2010-03-30 Declaration of Dr Joseph Zernik in RE: NDAs, pertaining to Richard Fine v Sheriff of Los Angeles County et al (09-56073) and Joseph Zernik v US District Court, Central District of California (08-72714), in the US Court of Appeals, 9th Circuit, obtained in visit to US Court of Appeals 9th Circuit

Digitally signed by
Joseph H Zernik
DN: cn=Joseph H
Zernik, o, ou,
email=jz12345@ea
rthlink.net, c=US
Location: La Verne,
California
Date: 2010.04.05
03:08:43 -07'00'
Declaration of Joseph H Zernik

In re: March 30, 2010 Visit to US Court of Appeals for the 9th Circuit,
Pasadena, California
I, JOSEPH ZERNIK, hereby declare as follows:

Instant Declaration was written as a memorandum of my March 30, 2010 visit to the US Court of
Appeals for the 9th Circuit, Pasadena, California. I have personal knowledge of the facts set forth herein,
which I know to be true and correct, except as to those matters therein stated as based upon information
and belief, and as to those matters, I believe them to be true and correct as well. If called as a witness, I
could and would competently testify with respect thereto.
1. I was served what appeared as court orders by the US Court of Appeals for the 9th Circuit in the two cases
listed below. However, such orders were unsigned, and they were served with no authentication by the
clerk at all:
a. Zernik v US District Court, Central District of California (08-72714)
b. Richard I Fine v Sheriff of Los Angeles County (09-71692)
2. For many months, I have been attempting to exercise my First Amendment right to access court records –
to inspect and to copy - at the US Court of Appeals for the 9th Circuit authentications by clerk of court
orders and other records in the two cases listed above. However, such efforts were unsuccessful. I was
never able to gain access to any authentication records at all.
3. On March 30, 2010 I appeared at the Office of the Clerk of the US Court of Appeals for the 9th Circuit,
125 South Grand Avenue, Pasadena, Ca, 91105.
4. I presented the staff member of duty a written request for access to inspect and to copy the
authentications by the Clerk of the Court.
5. Exhibit 1 is a true and correct copy of my letter of request to access court records, which I presented
to the Office of the Clerk on March 30, 2010.
6. The staff member of duty tried to convince me that I had to address all such requests to the Court of
Appeals for the 9th Circuit in San Francisco. I therefore requested to speak with a supervisor.
7. Another staff member of the Clerk’s Office then addressed my request, who was later identified as Deputy
Clerk Debra Rhodes. She tried to convince me that they were unable to access the requested records
themselves, and that I had to address my requests to the San Francisco Office of the Clerk. She also tried
to convince me that there was no way to provide copies of electronic records. I insisted on my right to
obtain such copies. She then told me that she had to call San Francisco and review with them my request.
8. After about half an hour I was informed that I would be receiving 32 pages, for which I paid by check
$32.00.
9. Exhibit 2 is a true and correct copy of the 16 NDAs (Notices of Docket Activity), which were provided to
me on March 30, 2010, by the Office of the Clerk.
List of Exhibits:
10. Attached to this declaration are the following exhibits:
Exhibit 1: March 30, 2010 Letter by Joseph Zernik- request to access court records.
April 5, 2010
Exhibit 2: March 30, 2010 Records received by Joseph Zernik from the Clerk’s Office, US
Court of Appeals, 9th Circuit.
I declare under penalty of perjury under the laws of the State of California and the United States that the
foregoing is true and correct.
Executed this 5th day in April, 2010, in Los Angeles county, California.
Joseph H Zernik
By_________________
JOSEPH H ZERNIK
PO Box 526, La Verne, California 91750
Tel: (323) 515-4583
Fax:(323) 488-9697
Email: jz12345@earthlink.net
April 5, 2010
EXHIBIT 1
Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
10-03-29 RE: Joseph Zernik v. USDC-CAC (08-72714) - Request to Access Court Records
– to inspect and to copy
Molly C Dwyer
Clerk of the Court
US Court of Appeals, 9th Circuit
Dear Clerk Dwyer:
Please accept this notice as a request to access court records – to inspect and to copy, pursuant to
First Amendment rights, and US Supreme Court decision in Nixon v Warner Communications, Inc
(1978).
The specific request is for the Notices of Docket Activity (NDAs) in the following dockets, as
detailed below:
1) Joseph Zernik v. USDC-CAC (08-72714), where I was named Appellant, and where I
was served orders of the US Court of Appeals, 9th Circuit.
Request is for all NDAs pertaining to the docket.
2) Richard I Fine v Sheriff of Los Angeles County (09-71692), where I was named
“Intervenor” and/or “Party in Interest”, and where I was served order of the US Court of
Appeals, 9th Circuit.
Request is for all NDAs pertaining to the docket.
3) Richard I Fine v Sheriff of Los Angeles County (09-56073)

Request is for the NDAs pertaining to the following records:
a. Dkt #1 Open 9th Circuit docket. No COA order in district court. Record on
appeal included
b. Dkt #2 Filed Appellant Richard I. Fine's "emergency motion to immediately release
aplt Fine from incarcertaion pending appeal ... etc.";
c. Dkt #12 Filed order (ANDREW J. KLEINFELD) Appellant is granted a certificate
of Appealability
d. Dkt #13 Filed order (MARY M. SCHROEDER and ANDREW J. KLEINFELD)
Appellant's motions and submissions to this court, received on July 20, 23, 29
and #30 and August 6, 2009, are ordered filed. Appellant's request for a
certificate of appealability is addressed by separate order. Appellant's
remaining motions and requests – including his request for immediate release
pending appeal – are hereby denied.
e. Dkt #59 FILED MEMORANDUM DISPOSITION (STEPHEN R.
REINHARDT,STEPHEN S. TROTT and KIM MCLANE WARDLAW)
AFFIRMED. FILED AND ENTERED JUDGMENT.
f. Dkt #69 MANDATE ISSUED.(SR, SST and KMW)
Page 2/2 March 29, 2010
In case no such records existed, I would request a clear statement on the record to that
effect.
Respectfully,
Dated: March 29, 2010
La Verne, County of Los Angeles, California Joseph H Zernik, PhD
By: ______________
JOSEPH H ZERNIK
PO Box 526, La Verne, CA 91750
Phone: 323.515.4583
Fax: 323.488.9697
Email <jz12345@earthlink.net>
Blog: http://inproperinla.blogspot.com/
Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
April 5, 2010
EXHIBIT 2
April 5, 2010
NDAs from Zernik v USDC (08-72714)

08··72714 Joseph Zernik v. USDC-CAC "Petition For Writ Docketed" Page 1 of2
***NOTE TO PUBLIC ACCESS USERS**i( Judicial Conference of the United

States policy permits attorneys of record and parties in a case (including pro se
litig3illtS) to receive one free electronic copy of all documents filed electronically, if
recenpt 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 leach document during this
first viewing.
United States Court of Appeals for the Ninth Circuit
Notke of Docket Activity
The following transaction was entered on 06/24/2008 at 4:58:06 PM PDT and filed on
06/24/2008
Case Name: Joseph Zemik v. USDC-CAC
Case N urn her: 08-72714
- -,-
Doclllrnent(s): QQ_gJm~.lJ.l(~)
Docket Text:
FILED PETITION FOR WRIT OF MANDAMUS. DqCKETED CAUSE AND
ENTERED APPEARANCE OF PROSE. NOTIFIED REAL PARTIES IN INTEREST
OF FILING.
The j=<:)llowing document(s) are assQciated with this transaction:
Document Descriptiolll:Petition D9cketing Letter
Original
FilelJlame:/opt/ACECF/live/fonns/bradleyy'_0872714_6568654_PetitionDocketLetter_13:
Elecltronic Document Stamp:
[STAl\1P acecfStamp_ID=11 06763,461 [Date=06/24/2d08] [FileNumber=6568654-0]
[294becde36d6db27c9b9136ecda8~363191ill 10723ba9!5986472f5bb56fb804c4bb93621 T
Recipients:
• Q.y~_rt_QIbSarah L~,_ ..AttonJ~Y

• USDC, Los An~
• Zemik, Joseph
Notkle will be electronically mailtrd to:
USDC, Los Angeles: cacd_appealfke@cacd.uscourts.g~)V
Notkle will be mailed to:
https://ecf.ca9.circ9.dcn/crnecf/servlet/Sl1owDoc/0090 11418683 P.type=n-htrnl&arnp;show... 03/30/2010

I
08"-72714 Joseph Zernik v. USDC-CAC "Petition For Writ Docketed" Page 2 of2
Overton, Sarah L., Attorney

CUMMINGS MCCLOREY DAVIS ACRO AND ASSOCIATES
Ste.700
3801 University Avenue
Riverside, CA 92501-0000
Zemik, Joseph
2415 Saint George Street
Los Angeles, CA 90027
The f()llowing information is for the use of court personnel:
DOCKET ENTRY ID: 6568654

RELIEF(S) DOCKETED:
DOCKET PART(S) ADDEI): 5677355
https:l/ecf.ca9.circ9.dcnlcmecf/servlet/ShowDoc/009011418683?type:=n-html&show... 03/30/2010
08-72714 Joseph Zernik v. USDC-CAC "Emergency Motion Received" Page 1 of 1
***NOllE TO PUBLIC ACCESS USERS*** Judicial Conference of the United

States J~olJicy 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 Jfiler. PACER access fees apply to all
other users . To avoid later charges, downlload a cOIPY of each dlocument during this
first viewing.
Notice of Docket ACltivity
06/25/2008
Case Number: 08-72714
Dockt~t Text:
Received Petitioner Joseph Zemik's emergency motion under Cir. R. 27-3, request to
incorporate by reference, request for judicial notice with exhibits. served on 06/24/2008.
Notic(~ willl be mailedl to:

CUMM:INGS MCCLOREY DAVIS ACHO AND ASSOCIATES
Ste. 700
Riversid.e, CA 92501·-0000
The following information is for the use of court personnel:

RELIEF(S) DOCKETED::
to take judicial notice
DOC](ET PART(S) ADDED: 5678972, 5678973
https:llecfca9.circ9 .dcn/cmecf/servlet/ShowDoc/0090 11460393?type=n-html&show... 03/30/2010

08-72714 Joseph Zernik v. USDC-CAC "Dispositive Order Filed" Page 1 of2
***NOTE TO PUBLIC ACCESS USERS'*** Judicial Conference of the United

States policy permits attorneys of relcolrd 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 tlhe tiler. PACER access fees apply to all
other users. To avoid later charges, download a copy of each document during this
first viewing.
Notice of Docket Activity
The fol1owing transaction was entered on 06/25/2008 at 4:44:00 PM PDT and filed on
06/25/2008
Case Name: Joseph Zernik v. USDC-CAC
DocUIIIlent(s): DQGJJII1~I}t(S)
Docket Text:
Order filed (STEPHEN R. REINHARDT, MARSHA S. BERZON and MILAN D.
SMITH, JR. )Petitioner has not demonstrated that this case warrants the intervention of
this comi by means of the extraordinary remedy of mandamus. See Bauman v. United
States Dist. Court, 557 F.2d 650 (9th Cir. 1977). Accordingly, the emergency petition for
writ of mandamus is denied. Ko motions for reconsideration, modification, or
clarification of this order shall be filed or entertained. [Denied;Terminated on the merits
after submissions without oral hearing;\Vritten, reasoned, unsigned, unpublished; ]
The following document(s) are associated with this transaction:
Documt~nt Description:Dispositive Order Filed
Original FiRename:08-72714.pdf
Electronic Document Stamp:
[STAMP acecfStamp_)D= 11 06763461 [Date=06/25/2008] [FileNumber=6569862-0]
[3dc21 fa21ce567712e 1bc382d73e6de6979d laaebd97cc999cb6b21769b85acea9f74b9922
Notice wm be electronically mailed to:
USDC, Los Angeles: cacd_appealfee@cacd.uscourts.gov
Notice will be mailed to:
Ovelioo, Sarah L., Attorney
CUMl'vUNGS MCCLOREY DAVIS ACHO AND ASSOCIATES
Ste.700
https:l/ecf.ca9.circ9 .dcn/cmecf/servlet/ShowDoc/0090 11460780?type=n-html&show... 03/30/2010

08-72714 Joseph Zernik v. USDC-CAC "Dispositive Order Filed" Page 20f2
Honorable Phillips, Virginia A., U.S. District Judge
Central District of California, (Riverside)l
312 North Spring Street
Los Angeles, CA 90012-0000
Zemik, Joseph
DOC1CEl' ENTRY ID: 6569862
RELIJElj'(S) DOCKETED:
to take judicial notice
DEN][ED (CLOSING)
DOCKET PART(S) ADDED: 5679333, 5678973, 5679334
bttps:1lee f.ca9 .circ9.dcn/cmecf/servlet/ShowDoc/0090 11460780?type=n-html&sbow... 03/30/2010

08-72714 Joseph Zernik v. USDC-CAC "Petitioner Motion Filed" Page 1 of 1
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United

litigalllts) 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 Ulsers. To avoid Ilater' charges, download a copy of each document during this
first viewing.
The following transaction was entered on 06/26/2008 at 2: 12:54 PM PDT and filed on
06/25/2008
Docl<.d Text:
Filed Petitioner Joseph Zemik motion for reconsideration entitled new petition for writ
II
of mandamus, request for leiniency fro prose filer etc). Served on 06/25/2008.
Notice wm be mailed to:
OvertoD, Sarah L., Attorney

CUMMINGS MCCLOREY DAVIS ACHO AND ASSOCIATES
Ste.700

RELIEF(S) DOCKETED:
to reconsider appellate commissioner or panel order
DOCKET PART(S) ADDED: 5680712,5680713
https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/0090 1150 1477?type=n-html&show... 03/30/2010

08-7;2714 Joseph Zernik v. USDC-CAC "Order Filed" Page I of2

States JPolicy permits attorneys of record and parties in a case (including pro se
litigants) to receive one fn~e electrol1lic copy of all documents filed electronically, if
receilpt iis requ~red by law or directed by the filer. PACER access fees apply to all
other Ulsers. To avoid later charges, download a copy of each document during this
first viewing.
The following transaction was entered on 06/2612008 at 3:56:39 PM PDT and filed on
0612612008
Case Number: 08-727l4
Document(s): 12g(;urrt~Dl(s..2
Docl{et Text:
Filed order (STEPHEN R. REINHARDT, MARSHA S. BERZON and MILAN D.
SMITH, JR.) The cOUli has received petitioner's June 25, 2008 filing entitled "New
Petition for Writ of Mandamus. " Petitioner's June 25, 2008 submission does not change
the resullt of the court's June 25, 2008 order. The petition for writ of mandamus remains
denied. No further filings will be accepted in this closed matter.
Document Description:Order Filed
Original FHename:~6962505.pdf
[STAlvIP acecfStamp_ID=11 06763461 [Date=0612612008] [FileNumber=6571064-0]
[1 del Obe68b82b 196eeba3t:~4ccec77eO 157a2al 0554c8f6bd7d455f2l d5269c4251 a120fcc,
Notice wiill be electronically mailed to:
USDC, Los Angeles: cacd_appealfee@cacd.uscollrts.gov
CUMM:INGS MCCLOREY DAVIS AeHO AND ASSOCIATES
Ste.700
https:l/lecfca9.circ9 .dcn/cmecf/servlet/ShowDoc/0090 11502071 ?type=n-html&show... 03/30/2010

Q8-727l4 Joseph Zernik v. USDC-CAC "Order Filed" Page 2 of2
Honorable Phillips, Virginia A" U.S. District Judge

Central District of California, (Riverside)
312 North Spring Street
Los Angeles, CA 90012-0000
Zemik, Joseph

RELIEF(S) DOCKETED:
to reconsider appellate commissioner or panel order
DOCKl~T PART(S) ADDED: 5681323,5680713
https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/0090 11502071 ?type=n-html&show... 03/30/2010

.- 08-72714 Joseph Zernik v. USDC-CAC "Notice Received" Page 1 of2

States policy permits attorneys of n~cord and parties in a case (including pro se
litigants) to receive one fr,ee electronic copy of aU documents filed electronically, if
receipt is required by Ilaw or dilrectt::d by the filer. PACER access fees apply to all
other users. To avoid latelr charges, download a copy of each document during this
first viewing.
United St:iltes Court of Appeals for the Ninth Circuit
Noticle of Docket Activity
The following transaction was entered on 07/31/2009 at 4:27: 19 PM PDT and filed on
07/31/2009
Case Name: Joseph Zernik v. USDC-CAC
Document(s): Do_cument(~)
Dod{et Text:
Received Petitioner Joseph Zernik notice regarding verified moton for orders. [7012377]
(no further filings per order 6/26/08) (EL)
Document nescription:Main Document
Original Filename:c63 f7 4c4-9878--4c89-9400-ad34b2881366.tmp. pdf
Electroniic Document Stamp:
[STAIVlP acecfStamp.)D=1106763461 [Date=07/31/2009] [FileNumber=7012377-0]
[7c0245 5bc4b8ea83130fb897gef5 58bb2da09c03b91 7b890953 ddbadeeO 1c48 53fl6c8bd8c
Noticl~ wilU be electronically mailed to:
Overton, Sarah Lee, Attorney
Notic.~ will be mailed to:
Zernik, Joseph
The following infonnation is for the use of court personnel:
https://ecf.ca9 .circ9.dcn/cmecf/servlet/ShowDoc/0090206661 03 ?type=n-html&show... 03/30/2010

April 5, 2010
NDAs from Fine v Sheriff (09-71692)

09-71692 Richard Fine v. Sheriff of Los Angeles County "Petition For Writ Docketed" Page 10f2
BCC E:maill Recipients:

NDA~ Case Files
***NOTE, TO PUBLIC ACCESS USEJRS*** Judicial Conference of the United

litigants) to receive one frere electron fie eopy of all documents filed electronically, if
other USlers. To avoid later charges, download a copy of each document during this
first viewing.
The foJllowing transaction was entered on 06/03/2009 at 11 :09:54 AM PDT and filed on
06/03/2009 :
Case N~llme: Richard Fine v. Sheriff of Los Angeles County
Documt~nt(s): Documenj:(0
Docket Text:
FILED PETITION FOR WRlT OF HABEAS

I
CORPUS. DOCKETED CAUSE AND
ENTERED APPEARANCES OF COUNSEL AND PRO SE PETITIONER. (HC)
Document Description:Petition Do'cketing Letter
Original
Filename:/opt/ACECF/live/forms/hollyc_0971692_6943788_PetitionDocketLetter_138'1=
[STA~vlP acecfStamp_JD=1106763461 [Date=06/03/2009] [FileNumber=6943788-0]
[9a83895795311 Odd61 ba6cf48a75fa8aedf9234ac4b8493716405c6a7e21244364c6191a43
Recipients:
• .Eil}~Richm~d 1.
• Fontan~-, Aaron Mitchdl
• USQ~C.,-LQs Angeles
Notice will be electronically mailed to:
USDC, Los Angeles
https://ecf.ca9.circ9.dcnlcmecf/serv!et/Sh6wDoc/009020509887?type==n-html&showBcc=y 03/30/2010
-09-71692 Rkhard Fine v. Sheriff of Los Angeles County "Petition For Writ Docketed" Page 2 of2
Notic€: will be mailed to:
Fine, Richard I.
LOS ANGELES COUNTY JAIL
Twin Towers
450 Bauchet St.
Fontana, Aaron Mitchell

Lawrence Beach Allen & Choi, PC
Suite 1200
100 West Broadway
Glendale, CA 91210-1219

RELIEF(S) DOCKETED:
DOCKET PART(S) ADDED: 6324669
https:llecf.ca9.circ9.dcnlcmecf/servlet/ShowDoc/009020509887?type==n-htm1&showBcc=y 03/3012010
·
09-71692 Richard Fine v, Sheriff of Los Angeles County "Intervenor Motion Filed" Page 1 of2
BCC EmaiI Recipients:

NDA,MOATT
***NOTE TO PUBLIC ACCESS USE~RS*** Judicial Conference of the United

States. policy permits aUorneys of record and parties in a case (including pro se
Iitigaullts) to receive one free electronic copy of all documents filed electronically, if
first viewing.
N otic.~ of Docket Activity
The following transaction was entered on 06/29/2009 at 10:34:03 AM PDT and filed on
06/24/2009
Case Name: Richard Fine v. Sheriff of Los Angeles County
Documeltlt(s): Documen~)
Docket 'Text:
Filed Joseph Zernick motion to intervene. Served on 06/19/2009. [6972099] (MT)
Docum(~llIt Description:Main Document
Original }~i1ename:285ade20,-f4 71-4246-9516-695d5ageb 14d.tmp.pdf
Electr'onic Document Stamp:
[STAMlP acecfStamp_ID= 11 06763461 [Date=06/24/2009] [Fi1eNumber=6972099-0]
[3d1 fd7314f124fc53194cd 130f49a51db3576e6557c3659412bacb56e23b1 cbOe9489860f9;
NoticiE~ will be mailed to:
Fine, Richard 1.
Twin Towers
450 Bauchet St.

Suite 1200
100 West Broadway
https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/009020574431 ?type=n-html&showBcc=y 03/30/2010

.-.;
09-71692 Richard Fine v. Sheriff of Los Angeles County "Intervenor Motion Filed" Page 2 of2
Zemick, Joseph
1856 Foothill Blvd
LV,CA91750
DOCKl8:T ENTRY ][D: 6972099

RELIEF(S) DOCKETED:
to intervene
DOCKET PART(S) ADDED: 6372375,6372376,6372377
https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/009020574431 ?type==n-html&showBcc=y 03/30/2010

09-71692 Richard Fine v. Sheriff of Los Angeles County "Dispositive Order Filed" Page 1 of2
BCC Email Recipients:

NDA, Quality Assurance
***NOTI~ TO PUBLIC ACCESS USERS*** Judicial Conference of the United

States poHcy permits attorneys of record and parties in a case (including pro se
Iitigalllts) to receive one free electronic copy of alll documents filed electronically, if
receiplt is required by law or directed by the filer. PACER access fees apply to all
other us(~~·s. To avoid latelr charges, download a copy of each document during this
first viewing.
Noticle of Docket Activity
06/30/2009
Case Num belr: 09-71692
Document(s): Documen1U'j
Docket Text:
Order filed (ALEX KOZINSKI, RICHARD A. PAEZ and RICHARD C. TALLMAN)
The court is in receipt of petitioner's original petition for a writ of habeas corpus filed
pursuant to 28 U.S.C. § 2254. An application for a writ of habeas corpus must be made to
the district court. See Fed. R. App. P. 22(a); see also 28 U.S.C. § 2241(b). Petitioner has
an application for a writ of habeas corpus pending in the United States District Court for
the Central District of California, case No. 09-1914. To the extent petitioner requests that
this court order the district court to act on or grant his petition for writ of habeas corpus,
petitioner's filing is construed as a petition for writ of mandamus. We note that on June
12,2009, the district court issued its findings and recommendations in petitioner's case.
Accordingly, petitioner has not demonstrated that this case warrants the intervention of
this court by means of the extraordinary remedy of mandamus. See Bauman v. United
States Dist. Court, 557 F.2d 650 (9th Cir. 1977). The petition is denied.. [6974360]
(KK\V)

Document Description:Main Docum(~nt
Original FiJlename:09-71692.pdf
[STA~I1P acecfStamp_)D=11 06763461 [Date=06/30/2009] [FileNumber=6974360-0]
[7f093271 b2d789358al 076dee9ae8d68a9f09ge54696e844eddade4dcd04b902deObOaeebd
https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/009020579446?type=n-html&showBcc=y 03/30/2010
· 09-71692 Richard Fine v. Sheriff of Los Angeles County "Dispositive Order Filed" Page 2 of2
USDC, Los Angeles

Honorable Walter, John F., U.S. District Judge
Fine, Richard 1.
Twin Towers
450 Bauchet St.

Suite 1200
100 West Broadway
Zemick, Joseph
1856 Foothill Blvd
LV , CA 91750

RELIEFI(S) DOCKETED::
DENIED (CLOSING)
DOCKET ]>ART(S) ADDED: 6376014,6376015,6376016
https:llecf.ca9.circ9 .dcnlcmecf/servlet/ShowDoe/009020579446?type=n-html&showBcc=y 03/30/2010

09-71692 Richard Fine v. Sheriff of Los Angeles County "Notice Received" Page 1 of2

None

litigants) to receive one free electronic: copy of all documents filed electronically, if
other lllsers. To avoid later charges, download a copy of each document during this
first viewing.
07/07/2009
Case Number: 09-71<222
Docurnent(s): DOC1JJ]1E;D1($)
Docket Text:
Received Petitioner Richard 1. Fine notice regarding supplement to emergency petition
for writ of mandate/prohibition: emergency motion for immediate release from
incarceration. [6983765] (MT)

Document Description:Main Document
Original Filename:603f4732-587d-4dde-b6d9·-5335b81 Ob59d.tmp.pdf
Electronilc Document Stamp:
[STAMP acecfStamp_ID=1106763461 [Date=07/07/2009] [FileNumber=6983765-0]
[826932a7c5c5de32d84015b936e4d4ebe43ec479539b81d477b66c42d099122baOcac174a
Notic.~ willi be mailed to:
Fine, Richard 1.
Twin Towers
450 Bauchet St.

Suite 1200
https:llecfca9.circ9.dcn/cmecf/servlet/ShowDoc/009020600793?type==n-html&showBcc=y 03/30/2010
09-71692 l~jchard Fine v. Sheriff of Los Angeles County "Notice Received" Page 2 of2
100 West Broadway

Zemick, Joseph
1856 Foothill Blvd
LV, CA 91750

https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/009020600793 ?type=n-html&showBcc=y 03/30/2010

09-71692 Richard Fine v. Sheriff of Los Angeles County "Motion Filed" Page 1 of2

None:

States pollicy permits attorneys of record and parties in a case (including pro se
Iitigalllts) to receive one free electronic copy of aU documents filed electronically, if
receipt is required by ~aw or dJirectE~d by the filer. PACER access fees apply to all
other ust~rs. To avoid latelr charges, download a copy of each document during this
first "ie~wing.
United States Courlt of Appeals for the Ninth Circuit
Notic,e of Docket Activity
The following transaction was entered on 08/03/2009 at 11 :31 :17 AM PDT and filed on
07/31l2009
Case Number: 0.2:11692
Document(s): I2Qs~JJm~Dl(s)
Dock{~1tText:
Filed Real Party in Interest Joseph Zernick party in interest Dr. Joseph Zemik's verified
motion for orders to serve NEFS and notice of intent to file motion for relief from
judgment in originating case per FRCJP. Served on 07/28/2009. [7013186] (MT)

Original Filename:c4dcc886-863d--4fcf~be77-d37c558c 1191.tmp.pdf

Electrolllk Document Stamp:

[STArVlP acecfStamp_)D=1106763461 [Date=07/31/2009] [FileNumber=7013186-0]
[34c8 Jl adebfc8187582c26c60e766c 1dde82e58ae288272b2bcdb 14d7a4aOb95f26e86f5d9a<
Notic(~ will be mailed to:
Fine, Richard I.
Twin Towers
450 Bauchet St.

Suite 1200
https://ecf.ca9.circ9.dcn/cmecf/servlet/Show])oc/009020708990?type=n-html&showBcc=y 03/30/2010
.-' 09-71692 Richard Fine v. Sheriff of Los Angeles County "Motion Filed" Page 2 of2
100 West Broadway

Zemick, Joseph
1856 Foothill Blvd
LV, CA 91750
The following infonnation is for the use of court personnel:

RELn~F(S) DOCKETED:
miscellaneous request
https://ecf.ca9 .circ9.dcn/cmecf/servlet/ShowDoc/009020708990?type=n-html&showBcc=y 03/30/2010

.-' . 08-72714 Joseph Zernik v. USDC-CAC "Notice Received" Page 2 of2
https:l/ecf.ca9 .circ9.dcnlcmecf/servlet/ShowDoc/0090206661 03 ?type=n-html&show... 03/30/20 10

April 5, 2010
NDAs from Fine v Sheriff (09-56-73)

09-56073 Richard Fine v. Sheriff of Los Angeles County, et al "eOA Pending in District... Page 1 of 2
***NOTE TO PUBLIC ACCESS USERS*** Judlicial Conference of the United

States poliley permits attorneys of record and parties in a case (including pro se
litigants) to receive one frel~ electronic copy of all documents filled electronically, if
receipt is required by law or directedl by the filer. PACER access fees apply to all
other usen;. To avoid later charges, dlownload a copy of each document during this
first viewing.
07/10/2009
Case Name: Richard Fine v. Sheriff of Los Angeles County, et al
Document(s): Documentw
Docket Text:
Open 9th Circuit docket. No COA order in ~istrict court. Record on appeal included: No.
[6988692] (BG)
Document DescJription:COA District Court Letter
Original
Filename::lopt/ACECF/live/forms/blancag_0956073_6988692_COADistrictCourtLetter_
Electronie Document Stamp:
[STAMP acecfStamp_ID=11 06763461 [Date=07/l 0/2009] [FileNumber=6988692-0]
[3e8fcOfedc885480 14a76c76aaf3de5bc138bdc 1d 19c6e4513b5f652bcafcc5784bd2d257d7
Recipients:
• Ein~jJsi(;Jlll:tclJ
• Fonti;!na, Aaron Mitchell
• My. TvIcCormick, Kevin Michael, Attorney
• lJSD~, Los Angeles
Notice willi be electronically mailed to:
Mr. McCormick, Kevin Michael, Attorney

USDC, Los Angeles
https:llecf.ca9.circ9 .dcnlcmecf/servlet/ShowDocl009020611921 ?type=n-html&show... 03/30/2010

09-56073 Richard Fine v. Sheriff of Los Angeles County, et al "CGA Pending in District... Page 2 of 2
Fine, Richard I.
Twin Towers
450 Bauchet St.
Suite 1200
100 West Broadway
RELIEF(S) DOCKETED:
DOCKET PART(S) ADDE:D: 6399976, 6399977
https://ecf.ca9 . circ9.dcn/cmecf/servlet/ShowDoc/O,09020611921 ?type=n-html&show... 03/30/2010

09~56073 Richard Fine v. Sheriff of Los Angeles County, et al "Emergency Motion Filed" Page 1 of2

States polky permits attorneys of record and parties in a case (including pro se
litigants) to receive one fre.~ electronic (:opy of all documents filed electronically, if
other users. To avoid later charges, dovvnload a copy of each document during this
first viewing.
The following transaction was entered on 07/1 0/2009 at 4:06:48 PM PDT and filed on
07110/2009
Case Name: Richard Fine v. Sheriff of:Los Angeles County, et al
Document(s): DocumentW
Docket Text:
Filed Appellant Richard I. Fine's "emergenc~ motion to immediately release aplt Fine
from incarcertaion pending appeal ... etc."; s<;:rved on 07/09/2009. [6988781] (HH)
The following document(s) are associated with

,
this transaction:
Document Description:Main Document I
Original Filename:90d8d6ge-3cf2-4a:58·-885d-·c2faf6da55c9.tmp.pdf
[STAMP acecfStamp_ID=1l06763461 [Date=07/l0/2009] [FileNumber=6988781-0]
[4feb670geOeca517a6ee36dbabOe18c8718ca12de80bd8e6f3230dfl a431 f6603bgef9ce531,
Notice willi be electronically mailed to:
Mr. McCoffilick, Kevin Michael, Attorney
Notice willi be mailed to:
Fine, Richard I.
Twin Towers
450 Bauchet St.

Suite 1200
https:llecf.ca9 .circ9 .dcnlcmecf/servlet/ShowDoc/009020612130?type=n-html&show... 03/30/2010

09-:56073 Richard Fine v. Sheriff of Los Angeles County, et al "Emergency Motion Filed" Page 2 of2
100 West Broadway


RELIEF(S) DOCKETED:
for bail pending appeal or trial
DOCKET PART(S) ADDED: 6400117, 6400118, 6400119
https:l/ecfca9.circ9 .dcn/cmecf/servlet/ShowDoc/009020612I 30?type=n-html&show... 03/30/2010

- G9-36073 Richard Fine v. Sheriff of Los Angeles County, et al "Order Filed" Page 1 of2

States poliiey permits attorneys of re<::ord and parties in a case (including pro se
litigants) to receive one frele electronic copy of all documents filed electronically, if
receipt is Irequired by law or directedl by the filer. PACER access fees apply to all
other users. To avoid later charges, dlownload a copy of each document during this
first viewing.
Notice of Dockelt Activity
The following transaction was entered on 08/1212009 at 10:20:52 AM PDT and filed on
08/12/2009
Docket Text:
Filed order (ANDREW 1. KLEINFELD) Appellant is granted a certificate of
appealability on the issue of whether the trial judge should have recused himself. A
review of this court's docket reflects that the filing and docketing fees for this appeal
remain due. Within 14 days of the filing date of this order, appellant shall (1) pay to the
district court the $455.00 filing and docketing fees for this appeal and file in this court
proof of such payment or (2) file in this court a motion to proceed in forma pauperis,
accompanied by a completed CJA Form 23. Failure to pay the fees or file a motion to
proceed in forma pauperis shall result iin the automatic dismissal of the appeal by the
Clerk for failure to prosecute. The Clerk shall serve a copy of CJA Form 23 on appellant.
If appellant pays the fees, the following brietlng schedule shall apply: The opening brief
is due September 9,2009; the answering brief is due October 9, 2008; the optional reply
brief is due within 14 days after service of the answering brief. If appellant files a motion
to proceed in forma pauperis, the briefing schedule will be set upon disposition of the
motion. Appellant's remaining motions and requests will be addressed by separate order.
[7024494J (DMM)

Original :Filename:09-56073.pdf
[STAMP acecfStamp_ID=1106763461 [Date=08112/2009] [FileNumber=7024494-0]
[61 a495ec5a68e07c796d56cb3ea78703bf9fcd9780c3 ff892b6852225a 119f6870ec97bc39S
Document Description:CJA Form 23

Original ]?illename:CJA23.pdf
https:llecf.ca9 .circ9.dcn/cmecf/servlet/ShowDoc/ShowDoc?amp;showBcc=y&type=n-ht... 03/30/2010

oJ .... 09:56073 Richard Fine v. Sheriff of Los Angeles County, et al "Order Filed" Page 2 of2
Electronic DocUlment Stamp:

[STAMP acecfStamp_ID=11 06763461 [Date=08/12/2009] [FileNumber=7024494-1]
[leI648ececa55481451986862730e722a4679657ce5f902fI9dld3c902968f361a27927faft

Fine, Richard 1.
Twin Towers
450 Bauchet St.

Suite 1200
100 West Broadway

RELIEF(S) DOCKETED:
for certificate of appealability
to set response by any party to anything
to set briefing schedule
DOCKET PART(S) ADDED: 6461231,6426668,6426669,6461232,6461233,
6461234
https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/ShowDoc?amp;showBcc=y&type=n-ht... 03/30/2010
09!!-56073 Richard Fine v. Sheriff of Los Angeles County, et al "Order Filed" Page 1 of2

None

litigants) to receive one free electronic (~opy of all documents filed electronically, if
first viewing.
08/12/2009
Case Number: 09:5607J
Document(s): DocuI1).enlC~)
Docket Text:
Filed order (MARY M. SCHROEDER and ANDREW J. KLEINFELD) Appellant's
motions and submissions to this court, received on July 20, 23, 29 and 30 and August 6,
2009, are ordered filed. Appellant's request for a certificate of appealability is addressed
by separate order. Appellant's remaining motions and requests - including his request for
immediate release pending appeal - are hereby denied. [7024515J (DMM)

Original Filename:09-56073MOTIONS.pdf
[STAMP acc:cfStamp_ID=11 06763461 [Date=08/12/2009J [FileNumber=7024515-0J
[2378a63005cb74e388acOeb8a634fe05173dc5cf2cOe8736235574976d50b042c74f2b0428
Notice wilJl be electronically mailed to:
Fine, Richard I.
Twin Towers
https://ecf.ca9.circ9 .dcn/cmecf/servlet/ShowDoc/00902090 1907?type=n-html&showBcc=y 03/30/2010

09.::-56073 Richard Fine v. Sheriff of Los Angeles County, et al "Order Filed" Page 2 of2
450 Bauchet 8t.

Fontana, Aaron ]\1itchell

Suite 1200
100 West Broadway

RELIEF(S) DOCKETED:
https:llecf.ca9.circ9 .dcn/cmecf/servlet/ShowDoc/00902090 1907?type=n-html&showBcc=y 03/30/2010

'09-56073 Richard Fine v. Sheriff of Los Angeles County, et al "Memorandum Filed" Page 1 of2
***NOTE TO PUBLIC ACCESS USERS*** Judlicial Conference of the United

States polllcy permits attorneys of rec:ord and parties in a case (including pro se
litigants) to receive one fret~ electronic copy of all documents filed electronically, if
receipt is Irequired by law or directedl by the filer. PACER access fees apply to all
other users. To avoid later charges, dlownload a copy of each document during this
first viewing.
The following transaction was entered on 12/16/2009 at 10:26:30 AM PST and filed on
12/16/2009
Case Number: 09.::2~Q73
Document(s): Document(~
Docket Text:
FILED MEMORANDUM DISPOSITION (STEPHEN R. REINHARDT, STEPHEN S.
TROTT and KIM MCLANE WARDLAW) AFFIRMED. FILED AND ENTERED
JUDGMENT. [7165909] (PH)

Document DescJription:Main Document
Original Filename:09-56073.pdf
[STAMP acecfStamp_ID=1106763461 [Date=12/16/2009] [FileNumber=7165909-0]
[5d759d985492f4e2705300c45987b 1850 1799a69c8eecd02d82aa87b4dba3a63ac8e446e6(
Document Description:Post Judgment Form

Original JP'ilename:PostJudgment&BillofCosts.pdf
[STAMP acecfStamp_ID=1106763461 [Da~e=12/16/2009] [FileNumber=7165909-1]
[6648839aea1922fcc 1af9c6a5t99468b88f4900al eafc20aa90cc8506347b 171 ccf630912a7:
Mr. Fontana, Aaron Mitchell, Attorney

USDC, Los Angeles
https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/009021597914?type=n-html&show... 03/30/2010
09-56073 Richard Fine v. Sheriff of Los Angeles County, et al "Memorandum Filed" Page 2 of2
Fine, Richard 1.
Twin Towers
450 Bauchet St.
Gottlieb, Daniel Henry

3516 via Dolce
Marina Del Rey, CA 90292

RELIEF(S) DOCKETJED:
AFFIRMED
DOCKET PART(S) AnDED: 6700715,6700716
https:llecf.ca9.circ9.dcnlcrnecf/servletiShowDoc/009021597914?type=n-html&show... 03/30/2010
09-55073 Richard Fine v. Sheriff of Los Angeles County, et al "Mandate Issued" Page I of2
***NOTE TO PUBLIC ACCESS USERS"'** Judicial Conference of the United

States poHcy permits alttorneys of record and parties in a case (including pro se
litigants) to recdve one free electronic (~opy of all documents filed electronically, if
receipt is Irequired by law or directed by the filer. PACER access fees apply to all
first viewing.
The following transaction was entered on 02/18/2010 at 10:36:02 AM PST and filed on
02/18/2010
Docket Text:
MANDATE ISSUED.(SR, SST and Kl\!l\V) [7235709] (GV)

Document Description: Mandate Order
Original Filename: /opt/ACECF/live/forms/gabriela_0956073_7235709_v20rder-
Mandate_216.pdf
[STAMP acecfStamp_ID=ll 06763461 [Date=02/18/2010] [FileNumber=7235709-0]
[3d1355ddd1 afc29c74d3905a724cl fa7f97841daDab6f51a92ge12f466ad5614eded1 e1d15
Recipients:
• Eine'LRjch~rd L
• MLJ~~I}lilll(;l",A,~mnMit~h~U ,At!.Q,mey
• Gottlieb, Daniel HenD'
• 1\1r. McCormick,-,Kevin Michael, Attorney
• USDb Los Angeles
Mr. Fontana, Aaron MitcheH, Attorney

Mr. McConnick, Kevin Michael, Attorney
USDC, Los Angeles
https:llecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/009021756510?type=n-html&show... 03/3012010
09-50073 Richard Fine v. Sheriff of Los Ange:les County, et al "Mandate Issued" Page 2 of2
Case participants listed below will not receive this electronic notice:
Fine, Richard I.
Twin Towers
450 Bauchet St.
Gottlieb, Daniel Henry

3516 via Dolce
Marina Del Rey, CA 90292

RELIEF(S) DOCKETl8:D:
DOCKET PART(S) ADDE:D: 6818083
https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/00902175651 O?type=n-html&show... 03/30/2010

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Digitally signed by

Declaration of Joseph H Zernik

I, JOSEPH ZERNIK, hereby declare as follows:

Dear Clerk Dwyer:

3) Richard I Fine v Sheriff of Los Angeles County (09-56073)

Dated: March 29, 2010

La Verne, County of Los Angeles, California Joseph H Zernik, PhD

NDAs from Zernik v USDC (08-72714)

***NOTE TO PUBLIC ACCESS USERS**i( Judicial Conference of the United

United States Court of Appeals for the Ninth Circuit

Notke of Docket Activity

FILED PETITION FOR WRIT OF MANDAMUS. DqCKETED CAUSE AND

ENTERED APPEARANCE OF PROSE. NOTIFIED REAL PARTIES IN INTEREST

The j=<:)llowing document(s) are assQciated with this transaction:

Document Descriptiolll:Petition D9cketing Letter

Elecltronic Document Stamp:

[STAl\1P acecfStamp_ID=11 06763,461 [Date=06/24/2d08] [FileNumber=6568654-0]

• Q.y~_rt_QIbSarah L~,_ ..AttonJ~Y

Notkle will be electronically mailtrd to:

USDC, Los Angeles: cacd_appealfke@cacd.uscourts.g~)V

Notkle will be mailed to:

https://ecf.ca9.circ9.dcn/crnecf/servlet/Sl1owDoc/0090 11418683 P.type=n-htrnl&arnp;show... 03/30/2010

Overton, Sarah L., Attorney

The f()llowing information is for the use of court personnel:

DOCKET ENTRY ID: 6568654

***NOllE TO PUBLIC ACCESS USERS*** Judicial Conference of the United

United States Court of Appeals for the Ninth Circuit

Notice of Docket ACltivity

Notic(~ willl be mailedl to:

Overton, Sarah L., Attorney

The following information is for the use of court personnel:

DOCKET ENTRY ID: 6569644

https:llecfca9.circ9 .dcn/cmecf/servlet/ShowDoc/0090 11460393?type=n-html&amp;show... 03/30/2010

***NOTE TO PUBLIC ACCESS USERS'*** Judicial Conference of the United

United States Court of Appeals for the Ninth Circuit

Notice of Docket Activity

writ of mandamus is denied. Ko motions for reconsideration, modification, or

clarification of this order shall be filed or entertained. [Denied;Terminated on the merits

after submissions without oral hearing;\Vritten, reasoned, unsigned, unpublished; ]

The following document(s) are associated with this transaction:

Documt~nt Description:Dispositive Order Filed

Electronic Document Stamp:

[STAMP acecfStamp_)D= 11 06763461 [Date=06/25/2008] [FileNumber=6569862-0]

[3dc21 fa21ce567712e 1bc382d73e6de6979d laaebd97cc999cb6b21769b85acea9f74b9922

Notice wm be electronically mailed to:

USDC, Los Angeles: cacd_appealfee@cacd.uscourts.gov

Notice will be mailed to:

Ovelioo, Sarah L., Attorney

CUMl'vUNGS MCCLOREY DAVIS ACHO AND ASSOCIATES

3801 University Avenue

https:l/ecf.ca9.circ9 .dcn/cmecf/servlet/ShowDoc/0090 11460780?type=n-html&amp;show... 03/30/2010

Honorable Phillips, Virginia A., U.S. District Judge

Central District of California, (Riverside)l

312 North Spring Street

Los Angeles, CA 90012-0000

2415 Saint George Street

Los Angeles, CA 90027

The following information is for the use of court personnel:

DOC1CEl' ENTRY ID: 6569862

to take judicial notice

DOCKET PART(S) ADDED: 5679333, 5678973, 5679334

bttps:1lee f.ca9 .circ9.dcn/cmecf/servlet/ShowDoc/0090 11460780?type=n-html&amp;sbow... 03/30/2010

***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United

United States Court of Appeals for the Ninth Circuit

Notice of Docket Activity

Notice wm be mailed to:

*NOTE TO PUBLIC ACCESS USERSi( Judicial Conference of the United

NOllE TO PUBLIC ACCESS USERS Judicial Conference of the United

https:llecfca9.circ9 .dcn/cmecf/servlet/ShowDoc/0090 11460393?type=n-html&show... 03/30/2010

NOTE TO PUBLIC ACCESS USERS' Judicial Conference of the United

https:l/ecf.ca9.circ9 .dcn/cmecf/servlet/ShowDoc/0090 11460780?type=n-html&show... 03/30/2010

bttps:1lee f.ca9 .circ9.dcn/cmecf/servlet/ShowDoc/0090 11460780?type=n-html&sbow... 03/30/2010

NOTE TO PUBLIC ACCESS USERS Judicial Conference of the United

https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/0090 1150 1477?type=n-html&show... 03/30/2010

NOTE TO PUBLIC ACCESS USERS Judicial Conference of the United

https:l/lecfca9.circ9 .dcn/cmecf/servlet/ShowDoc/0090 11502071 ?type=n-html&show... 03/30/2010

https://ecf.ca9.circ9.dcn/cmecf/servlet/ShowDoc/0090 11502071 ?type=n-html&show... 03/30/2010

NOTE TO PUBLIC ACCESS USERS Judicial Conference of the United

https://ecf.ca9 .circ9.dcn/cmecf/servlet/ShowDoc/0090206661 03 ?type=n-html&show... 03/30/2010

NOTE, TO PUBLIC ACCESS USEJRS Judicial Conference of the United

NOTE TO PUBLIC ACCESS USE~RS Judicial Conference of the United