IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

MR. MICHAEL THOMAS PAUL,

Plaintiff

vs. SA-16-CA-01119-OLG-ESC

CITY OF SAN ANTONIO, ACTING BY
AND THROUGH THE CITY PUBLIC
SERVICE BOARD (CPS ENERGY);
Defendant

PLAINTIFFS RESPONSE IN OPPOSITION TO MAGISTRATE JUDGES

RECOMMENDATION THAT COMPLAINT SHOULD BE DISMISSED

To the Honorable Chief United States District Judge Orlando Garcia:

Your Honor, There needs to be a few items addressed by you before taking into consideration

the recommendation that was submitted by the Magistrate Judge with regards to this case. First and

foremost is the complete lack of keeping within the boundaries of proper court administration by the

Magistrate Judge and the clerks office. When you referred this case for all non dispositive motions

among them was my request for court appointed representation and the reason I was requesting

appointed counsel was due to my inability to make a claim which relief could be granted because my

prior filed suit had been dismissed without prejudice for failing to state a claim that relief could be

granted.

When my first request was denied I filed another and it too was denied with a statement that the

congress had not made available funds for my representation. I had read case law and prior circuit

court decisions that reversed orders denying appointment of counsel that were using the reason which

the Magistrate specifically applied to me. I immediately filed a request that the Magistrate send this

PLAINTIFFS RESPONSE IN OPPOSITION TO

MAGISTRATE JUDGES RECOMMENDATION

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issue back to you for a De Novo review on appeal and ruling on the issue of my denied appointment of

counsel and that should she not send it back I would request for leave of the court to file an appeal with

the 5th circuit court.

The next notification I received was a letter in the U.S. Mail which stated My appeal had been

accepted by the fifth circuit even though I never filed a notice of appeal with that court. I was instructed

to that I had 10 days to submit the case record to the court. When I replied that the record had been

requested of the court I was then informed I needed to file an appeal brief. Before the expiration of

time to file the brief I submitted an Affidavit to my inability to complete a brief and I was not going to

attempt to fake knowing how to do one and send them something that would offend the court and

would lack the proper style and form required. The response I received stated that my time was

stopped for the brief to be filed and a request for appeal counsel was entered for me by the clerk of the

court. I just received an order dismissing my appeal for failure to seek an appeal De Novo by you and

also that there was no agreement in writing by either myself or the defense that agreed to be heard

before the Magistrate judge therefore the circuit court lacked the necessary Jurisdiction to render a

ruling on the appeal for denied counsel.

Sir it is for reasons exactly like this I had requested the appointment of counsel. I am not a

lawyer nor do I claim to be anything close to one. The two times I have been in the courtroom were the

first two times in my life that I had been inside a federal courtroom or courthouse in my entire 48 years

of life. I can neither afford to pay a lawyer due to my being 100% totally and permanently disabled

from an automobile accident in 1996 and I receive just $849 a month to live on that never lasts the

entire month due to my living on a 1 acre piece of land in the rural county and having to pay for the

maintenance and upkeep as well as utilities, insurances, taxes, plus fuels for the home and car and

groceries.

PLAINTIFFS RESPONSE IN OPPOSITION TO

MAGISTRATE JUDGES RECOMMENDATION

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 Compounding my position is the fact the Defendant has over two billion dollars in net assets

and the issues are so complex in this case and would require exhaustive investigation expenditures that

no lawyer would even consider taking the case on contingency. Even the Rio Grand Legal Aid which I

qualified for stated that it would cost them too much in time and resources that could be better used for

others who required their representation to prevent being deported among other things.

Your Honor, I have no idea what I am supposed to do and what Im not supposed to do. I

didnt spend 5 to seven years in Law School learning the ins and outs of the judicial process or how to

litigate a case. But what I do know is that I have been lied too, cheated, Robbed, Personal property

stolen, and physically injured to the point requiring intervention in an emergency room because I

almost died from the criminal activities of the defendants.

Second, because I filed a supplement to my original petition that was entitled Supplement to

enjoin defendants and no additional causes of action were alleged or the prior complaint altered in any

way should a statement be put forth by the magistrate that I had exhausted my right to amend my

complaint as I have been provided many opportunities. This is an attempt to have the one and only true

amended complaint thrown out even though it is specifically stated in the federal rules of civil

procedure that I am afforded as a right to amend my complaint once before having to request of the

court to amend again. And lets forget that the rules also state that amending should be granted in the

furtherance of justice if it is requested as long as its not done with the intent to just cause further delay.

I dont understand how she can claim that the defendant could not answer the original complaint

therefore I was ordered to provide a new document that stated in clear single paragraph statements

regarding the reason for me bringing my suit and that I also needed to address the issue of jurisdiction

and I was instructed to submit a paper that complied with rule 12 of the FRCP.

PLAINTIFFS RESPONSE IN OPPOSITION TO

MAGISTRATE JUDGES RECOMMENDATION

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 Again I am not a lawyer but what I was being asked for is the exact same thing I was asked for

in the first suit last year by the magistrate in the courtroom where the defendant had made the same

motions to dismiss, was for me to submit an amended complaint. Once I submitted an actual amended

complaint that DOES STATE JURISDICTION AND DOES MAKE A CLAIM FOR WHICH RELIEF

CAN BE GRANTED, you get sent a recommendation to ignore the amended complaint, find that I

failed to follow the magistrates orders and dismiss my claim for failure to state a claim and do it with

prejudice so I would be bared from ever presenting these issues before the federal courts ever again

without so much as any contemplation regarding the harm, abuse, and criminal acts I have been

subjected too by the defendants all because I am suing for damages caused by the technology

developed and placed on every single home in America by the DEEP STATE GOVERNMENT that is

the primary device used to gain access into every device with smart capability inside a persons home

that can be used for any purpose from eavesdropping on unsuspecting individuals conversations to

limiting their electricity use and even reprogramming of their devices without their knowledge.

And if the device is given the wrong programming data will act as if it just broken and needs to

be replaced because it will no longer function.

Sir, my father was the head communications technician for the US Air Forces Aerospace

medical testing facility at Brooks Air Force Base right here in San Antonio back in the 1970s. I would

hitch hike with him to work leaving at 4am in the morning because we didnt have a car. Some days I

would go to preK school or the nursery as I was only four and five.

But some days I would go to his job which was inside underground bunkers that had steel

pressure doors for entry and exit. It was inside these bunkers that tests were being performed on

Chimps from Southwest Research on the effects of microwave radiation to living organisms.

PLAINTIFFS RESPONSE IN OPPOSITION TO

MAGISTRATE JUDGES RECOMMENDATION

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 My father was a microwave communications specialist and was in charge of maintaining the

equipment being used. Holding a security clearance of TOP SECRET and ABOVE from the Office of

Special Intelligence (OSI).

When the US Air Force learned of the health damage done from exposure to microwave radio

radiation tests done on the chimps including testing of pacemakers and other medical devices, it is

sufficient to state that the Entire Federal Government was aware of the negative health impacts that

these types of communications can have on the entire populace.

SO WHY THEN HAS THE DEPARTMENT OF ENERGY SEEN FIT TO DEPLOY A SMART

METER ON EVERY SINGLE RESIDENCE IN THE USA IF NOT FOR THE SPECIFIC PURPOSE

OF ENTRY INTO THE VERY PLACE THATS PROTECTED BY THE FOURTH AMENDMENT

OF THE U.S. CONSTITUTION WHICH REQUIRES A WARRENT. And will claim that the required

use is to protect the future of the grid and ensure its ability to survive another blackout scenario like

2003 that plunged the entire northeast into darkness which lasted for two days to as much as a week.

If you mean by the ability to send a bulk command to entire areas to have those devices that can

receive the command shut down thus lowering the overall power demand on the system yes that is a

possibility.

But by the time a surge on draw is detected and one area begins to fail there is no way any

signal could ever be sent and received and then acted upon in such real time that could ever be

expected to beat a cascading of the overload.

Wireless communications are fast but the entire operation could not pre-empt the already

occurring cascade because the cascade will still arrive before the entire demand has been removed by

the smart devices.

PLAINTIFFS RESPONSE IN OPPOSITION TO

MAGISTRATE JUDGES RECOMMENDATION

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 And with the mountain of data that shows just how vulnerable the system is to being hacked

now because it is so interconnected with the web why would my government allow the transformation

of such a necessary daily technology to allow it to be so vulnerable to attack with all that I have

witnessed and the failure to get my case to trial from those who will prevent suits like mine from being

put on trial attempting to quash the truth time and time again. I expect no less than it to happen again

from this court and ordered from the Chief Judge himself along with the requested warning that severe

sanctions will be imposed against me should I attempt to ever have my claims properly adjudicated in a

federal court in the future.

From the experience I have been through and the attacks against me that are still happening to

this day, like my disability being removed after 15 years when it was stated I had no expectation of

recovery and I will progressively worsen the older I get, yet Social Security has determined I am no

longer disabled.

I then requested the involvement of my US Senatorial Representative along with my filing an

estoppel affirmative defense of the action which was done in clear violation of the agencies operating

manual.

And why would I be placed on a separate list of social security recipients who have a federal

case pending in a federal court related to an issue that has nothing to do with social security or my

disability?

I clearly see how justice in America is no longer existent and the only ones with real rights and

protections are the criminals of our society. Thank you for the awakening which has forced me to no

longer be a sheeple and to begin questioning everything I thought was the real truth that has ended up

being FAKE NEWS. Maybe we need to have a meeting of the flat earth society.

PLAINTIFFS RESPONSE IN OPPOSITION TO

MAGISTRATE JUDGES RECOMMENDATION

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 The magistrate has gone out of her way to submit to you a recommendation that would make a

tenured law professor weak in the knees from the case law cited making it appear that I being a pro se

petitioner have again failed to meet the expectations of this court. Now If I were an attorney then Yes

you should take her recommendations.

However if this court is willing to extend the inherent power it has to exercise its discretion in

applying liberally my stated complaint and have it continue to trial with the help of an appointed

attorney which should be provided to me in the furtherance of justice if for no more of a reason than for

this court to ensure a US citizen who was forced to bring a suit in this court is provided every

opportunity to have his grievances properly plead in this forum.

If upon the appointment the attorney should fail to be able to provide any cause of action which

is the express jurisdiction of this court I will personally dismiss this case and never bother this court

ever again.

I personally dont see that happening because the last thing this government wants is to allow

the issues I have put forth to be heard by a jury who could possibly derail the entire SMART GRID

INITIATIVE which it hopes can survive for its special uses of invasion of privacy and access to homes

with out the need to comply with the fourth amendment of the Constitution.

Dated February 20th 2017 /S/ Michael Thomas Paul

Pro Se
mtp7389@hotmail.com

The above statements are true and based in fact as I know them to be to this I do attest.

/s/Michael Thomas Paul

PLAINTIFFS RESPONSE IN OPPOSITION TO

MAGISTRATE JUDGES RECOMMENDATION

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 CERTIFICATE OF SERVICE

I hereby certify that on the 20th day of March 2017, I electronically filed the foregoing

Document PLAINTIFFS RESPONSE IN OPPOSITION TO MAGISTRATE JUDGES

RECOMMENDATION THAT COMPLAINT SHOULD BE DISMISSED with the Clerk of the Court using the
CM/ECF system through which a copy was served upon:

Jeffrey T. Harvey
State Bar No. 6011139
jharvey@jw.com
Matthew E. Vandenberg
State Bar No. 24079501
mvandenberg@jw.com
JACKSON WALKER L.L.P.
112 E. Pecan Street, Suite 2400
San Antonio, Texas 78205
Telephone: (214) 953-6000
Facsimile: (214) 953-5822