end up being hanged or executed!

Criminal man with hangman noose around the neck silhouette  Vector executioner

 

Four Factors to Determine whether a Judge’s Act is a “Judicial” One

  1. To determine whether a judge’s act is a “judicial”
    one, the Court is to consider four factors: (1) whether the act complained of is one normally performed by a judge; (2) whether the act occurred in the courtroom or an appropriate adjunct such as the judge’s chambers; (3) whether the controversy centered around a case pending before the judge; and (4) whether the act arose out of a visit to the judge in his judicial capacity.” Malina v. Gonzales, 994 F.2d 1121, 1124 (5th Cir.1993).

(1) whether the act complained of is one normally performed by a judge: Rainey’s imposing on this indigent Plaintiff the Clerk’s duties to “issue and serve all process, and perform all duties in such cases” pursuant to 28 U.S.C. Section 1915(d), and refusing to reinstate the complaints dismissed sua sponte under Rule 1-041(E)(2) of Rules Enabling Act, which is mandatory, are not acts normally performed by a judge.

(2) whether the act occurred in the courtroom or an appropriate adjunct such as the judge’s chambers: The acts neither occurred in the courtroom nor an appropriate adjunct such as the judge’s chambers because without service of process, no parties were present, and there was no subject matter before the judge for adjudication;

(3) whether the controversy centered around a case pending before the judge: Since there was neither subject matter nor personal jurisdiction, there was no controversy that centered around any case pending before the judge and

(4) whether the act arose out of a visit to the judge in his judicial capacity: The decision was made in his administrative, ministerial, non-judicial, non-adjudicative, personal, private-citizen capacity. Without subject matter and parties before him, whatever he did was not done in his judicial, but personal, capacity.

Two Circumstances When a Judge is not Entitled to Judicial Immunity

5. There are only two circumstances when a judge is not entitled to judicial immunity: (1) when he performs acts not in his judicial capacity and (2) when he performs act, although judicial in nature, in the complete absence of all jurisdiction. See Mireles v. Waco, 502 U.S. 9, 11-12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991). Here, Judge Rainey is not entitled to judicial immunity because (1) when he rendered the Order to Dismiss without prejudice, he was not performing acts in his judicial capacity; 2) he was making an administrative, ministerial, non-judicial, non-adjudicative decision; and (2) when he performs act, although judicial in nature, in the complete absence of all jurisdiction: neither subject matter nor personal jurisdiction was present; he was without any authority to hear the case and determine any issue.

See other related posts.

Posted by Paul Chen: ricofraudonthecourt@wordpress.com

 

TO BE CONTINUED.

Paul Chen 

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to more than 80 images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

 

 

Posted in FRAUD ON THE COURT, Suing officers of the court, Uncategorized | Tagged | Leave a comment

MOTION TO VACATE THE FINAL JUDGMENT, REINSTATE THE CASE and COMPLAINT AGAINST DEPRIVATIONS OF CIVIL RIGHTS

THIS POST IS REVSIED AS:

MOTION TO VACATE THE FINAL JUDGMENT, REINSTATE THE CASE and COMPLAINT AGAINST DEPRIVATIONS OF CIVIL RIGHTS (revised) Posted on March 25, 2013

Click on the above link instead of reading the contents below.

The revision is stylistic; the contents remain unchanged!

 

Paul Chen 

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to more than 60 images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

 

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Corrupt judges like John D. Rainey, Janis Graham Jack, S. Thomas Anderson, Skipper Koetter, Kemper Stephen Williams; unethical lawyers like Richard T. Chapman, David Roberts, Randal W. Hill, Jameson B. Carroll, Emily T. Landry, Ron McAfee, Edward Bearman; ignorant/discriminatory ADA Shannon Salyer, Sheriff B.B. Browning & Magistrate Hope Kurtz, crooks and fraudsters like Terry J. Cox, Anita L. Koop, and those named and unnamed in my posts: They have seized upon the government by bribery and corruption. They have made speculation and public robbery a science. They have loaded the nation, the state, the county, and the city with debt. — Quotes from Denis Kearney (1847–1907), a late 19th century California labor leader, applied to some Texas’s and Tennessee’s rotten, immoral, despicable OFFICERS OF THE COURT and two major crooks and fraudsters.

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Judges were accepting money right in the courtroom.

While teaching, I also worked undercover in the lower courts by saying I was a young law teacher wanting experience in criminal law. The judges were happy to assist me but what I learned was how corrupt the lower courts were. Judges were accepting money right in the courtroom. —  Samuel Dash

Samuel Dash (February 27, 1925 – May 29, 2004) was an American professor of law who acted as a co-chief counsel along with Fred Thompson for the Senate Watergate Committee during the Watergate scandal. Dash became famous for his televised interrogations during the hearings held by the United States Congress on the Watergate incident. — From Wikipedia, the free encyclopedia

Ha! Judge Skipper Koetter seems a lot wiser in that he concealed the moneys under the cover of campaign contributions and that he managed not to accept money in the courtroom, I guess.  But a reasonable man cannot rule out his accepting money in his chambers, bedchambers, or living room, can he? One of my former attorneys mentioned that the most effective way for money to change hands had been knowingly and willfully losing the chips to the judge in the poker game in a private group. See Judge Skipper Koetter’s Campaign Finance Suspected of Bribery Posted on September 29, 2012.

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Rainey Violated Speedy Trial Act, Crime Victims’ Rights Act and the Constitution

The defendants have the right to a speedy trial; the victims have the right to “proceedings free from unreasonable delay.” Normally it is detrimental to the defendants when the trial is prolonged. However, in USA v. Citgo Petroleum Corporation, because of Rainey’s bias, prejudice, discrimination against the low-income, minority crime victims, and partiality, favoritism for the Multi-Billion Dollar Company, the seven-year delay of sentencing, the total denial of restituion for the victims, the violations of the Crime Victims’ Rights Act, the 1st, 5th, 6th, and 7th Amendments to the United States Constitution, among others, make the proceedings invalid and all the VOID ORDERS/JUDGMENTS rendered in connection with the case VOID ab initio.

I urge the victims’ counsel and the Government to file a joint or separate PETITION FOR A WRIT OF MANDAMUS to have the Fifth Circuit compel Rainey to vacate all the ORDERS/JUDGMENTS. Then, file another PETITION FOR REINSTATEMENT pursuant to Rule 1-041(E)(2) of Rules Enabling Act, which provides that Plaintiff “may move for reinstatement of the case,” and, “[u]pon good cause shown, the court shall reinstate the case.” Please refer to: PREPARE TO FILE A PETITION FOR WRIT OF MANDAMUS WITHOUT A LAWYER Posted on July 16, 2014.

“If a court’s decision is plainly contrary to a statute or the constitution, the court will be held to have acted without power or jurisdiction, making the judgment void for Rule 60(B) purposes, even if the court had personal and subject-matter jurisdiction. See, e.g., United States v. Indoor Cultivation Equip., 55 F.3d 1311, 1317 (7th Cir. 1995). See [PDF] 1 UNITED STATES DISTRICT COURT SOUTHERN …. Since he violated the victims’ statutory and constitutional rights, his rulings are all void, null, and without any legal force.

He had presided over the Citgo case without power or jurisdiction since August 9, 2006 when the Government filed its original ten count indictment against CITGO Petroleum Corporation, et al. He has wasted enormous judicial resources and tax payers’ money and is liable civilly and criminally. If I were one of the victims, I would sue him for violations of the victims’ civil rights under Bivens action instead of 42 U.S.C. § 1983. See Bivens v. Six Unknown Fed. Narcotics Agents :: 403 U.S …. 

 

TO BE CONTINUED.

Paul Chen

Posted in Crime Victims Rights Act Violations, David Roberts, due process of law, Egregious Misconduct, false arrest, FRAUD ON THE COURT, Fraudulent Concealment, Intentional Misrepresentation, Intrinsic/Extrinsic Fraud, Anita L. Koop, Anita's Resort Properties Inc., Judge John D. Rainey, Judge John D. Rainey's Corruption, Judge John D. Rainey's Misconduct, Judge Juergen "Skipper" Koetter, Judge Skipper Koetter, JUDGE SKIPPER KOETTER'S JUDICIAL & NON-JUDICIAL MISCONDUCT, Judge Skipper Koetter's Judicial Misconduct, Kenneth Burch, malicious prosecution, MANDAMUS: VOID Orders/Judgments, Perjured Testimony, Perjury, RACIAL & ECONOMIC DISCRIMINATION, Racketeering Activity, Randal W. Hill, Randall W. Hill, Roberts Roberts Odefey Witte LLP, Suing officers of the court, Terry J. Cox, Thomas George, VOID ORDERS/JUDGMENTS | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Rainey should have fined Citgo at least $8,070,000 for violating CAA.

Civil Judicial Penalties and Administrative Penalties 

Under the Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), and the Clean Air Act (CAA), the civil judicial penalties that can be sought for most violations will increase from $32,500 per day per violation to $37,500 per day per violation.  Administrative penalties for violations under these statutes will also increase.  For example, the $11,000 per day per violation limit (up to a total of $157,500) that can be assessed for certain violations of the CWA and SDWA will increase to $16,000 per day per violation (up to a total of $177,500).  The $270,000 limit on total administrative penalties that can be assessed for certain violations of the CAA will increase to $290,000. See EPA Increases Civil Monetary Penalty Amounts for 2009

$32,500 x12= $390,000×10= $3,900,000×2= $7,800,000 + $270,000 = $8,070,000 (Pre-2009 assessment)

Based upon the Civil Monetary Penalty Amounts before the 2009 increase by the EPA, Civil Judicial Penalties and Administrative Penalties assessed against Citgo should have been at least $8,070,000 plus interest.

Restitution is not included in the above penalties assessed.

Citgo’s 10-year continuing, willful, malicious violations of the Clean Air Act are subject to compensatory and punitive damages to be determined by an impartial jury panel.

Under Crime Victims’ Rights Act, the crime victims are entitled to:

  • The right to full and timely restitution as provided by law.
  • The right to proceedings free from unreasonable delay.

Rainey should have been constitutionally disqualified for violating the CVRA, and the 1st, 5th, 6th, and 7th Amendments to the United States Constitution, i.e., the crime victims’ right to access the courts for redress of grievances, the due process, and the criminal/civil jury trial respectively.

Rainey’s deferred restitution ruling on February 5, 2014 violated Rule 32(h): 1) without giving the parties reasonable notice that it was contemplating such a departure, i.e., $0 restitution; 2) without specifying any ground on which the court was contemplating such a departure. It also violated Rule 32(i)(4)(B): 1) without addressing the victims of the crime who were present at sentencing; 2) without permitting the victims to be reasonably heard. * The Committee Note to Rule 32(i)(4)(B) adds that “[a]bsent unusual circumstances, any victim who is present should be allowed a reasonable opportunity to speak directly to the judge.”

Instead of allowing the victims who were present a reasonable opportunity to speak directly to him, Rainey simply “stated that because of the complex issues involved with restitution, the Court would issue a written decision on the issue of restitution within 90 days.” Rainey’s conduct not only violated Rule 32(i)(4)(B) but also demonstrated his cowardice, and cold feet. He was feeling guilty of what he had determined to do in 90 days, i.e., $0 restitution. If he had predetermined to give nothing to the victims in the first place, why torture them with false hopes and delayed the announcement of the bad news for seven years after the jury’s conviction on June 27, 2007? 

Rainey’s $0 restitution was arbitrary, unreasonable, unconscionable and contrary to a statute, i.e., CVRA, and the Constitution. Thus, his MEMORANDUM OPINION & ORDER USA V. CITGO of 4/30/2014 was VOID ab initio. “If a court’s decision is plainly contrary to a statute or the constitution, the court will be held to have acted without power or jurisdiction, making the judgment void for Rule 60(B) purposes, even if the court had personal and subject-matter jurisdiction. See, e.g., United States v. Indoor Cultivation Equip., 55 F.3d 1311, 1317 (7th Cir. 1995). See [PDF] 1 UNITED STATES DISTRICT COURT SOUTHERN ….

 

TO BE CONTINUED.

Paul Chen

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 70+ images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

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On February 5, 2014, Rainey violated Rule 32(h)(i)(4)(B) of Federal Rules of Criminal Procedure.

On February 5, 2014, Rainey violated Rule 32(h)(i)(4)(B) of Federal Rules of Criminal Procedure, among others. See [PDF] Federal Rules of Criminal ProcedureU.S. Courts.

On February 5, 2014, Judge John Delay Rainey deferred ruling on victim restitution and a remedial order, and would issue a written order on both issues within 90 days, according to the DOJ.

This deferred action violated Rule 32(h): 1) without giving the parties reasonable notice that it was contemplating such a departure, i.e., $0 restitution; 2) without specifying any ground on which the court was contemplating such a departure.

This deferred action also violated Rule 32(i)(4)(B): 1) without addressing the victims of the crime who were present at sentencing; 2) without permitting the victims to be reasonably heard. * The Committee Note to Rule 32(i)(4)(B) adds that “[a]bsent unusual circumstances, any victim who is present should be allowed a reasonable opportunity to speak directly to the judge.”

Instead of allowing the victims who were present a reasonable opportunity to speak directly to him, Rainey simply “stated that because of the complex issues involved with restitution, the Court would issue a written decision on the issue of restitution within 90 days.” Rainey’s conduct not only violated Rule 32(i)(4)(B) but also demonstrated his cowardice, and cold feet. He was feeling guilty of what he had determined to do in 90 days, i.e., $0 restitution. If you had predetermined to give nothing to the victims in the first place, John, why did you have to torture them with anxiety, false hopes and delayed the announcement of the deplorable bad news for seven years after the jury’s conviction on June 27, 2007? Don’t you remember all the victims’ illnesses resulting from breathing the cancer-causing benzene and being exposed to the toxic pollutants between 1994 and 2003 you cited in your purported ORDER dated 4/30/2014?

Let me copy a portion here to strike your conscience, if any:

From January 1994 to May 2003, the 800+ Citgo’s pollution crime victims breathed benzene  See Benzene poisoning: MedlinePlus Medical Encyclopedia, and were exposed to other toxic pollutants. Many developed “cancer of the brain, nose, colon, throat, prostate, breast, ovaries, and thyroid, as well as chronic lymphoma; various “heart problems,” including heart attacks, heart disease, and irregular heartbeat; chronic sinus infections and sinusitis; respiratory issues, including COPD, lung infections, asthma, bronchitis, upper respiratory infections, emphysema, pneumonia, and collapsed lung; general “stomach problems,” as well as gastroenteritis, severe diarrhea, and a flesh-eating bacterial infection leading to a hole in the abdomen; various mental health issues, including nervous breakdown, general “mental disorders”, anxiety, depression, stress, memory problems, and blackouts; lung, liver, kidney, thyroid, and eye “problems”; and nearly two dozen other health issues, including sclerma, epilepsy, chronic migraines, high blood pressure, fibromyalgia, diabetes, earaches, cysts in the breast and brain, kidney stones, hair loss, neuropathy, shingles, muscle spasms, brain tumor, cataracts, liver disease, anemia, tremors, chronic laryngitis, vocal cord “pallets”, and the inability to have children. See MEMORANDUM OPINION & ORDER USA V. CITGO 4/30/2014: PDF] 1 UNITED STATES DISTRICT COURT SOUTHERN

 

TO BE CONTINUED.

Paul Chen

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 70+ images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Comparing John Delay Rainey’s Citgo $0 restitution order with the jury awards in similar cases

Let’s compare  Rainey’s Citgo $0 restitution with some jury awards and how other judges handle similar cases:

* Rainey’s law has been very successful in denying me access to the court for redress of grievances under the 1st Amendment, the due process and equal protection right under the 5th Amendment, the speedy criminal jury trial right under the 6th Amendment, the civil jury trial right under the 7th Amendment to the United States Constitution, and Rule 38. Right to a Jury Trial; Demand of the Federal Rules of Civil Procedure. His handling of Citgo’s case exactly followed RAINEY’S LAW: NO.1 DELAY 2. IGNORE MANDATORY DUTIES 3. ABUSE DISCRETION 4. DENY RELIEF OR RESTITUTION, and successfully denied the crime victims (a)(6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay under Crime Victims’ Rights Act.  In all my Motions, I always put JURY DEMAND at the beginning and the end; however, as he has never given me a day in court, a jury trial has always been a pie in the sky!

* Unless his VOID Orders/Judgments are vacated, I will never stop accusing him of abuse/misuse of judicial power, trespassing, usurpation, conspiracy, corruption, treason, RICO violations, among others.

* If Citgo’s restitution issue had been tried by jury, the result would have been completely different.

People do not care much about poverty; they care about inequality. — Confucius
The crime victims do not care how much the restitution they are entitled to; they do care about whether they are treated timely, justly, fairly, equally, impartially, and non-discriminatorily.
 Run and hide Stock PhotoMr. Rainey: You can run, but you cannot hide from the pain and suffering you have inflicted on Citgo’s crime victims! Besides cancer and other illnesses resulting from breathing cancer-causing benzene, here are some former Hillcrest residents reduced to homelessness, thanks to your $0 restitution ORDER!
Homeless couple Stock PhotosHomeless hungry man Royalty Free Stock Images
 
 Homeless Man Sleeping on the Street Stock ImageMan lying on the street around the trash bags Royalty Free Stock ImageHomeless person holding a board Royalty Free Stock Images

 
 1. Siemens: $1.6 billion in penalties (bribery)

“In November 2006, the U.S. Department of Justice and German prosecutors opened an investigation into bribery by Munich-based Siemens, Europe’s largest engineering company. Siemens and three of its subsidiaries pleaded guilty in December 2008 to charges of violating the U.S. Foreign Corrupt Practices Act from 1998 to 2007.

“Siemens paid $1.6 billion in penalties, admitting it had paid bribes to companies in Argentina, Bangladesh, Iraq and Venezuela.

2. Koch: $296 million compensatory damages + $20 million in fines and penalties

* “In 1999, a Texas jury imposed a $296 million verdict on a Koch pipeline unit — the largest compensatory damages judgment in a wrongful death case against a corporation in U.S. history. The jury found that the company’s negligence had led to a butane pipeline rupture that fueled an explosion that killed two teenagers.” See Koch Brothers Flout Law Getting Richer With Secret Iran Sales; Did OAI, and the Other Olympus Subsidiaries Violate the Anti-bribery Provisions of the FCPA & 15 U.S.C. § 78m? Posted on December 28, 2012 .

* Koch’s refinery unit in Corpus Christi pleaded guilty in 2001 to a federal felony charge of lying to regulators and paid $20 million in fines and penalties.” See Koch Brothers Flout Law Getting Richer With Secret Iran Sales — Those who have inside information on Citgo’s environment and bribery violations must read this article.

3. Actos: $1.5 million compensatory damages + $9 billion punitive damages 

“Following more than 12 weeks of trial, it took a Louisiana jury only a few hours to return a verdict in the first federal case involving the development of bladder cancer from side effects of Actos, awarding $1.5 million in compensatory damages and an additional $9 billion in punitive damages against Takeda Pharmaceuticals and Eli Lilly.” — Actos Lawsuit Results in Landmark $9 Billion Punitive Damages Verdict!

4. BP: $20 billion trust fund (This is contrary to Rainey’s denial of establishing a trust fund administered by a special master.) See 4/30/2014 MEMORANDUM OPINION & ORDER USA V. CITGO.

BP started by accepting designation as “the responsible party” under the Oil Pollution Act. Once it did, BP was obliged to establish a claims process for legitimate claims. This it did through the GCCF, to which all existing claims were transmitted. The documents establish a $20 billion fund that is held beyond the control of BP in an irrevocable trust with patently independent and experienced trustees having been named. The appointment of a seasoned and trusted administrator was made, in an effort to inspire confidence by payment of early emergency claims, and he was required to be accessible and active in informing claimants and offering transparency in performance. All the foregoing steps were designed to inculcate trust and encourage claimants to forgo the tort system for claims as a final resolution. See BP Oil Spill: Compensation, Agency Costs, and Restitution, P. 1350.

5. Citgo:  $2 million and $45,000 fines + $0 restitution for the crime victims

* Citgo’s ten years’ willful and deliberate violations of the environmental law by emitting the cancer-causing benzene and forcing the victims to breathe the toxic air are not only liable for substantial compensatory damages but also punitive damages in view of the injuries and pains inflicted on the victims.

* If the two teenagers in Koch’s case could cause $296 million jury verdict and $20 million in fines and penalties, Rainey’s decision of $2 million and $45,000 fines + $0 restitution was arbitrary, unreasonable, unconscionable and contrary to the statute, i.e., Crime Victims’ Rights Act 18 U.S.C. § 3771, and the 1st, 5th & 7th Amendments to the Constitution. Thus, his MEMORANDUM OPINION & ORDER USA V. CITGO rendered on 4/30/2014 was VOID ab initio. “If a court’s decision is plainly contrary to a statute or the constitution, the court will be held to have acted without power or jurisdiction, making the judgment void for Rule 1-060(B) purposes, even if the court had personal and subject-matter jurisdiction. See, e.g., United States v. Indoor Cultivation Equip., 55 F.3d 1311, 1317 (7th Cir. 1995).  See  [PDF] 1 UNITED STATES DISTRICT COURT SOUTHERN .

I believe discrimination still exists in society and we must fight it in every form. —  Andrew Cuomo

Discrimination has a lot of layers that make it tough for minorities to get a leg up. — Bill Gates
 
No change can come if those who are impacted the most by discrimination are not willing to stand up for themselves. — Zainab Salbi 
 
Discrimination is a crime yellow sign Stock Photo Anti racism, anti prejudice, anti discrimination sticker sign Royalty Free Stock PhotoEqual opportunity Stock Photos
 
 

TO BE CONTINUED.

Paul Chen

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 82 images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

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JOHN DELAY RAINEY’S LAW: NO. 2 IGNORE, IGNORE, IGNORE ANY MANDATORY DUTIES AT WILL!

John D. Rainey aka John Delay Rainey

RAINEY’S LAW: 4 BASIC STEPS TO SLEEP ON THE LITIGANTS’ RIGHTS without fail — no ifs ands or buts about it EXCEPT FOR Paul Chen’s FURY!

RAINEY’S LAW APPLIED IN MY CIVIL ACTIONS AND THAT OF USA V. CITGO PETROLEUM CORPORATION.

NO.1 DELAY: DELAY, DELAY, DELAY ANY CASE AT WILL

Delay in justice is injustice. — Walter Savage Landor (30 January 1775 – 17 September 1864) English writer and poet.

NO. 2 IGNORE: IGNORE, IGNORE, IGNORE ANY MANDATORY DUTIES AT WILL!

Beware of him that is slow to anger; for when it is long coming, it is the stronger when it comes, and the longer kept. Abused patience turns to fury. — Francis Quarles (8 May 1592 – 8 September 1644) English poet most famous for his Emblems.

Angry middle-aged man screaming and threatening Royalty Free Stock ImagesDismissal Stock Photography

Can’t you see the fury in our expressions, Judge Delay?

***************************************************************************

Let’s see how Rainey ignored his mandatory duties in my Civil Actions: 6:05-mc-02 and V-06-78, two TRO Motions and other Petitions in 6:09-mc-11 and that of 06-563 – USA v. CITGO Petroleum Corporation et al.

I. 6:05-mc-02 and V-06-78

In 6:05-mc-02 and V-06-78, he ignored his mandatory duties under 28 U.S.C. §1915(d), which provides in pertinent part: “The officers of the court shall issue and serve all process, and perform all duties in such cases.” He violated §1915(d) by unlawfully imposing the Clerk’s duty to prepare summons on me after I was granted to proceed in froma pauperis under §1915(a).

Whether Rainey was ignorant of “shall = must” or simply ignored it, he violated the statute without the clerk’s service of process and presided over the proceedings without any subject matter or personal jurisdiction.

When I requested that my complaints in V-06-78 be reinstated, in the Order of 1/15/2008 he stated: “The court will neither reinstate Plaintiff’s complaints nor grant Plaintiff a court-appointed attorney regarding this matter.”

Rule 1-041(E)(2) provides that Plaintiff “may move for reinstatement of the case,” and, “[u]pon good cause shown, the court shall reinstate the case.” Since he violated his mandatory duties under 28 U.S.C. §1915(d), the reinstatement under Rule 1-041(E)(2) of Rules Enabling Act was mandatory, not discretionary.

With respect to his denial of “a court-appointed attorney” under 1915(e)(1), which provides: “The court may request an attorney to represent any person unable to afford counsel.” The word “may” made this a discretionary act on his part. This will be discussed in RAINEY’S LAW: 3. ABUSE DISCRETION. 

II. Two TRO Motions and other Petitions in 6:09-mc-11 Chen v. Cox

By delaying the emergency TRO Motions and other Petitions for 11.5 months, on July 12, 2010 the same day he received my subpoena to testify in the NOTICES OF LIS PENDENS case (10-6-29) in Port Lavaca, he cunningly evaded the Sheriff’s service under the pretense of attending a non-existent judicial conference, and denied all the Motions and Petitions in one single Order. See Document 18 :: Chen v. Cox et al :: 6:2009mc00011 :: Texas … 

According to GUIDE TO TRO and INJUNCTIVE RELIEF IN FEDERAL COURT 6) Procedure b) New Case: i. File in Clerk’s Office; ii. Will be assigned a judge for new case; and iii. judge for TRO Judge will decide on brief or set hearing within two days, if needed. See [DOC] GUIDE TO TRO and INJUNCTIVE RELIEF IN FEDERAL.

Compare the “two days” with 11.5 months’ delay, shouldn’t a judge like Rainey be removed or impeached? He has been wasting taxpayers’ money by sleeping on litigants’ statutory and constitutional rights. When I sued him, his co-conspirator, Janis Graham Jack, dismissed my case (610-cv-00056 Chen v. Rainey) with prejudice claiming judicial immunity without even serving Rainey summons under 28 U.S.C. §1915(d). When I sued her, she didn’t even assign the case to another judge. She simply dismissed my COMPLAINT with prejudice. Both crooked judges were without any jurisdiction, power or authority to render VOID Orders/Judgments against me and are civilly and criminally liable for violating my constitutionally protected rights to life, liberty, or property evidenced from the voluminous court records. Furthermore, Mr. Rainey and Crooked Janis Graham Jack, having repeatedly warred against the U.S. Constitution you swore to uphold, are guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under 18 U.S. Code § 2381 – Treason, but not less than $10,000; and shall be incapable of holding any office under the United States.

Shame Stock ImageFingers Pointing with Blame Shame Royalty Free Stock PhotographyI don't want to see Royalty Free Stock Photos

This is crooked judge Janis graham jack!Shame Stock ImageFingers Pointing with Blame Shame Royalty Free Stock PhotographyI don't want to see Royalty Free Stock PhotosIs that you, Mr. Rainey? Don’t cover your face! You have no place to hide on earth!
 

As a result of equitable tolling, all my causes of action are subject to mandatory reinstatement under Rule 1-041(E)(2) of Rules Enabling Act. 

 

TO BE CONTINUED.

Paul Chen

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 70+ images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

RAINEY’S LAW: NO.1 DELAY 2. IGNORE MANDATORY DUTIES 3. ABUSE DISCRETION 4. DENY RELIEF OR RESTITUTION

John D. Rainey aka John Delay Rainey:

RAINEY’S LAW: 4 BASIC STEPS TO SLEEP ON THE LITIGANTS’ RIGHTS without fail — no ifs ands or buts about it EXCEPT FOR Paul Chen’s FURY!

RAINEY’S LAW APPLIED IN MY CIVIL ACTIONS AND THAT OF USA V. CITGO PETROLEUM CORPORATION.

 

RAINEY’S LAW: 

NO.1 DELAY: Delay, delay, delay my Civil Actions: 6:05-mc-02 and V-06-78, two TRO Motions and other Petitions in 6:09-mc-11. In 6:05-mc-02 and V-06-78, I filed six Complaints comprising 85+ meritorious claims on and after April 18, 2005.  I was granted to proceed in forma pauperis after ten months’ waiting; however, no process has ever been served by the Clerk in accordance with 28 U.S. Code § 1915(d).

Though I asked him to recuse himself, grant a three-judge district court to hear my two TRO Motions, he flatly refused my request. To protect my legal and equitable interest, I filed notices of lis pendens in the state court, which caused the defendants Anita L. Koop and David Roberts to conspire with Sheriff B.B. Browning and ADA Shannon Salyer to commit false arrest, wrongful imprisonment and malicious prosecution by citing erroneous Penal Code. On July 12, 2010, I subpoenaed him and his case manager Ms. Joyce Richards to testify at the July 15, 2010 hearing in Port Lavaca. They evaded the sheriff’s subpoena service under the pretense of attending a judicial conference. The truth will come out once he is hauled into court through the discovery process. Meanwhile, Rainey rendered the purported MEMORANDUM OPINION & ORDER on July 12, 2010, the same day, he was subpoenaed. The VOID ORDER denied all my claims in the six complaints after five years’ delay without giving me any day in court, and the two TRO Motions after 11.5 months despite my numerous telephone calls and letters addressed to Ms. Richards.

Thus, DELAY: DELAY, DELAY, DELAY ANY CASE AT WILL is Rainey Law No. 1.

Angry at the Man Stock PhotoEvil Royalty Free Stock PhotoFight Evil Words To Do List Protect Secure Improve Safety Stock Photography

“Justice delayed is justice denied!” — William E. Gladstone (British Statesman and Prime Minister (1868-1894), and the most prominent man in politics of his time, 1809-1898)

Special Event Badge Lanyard Conference Expo Convention Stock ImagesConference hall Stock ImageMr. Rainey: A judicial conference is a special event, isn’t it? How many judges participated in the July 15, 2010 Conference? How come the conference room is dark and empty except for the chairs and tables? Were you really there? Which seat was yours?

Tell us the truth because The Truth Will Set You Free!”John 8:31-32 English Standard Version (ESV)

Truth Outweighs Lies Stock ImagesTRUTH PREVAILS!

 
 Where were you on July 15, 2010, Mr. Rainey?
Sleeping in the conference room wasting taxpayers’ money or sitting on my rights in your chambers?
 
 

TO BE CONTINUED.

Paul Chen

Posted in Corruption, Crime Victims Rights Act Violations, David Roberts, due process of law, Egregious Misconduct, false arrest, FRAUD ON THE COURT, Fraudulent Concealment, Intentional Misrepresentation, Intrinsic/Extrinsic Fraud, Anita L. Koop, Anita's Resort Properties Inc., Judge John D. Rainey, Judge John D. Rainey's Corruption, Judge John D. Rainey's Misconduct, Judge Juergen "Skipper" Koetter, Judge Skipper Koetter, JUDGE SKIPPER KOETTER'S JUDICIAL & NON-JUDICIAL MISCONDUCT, Judge Skipper Koetter's Judicial Misconduct, Kenneth Burch, malicious prosecution, MANDAMUS: VOID Orders/Judgments, Perjured Testimony, Perjury, RACIAL & ECONOMIC DISCRIMINATION, Racketeering Activity, Randal W. Hill, Randall W. Hill, Roberts Roberts Odefey Witte LLP, Suing officers of the court, Terry J. Cox, Thomas George, VOID ORDERS/JUDGMENTS | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

JOHN D. RAINEY: YOU HAVE REPEATEDLY DENIED OUR CONSTITUITIONAL RIGHT TO LIFE, LIBERTY OR PROPERTY!

American Democracy Royalty Free Stock PhotosWE THE PEOPLE are protected by The Bill of Rights and the other amendments to the United States Constitution.

Follow or Make My Own Rules Vote Choose Freedom Stock ImagesMr. Rainey: You are supposed to follow the rules!
Make Your Own Rules Book Take Charge of LIfe Royalty Free Stock ImageBut you have made your own rules again and again!
 
Luke 18:25 – For it is easier for a camel to go through a needle’s eye, than for a rich man to enter into the kingdom of God.
 
I would say: It is easier for a camel to go through a needle’s eye than for a corrupt judge like Rainey to enter into the kingdom of God.
 
 
Civil Disobedience Stock PhotoYou applied the wrong laws to the facts. We have the right to challenge your erroneous rulings and have them VOIDED.
 
President Barack Obama Stock PhotoLike Pres. Obama, you said: “I do solemnly swear (or affirm), that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me, according to the best of my abilities and understanding, agreeably to the Constitution, and laws of the United States. So help me God.” — You didn’t do equal right to the poor, particularly us, the crime victims, and to the rich, Citgo and other big businesses, did you?
 
It does not require a man of wisdom to tell right from wrong, just from unjust, fair from unfair.
 
Your callous, arbitrary and unreasonable handling of my Civil Actions: 6:05-mc-02 and V-06-78, two TRO Motions and other Petitions in 6:09-mc-11 and that of 06-563 – USA v. CITGO Petroleum Corporation et al can be attacked at any time in any proceedings because all your orders are VOID ab initio and [There is no time limit within which to file a motion to vacate a void order or judgment. 735 ILCS 5/2-1401(f); People v. Wade, 116 Ill.2d 1, 506 N.E.2d 954 (1987) (“A void judgment may be attacked at any time, either directly or collaterally.”); In re Marriage of Macino, 236 Ill.App.3d 886 (1992) (“if the order is void, it may be attacked at any time in any proceeding, “).] See JUDGES JOHN D. RAINEY AND JANIS GRAHAM JACK: A GREAT BODY OF CASE LAW CLEARLY SHOWS YOUR POWER AND DUTY TO VACATE THE VOID ORDERS/JUDGMENTS YOU RENDERED ILLEGALLY.
 
Cancer Background Conceptual Design. Royalty Free Stock Photos Cancer and other illnesses have been rampant in the Citgo neighborhood for years!
Lung Cancer Tumor Royalty Free Stock ImageAngry bald man Royalty Free Stock Photography

Lung cancer Stock ImageAngry Man Royalty Free Stock Image 

My brother and I were lucky enough to have an early “medical screening”, and the doctor detected tumors in our lungs before they spread! Why did you refuse to have Citgo pay for our $250 annual screening expenses, Judge Rainey? Why?

Angry Man Stock Photos My wife has died of breast cancer!Symptoms and risk factors of Breast Cancer Stock Image

It is true that there may be a variety of risk factors; it is also true that she was exposed to Citgo’s toxic fumes between 1994 and 2003. How can you rule out the long-term effects of the Cancer-producing Benzene and other toxic pollutants on Citgo’s neighboring residents like us, Judge Rainey? 

Your callous, arbitrary and unreasonable handling of my Civil Actions: 6:05-mc-02 and V-06-78, two TRO Motions and other Petitions in 6:09-mc-11 and that of 06-563 – USA v. CITGO Petroleum Corporation et al can be attacked at any time in any proceedings because all your orders are VOID ab initio and [There is no time limit within which to file a motion to vacate a void order or judgment. 735 ILCS 5/2-1401(f); People v. Wade, 116 Ill.2d 1, 506 N.E.2d 954 (1987) (“A void judgment may be attacked at any time, either directly or collaterally.”); In re Marriage of Macino, 236 Ill.App.3d 886 (1992) (“if the order is void, it may be attacked at any time in any proceeding, “).] See JUDGES JOHN D. RAINEY AND JANIS GRAHAM JACK: A GREAT BODY OF CASE LAW CLEARLY SHOWS YOUR POWER AND DUTY TO VACATE THE VOID ORDERS/JUDGMENTS YOU RENDERED ILLEGALLY.
 

Mr. Rainey: On April 30, 2014, you cunningly banged the gavel for the $1.8 billion bucks, didn’t you? 

Judge with gavel Stock PhotoJudge Striking The Gavel Stock Photos 

TO BE CONTINUED.

Paul Chen

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 82 images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

Posted in Clean Air Act Violations, Conspiracy, Corruption, Crime Victims Rights Act Violations, David Roberts, due process of law, Egregious Misconduct, false arrest, FRAUD ON THE COURT, Fraudulent Concealment, Intentional Misrepresentation, Intrinsic/Extrinsic Fraud, Anita L. Koop, Anita's Resort Properties Inc., Judge John D. Rainey, Judge John D. Rainey's Corruption, Judge John D. Rainey's Misconduct, Judge Juergen "Skipper" Koetter, Judge Skipper Koetter, JUDGE SKIPPER KOETTER'S JUDICIAL & NON-JUDICIAL MISCONDUCT, Judge Skipper Koetter's Judicial Misconduct, Kenneth Burch, malicious prosecution, MANDAMUS: VOID Orders/Judgments, Perjured Testimony, Perjury, RACIAL & ECONOMIC DISCRIMINATION, Racketeering Activity, Randal W. Hill, Randall W. Hill, Roberts Roberts Odefey Witte LLP, Suing officers of the court, Terry J. Cox, Thomas George, Uncategorized, VOID ORDERS/JUDGMENTS | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment