Case: 17-1381 Document: 00117319424 Page: 1 Date Filed: 07/29/2018 Entry ID: 6186809

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

MOHAN A. HARIHAR, )
)
Plaintiff/Appellant, )
) Case No. 17-1381
v. )
)
US BANK, et al )
)
Defendants/Appellees. )

APPELLANT MOTION FOR RECUSAL/REMOVAL OF INFERIOR/DISQUALIFIED

CIRCUIT JUDGES – CHIEF JUDGE JEFFREY R. HOWARD AND
CIRCUIT JUDGE O. ROGERIEE THOMPSON

The Appellant – MOHAN A. HARIHAR, acting pro se, respectfully files this MOTION,

following the Court’s July 26, 2018 NOTICE1, which informed the parties of: (1) a newly

assigned Circuit panel of judges; and (2) pursuant to Fed. R. App. P. 34(b), that the case will be

submitted on the briefs without oral argument. The Appellant objects to both the panel selection

(at least in part) and a pre-mature submission without oral argument, as a number of critical (new

and previously identified) issues remain:

I. Two (2) of Three (3) Circuit Judges Assigned to Panel are Inferior/ Disqualified

On July 26, 2018, the Court’s NOTICE, delivered to ALL parties via E-mail communication,

identified the NEW panel of Circuit Judges as: (1) Chief Judge Jeffrey R. Howard; (2)

1
See Exhibit 1
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Circuit Judge O. Rogeriee Thompson; and (3) Circuit Judge Kermit V. Lipez.

HOWEVER, based on the historical record of this litigation, BOTH Chief Judge Howard

AND Judge Thompson are considered as INFERIOR JUDGES – having been previously

DISQUALIFIED to rule in this, or any related litigation. The Appellant has clearly

evidenced as part of the record, numerous judicial infractions indicating (at minimum): (1) a

failure to show impartiality; (2) a failure to uphold Federal Law(s) and their judicial

oath; and (3) a CONTINUED PATTERN OF CORRUPT CONDUCT revealing an

intention to further harm the Appellant, and collectively this Nation. As a respectful

reminder, this Court has recently VACATED the judgment associated with this Appeal based

on the RECUSAL of Judge Barron AND this PARTIAL LIST of judicial infractions by

referenced Federal Judges:

A. Continued REFUSAL to address/clarify JURISDICTION issues2;

B. Refusing to clarify referenced Judgments;

C. Refusing to clarify the referenced Mandate;

D. Refusal(s) to RECUSE (other than those already recognized);

E. Continuing to issue orders after LOSING JURISDICTION - EACH constituting

acts of TREASON under ARTICLE III, Section 3 of the Constitution;

F. Refusing to address OR EVEN ACKNOWLEDGE: a.) the Appellant’s

Intellectual Property (IP) Rights, b.) Evidenced ECONOMIC ESPIONAGE

claims pursuant to 18 U.S.C. § 1832 and c.) matters believed to impact National

Security;

2
The record shows that the Appellant has filed over FIFTY (50) + court documents which raise
a JURISDICTION issue, ALL of which have been IGNORED by referenced Federal (District
and Circuit) Judges.
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G. Refusing to exercise judicial discretion by wrongfully denying or unnecessarily

delaying WITHOUT VALID CAUSE - repeated requests for the Court to assist with

the Appointment of Counsel pursuant to 28 U.S.C. §1915;

H. Refusing to address the EVIDENCED and UNOPPOSED FRAUD on the COURT

claims under Fed. R. Civ. P. 60(b)(3);

I. Refusing to address evidenced UNOPPOSED claims of JUDICIAL FRAUD on the

COURT, pursuant to Fed. R. Civ. P. 60(b)(3) and clear violations to the Judicial

Code of Conduct and Judicial Oath;

J. Refusing to address identified DUE PROCESS VIOLATIONS, including (but not

limited to) refusing a TRIAL BY JURY;

K. Ignoring requests for a GRAND JURY;

L. Refusing to address the clearly evidenced IMBALANCE OF HARDSHIPS;

M. Refusing to address Title 18, U.S.C., Section 242 Deprivation of Rights Under

Color of Law;

N. Refusing to address Title 18, U.S.C., Section 241 Conspiracy Against Rights;

O. Refusing to address Title 18, U.S.C., Section 1001 Fraud and False Statements;

P. Refusing to address Title 42 Sec. 1983, Civil action for Deprivation of Rights;

Q. Refusing to address the Plaintiff’s/Appellant’s REPEATED concerns for his

personal SAFETY AND SECURITY;

R. Refusing to promptly reimburse accruing Legal (and other) Fees due to the Appellant,

as stated within the record;

S. Refusing to address DEMAND(S) for CLARIFICATION HEARINGS, with the

presence of an INDEPENDENT COURT REPORTER;

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T. Failing to address evidenced argument(s) as FACT – PRIOR to moving to

DISCOVERY and PREMATURELY moving for Dismissal.

Please be advised, a thorough review of the record will show that neither Chief Judge

Howard nor Judge Thompson have DENIED or REFUTED a single one (1) of the claims

listed above. It remains unclear as to HOW this Court could possibly have approved the

selection of this panel, considering its recent ACKNOWLEDGMENT of JURISDICTION

and list of other extraordinary issues.

THEREFORE, the Appellant calls for Chief Judge Howard and Judge Thompson to

RECUSE themselves; and for the Court to re-assign/replace the panel vacancies with Circuit

Judges who are considered to have jurisdiction (if applicable). As a matter of record, the

Appellant has now brought EVIDENCED claims of judicial misconduct against TEN (10)

Federal (District and Circuit) judges associated with this litigation – IN FULL PUBLIC

VIEW. SIX (6) out of TEN (10) First Circuit Judges are considered WITHOUT

JURISDICTION and are DISQUALIFIED to rule in this, or ANY related litigation: (1)

Chief Judge Jeffrey R. Howard; (2) Circuit Judge Juan R. Torruella (RECUSED)3; (3)

Circuit Judge Sandra L. Lynch (RECUSED)4; (4) Circuit Judge O. Rogeriee Thompson;

(5) Circuit Judge William J. Kayatta (RECUSED), Jr.; (6) Circuit Judge David J.

Barron (RECUSED). Please be advised, the Appellant has previously requested and is still

3
Following the recusal of Judge David Barron, Judges Torruella and Kayatta
removed/recused from the initial panel for reasons which include (but are not limited to) the
list of extraordinary circumstances listed above.
4
The record shows that Judge Lynch was previously RECUSED by Chief Judge Howard for
reasons UNKNOWN.
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waiting for additional details and DISCLOSURES regarding the IMPROPER FINANCIAL

RELATIONSHIP between Judge Barron and the Appellee – WELLS FARGO. It is also

unclear as to whether additional and/or similar improper relationships exist within this First

Circuit Judiciary. The current re-assignment of this panel continues to critically damage the

INTEGRITY of this Circuit. If left uncorrected, the Appellant will show further cause to: (1)

Transfer this Appeal to another Circuit with jurisdiction; or (2) Considering the severity

of issues (including the perceived impact to National Security), transfer to a

Congressional panel.

II. Two (2) of Three (3) Circuit Judges are DEFENDANTS in a Separate, Civil Complaint

filed by the Appellant – MOHAN A. HARIHAR (PLAINTIFF)

This Court is aware that there is related (Federal) litigation, aside from this Appeal:

A. HARIHAR v. THE UNITED STATES, Appeal No. 17-2074 (Lower Court

Docket No. 17-cv-11109); and

B. HARIHAR v. CHIEF JUDGE JEFFREY R. HOWARD, et al, Docket No. 18-cv-

11134.

CLEARLY, there exists a CONFLICT OF INTEREST when TWO (2) of the newly

assigned panel judges (Chief Judge Howard and Judge Thompson) are DEFENDANTS

in a separate lawsuit brought by the Appellant/Plaintiff – MOHAN A. HARIHAR. The

Appellant requests for clarification as to HOW this conflict could possibly have been

overlooked.

III. Two (2) of Three Circuit Judges Stand Accused of TREASON Under ARTICLE III

This Court (and the AMERICAN PUBLIC) is well aware that as a matter of record,

evidenced TREASON claims have now been brought against SEVEN (7) Federal (District
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and Circuit) Judges for RULING WITHOUT JURISDICTION. These accused officers of

the Court include Chief Judge Jeffrey R. Howard and Judge O. Rogeriee Thompson.

NOT ONE (1) accused officer of the Court has denied a single Treason claim, and

POTUS has been regularly copied on ALL Court filings (as is required by Federal Law)

since the evidenced Discovery of Treason claims in August 2015.

IV. Two (2) of Three (3) Circuit Judges have CRIMINAL COMPLAINTS Filed with the

FBI against them.

The evidenced Treason and other serious criminal claims alleged against Chief Judge

Howard and Judge Thompson have shown cause for the Appellant to file Criminal

Complaints with the FBI and the DOJ. CLEARLY, this contributes further to a

CONFLICT OF INTEREST in being assigned as a panel member to this Appeal.

V. CONTINUED JURISDICTION ISSUES

The record shows that the Appellant has filed well over FIFTY (50) + court documents

which raise a JURISDICTION issue(s), ALL of which have been IGNORED by

referenced Federal (District and Circuit) Judges. The referenced July 26, 2018 email

communication and NOTICE issued by the Court signifies that JURISDICTION STILL

HAS NOT BEEN RE-ESTABLISHED. It remains UNCLEAR as to whether this First

Circuit can legally re-establish jurisdiction. Ignoring jurisdiction issues (at minimum) shows

cause to transfer this Appeal to another Circuit.

VI. Remaining Circuit Judges WITH Jurisdiction

The remaining Circuit Judges who MAY be considered to still have jurisdiction here are

believed to include: (1) Circuit Judge Bruce M. Selya; (2) Circuit Judge Michael Boudin;

(3) Circuit Judge Norman H. Stahl; and (4) Circuit Judge Kermit V. Lipez. After the
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recusal/removal of Chief Judge Howard and Judge Thompson, the Appellant believes that the

list of Circuit Judges (above) are the ONLY REMAINING First Circuit Judges who MAY

be legally eligible to serve on a panel in this Appeal. With the filing of this Motion, the

Appellant respectfully calls for the Court to clarify for the record the selection process for its

assignment of Circuit Judges.

VII. DEMAND for INJUNCTION

The July 26, 2018 Notice issued by the Clerk of the Court – Margaret Carter, states the

following,

“This is to advise you, pursuant to Fed. R. App. P. 34(b), that this case will be submitted on

the briefs without oral argument.”

It would appear (at least on its surface) that in addition to jurisdiction issues, an effort is

being made by this First Circuit Court to IGNORE the Appellant’s motion(s) for an

Injunction and issues associated with recently vacated orders. As previously stated, the

Appellant respectfully calls for a new panel (with jurisdiction) to address these legal matters

PRIOR to moving forward with this Appeal. Since the Appellant IS NOT a legal expert and

has NO LEGAL background, one of the first issues to address (once jurisdiction has been

established) is ASSISTING MR. HARIHAR with the APPOINTMENT of COUNSEL

pursuant to 28 U.S.C. §1915 and re-establishing a BALANCE OF HARDSHIPS.

Finally, the Appellant reminds the Court of his filed response to the July 17, 2018 order, which

included a GOOD FAITH OPPORTUNITY to REACH AGREEMENT with ALL

PARTIES. The Appellant respectfully expects a documented ANSWER from ALL Appellees

NO LATER THAN this Friday, August 3, 2018.

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For documentation purposes, after sending a copy of this RESPONSE to the attention of

POTUS, confirmation of its receipt is attached (See Exhibit 2) with the filed Court copy. A

copy will also be made available to the FBI, DOJ, OIG, Congress and to the PUBLIC out of

the Appellant’s continued concerns for his personal safety and security. If there is a question

regarding ANY portion of this motion, the Appellant is happy to provide additional supporting

information upon request.

Respectfully submitted this 29th Day of July, 2018.

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
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Exhibit 1
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Exhibit 2
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CERTIFICATE OF SERVICE

I hereby certify that on July 29, 2018 I electronically filed the foregoing with the Clerk of Court
using the CM/ECF System, which will send notice of such filing to the following registered
CM/ECF users:

Jeffrey B. Loeb
David Glod
David E. Fialkow
Kevin Patrick Polansky
Matthew T. Murphy
Kurt R. McHugh
Jesse M. Boodoo

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com