Post #78 - December 18, 2023 - by Fred Bates
The Supreme Court fails to Address a Cheating Scandal in the Ninth Circuit
In a post on September 5, 2023, I wrote about a petition for a writ of certiorari that I filed in the Supreme Court. My petition sought a review of the judgment of the Ninth Circuit Court of Appeals that affirmed the judgment of the U.S. District Court in San Jose dismissing an independent action in equity I filed in 2020. My independent action in equity sought to set aside the judgment against me in a lawsuit I filed against the City of San Jose in 2006 for discrimination based on my disability and race. I am black/African American. The grounds for my independent action were based on claims that the judgment in my lawsuit is based on fraud, bias by the courts against me, and the courts' misapplication of the law.
My petition for writ of certiorari was filed on July 28, 2023. I submitted additional facts and exhibits to support my petition that were received by the Supreme Court Clerk's Office on September 15, 2023. The Clerk's Office refused to file the supporting evidence I submitted. The papers and exhibits I submitted were returned to me with the dubious claim that they were not properly submitted according to the filing rules of the Supreme Court. My petition was denied on October 2, 2023.
My petition for a writ of certiorari and supporting evidence present an irrefutable case of fraud, bias, and an intentional misapplication of the law by the Ninth Circuit Court of Appeals and the U.S. District Court in San Josee. It is unmistakable that the Supreme Court is engaged in a cover-up of the egregious misconduct of the courts in my lawsuit based the denial of my writ of certiorari.
My petition for a writ of certiorari, the supporting evidence I submitted, and the response letter of the Supreme Court Clerk's Office can be accessed at the links below:
Petition for writ of certiorari
Letter sent to the Supreme Court Clerk's Office and Response letter from Clerk's Office
To access the audio recording of the appeals hearing, click on the link below that will bring up the website for the 9th Circuit Court of Appeals. Type in case number 08-16757 and click on "search." Click on "listen" under the heading "Audio" on the case information line that appears to download the recording:
Complaint for damages
City's answer to complaint for damages
Transcript of hearing on the City's summary judgment motion
Docket entries for Rule 60 motion
Rule 60 motion
Transcript of hearing on Rule 60 motion
Civil minutes of hearing on Rule 60 motion
