Plaintiff's Supp Brief & Motion WEB

Case: 14-16858, 07/31/2015, ID: 9630268, DktEntry: 21-1, Page 1 of 9
2
3
4
5
Rehan Sheikh, Pro Se

1219 W. El Monte Street
Stockton, California 95207
Telephone: (209) 475.1263
rehansheikh@yahoo.com
6
IN THE UNITED STATES COURT OF APPEALS
7
8
FOR THE NINTH CIRCUIT
9
10
11
12
REHAN SHEIKH
Appellant (and plaintiff),
v.
13
14
15
16
17
18
19
Brian Kelly
Secretary, California State
Transportation Agency
Appellee
and
Mark Tweety
Manager, Department of Motor
Vehicles
Appellee
Case NO: 14 1 6 8 5 8
Appellants Supplementary Opening
Brief
42. U.S.C. 1983

The DMV continues to Suspend
Plaintiffs Driving License without
Hearing and without Notice since 2011
20
21
22
23
24
25
26
27
28
District Court: 2: 14 CV- 7 5 1 GEB AC
1
2
3
4
I. QUESTIONS PRESENTED
A. Submitted in Plaintiffs opening Brief dated Jan 2, 2015
B. Submitted in Plaintiffs opening Brief dated Jan 2, 2015
7
8
9
C. The DMV filed an additional accusation of Lack of Knowledge or skill on
10
plaintiffs driving license records without his knowledge. The DMV made those
11
records available to public and to auto insurance corporations without any
12
Notice to plaintiff.
13
14
15
Does the DMV has a mandatory duty, in order to satisfy the Due Process
Clause(s), to issue a written Notice to plaintiff?
16
17
18
19
20
21
22
23
24
25
26
27
28
Plaintiffs Supplementary Brief Rehan Sheikh v. [DMV]
P a g e |i
1
2
3
4
STATEMENT OF CASES
5
6
7
8
9
10
11
12
13
14
15
Ninth Circuit Court of Appeals

Plaintiff and plaintiffs spouse are parties in the following cases;
1) Farzana Sheikh MD v Medical Board of California
Case Number: 10 17098
2) Rehan Sheikh v Cisco Systems Inc.
3) Rehan Sheikh v Brian Kelly (California Department of Motor Vehicles)
4) San Joaquin (County) General Hospital v Farzana Sheikh, MD
16
17
Eastern District of California
18
Plaintiff and plaintiffs spouse are parties in the following cases;
19
1) Farzana Sheikh MD v Medical Board of California
20
21
22
23
24
Case Number: 2:10 CV 213 FCD - GGH

2) Rehan Sheikh v Brian Kelly (DMV)
Case Number: 2: 14 CV 751 GEB AC
3) San Joaquin (County) General Hospital v Farzana Sheikh, MD
Case Number: 2:14 CV 1509 MCE AC
25
26
27
28
P a g e | ii
1
2
3
The plaintiff hereby submits this Supplementary opening Brief with an
additional Questions (Page i). Plaintiff recently learned that defendants alleged
additional accusations of Lack of Knowledge or Skills on plaintiffs Driving License
6
7
without issuing a Notice to plaintiff.
8
9
II. JURISDICTION
10
1. The Ninth Circuit Court of Appeals has jurisdiction pursuant to 28 U.S.C.
11
1291. This Court has authority to grant declaratory relief under 28 U.S.C
12
2201 and 2202. The Case involves plaintiffs driving license. The applicable
13
14
Standard of Review is de novo.
15
16
III.
17
2. The Due Process Clause(s) mandate that the DMV issue a Notice of accusation.
18
19
20
21
SUMMARY OF ARGUMENTS
The DMV denied Right to Due Process by NOT issuing a written Notice.
3. The Due Process Clause(s) mandates that the DMV has the Burden to prove its
accusations for suspending plaintiffs Driving License.
22
23
IV.PROCEDURAL BACKGROUND
24
4. The Department of Motor Vehicles (DMV) issued an anonymous Order to
25
26
27
28
suspend plaintiffs driving license in 2011 without any Notice of Accusations.

5. After plaintiffs complaint, the DMV, submitted a declaration titled Second
Declaration of Shannon Robbins (exhibits- submitted Aug 06, 2014- District
P a g e |1
1
2
3
Court Docket#40). Without alleging additional accusation of Lack of Knowledge
or skill, and without demanding Reexamination,; that declaration stated ;
1. Im a senior legal analyst at the Department of Motor Vehicels.
2. I retrieved plaintiff Rehan Sheikh driving record using California
Department of Motor Vehicles (DMV) computer system. Plaintiff's
driving record contains information regarding his traffic citation,
conviction, and fine payment history as reported by law enforcement
10
11
12
13
14
15
16
agencies and California Superior Courts.

3. As of August 6, 2014, Plaintiff's driving record shows that he has not
paid his fine for his August 11, 20111Taffic citation (No. i\158647),
and that he has not appeared in the San Joaquin County Superior
Court on his February 16,2012 traffic citation (No. A156283).
6. The DMV and the Department of Justice issued the following letters (exhibit);
a. May 6, 2014 - Jennifer Berry, Assistant Chief County, DMV
17
b. April 25, 2014 - Thomas Laughter, Manager DMV
18
c. July 14, 2014 - Matthew Besmer DAG Department of Justice
19
The above referenced three letters, without alleging additional accusation of
20
Lack of Knowledge or skill, arbitrarily demanded Reexamination and alleged
21
22
23
24
25
26
27
28
the following two accusations;

i. Failure to Appear (FTA)
ii. Failure to Pay (FTP)
7. The above referenced letters were NOT labeled as Notices and the DMV did not
offer any hearing subsequent to those letters. Plaintiff has no opportunity to
contest above referenced accusations. The above referenced untimely letters did
P a g e |2
1
2
3
not constitute a sufficient Notice and did not conform with the requirements of
the Due Process Clause(s).
5
6
7
8. Recently plaintiff accidently received a copy of the public record and the DMV
report (exhibit) where the DMV alleged three accusations;
i.
ii.
10
iii.
11
12
13
14
15
Failure to Appear (FTA)

Failure to Pay (FTP) or unpaid fine
Lack of Knowledge or skill
9. The DMV did not issue any Notice to plaintiff that stated Lack of Knowledge or
skill. For lack of a written Notice of Accusation and for lack of a hearing,
plaintiff has no opportunity to contest such accusation.
10. Even before any judicial finding, the DMV published the above referenced
16
accusations including Lack of Knowledge or skill on its public reports to auto
17
insurance corporations. As a result, most reputable providers denied insurance
18
19
or quoted significantly higher premiums making insurance more expensive.
20
21
22
23
24
25
26
27
V. ARGUMENTS
a. The Due Process Clause(s) mandate that deprivation of Driving
License be preceded by a written Notice
11. The bare minimum requirement of the Due Process clause mandates that the
DMV issue written Notice of all of its accusations.
28
P a g e |3
1
2
3
Many controversies have raged about the cryptic and abstract words of the
Due Process Clause but there can be no doubt that at a minimum they require
that deprivation of life, liberty or property by adjudication be preceded by
notice and opportunity for hearing appropriate to the nature of the case.
7
8
9
10
Mullane, Special Guardian, v. Central Hanover Bank & Trust Co., Trustee, et
al. 339 U.S. 306 (1950)
12. The Notice of accusations is not a mere gesture and must reasonably inform
plaintiff of the pendency of an action and an opportunity to present objections.
11
12
An elementary and fundamental requirement of due process in any
13
proceeding which is to be accorded finality is notice reasonably calculated,
14
under all the circumstances, to apprise interested parties of the pendency of
15
the action and afford them an opportunity to present their
16
17
objections.(citations omitted). The notice must be of such nature as

reasonably to convey the required information, and it must afford a
reasonable time for those interested to make their appearance, "The
18
criterion is not the possibility of conceivable injury but the just and
19
reasonable character of the requirements, having reference to the subject
20
with which the statute deals." But when notice is a person's due, process
21
which is a mere gesture is not due process. Mullane, Special Guardian, v.
22
Central Hanover Bank & Trust Co., Trustee, et al. 339 U.S. 306 (1950)
23
13. The DMV suspended plaintiffs Driving License, published its accusations on its
24
public report without a Notice and without any hearing causing undue injury.
25
The DMV continues to suspend plaintiffs driving license since 2011. On such a
26
matter involving 10 day suspension the Supreme Court noted;
27
28
Where a person's good name, reputation, honor, or integrity is at stake

P a g e |4
1
2
3
because of what the government is doing to him," the minimal
requirements of the Clause must be satisfied (citations omitted). School
authorities here suspended [student] from school for periods of up to 10
days based on charges of misconduct. If sustained and recorded, those
7
8
9
charges could seriously damage the students' standing with their fellow
pupils and their teachers as well as interfere with later opportunities for
higher education and employment. It is apparent that the claimed right of
the State to determine unilaterally and without process whether that
10
misconduct has occurred immediately collides with the requirements of
11
the Constitution. Goss et al. v. Lopez et al. 419 U.S. 565 (1975)
12
13
14
b. The DMV has Burden to Prove its accusations for Suspending

Plaintiffs Driving License
15
16
14. Californias licensing agencies are consistently confused on this important
17
matter. Previously California Medical Board wrote letters to plaintiff and
18
claimed that the Board did not have Burden of proof to bring accusations or to
19
20
21
deny license (Farzana Sheikh MD v Medical Board of California Exhibit 19).

15. Now the DMV incorrectly claims that it does not have Burden to Proof to
22
suspend license(s). This has long been established that outcome of the case rests
23
with the Burden of Proof. The moving party that is, the party asserting the
24
claim or making the charges- generally has the burden of proof in an
25
26
27
administrative hearing. Schaffer v. Weast, 546 US 49 (2005); Brown v. City of

Los Angeles, 102 CA4th 155 (2002); Parker v City of Fountain Valley, 127 CA3d
28
P a g e |5
1
2
3
99 (1981). In proceeding to revoke [license], burden of proof never shifts to
license holder Schireson v. Walsh, 354 Ill. 40, 187 N.E. 921 (1933).
5
6
7
16. If DMV alleges that a Driver did not appear before a third party, the DMV must
prove its accusations and their relevance. This is the process widely accepted in
modern civilized countries as people have fundamental Rights associated with
their driving licenses. In order to deceptively shift its Burden of Proof, the DMV
10
suspended plaintiffs Driving Licenses without any process at all.
11
12
13
14
15
16
17
18
19
20
VI.PRAYER
17. Plaintiff seeks a declaratory relief that;
a. The DMV has the Burden to Prove its accusations for suspending
plaintiffs Driving License.
b. The DMV denied Plaintiffs Right to Due Process by NOT issuing a
written Notice of its accusations of Lack of knowledge and skills
c. The DMV denied Plaintiffs Right to Due Process by NOT issuing a Notice
21
or by NOT issuing a timely and sufficient Notice of its accusations of
22
Failure to Appear (FTA) and Failure to Pay (FTP).
23
Respectfully Submitted;
24
/s/ Rehan Sheikh
25
26
27
Date: July 31, 2015
---------------------------------Rehan Sheikh
Plaintiff
28
P a g e |6
Rehan Sheikh
Phone 209.475.1263 Email; rehansheikh@yahoo.com
Date: July 31, 2015
Matthew Besmer,
Deputy Attorney General
Department of Justice
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Matthew.Besmer @doj.ca.gov
Subject:
When the DMV filed the accusations?
Ref:
Sheikh v Brian Kelly (DMV) The Ninth Circuit No. 14 - 16858
Dear Mr. Besmer,

In the above referenced matter, the Driving License Records show an
accusation of Lack of knowledge or skills. When the DMV published those
accusations?
Respectfully,
Rehan Sheikh
Letters from DMVs

without showing accusations of
Lack of Knowledge or skill
EXHIBIT

Case 2:14-cv-00751-GEB-AC Document 40 Filed 08/06/14 Page 1 of 11
1
2
3
4
5
KAMALA D. HARRIS, State Bar No. 146672

Attorney General of California
SCOTTH. WYCKOFF,StateBarNo.l91367
Supervising Deputy Attorney <G-eneral
MATTHEW T. BESMER, State Bar No. 269138
Deputy Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Telephone: (559) 477-1680
Fax: (559) 445-5106
E-mail: Matiliew.I3esrner@doj.ca.gov
Attorneys for Defendants
7
8
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
II
12
13
14
15
16
17
18
19
RERAN SHEIKH,
2:14-cv-751 GEB AC PS
Plaintiff, SECOND DECLARATION OF SHARON

ROBINSON TN SUPPORT OF MOTION
v.
TO DISMISS FOR MOOTNESS AND
STANDING (RULE 12(b)(l)) AND MOTION
TO DISMISS FOR FAILURE TO STATE A
BRIAN KELLY Secretary, California
CLAIM (RULE 12(b)(6))
State Transportation Agency and Mark
Twecty, Manager, Department of Motor
Vehicles,
August 13,2014
Date:
Time:
10:00 a.m.
26, gth Floor
Courtroom:
Judge:
Honorable Allison Claire
Defendants.
TBA
Trial Date:
1 1 - - - - - - - - - - - - - - - - - . . . J Action Filed: March 24,2014
20
21
I, Sharon Robinson, declare:
22
I.
I am a Senior Legal Analyst at the Department of Motor Vehicles.
23
2.
On At1gust 6, 2014, l retrieved Plaintiff Rehan Sheikh's driving record using the
24
California Department of Motor Vehicle's ("DMV") computer system. Plaintiff's driving record
25
contains information regarding his traffic citation, conviction, and fine payment history as
26
reported by law enforcement agencies and California Superior Courts. Attached as Exhibit 1 is a
27
true m1d correct copy of PlaintiffRehan Sheikh's driving record.
28
I
Second Declaration of Sharon Robinson in Suppmi of Motion to Dismiss for Mootness and Standing (Rule 12(b)(J ))
and Motion to Dismiss for Failure to State a Claim Rule 12(b)(6) (2:14-cv-751 GEB AC PS)

Case 2:14-cv-00751-GEB-AC Document 40 Filed 08/06/14 Page 2 of 11
l
3.
As of August 6, 2014, Plaintiff's driving record shows that he has not paid his fine for
his August 11, 20111Taffic citation (No. i\158647), and that he has not appeared in the San
Joaquin County Superior Court on his February 16,2012 traffic citation (No. A156283).
4.
When Plaintiff pays his traffic 1ine and when he appears in court, the San Joaquin
Counly Superior Court -will notify the DMV and Plaintiffs driving record will be updated to
reflect Plaintiff's fine payment and court appearance.
I declare under penalty ofpet:jury under the laws of the United States of America and the
State of California that the foregoing is true and correct and that this declaration was executed on
August 6, 2014, at Sacramento, Califomia.
\0
1\
\2
js/ Sharon 1Wbinson
Sharon Robinson
Declarant
13
Signature
14
\5
\6
17
SA2014ll5505
95ll392l.doc
\8
19
20
2\
22
23
24
25
26
27
28
2
Second Declaration of Sharon Robinson ln Support of Motion to Dismiss for Moo1ness and Standing (Rule 12(b)(l))
and Molion to Dismiss lOr failure to State a Claim Rule 12(b)(6) (2:14-cv-751 GEB AC PS)
DMV Public Record

showing Additional Accusations of
Lack of Knowledge or Skills
without any Notice to Plaintiff
EXHIBIT
1 of 2

CALIFORNIA DEPARTMENT OF MOTOR VEHICLES
***CUSTOMER RECEIPT COPY***
DRIVER LICENSE/IDENTIFICATION CARD
INFORMATION REQUEST
07/23/2015
"
DATE:07-23-15*TIME:10:19*
DL/NO:D3
B/D:
*NAME:SHEIKH,REHAN AYYUB*
RES ADD AS OF 11-07-14:1219 W EL MONTE ST, STOCKTON 95207*
OTH ADD AS OF 01-09-07:500 W HOSPITAL RD, FRENCH CAMP*
IDENTIFYING INFORMATION:
SEX:MALE*HAIR:
ID CARD MLD:11-18-14* EXP:01-09-20*
LIC/ISS:01-09-07* EXP:01-09-12*RBMS*CLASS:C NON-COMMERCIAL*
HEALTH QUESTIONNAIRE EXPIRES:NONE*
LICENSE STATUS:
SUSPENDED OR REVOKED*
"
DEPARTMENTAL ACTIONS:
DRV LIC SUSPENDED*EFF:02-25-12*ORDER MAILED:02-16-12*
AUTH:12819 *
REASON:LACK OF KNOWLEDGE OR SKILL*SERVICE:J/02-25-12*
AUTH:13365 *
REASON:FAIL TO APPEAR NOTICE*SERVICE:M/09-16-14*
CONVICTIONS:
VIOL/DT CONV/DT SEC/VIOL DKT/NO DISP COURT VEH/LIC
08-11-11 05-23-12 22450 VC A158647 39460 5XOD646
405095 VC
*FAILURE TO PAY FINE
UPDATED:09-17-12*
"
FAILURES TO APPEAR:
VIOL/DT SEC/VIOL DKT/NO COURT VEH/LIC
02-16-12 14601A VC A156283 39460 5WAV921
16028A VC
21453A VC
21453A VC
21703 VC
21806A VC
2 of 2

22350 VC
UPDATED:05-03-12*
ACCIDENTS:
NONE*
END
514/2015
PrintDktEntry: 21-3, Page 4 of 8

Case: 14-16858, 07/31/2015, ID:Assessmanl
9630268,
Page 1 of 1
Copyright 20131<:12 Inc. All nYolts resen.ed.
1I0st Used
Online
Hill Code
Type
Activity Check
Reference:
Start Date:
End
Weight
Height
MALE
BLACK
SHEIKII, RbilAN A YYlJB
Name:
Address:
New MVR
Sex:
Lyes
llair:
DJ
License:
Dale
MVR:
DO[3:
Iss Datc 01/09/2007
L:xp Date: 01/0912012
1651bs.
5' I0"
BLACK
46
Age:
STATUS: SEI BELOW
Approx. Ycar Lie. First Issued: 2000
Failures To Appear
Vio) a tiOIlS/Coll victio liS
Seq #: II
Order Date: 05/01/2015
CALII'ORNIA Oriver Record - IlS168
A\:cidents
rVPE
VIOL
CONV
ACD
,\VI)
VIC
FoeA nON
nCKFI
I'LATE
elflS
OB!II!20 II
osm12012
M"
MAl)
224,1) STOP SIGNFAILURE TO STOI' AT LIMn
STO(,KT()~
AI58M7
\X()[)(,46 I
FTA
02/1oi2012
STOCKTON
A I 5628]
5WAV921
[)['SCRIPTlON
0,10
UE",
405t)!):'
B2fl
DB09
FTA
B74
DEO)
Fl"A
MI6
MAI6
WIlILE LICENSE SUSPEt-iDED OR

1602M J'AlL TO SHOW EVIDENCF OF FR
21153;\ REll OR STOP, VEIHCLE MUS r STOI' AI I
FIA
MI6
MA H,
21453A RED OR STOP, VEIIiCLE MUST STOP AT I.
FTA
MJ4
MI.[)~
21701
ITA
NU4
M("04
21806A I AlLURE TO YIELD ro EMERGENCY VFIl
FTA
S94
SA02
2:!])O
~OTICE
TO D!V1V-FA1LL'RE TO APPEAR
1,1601/\ DRIVING
P"j
N
N
IOLl.OWING TOO CLOSEl.Y
L'NSAFE ,I'D rOR Ct)eJ[)IIIO:-<S
SUS I)e II sio II s/Re\'oca t ion s

-Ie IIO\;,
OIWIHII,
III;IH II
(II.-IHIHII
I :--'[),IHrt.
02!2~!20 I',:
;LSPEK~IOl\
CODE
A \D
DESCRlI'110"
241
VG09
l.AO. OF K>iUWLEllUE OR SKiLl
<iJ8
[1002
FAILURE TO APPEAR ~lJTlCE
.. WRITIEN NOTH"!' SERVED BY OITICIR
,,;uSPl=.NSlON
lO/23J20 12
11/22/2012
.. VERBAL \01 1("1e
IlOCI..'\1E~T
ON I'll E
Lkcnsc and Permit Information

Ltccnse: PU\SONAL
Issue: 01/0912007
Expire: Oll09f2012
Status:
SUSPENI)I;()
S'lJ',~I)I;N'I)I':I)
,_.
Class: ('
NO"l-COMMERClAL
I.iews\: Status b.planatilln: MANDA lORY SUSP/REVK
I.icensc Status Explanatioll: D1SCIUTIONAR Y SUSPIREVK
License IDENTIFICATION Issue: 11118/2014
Expire: 0110912020 Stalus VALID
Class:
REGULAR
.vlisccllallcous Stllte Data
SUBJECT HAS RECEIVED A SfATEMENT OF ELIGIBILITY FOR RLNLWAI. flY MAli
Till:, "'CI~NSf:' NUMBER OF TIIl~ SLJ13JL':CT ABOVE WAS ClII:CKED FOR CllANeiLS OR EVE"lTS I'OSTI:I) TO Till
DRIVING RECOR!) SINCl: TilE I.AST MVR WAS ORDERED.
CHANGES OR EVENTS HA VI: BEEN REPORTED.
CHANGES OR EVENTS THAT TRIGGER AN MVR ORDER CAN INCLUDE, BUT MA Y NOT BE LIMITED TO CUNVICTIONS,
ACClDENTS, SUSPENSIONS, OR REVOCATIONS.
CONFIDENTIAL INFORMATION - TO IlE USED AS PER STATE AND FEDERAL LAWS.

MISUSI:: MA Y RESULT IN A CRIMINAl. I'ROSEC\ ITION
END OF REPORT FOR SHEIKH, REHAN II ,{YUH
(CONTROl, NUMBER 3DITBI)
DUPLICATE COPY
without highlighting records
DMV Public Record

showing Additional Accusations of
Lack of Knowledge or Skills
without any Notice to Plaintiff
EXHIBIT
514/2015
PrintDktEntry: 21-3, Page 8 of 8

Case: 14-16858, 07/31/2015, ID:Assessmanl
9630268,
Page 1 of 1
Copyright 20131<:12 Inc. All nYolts resen.ed.
1I0st Used
Online
Hill Code
Type
Activity Check
Reference:
Start Date:
End
Weight
Height
MALE
BLACK
SHEIKII, RbilAN A YYlJB
Name:
Address:
New MVR
Sex:
Lyes
llair:
DJ
License:
Dale
MVR:
DO[3:
Iss Datc 01/09/2007
L:xp Date: 01/0912012
1651bs.
5' I0"
BLACK
46
Age:
STATUS: SEI BELOW
Approx. Ycar Lie. First Issued: 2000
Failures To Appear
Vio) a tiOIlS/Coll victio liS
Seq #: II
Order Date: 05/01/2015
CALII'ORNIA Oriver Record - IlS168
A\:cidents
rVPE
VIOL
CONV
ACD
,\VI)
VIC
FoeA nON
nCKFI
I'LATE
elflS
OB!II!20 II
osm12012
M"
MAl)
224,1) STOP SIGNFAILURE TO STOI' AT LIMn
STO(,KT()~
AI58M7
\X()[)(,46 I
FTA
02/1oi2012
STOCKTON
A I 5628]
5WAV921
[)['SCRIPTlON
0,10
UE",
405t)!):'
B2fl
DB09
FTA
B74
DEO)
Fl"A
MI6
MAI6
WIlILE LICENSE SUSPEt-iDED OR

1602M J'AlL TO SHOW EVIDENCF OF FR
21153;\ REll OR STOP, VEIHCLE MUS r STOI' AI I
FIA
MI6
MA H,
21453A RED OR STOP, VEIIiCLE MUST STOP AT I.
FTA
MJ4
MI.[)~
21701
ITA
NU4
M("04
21806A I AlLURE TO YIELD ro EMERGENCY VFIl
FTA
S94
SA02
2:!])O
~OTICE
TO D!V1V-FA1LL'RE TO APPEAR
1,1601/\ DRIVING
P"j
N
N
IOLl.OWING TOO CLOSEl.Y
L'NSAFE ,I'D rOR Ct)eJ[)IIIO:-<S
SUS I)e II sio II s/Re\'oca t ion s

-Ie IIO\;,
OIWIHII,
III;IH II
(II.-IHIHII
I :--'[),IHrt.
02!2~!20 I',:
;LSPEK~IOl\
CODE
A \D
DESCRlI'110"
241
VG09
l.AO. OF K>iUWLEllUE OR SKiLl
<iJ8
[1002
FAILURE TO APPEAR ~lJTlCE
.. WRITIEN NOTH"!' SERVED BY OITICIR
,,;uSPl=.NSlON
lO/23J20 12
11/22/2012
.. VERBAL \01 1("1e
IlOCI..'\1E~T
ON I'll E
Lkcnsc and Permit Information

Ltccnse: PU\SONAL
Issue: 01/0912007
Expire: Oll09f2012
Status:
SUSPENI)I;()
S'lJ',~I)I;N'I)I':I)
,_.
Class: ('
NO"l-COMMERClAL
I.iews\: Status b.planatilln: MANDA lORY SUSP/REVK
I.icensc Status Explanatioll: D1SCIUTIONAR Y SUSPIREVK
License IDENTIFICATION Issue: 11118/2014
Expire: 0110912020 Stalus VALID
Class:
REGULAR
.vlisccllallcous Stllte Data
SUBJECT HAS RECEIVED A SfATEMENT OF ELIGIBILITY FOR RLNLWAI. flY MAli
Till:, "'CI~NSf:' NUMBER OF TIIl~ SLJ13JL':CT ABOVE WAS ClII:CKED FOR CllANeiLS OR EVE"lTS I'OSTI:I) TO Till
DRIVING RECOR!) SINCl: TilE I.AST MVR WAS ORDERED.
CHANGES OR EVENTS HA VI: BEEN REPORTED.
CHANGES OR EVENTS THAT TRIGGER AN MVR ORDER CAN INCLUDE, BUT MA Y NOT BE LIMITED TO CUNVICTIONS,
ACClDENTS, SUSPENSIONS, OR REVOCATIONS.
CONFIDENTIAL INFORMATION - TO IlE USED AS PER STATE AND FEDERAL LAWS.

MISUSI:: MA Y RESULT IN A CRIMINAl. I'ROSEC\ ITION
END OF REPORT FOR SHEIKH, REHAN II ,{YUH
(CONTROl, NUMBER 3DITBI)
1 of 2

CALIFORNIA DEPARTMENT OF MOTOR VEHICLES
***CUSTOMER RECEIPT COPY***
DRIVER LICENSE/IDENTIFICATION CARD
INFORMATION REQUEST
07/23/2015
"
DATE:07-23-15*TIME:10:19*
DL/NO:D3
B/D:
*NAME:SHEIKH,REHAN AYYUB*
RES ADD AS OF 11-07-14:1219 W EL MONTE ST, STOCKTON 95207*
OTH ADD AS OF 01-09-07:500 W HOSPITAL RD, FRENCH CAMP*
IDENTIFYING INFORMATION:
SEX:MALE*HAIR:
ID CARD MLD:11-18-14* EXP:01-09-20*
LIC/ISS:01-09-07* EXP:01-09-12*RBMS*CLASS:C NON-COMMERCIAL*
HEALTH QUESTIONNAIRE EXPIRES:NONE*
LICENSE STATUS:
SUSPENDED OR REVOKED*
"
DEPARTMENTAL ACTIONS:
AUTH:12819 *
REASON:LACK OF KNOWLEDGE OR SKILL*SERVICE:J/02-25-12*
AUTH:13365 *
REASON:FAIL TO APPEAR NOTICE*SERVICE:M/09-16-14*
CONVICTIONS:
VIOL/DT CONV/DT SEC/VIOL DKT/NO DISP COURT VEH/LIC
08-11-11 05-23-12 22450 VC A158647 39460 5XOD646
405095 VC
*FAILURE TO PAY FINE
UPDATED:09-17-12*
"
FAILURES TO APPEAR:
VIOL/DT SEC/VIOL DKT/NO COURT VEH/LIC
02-16-12 14601A VC A156283 39460 5WAV921
16028A VC
21453A VC
21453A VC
21703 VC
21806A VC
2 of 2

22350 VC
UPDATED:05-03-12*
ACCIDENTS:
NONE*
END
2
3
4
5
Rehan Sheikh, Pro Se

1219 W. El Monte Street
Stockton, California 95207
Telephone: (209) 475.1263
rehansheikh@yahoo.com
6
IN THE UNITED STATES COURT OF APPEALS
7
8
FOR THE NINTH CIRCUIT
9
10
11
12
REHAN SHEIKH
Appellant (and plaintiff),
v.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Brian Kelly
Secretary, California State
Transportation Agency
Appellee
Case NO: 14 1 6 8 5 8
Appellants Motion for Leave to File a
Supplementary Brief
and
Mark Tweety
Manager, Department of Motor
Vehicles
Appellee
District Court: 2: 14 CV- 7 5 1 GEB AC
1
2
3
4
5
6
7
8
9
MOTION For Leave to File a Supplementary Brief

1. Appellant respectfully asks the Court to grant leave to file Supplementary
opening Brief that is submitted along with Motion.
2. Appellant/ Plaintiff recently discovered that Appellees (the DMV) took
additional action on his driving license and filed additional accusations.
3. This short supplementary brief is submitted based on record that was not
10
reasonably available or could not be available at the time Appellant submitted
11
the opening brief.
12
13
14
15
16
PRAYER
4. Plaintiff respectfully requests the Court to grant permission to file his
supplementary opening brief.
17
18
Respectfully Submitted;
19
20
/s/ Rehan Sheikh
21
22
23
Date: July 31, 2015
---------------------------------Rehan Sheikh
Plaintiff
24
25
26
27
28
Motion for Leave to file Supplementary opening Brief Rehan Sheikh v. [DMV]
P a g e |1

Plaintiff's Supp Brief & Motion WEB

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Plaintiff's Supp Brief & Motion WEB

Uploaded by

Copyright:

Available Formats

Case: 14-16858, 07/31/2015, ID: 9630268, DktEntry: 21-1, Page 1 of 9

Rehan Sheikh, Pro Se

FOR THE NINTH CIRCUIT

42. U.S.C. 1983

District Court: 2: 14 CV- 7 5 1 GEB AC

Case: 14-16858, 07/31/2015, ID: 9630268, DktEntry: 21-1, Page 2 of 9

A. Submitted in Plaintiffs opening Brief dated Jan 2, 2015

B. Submitted in Plaintiffs opening Brief dated Jan 2, 2015

C. The DMV filed an additional accusation of Lack of Knowledge or skill on

records available to public and to auto insurance corporations without any

Case: 14-16858, 07/31/2015, ID: 9630268, DktEntry: 21-1, Page 3 of 9

Ninth Circuit Court of Appeals

Eastern District of California

Plaintiff and plaintiffs spouse are parties in the following cases;

1) Farzana Sheikh MD v Medical Board of California

Case Number: 2:10 CV 213 FCD - GGH

Case: 14-16858, 07/31/2015, ID: 9630268, DktEntry: 21-1, Page 4 of 9

The plaintiff hereby submits this Supplementary opening Brief with an

additional accusations of Lack of Knowledge or Skills on plaintiffs Driving License

without issuing a Notice to plaintiff.

1. The Ninth Circuit Court of Appeals has jurisdiction pursuant to 28 U.S.C.

Standard of Review is de novo.

4. The Department of Motor Vehicles (DMV) issued an anonymous Order to

suspend plaintiffs driving license in 2011 without any Notice of Accusations.

Case: 14-16858, 07/31/2015, ID: 9630268, DktEntry: 21-1, Page 5 of 9

Court Docket#40). Without alleging additional accusation of Lack of Knowledge

or skill, and without demanding Reexamination,; that declaration stated ;

1. Im a senior legal analyst at the Department of Motor Vehicels.

2. I retrieved plaintiff Rehan Sheikh driving record using California

Department of Motor Vehicles (DMV) computer system. Plaintiff's

driving record contains information regarding his traffic citation,

conviction, and fine payment history as reported by law enforcement

agencies and California Superior Courts.

b. April 25, 2014 - Thomas Laughter, Manager DMV

c. July 14, 2014 - Matthew Besmer DAG Department of Justice

The above referenced three letters, without alleging additional accusation of

Lack of Knowledge or skill, arbitrarily demanded Reexamination and alleged

the following two accusations;

Case: 14-16858, 07/31/2015, ID: 9630268, DktEntry: 21-1, Page 6 of 9

the Due Process Clause(s).

Failure to Appear (FTA)

accusations including Lack of Knowledge or skill on its public reports to auto

insurance corporations. As a result, most reputable providers denied insurance

or quoted significantly higher premiums making insurance more expensive.

Case: 14-16858, 07/31/2015, ID: 9630268, DktEntry: 21-1, Page 7 of 9

that deprivation of life, liberty or property by adjudication be preceded by

An elementary and fundamental requirement of due process in any

proceeding which is to be accorded finality is notice reasonably calculated,

under all the circumstances, to apprise interested parties of the pendency of

the action and afford them an opportunity to present their

objections.(citations omitted). The notice must be of such nature as

reasonable character of the requirements, having reference to the subject

which is a mere gesture is not due process. Mullane, Special Guardian, v.

matter involving 10 day suspension the Supreme Court noted;

Where a person's good name, reputation, honor, or integrity is at stake

Case: 14-16858, 07/31/2015, ID: 9630268, DktEntry: 21-1, Page 8 of 9

because of what the government is doing to him," the minimal

requirements of the Clause must be satisfied (citations omitted). School

authorities here suspended [student] from school for periods of up to 10

days based on charges of misconduct. If sustained and recorded, those

misconduct has occurred immediately collides with the requirements of

b. The DMV has Burden to Prove its accusations for Suspending

14. Californias licensing agencies are consistently confused on this important