STRUNK V DEPT. OF COMMERCE (CENSUS) - EMERGENCY Motion - Request For Expedited Appeal - Transport Room

Case: 10-5082 Document: 1245652 Filed: 05/18/2010 Page: 1
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United States Court of Appeals
' General info (202)216-7008 Fax No. (202)219-8530

rlAY 1820lO
LIST FOR EMERGENCY MOTIONS /O-SogZ-rC/
RECEIVED
Type of motion: kk&@ 8)- p?@l When will it be filed (Date & Time)? &NE ImQ10
Disposition needed by (Date 8t Time): JULY /r?@VVhy? hJmrf 7-0 ArpmLrn Smcj
be provided the court?

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Any hearings scheduled? pc When?
Status of motion for stayhjunction pending appeal filed with lower court or agency?
When will disclosure statements be filed?

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sau b m W / f T . ? O h/ 4 7mcc@a
If a NOA or P/R has not been filed, when will one be? #flbbM
Office Phone # Home Phone # Fax Phone #
FOR CLERK'S OFFICE USE ONLY

Deputy Clerk Date & Time
Who notified in LD?
ROUTING
.- Clerk ~
,- Team Leader Staff Attorney Assigned
Ch. Deputy Clerk Supv/Op Unit Other
- LDOffice - Intake
.
Appellant Strunk Declaration in support of request for an expedited appeal
for 10=5082=cvas time is of the essence with imminent irreparable h a m in
the conduct of the 2010 Census under color of 13 USC §141,13 USC §195
and related law for the 2 USC 52a allotment of US. House of Representative
seats to each State of the several States.
I , Christopher-Earl Strunk in esse declare under penalty of perjury with

28 USC s1746:
1. That Declarant is the Appellant herein appeal case IO-5082-cv and is
self-represented without being an attorney.
2. This declaration is in support of the emergency motion for an expedited
appeal as time is of the essence with imminent irreparable harm in the
conduct of the 2010 Census under color of 13 USC §141,13 USC SI95 and
related law for the 2 USC §2a allotment of U.S. House of Representative
seats to each State of the several States by the deadline in December 2010.
3. That the Court has afforded Dectarant until May 17,2010 to make
procedural motions in regards to this appeal and that Appellant understands
that the United States Court of Appeals for the District of Columbia Circuit
has approved a procedure that allows qualifying appeals to be placed in a
"stand-by pool" of cases. This case will be used to fill gaps in the argument
calendar caused when calendared cases are terminated prior to oral
argument. Placement in the pool wilt not result in delay of your appeal and
may result in significant expedition. To qualify for inclusion in this pool the
following conditions must be met within 30 (thirty) days of docketing:
(1) All parties must stipulate that they do not object to
inclusion in the stand-by pool (see form attached)
(2) All parties must stipulate to a briefing schedule on the form
provided. The parties should be aware that the chances of
expedition are increased to the extent they agree to
shorter briefing periods.
(3) All parties must stipulate that they will not file any
dispositive motions.
4. If these conditions are met, the case, if othefwise appropriate, will be
placed in the first available gap in the calendar. Counsel is assured at least
three weeks notice prior to scheduling. If counsel is unavailable for the
selected date, the case will be placed on a normal nonexpedited track. If no
gap emerges, every effort wift be made to calendar the case so that
consideration is not detayed.
5. That Declarant requests oral argument as this case is appropriate for
oral argument and even though the Court will not ordinarily include in the
"stand-by pool" cases that are inappropriate for oral argument, see D.C. Cir.
Rule 34(j),or cases that require special internal management pursuant to
this Court's Civil Appeals Management Plan.
2
6. That Declarant filed a preliminary statement by May 3,2010 with the
Clerk of the Court and that Statement of issues to be Raised are:
7. That Appellant seeks to make an expedited emergency motion with
time as the essence with irreparable harm in that the court made an error
209 b thru e, Nov. 26,

regarding 13 USC I 4 1 and Pub. L. 105-1 19, title 11, $j
1997, 111 Stat. 2480:
(b) Any person aggrieved by the use of any statistical method in violation of
the Constitution or any provision of law (other than this Act), in connection with the
2000 or any later decennial census, to determine the population for purposes of
the apportionment or redistricting of Members in Congress, may in a civil action
obtain declaratory, injunctive, and any other appropriate relief against the
use of such method.
(c) For purposes of this section-
(1) the use of any statistical method as part of a dress rehearsal or other simulation
of a census in preparation for the use of such method, in a decennial census, to
determine the poputation for purposes of the apportionment or redistricting of
Members in Congress shall be considered the use of such method
in connection with that census; and (2) the report ordered by title Vlll of Public Law
105-18 and the Census 2000 Operational Plan shall be deemed to constitute final
agency action regarding the use of statistical methods in the 2000 decennial
census, thus making the question of their use in such census sufficiently concrete
and finat to now be reviewable in a judicial proceeding.
(d) For purposes of this section, an aggrieved person (described in
subsection (b)) includes-
(1) any resident of a State whose congressional representation or district could be
changed as a result of the use of a statistical method chaHenged in the civil action;
(2) any Representative or Senator in Congress; and (3) either House of Congress.
@)(I)Any action brought under this section shalt be heard and determined
by a district court of three judges in accordance with section 2284 of title 28,
United States Code. The chief judge of the United States court of appeals for each
circuit shall, to the extent practicable and consistent with the avoidance of
unnecessary delay, consolidate, for all purposes, in one district court within that
circuit, all actions pending in that circuit under this section. Any party to an action
under this section shall be precluded from seeking any consolidation of that action
other than is provided in this paragraph. In selecting the district court in which to
consolidate such actions, the chief judge shall consider the convenience of the
parties and witnesses and efficient conduct of such actions. Any final order or
injunction of a United States district court that is issued pursuant to an action
brought under this section shalt be reviewable by appeal
3
directly to the Supreme Court of the United States. Any such appeal shall be taken
by a notice of appeal filed within 10 days after such order is entered; and the
jurisdictional statement shall be filed within 30 days after such order is entered. No
stay of an order issued pursuant to an action brought under this section may be
issued by a single Justice of the Supreme Court.
(2) It shall be the duty of a United States district court hearing an action brought
under this section and the Supreme Court of the United States to advance on the
docket and to expedite to the greatest possible extent the disposition of any such
matter.

regarding 73 USC 195 arbitrary and capricious data collection during the
enumeration.
regarding 2 USC §2a that New York had 47 Electoral college members in
1940 and starting in 1950 were reduced when New York population was say
10 million persons then increased to say 19 million persons but was reduce
to 31 electoral college members, now projection to be reduced without
population reduction to 29 in the current enumeration and altotment, without
provision of substantive due process required by the 14"Arnendment $j 2.
IO. That appellant requires a declaratory judgment for the matter of
use of tourists whose usual residence is in a foreign nation, diplomats and

related persons who are neither citizens and or permanent resident aliens in
the provision of allotment of US House seats as time is of the essence due
4
by December 2010 as a compelling state matter of interest with the 9 t h and
loth with the 14" Amendment related taw; and Declarant will expedite to the
SCOTUS accordingly hereafter if necessary needs sufficient time.
11. That Appellant has no other avenue to seek relief except herein
and is entitled to an expedited schedule in order that the case either may be
rapidly remanded or heard de novo here in that this court does have a three
judge panel that was unreasonably denied below at district as time is of the
essence with imminent irreparable harm will result without the relief
requested, which is that eighty pfus years after 2 USC 32a was passed to
rebatance the house seats after 20 years of outrageous neglect the US
House has been transformed into a chamber of tyrannical reign with
impunity and without the consent of the people by a Constitutional
amendment for 2 USC 52a; representation was devised and guaranteed in
the Ratio IHouse member per 30,000 persons now is outrageously in most
States 1 House Member per more than 630,000 persons and that when
combined with outrageous gerrymandering of such allotment at the State
level results in the guarantee of the permanent reign of a House member for
life terms ii?that the individiiaf voter has no reasonable expectation of
success 8r participation in the e k t i o i i or ckallengs of inciimbent
representation has been turned h t a~crony patrsnagz sjstem barri~g

.
sleeping with a dead person, chifdren of the same sex or outrageous acts of
bribery and infamy.
12. That Declarant demands that New York with a significant larger
population each ten years since 1940 is entitted to at feast to maintain the
same House seats as in 1940 and accordingly that the entire House be
ordered enlarged in proportion tu the population as intended by the US.
Constitution Article I Section 2 as well as the 14fhAmendment that is

thereafter to protect; and that the 2 USC 52a rebatancing formula devised
from the I912 allotment be declared unconstitutional and or limited in use
based upon no State losing representation without a proportional reduction
in population accordingly as is the intent of the Constitution.
13. And for such other and further relief as the court may deem just
and proper.
f declare under penalty of perjury with 28 USC 1746 that the foregoing is
true and correct and respectfully submitted for expedited action by all parties
involved.
Dated: M a y g , 2010
Brooklyn, New York
Christopher-Earl: Strunk in esse
593 Vanderbilt Avenue - #281
Brooklyn., New York 11238
(845) 901-6767 Email: chris(j3strunk.w
G
UNITED STATES COURT OF APPEALS

DISTRICT OF COLUMBIA CIRCUIT
333 Constitution Avenue, NW
Washington, DC 20001-2866
Phone; 202-216-7000 I Facsimile: 202-219-8530
STlPULA1[ION TO BE PLACED IN STAND-BY POOL OF CASES

The parties in the above case(s) state that they jointly agree to have this appeal placed in a pool of
cases to be slotted into openings that become available on the court's catendar.
The parties jointly stipufate to the following:
(1) they wish to be placed in the pool;

(2) they waive the filing of dispositive motions;
(3) they propose and will follow the briefing schedule as outlined below; and
(4) no motions for extensions of time will be filed by any party.
Complete only one of the foftowing briefing formats.
(1) Standard Briefing Schedute
AppeIlant(s)/Petitioner(s) Brief and Appendix
Intervenar(s) Brief
Appellee(s)/Respondent(s) Brief
I ntervenar(s) Brief
Appellant(s)lPetitioner(s) Reply Brief, if any
The parties shatt file their briefs on the due date. Maifing on the due date will not suffice.
USCA Form 74
August 2009 (REVISED)
(2) Briefing Schedule with a Deferred Appendix.

Appeftant(s)/Petitioner(s)Brief
Intewenor(s) Brief
rief
Appellee(s)'/Resp~t%eIW(s)*B
\
lnEWe-ntw(sJ-Brief - -_ __ -_ -.
--I
Appellant(s)/Petitioner(s) Reply Brief, if any
Joint Appendix
Final Briefs of All Parties

~ .- .
The parties shall file an original and five copies of initial briefs, eight copies of the joint appendix
and an original and eight copies of the final briefs. Briefs shall be filed on the due date.
Maifing on the due date will not suffice.
Firm Self represented without being an attorney
Address 593 Vanderbilt Avenue -281 Brooklyn NY 11238
Name of Party Represented r&f7

Signature Date
Name of Counsel (Print)
Firm
Address
Name of Party Represented
An original of this stipulation should be submitted within 30 days from docketing of the
case to:
Clerk
U.S.Court of Appeats for the D.C. Circuit
333 Constitution Avenue, N.W.
Washington, D.C. 20001
U S . Court of Appeals for the District of Columbia
Appeaf 10-5082-cv
CERTIFICATE OF SERVICE
On May 12,2010, I, Christopher Earl Strunk, under pmalty of perjury pursuant to 28 USC
1746, caused the service of a copy of the Appellant's emergency motion for an expedited
appeal for 10-5082-c~as time is of the essence with imminent irreparable harm in the
conduct of the 2010 Census under color of 13 USC §141,13 USC $195 and related law for
the 2 USC §2a allotment of U.S. House of Representative seats to each State of the
severai States declared May 12,2010 as a complete set of which each placed in a seafed
folder properly addressed with proper postage sewed by USPS mail upon:
Wynne P. Kelly Ms. Maria J. Rivera, Esq.

Assistant United States Attorney Texas Office Of The Attorney General
555 4th St., N.W. P.O. Box 12548
Washington, D.C. 20530 Austin, TX 78711
John Michael Bredehoft, Esq. Seth E. Goldstein,
KAUFMAN & CANOLES, P.C. Deputy Attorney General
150 West Main Street - POB 3037 California Department of Justice
Norfolk, VA 23514 Office of the Attorney General
John Marcus McNichols, Esq. 1300 "I" Street - Suite 125
WILLIAMS ti CONNOLLY, LLP Sacramento, California 94244-2550
725 12th Street, NW
Washington, DC 20005 Stephen Kitzinger,
Assistant Corporation Counset
New York City Law Department
Office of Corporation Counsel
100 Church Street
New York, New York 10007
1 do declare and certify under penalty of perjury:
May@)- New
Dated: Grookiyn, 2010York &
F&
Christopher- Earl : Strunk in esse
593 Vanderbilt Avenue - #28i
Brooklyn., New York 11238
(845) 901-6767 Ernail: chris@strunk.ws
t*
.

STRUNK V DEPT. OF COMMERCE (CENSUS) - EMERGENCY Motion - Request For Expedited Appeal - Transport Room

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Case: 10-5082 Document: 1245652 Filed: 05/18/2010 Page: 1

' General info (202)216-7008 Fax No. (202)219-8530

be provided the court?

When will disclosure statements be filed?

Office Phone # Home Phone # Fax Phone #

FOR CLERK'S OFFICE USE ONLY

I , Christopher-Earl Strunk in esse declare under penalty of perjury with

1. That Declarant is the Appellant herein appeal case IO-5082-cv and is

self-represented without being an attorney.

2. This declaration is in support of the emergency motion for an expedited

appeal as time is of the essence with imminent irreparable harm in the

procedural motions in regards to this appeal and that Appellant understands

has approved a procedure that allows qualifying appeals to be placed in a

calendar caused when calendared cases are terminated prior to oral

following conditions must be met within 30 (thirty) days of docketing:

(1) All parties must stipulate that they do not object to

inclusion in the stand-by pool (see form attached)

(2) All parties must stipulate to a briefing schedule on the form

provided. The parties should be aware that the chances of

expedition are increased to the extent they agree to

shorter briefing periods.

4. If these conditions are met, the case, if othefwise appropriate, will be

three weeks notice prior to scheduling. If counsel is unavailable for the

selected date, the case will be placed on a normal nonexpedited track. If no

5. That Declarant requests oral argument as this case is appropriate for

Rule 34(j),or cases that require special internal management pursuant to

this Court's Civil Appeals Management Plan.

6. That Declarant filed a preliminary statement by May 3,2010 with the

Clerk of the Court and that Statement of issues to be Raised are:

7. That Appellant seeks to make an expedited emergency motion with

209 b thru e, Nov. 26,

1997, 111 Stat. 2480:

8. That Appellant seeks to make an expedited emergency motion with

9. That Appellant seeks to make an expedited emergency motion with

to 31 electoral college members, now projection to be reduced without

population reduction to 29 in the current enumeration and altotment, without

provision of substantive due process required by the 14"Arnendment $j 2.

IO. That appellant requires a declaratory judgment for the matter of

use of tourists whose usual residence is in a foreign nation, diplomats and

the provision of allotment of US House seats as time is of the essence due

by December 2010 as a compelling state matter of interest with the 9 t h and

SCOTUS accordingly hereafter if necessary needs sufficient time.

rebatance the house seats after 20 years of outrageous neglect the US

House has been transformed into a chamber of tyrannical reign with

impunity and without the consent of the people by a Constitutional

amendment for 2 USC 52a; representation was devised and guaranteed in

combined with outrageous gerrymandering of such allotment at the State

life terms ii?that the individiiaf voter has no reasonable expectation of

success 8r participation in the e k t i o i i or ckallengs of inciimbent

representation has been turned h t a~crony patrsnagz sjstem barri~g

bribery and infamy.

ordered enlarged in proportion tu the population as intended by the US.

Constitution Article I Section 2 as well as the 14fhAmendment that is

from the I912 allotment be declared unconstitutional and or limited in use

based upon no State losing representation without a proportional reduction

in population accordingly as is the intent of the Constitution.

UNITED STATES COURT OF APPEALS

STlPULA1[ION TO BE PLACED IN STAND-BY POOL OF CASES

(1) they wish to be placed in the pool;

Complete only one of the foftowing briefing formats.

(1) Standard Briefing Schedute

AppeIlant(s)/Petitioner(s) Brief and Appendix

(2) Briefing Schedule with a Deferred Appendix.