RAINEY’S ROTTEN-TO-THE-CORE FORMULA FOR CORRUPT JUDGES’ MEMORANDUM OPINION & ORDER

If you can sleep on a case of your choice for seven years without feeling guilty, and a TRO Motion for 11.5 months, you are qualified to use my FORMULA. Otherwise, you don’t belong to the ROTTEN-TO-THE-CORE GOLD CLUB! — SENIOR DISTRICT JUDGE JOHN DELAY RAINEY — Now, as a case in point, let’s look at USA v. CITGO, ET AL. Who can offer me the following gold bars, crowns and gems? The crime victims or the criminals? The answer is crystal clear! You just need to be cold-hearted like me so that you can be gold-hearted!

 

1. CONCLUSION: DENIAL OF ANY MOTIONS/PRAYERS FOR RELIEF

2. SEARCH FOR ANY CASELAW TO SUPPORT THE PREDETERMINED CONCLUSION.

3. SELECT ANY LAW, STATUTE, OR RULE TO SUBSTANTIATE THE MEMORANDUM OPINION & ORDER

4. DISREGARD ANY CONFLICTING CASELAW, CIVIL/CRIMINAL LAW, STATUTE, RULE, OR CONSTITUTION

Let’s examine Chen v. Cox Document 18 :: Chen v. Cox et al :: 6:2009mc00011 :: Texas … first.　

Court Description:

MEMORANDUM OPINION AND ORDER… granting 1 Pltf’s Ex Parte Motion for Permission to Continue to Proceed In Forma Pauperis, 16 Motion for Leave to Proceed In Forma Pauperis… denying 4 Pltf’s Ex Parte Motion for a Temporary Restrainin g Order and Preliminary Injunction, 9 Pltf’s Motion Objecting to South Port Alto MUD Petition, 11 Pltf’s Motion to Have All Documents in this Case Sealed, 12 Pltf’s Ex Parte Motion for Removal of Civil Rights Cases from the State Court to the District Court, 13 Pltf’s Ex Parte Motion Suggesting Voluntary Recusal of Judges Under Special Circumstances, and 2 Plaintiff’s Ex Parte Motion for a Court Appointed Attorney… Plaintiff is ORDERED to file a concise compl aint in accordance with Federal Rule of Civil Procedure 8 within 15 days after the date of this Order. If Plaintiff fails to comply with this Order, or any other order of the Court, this action shall be dismissed.(Signed by Judge John D. Rainey) Parties notified.(ltesch, )

Wait for 11.5 months for any TRO Motions. Then, grant a minor Motion as a token of appearance of impartiality, i.e., 1 Pltf’s Ex Parte Motion for Permission to Continue to Proceed In Forma Pauperis.

Wait for as long as possible. Litigants may just go away, crawl away, limp away, walk away, run away, bike away, drive away, fly away, fade away, pass away, or be carried away! Away they go, and you are home free!

You have become not only the bad apple but also the rotten apple of the United States judiciary, Rainey.

So you predetermined we should not receive any restitution from CITGO for the pain and suffering inflicted on us since 1994, didn’t you, Judge Rainey?

TO BE CONTINUED.

Paul Chen 

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to more than 70 images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

DO YOU KNOW WHY I HAVE TO TAKE YOU DOWN, JOHN DELAY RAINEY?

Your bias, prejudice, discrimination against the indigent minorities are so appalling that they have inflamed my “ETHICAL INDIGNATION!”

Here are the specific reasons why I have to take you down, Mr. Rainey:

1. You made me MAD by sleeping on my rights since the initiation of my lawsuits: a) It took you ten months to grant my April 18, 2005 application to proceed in forma pauperis; b) You dismissed my six Complaints comprising 85+ meritorious claims in V-06-78 without having the Clerk serve process pursuant to 28 U.S.C. §1915(d); c) You have never given me a day in court since April 18, 2005 despite my repeated requests for reinstatement under Rule 1-041(E)(2) of Rules Enabling Act; d) You slept on my 2 TRO Motions and others for 11.5 months without taking any action; e) You dismissed all the motions on July 12, 2010 when you were served with subpoena to testify in my Notice of Lis Pendens case (10-6-29); f) You refused to accept the subpoena by pretending to be attending a judicial conference.

2. You made me MADDER for giving CITGO only a small fine of $2 million instead of $2 billion for its ten years’ knowing and willful violations of Clean Air Act.

3. You made me MADDEST for awarding the migratory birds $45,000, but the 800+ crime victims NOTHING. They are poor Mexican Americans living in the polluted neighborhood, having had to breathe the cancer-producing benzene and having been exposed to the other toxic pollutants between 1994 and 2003, when legal actions were initiated. And you know their sufferings more than everyone else. Though you cited so many victims’ illnesses caused by CITGO’s air pollution in your 4/40/1014 ORDER, you heartlessly awarded the crime victims nothing! 

4. You never gave CITGO any punitive damages to punish it for intentional and malicious violations of Clean Air Act and to deter its future violations as well as those of other followers. As a federal judicial officer, you have failed your duty of the administration of justice! Your habit of procrastination and undue delay is despicable and unforgivable!

 

 

 

 

 

Your colleagues and victims are admonishing you, John Delay Rainey!

Unlike many of the federal employees, you have won the Rotten to the Core Academy Award!

 

***

“Don’t do the crime if you can’t do the time.” — Since CITGO can’t do the time, they should have thought twice before intentionally committing the crime. You cannot just let them get away with it. Steep fines, penalties, compensatory and punitive damages in proportion to the criminal defendant’s assets are the price to pay for the ten-year knowing, willful, and malicious criminal acts done by CITGO, a corporate entity that can’t do the time.

 

TO BE CONTINUED.

Paul Chen 

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to more than 70 images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

 

 

Rainey Violated Speedy Trial Act, Crime Victims’ Rights Act and the Constitution

The defendants have the right to a speedy trial; the victims have the right to “proceedings free from unreasonable delay.” Normally it is detrimental to the defendants when the trial is prolonged. However, in USA v. Citgo Petroleum Corporation, because of Rainey’s bias, prejudice, discrimination against the low-income, minority crime victims, and partiality, favoritism for the Multi-Billion Dollar Company, the seven-year delay of sentencing, the total denial of restituion for the victims, the violations of the Crime Victims’ Rights Act, the 1st, 5th, 6th, and 7th Amendments to the United States Constitution, among others, make the proceedings invalid and all the ORDERS/JUDGMENTS rendered in connection with the case VOID ab initio.

I urge the victims’ counsel and the Government to file a joint or separate PETITION FOR A WRIT OF MANDAMUS to have the Fifth Circuit compel Rainey to vacate all the VOID ORDERS/JUDGMENTS. Then, file another PETITION FOR REINSTATEMENT pursuant to Rule 1-041(E)(2) of Rules Enabling Act, which provides that Plaintiff “may move for reinstatement of the case,” and, “[u]pon good cause shown, the court shall reinstate the case.” Please refer to: PREPARE TO FILE A PETITION FOR WRIT OF MANDAMUS WITHOUT A LAWYER Posted on July 16, 2014.

“If a court’s decision is plainly contrary to a statute or the constitution, the court will be held to have acted without power or jurisdiction, making the judgment void for Rule 60(B) purposes, even if the court had personal and subject-matter jurisdiction. See, e.g., United States v. Indoor Cultivation Equip., 55 F.3d 1311, 1317 (7th Cir. 1995). See [PDF] 1 UNITED STATES DISTRICT COURT SOUTHERN …. Since he violated the victims’ statutory and constitutional rights, his rulings are all void, null, and without any legal force.

He had presided over the Citgo case without power or jurisdiction since August 9, 2006 when the Government filed its original ten count indictment against CITGO Petroleum Corporation, et al. He has wasted enormous judicial resources and tax payers’ money and is liable civilly and criminally. If I were one of the victims, I would sue him for violations of the victims’ civil rights under Bivens action instead of 42 U.S.C. § 1983. See Bivens v. Six Unknown Fed. Narcotics Agents :: 403 U.S ….　

TO BE CONTINUED.

Paul Chen

Rainey should have fined Citgo at least $8,070,000 for violating CAA.

Civil Judicial Penalties and Administrative Penalties 

Under the Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), and the Clean Air Act (CAA), the civil judicial penalties that can be sought for most violations will increase from $32,500 per day per violation to $37,500 per day per violation.  Administrative penalties for violations under these statutes will also increase.  For example, the $11,000 per day per violation limit (up to a total of $157,500) that can be assessed for certain violations of the CWA and SDWA will increase to $16,000 per day per violation (up to a total of $177,500).  The $270,000 limit on total administrative penalties that can be assessed for certain violations of the CAA will increase to $290,000. See EPA Increases Civil Monetary Penalty Amounts for 2009 …

$32,500 x12= $390,000×10= $3,900,000×2= $7,800,000 + $270,000 = $8,070,000 (Pre-2009 assessment)

Based upon the Civil Monetary Penalty Amounts before the 2009 increase by the EPA, Civil Judicial Penalties and Administrative Penalties assessed against Citgo should have been at least $8,070,000 plus interest, not merely $2 million.

Restitution is not included in the above penalties assessed.

Citgo’s 10-year continuing, willful, malicious violations of the Clean Air Act are subject to compensatory and punitive damages to be determined by an impartial jury panel.

Under Crime Victims’ Rights Act, the crime victims are entitled to:

• The right to full and timely restitution as provided by law.
• The right to proceedings free from unreasonable delay.

Rainey should have been constitutionally disqualified for violating the CVRA, and the 1st, 5th, 6th, and 7th Amendments to the United States Constitution, i.e., the crime victims’ right to access the courts for redress of grievances, the due process, and the criminal/civil jury trial respectively.

Rainey’s deferred restitution ruling on February 5, 2014 violated Rule 32(h): 1) without giving the parties reasonable notice that it was contemplating such a departure, i.e., $0 restitution; 2) without specifying any ground on which the court was contemplating such a departure. It also violated Rule 32(i)(4)(B): 1) without addressing the victims of the crime who were present at sentencing; 2) without permitting the victims to be reasonably heard. * The Committee Note to Rule 32(i)(4)(B) adds that “[a]bsent unusual circumstances, any victim who is present should be allowed a reasonable opportunity to speak directly to the judge.”

Instead of allowing the victims who were present a reasonable opportunity to speak directly to him, Rainey simply “stated that because of the complex issues involved with restitution, the Court would issue a written decision on the issue of restitution within 90 days.” Rainey’s conduct not only violated Rule 32(i)(4)(B) but also demonstrated his cowardice, and cold feet. He was feeling guilty of what he had determined to do in 90 days, i.e., $0 restitution. If he had predetermined to give nothing to the victims in the first place, why torture them with false hopes and delayed the announcement of the bad news for seven years after the jury’s conviction on June 27, 2007? 

Rainey’s $0 restitution was arbitrary, unreasonable, unconscionable and contrary to a statute, i.e., CVRA, and the Constitution. Thus, his MEMORANDUM OPINION & ORDER USA V. CITGO of 4/30/2014 was VOID ab initio. “If a court’s decision is plainly contrary to a statute or the constitution, the court will be held to have acted without power or jurisdiction, making the judgment void for Rule 60(B) purposes, even if the court had personal and subject-matter jurisdiction. See, e.g., United States v. Indoor Cultivation Equip., 55 F.3d 1311, 1317 (7th Cir. 1995). See [PDF] 1 UNITED STATES DISTRICT COURT SOUTHERN ….

 

TO BE CONTINUED.

Paul Chen

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 70+ images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

On February 5, 2014, Rainey violated Rule 32(h)(i)(4)(B) of Federal Rules of Criminal Procedure.

On February 5, 2014, Rainey violated Rule 32(h)(i)(4)(B) of Federal Rules of Criminal Procedure, among others. See [PDF] Federal Rules of Criminal Procedure – U.S. Courts.

On February 5, 2014, Judge John Delay Rainey deferred ruling on victim restitution and a remedial order, and would issue a written order on both issues within 90 days, according to the DOJ.

This deferred action violated Rule 32(h): 1) without giving the parties reasonable notice that it was contemplating such a departure, i.e., $0 restitution; 2) without specifying any ground on which the court was contemplating such a departure.

This deferred action also violated Rule 32(i)(4)(B): 1) without addressing the victims of the crime who were present at sentencing; 2) without permitting the victims to be reasonably heard. * The Committee Note to Rule 32(i)(4)(B) adds that “[a]bsent unusual circumstances, any victim who is present should be allowed a reasonable opportunity to speak directly to the judge.”

Instead of allowing the victims who were present a reasonable opportunity to speak directly to him, Rainey simply “stated that because of the complex issues involved with restitution, the Court would issue a written decision on the issue of restitution within 90 days.” Rainey’s conduct not only violated Rule 32(i)(4)(B) but also demonstrated his cowardice, and cold feet. He was feeling guilty of what he had determined to do in 90 days, i.e., $0 restitution. If you had predetermined to give nothing to the victims in the first place, John, why did you have to torture them with anxiety, false hopes and delayed the announcement of the deplorable bad news for seven years after the jury’s conviction on June 27, 2007? Don’t you remember all the victims’ illnesses resulting from breathing the cancer-causing benzene and being exposed to the toxic pollutants between 1994 and 2003 you cited in your purported ORDER dated 4/30/2014?

Let me copy a portion here to strike your conscience, if any:

From January 1994 to May 2003, the 800+ Citgo’s pollution crime victims breathed benzene  See Benzene poisoning: MedlinePlus Medical Encyclopedia, and were exposed to other toxic pollutants. Many developed “cancer of the brain, nose, colon, throat, prostate, breast, ovaries, and thyroid, as well as chronic lymphoma; various “heart problems,” including heart attacks, heart disease, and irregular heartbeat; chronic sinus infections and sinusitis; respiratory issues, including COPD, lung infections, asthma, bronchitis, upper respiratory infections, emphysema, pneumonia, and collapsed lung; general “stomach problems,” as well as gastroenteritis, severe diarrhea, and a flesh-eating bacterial infection leading to a hole in the abdomen; various mental health issues, including nervous breakdown, general “mental disorders”, anxiety, depression, stress, memory problems, and blackouts; lung, liver, kidney, thyroid, and eye “problems”; and nearly two dozen other health issues, including sclerma, epilepsy, chronic migraines, high blood pressure, fibromyalgia, diabetes, earaches, cysts in the breast and brain, kidney stones, hair loss, neuropathy, shingles, muscle spasms, brain tumor, cataracts, liver disease, anemia, tremors, chronic laryngitis, vocal cord “pallets”, and the inability to have children. See MEMORANDUM OPINION & ORDER USA V. CITGO 4/30/2014: PDF] 1 UNITED STATES DISTRICT COURT SOUTHERN …

 

TO BE CONTINUED.

Paul Chen

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 70+ images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

JOHN DELAY RAINEY’S LAW: NO. 2 IGNORE, IGNORE, IGNORE ANY MANDATORY DUTIES AT WILL!

John D. Rainey aka John Delay Rainey

RAINEY’S LAW: 4 BASIC STEPS TO SLEEP ON THE LITIGANTS’ RIGHTS without fail — no ifs ands or buts about it EXCEPT FOR Paul Chen’s FURY!

RAINEY’S LAW APPLIED IN MY CIVIL ACTIONS AND THAT OF USA V. CITGO PETROLEUM CORPORATION.

NO.1 DELAY: DELAY, DELAY, DELAY ANY CASE AT WILL

Delay in justice is injustice. — Walter Savage Landor (30 January 1775 – 17 September 1864) English writer and poet.

NO. 2 IGNORE: IGNORE, IGNORE, IGNORE ANY MANDATORY DUTIES AT WILL!

Beware of him that is slow to anger; for when it is long coming, it is the stronger when it comes, and the longer kept. Abused patience turns to fury. — Francis Quarles (8 May 1592 – 8 September 1644) English poet most famous for his Emblems.

Can’t you see the fury in our expressions, Judge Delay?

***************************************************************************

Let’s see how Rainey ignored his mandatory duties in my Civil Actions: 6:05-mc-02 and V-06-78, two TRO Motions and other Petitions in 6:09-mc-11 and that of 06-563 – USA v. CITGO Petroleum Corporation et al.

I. 6:05-mc-02 and V-06-78

In 6:05-mc-02 and V-06-78, he ignored his mandatory duties under 28 U.S.C. §1915(d), which provides in pertinent part: “The officers of the court shall issue and serve all process, and perform all duties in such cases.” He violated §1915(d) by unlawfully imposing the Clerk’s duty to prepare summons on me after I was granted to proceed in froma pauperis under §1915(a).

Whether Rainey was ignorant of “shall = must” or simply ignored it, he violated the statute without the clerk’s service of process and presided over the proceedings without any subject matter or personal jurisdiction.

When I requested that my complaints in V-06-78 be reinstated, in the Order of 1/15/2008 he stated: “The court will neither reinstate Plaintiff’s complaints nor grant Plaintiff a court-appointed attorney regarding this matter.”

Rule 1-041(E)(2) provides that Plaintiff “may move for reinstatement of the case,” and, “[u]pon good cause shown, the court shall reinstate the case.” Since he violated his mandatory duties under 28 U.S.C. §1915(d), the reinstatement under Rule 1-041(E)(2) of Rules Enabling Act was mandatory, not discretionary.

With respect to his denial of “a court-appointed attorney” under 1915(e)(1), which provides: “The court may request an attorney to represent any person unable to afford counsel.” The word “may” made this a discretionary act on his part. This will be discussed in RAINEY’S LAW: 3. ABUSE DISCRETION. 

II. Two TRO Motions and other Petitions in 6:09-mc-11 Chen v. Cox

By delaying the emergency TRO Motions and other Petitions for 11.5 months, on July 12, 2010 the same day he received my subpoena to testify in the NOTICES OF LIS PENDENS case (10-6-29) in Port Lavaca, he cunningly evaded the Sheriff’s service under the pretense of attending a non-existent judicial conference, and denied all the Motions and Petitions in one single Order. See Document 18 :: Chen v. Cox et al :: 6:2009mc00011 :: Texas … 

According to GUIDE TO TRO and INJUNCTIVE RELIEF IN FEDERAL COURT 6) Procedure b) New Case: i. File in Clerk’s Office; ii. Will be assigned a judge for new case  and judge for TRO; and iii. Judge will decide on brief or set hearing within two days, if needed. See [DOC] GUIDE TO TRO and INJUNCTIVE RELIEF IN FEDERAL.

Compare the “two days” with 11.5 months’ delay, shouldn’t a judge like Rainey be removed or impeached? He has been wasting taxpayers’ money by sleeping on litigants’ statutory and constitutional rights. When I sued him, his co-conspirator, Janis Graham Jack, dismissed my case (610-cv-00056 Chen v. Rainey) with prejudice claiming judicial immunity without even serving Rainey summons under 28 U.S.C. §1915(d). When I sued her, she didn’t even assign the case to another judge. She simply dismissed my COMPLAINT with prejudice. Both crooked judges were without any jurisdiction, power or authority to render VOID Orders/Judgments against me and are civilly and criminally liable for violating my constitutionally protected rights to life, liberty, or property evidenced from the voluminous court records. Furthermore, Mr. Rainey and Crooked Janis Graham Jack, having repeatedly warred against the U.S. Constitution you swore to uphold, are guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under 18 U.S. Code § 2381 – Treason, but not less than $10,000; and shall be incapable of holding any office under the United States.

This is crooked judge Janis graham jack!Is that you, Mr. Rainey? Don’t cover your face! You have no place to hide on earth!

 

As a result of equitable tolling, all my causes of action are subject to mandatory reinstatement under Rule 1-041(E)(2) of Rules Enabling Act. 

TO BE CONTINUED.

Paul Chen

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 70+ images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

RAINEY’S LAW: NO.1 DELAY 2. IGNORE MANDATORY DUTIES 3. ABUSE DISCRETION 4. DENY RELIEF OR RESTITUTION

John D. Rainey aka John Delay Rainey:

RAINEY’S LAW: 4 BASIC STEPS TO SLEEP ON THE LITIGANTS’ RIGHTS without fail — no ifs ands or buts about it EXCEPT FOR Paul Chen’s FURY!

RAINEY’S LAW APPLIED IN MY CIVIL ACTIONS AND THAT OF USA V. CITGO PETROLEUM CORPORATION.

RAINEY’S LAW: 

NO.1 DELAY: Delay, delay, delay my Civil Actions: 6:05-mc-02 and V-06-78, two TRO Motions and other Petitions in 6:09-mc-11. In 6:05-mc-02 and V-06-78, I filed six Complaints comprising 85+ meritorious claims on and after April 18, 2005.  I was granted to proceed in forma pauperis after ten months’ waiting; however, no process has ever been served by the Clerk in accordance with 28 U.S. Code § 1915(d).

Though I asked him to recuse himself, grant a three-judge district court to hear my two TRO Motions, he flatly refused my request. To protect my legal and equitable interest, I filed notices of lis pendens in the state court, which caused the defendants Anita L. Koop and David Roberts to conspire with Sheriff B.B. Browning and ADA Shannon Salyer to commit false arrest, wrongful imprisonment and malicious prosecution by citing erroneous Penal Code. On July 12, 2010, I subpoenaed him and his case manager Ms. Joyce Richards to testify at the July 15, 2010 hearing in Port Lavaca. They evaded the sheriff’s subpoena service under the pretense of attending a judicial conference. The truth will come out once he is hauled into court through the discovery process. Meanwhile, Rainey rendered the purported MEMORANDUM OPINION & ORDER on July 12, 2010, the same day, he was subpoenaed. The VOID ORDER denied all my claims in the six complaints after five years’ delay without giving me any day in court, and the two TRO Motions after 11.5 months despite my numerous telephone calls and letters addressed to Ms. Richards.

Thus, DELAY: DELAY, DELAY, DELAY ANY CASE AT WILL is Rainey Law No. 1.

“Justice delayed is justice denied!” — William E. Gladstone (British Statesman and Prime Minister (1868-1894), and the most prominent man in politics of his time, 1809-1898)

Mr. Rainey: A judicial conference is a special event, isn’t it? How many judges participated in the July 15, 2010 Conference? How come the conference room is dark and empty except for the chairs and tables? Were you really there? Which seat was yours?

Tell us the truth because “The Truth Will Set You Free!” — John 8:31-32 English Standard Version (ESV)

TRUTH PREVAILS!

 

 Where were you on July 15, 2010, Mr. Rainey?

Sleeping in the conference room wasting taxpayers’ money or sitting on my rights in your chambers?

 

TO BE CONTINUED.

Paul Chen

JOHN D. RAINEY: YOU HAVE REPEATEDLY DENIED OUR CONSTITUITIONAL RIGHT TO LIFE, LIBERTY OR PROPERTY!

WE THE PEOPLE are protected by The Bill of Rights and the other amendments to the United States Constitution.

Mr. Rainey: You are supposed to follow the rules!

But you have made your own rules again and again!

Luke 18:25 – For it is easier for a camel to go through a needle’s eye, than for a rich man to enter into the kingdom of God.

I would say: It is easier for a camel to go through a needle’s eye than for a corrupt judge like Rainey to enter into the kingdom of God.

You applied the wrong laws to the facts. We have the right to challenge your erroneous rulings and have them VOIDED.

Like Pres. Obama, you said: “I do solemnly swear (or affirm), that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me, according to the best of my abilities and understanding, agreeably to the Constitution, and laws of the United States. So help me God.” — You didn’t do equal right to the poor, particularly us, the crime victims, and to the rich, Citgo and other big businesses, did you?

It does not require a man of wisdom to tell right from wrong, just from unjust, fair from unfair.

Your callous, arbitrary and unreasonable handling of my Civil Actions: 6:05-mc-02 and V-06-78, two TRO Motions and other Petitions in 6:09-mc-11 and that of 06-563 – USA v. CITGO Petroleum Corporation et al can be attacked at any time in any proceedings because all your orders are VOID ab initio and [There is no time limit within which to file a motion to vacate a void order or judgment. 735 ILCS 5/2-1401(f); People v. Wade, 116 Ill.2d 1, 506 N.E.2d 954 (1987) (“A void judgment may be attacked at any time, either directly or collaterally.”); In re Marriage of Macino, 236 Ill.App.3d 886 (1992) (“if the order is void, it may be attacked at any time in any proceeding, “).] See JUDGES JOHN D. RAINEY AND JANIS GRAHAM JACK: A GREAT BODY OF CASE LAW CLEARLY SHOWS YOUR POWER AND DUTY TO VACATE THE VOID ORDERS/JUDGMENTS YOU RENDERED ILLEGALLY.

 Cancer and other illnesses have been rampant in the Citgo neighborhood for years!

My brother and I were lucky enough to have an early “medical screening”, and the doctor detected tumors in our lungs before they spread! Why did you refuse to have Citgo pay for our $250 annual screening expenses, Judge Rainey? Why?

 My wife has died of breast cancer!

It is true that there may be a variety of risk factors; it is also true that she was exposed to Citgo’s toxic fumes between 1994 and 2003. How can you rule out the long-term effects of the Cancer-producing Benzene and other toxic pollutants on Citgo’s neighboring residents like us, Judge Rainey?

Your callous, arbitrary and unreasonable handling of my Civil Actions: 6:05-mc-02 and V-06-78, two TRO Motions and other Petitions in 6:09-mc-11 and that of 06-563 – USA v. CITGO Petroleum Corporation et al can be attacked at any time in any proceedings because all your orders are VOID ab initio and [There is no time limit within which to file a motion to vacate a void order or judgment. 735 ILCS 5/2-1401(f); People v. Wade, 116 Ill.2d 1, 506 N.E.2d 954 (1987) (“A void judgment may be attacked at any time, either directly or collaterally.”); In re Marriage of Macino, 236 Ill.App.3d 886 (1992) (“if the order is void, it may be attacked at any time in any proceeding, “).] See JUDGES JOHN D. RAINEY AND JANIS GRAHAM JACK: A GREAT BODY OF CASE LAW CLEARLY SHOWS YOUR POWER AND DUTY TO VACATE THE VOID ORDERS/JUDGMENTS YOU RENDERED ILLEGALLY.

Mr. Rainey: On April 30, 2014, you cunningly banged the gavel for the $1.8 billion bucks, didn’t you?

 

TO BE CONTINUED.

Paul Chen

 

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 82 images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

Stop judging by mere appearances, but instead judge correctly, John!

A Message From God: A Few Words of Advice to John D. Rainey, My Prodigal Son New International Version Stop judging by mere appearances, but instead judge correctly. New Living Translation Look beneath the surface so you can judge correctly. ◄ John 7:24 ►     We are all cancer patients! I lost my wife to lung cancer. My son lost his mom!  Thelma Morgan sitting by her husband’s death bed! ********************************************************************************** “Even though they discovered the problem two months after installing, they knowingly disregarded safety and as a result emitted benzene, a known carcinogen, into the air, at the serious health risk of those in the community.” See Judge rules Citgo Petroleum owes victims nothing after 10 years of criminal pollution. This is intentional violation of the Clean Air Act. The victims are entitled to not only compensatory damages but also punitive damages to punish and deter the criminals for their reprehensible behavior. After the  jury’s conviction on June 27, 2007, the low income minorities have waited for seven years with an expectation of being made whole for their economic and non-economic losses.  Instead, “after a lengthy legal battle, nearby residents finally found out how much restitution they were to receive … NOTHING. Nada. Zip.” From January 1994 to May 2003, the 800+ Citgo’s pollution crime victims breathed benzene  See Benzene poisoning: MedlinePlus Medical Encyclopedia, and were exposed to other toxic pollutants. Many developed “cancer of the brain, nose, colon, throat, prostate, breast, ovaries, and thyroid, as well as chronic lymphoma; various “heart problems,” including heart attacks, heart disease, and irregular heartbeat; chronic sinus infections and sinusitis; respiratory issues, including COPD, lung infections, asthma, bronchitis, upper respiratory infections, emphysema, pneumonia, and collapsed lung; general “stomach problems,” as well as gastroenteritis, severe diarrhea, and a flesh-eating bacterial infection leading to a hole in the abdomen; various mental health issues, including nervous breakdown, general “mental disorders”, anxiety, depression, stress, memory problems, and blackouts; lung, liver, kidney, thyroid, and eye “problems”; and nearly two dozen other health issues, including sclerma, epilepsy, chronic migraines, high blood pressure, fibromyalgia, diabetes, earaches, cysts in the breast and brain, kidney stones, hair loss, neuropathy, shingles, muscle spasms, brain tumor, cataracts, liver disease, anemia, tremors, chronic laryngitis, vocal cord “pallets”, and the inability to have children. See MEMORANDUM OPINION & ORDER USA V. CITGO 4/30/2014: [PDF] 1 UNITED STATES DISTRICT COURT SOUTHERN … Rainey Violated the Judicial Process Article III of the Constitution of the United States guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one’s peers. Citgo, having corporate personhood in the United States, is recognized as an individual in the eyes of the law. It can sue or be sued in court in the same way as natural persons. Having been accused of air pollution, it had the right to a fair trial before a competent judge and a jury of one’s peers. Unfortunately, a fair trial was only fair to the defendant but unfair to the crime victims. And the case was before an incompetent judge, though it was before an impartial jury. The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime. These include: A guarantee that no person shall be deprived of life, liberty, or property without the due process of law. Rainey violated this guarantee to the crime victims, and deprived them of lives, liberty, or property without the due process of law.   In the MEMORANDUM OPINION & ORDER of 06-563 – USA v. CITGO Petroleum Corporation et al, despite his violations of Crime Victims Act and the due process clause of the Fifth Amendment to the Constitution, he unlawfully rendered a VOID Order seven years after the jury’s conviction of Citgo’s air pollution crimes. Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. In my cases, Rainey slept on my two TRO Motions for 11.5 months and denied all my July 12, 2010 without ever giving me a day in court, not to mention the denial of my demand for a jury trial. In his MEMORANDUM OPINION & ORDER, his law clerk tried to help him cover up his crimes in violating 28 U.S. Code § 1915(d), and Rule 1-041(E)(2) of Rules Enabling Act with a lot of irrelevant arguments. Document 18 :: Chen v. Cox et al :: 6:2009mc00011 :: Texas … The courts only try actual cases and controversies — a party must show that it has been harmed in order to bring suit in court. Since 4/18/2005, I have filed six complaints in Civil Actions: 6:05-mc-02 and V-06-78, two TRO Motions and other Petitions in 6:09-mc-11. Rainey was assigned the cases, but he never had the Clerk serve process pursuant to 28 U.S. Code § 1915(d), and denied my petitions for reinstatement under Rule 1-041(E)(2) of Rules Enabling Act. Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate. By design, this insulates them from the temporary passions of the public, and allows them to apply the law with only justice in mind, and not electoral or political concerns. Rainey’s misconduct is ripe for the House impeachment by the Senate conviction. He was allowed to apply the law with only justice in mind; however, his interpretation of “JUSTICE IS BLIND” is that it turned a blind eye to the rights of the poor and non-whites. The right to a speedy trial by an impartial jury. — The criminal trial was in compliance with this guarantee. However, Rainey unlawfully overturned the guilty verdict by awarding $0 restitution to the crime victims, who showed at least the above-listed illnesses resulting from breathing the toxic air since 1994 when Citgo installed the two tanks without covers, and knowingly concealed the environmental violations for ten years. The above post is partly derived from The Judicial Process The Judicial Branch | The White House http://www.whitehouse.gov › Our Government.   TO BE CONTINUED. Paul Chen   * Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 82 images linking to my BLOG. Have these given you sleepless nights, Skipper and John?

CITGO’S CRIME VICTIMS DEMONSTRATED SEVERAL TYPES OF CANCER, AMONG OTHER ILLNESSES.

John D. Rainey DENIED even $80,900.00 in restitution ($250 per year) for “necessary medical screening”!!!

 

Thank you all for being behind us, but the judge who has the power to help us turned us down, let us down, and gavel us down!

“The Community Members and other individuals submitting victim impact statements have identified the following illnesses and other medical conditions from which they claim they have suffered (or currently suffer) as a result of CITGO’s crimes: several types of cancer, including cancer of the brain, nose, colon, throat, prostate, breast, ovaries, and thyroid, as well as chronic lymphoma; various “heart problems,” including heart attacks, heart disease, and irregular heartbeat; chronic sinus infections and sinusitis; respiratory issues, including COPD, lung infections, asthma, bronchitis, upper respiratory infections, emphysema, pneumonia, and collapsed lung; general “stomach problems,” as well as gastroenteritis, severe diarrhea, and a flesh-eating bacterial infection leading to a hole in the abdomen; various mental health issues, including nervous breakdown, general “mental disorders”, anxiety, depression, stress, memory problems, and blackouts; lung, liver, kidney, thyroid, and eye “problems”; and nearly two dozen other health issues, including sclerma, epilepsy, chronic migraines, high blood pressure, fibromyalgia, diabetes, earaches, cysts in the breast and brain, kidney stones, hair loss, neuropathy, shingles, muscle spasms, brain tumor, cataracts, liver disease, anemia, tremors, chronic laryngitis, vocal cord “pallets”, and the inability to have children.”

Determining whether these or any other illnesses the 800+ victims may develop 5, 10, 20, or even 30 years from now were proximately caused by exposure to Tanks 116 and 117 would require that the Court examine medical records; hear testimony by experts regarding chemical exposure, causation, and loss calculations; and allow CITGO to cross-examine each individual seeking a payout to determine whether emissions from Tanks 116 and 117 between January 1994 and May 2003 caused the loss—effectively turning each request for a payout into a mini personal injury case.

This “could easily extend the sentencing phase longer than any trial and would require complex—and to some inevitable extent, speculative—calculation.” BP Products, 610 F. Supp. at 700–01.

As such, the Court finds that the “magnitude of expected future harm can[not] be reasonably estimated” and that the “complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution” for future medical expenses “outweighs the need to provide restitution to any victims.” See 18 U.S.C. § 3663(a)(1)(B)(ii); U.S.S.G. §8B1.2(b). The Community Members’ request for a remedial order directing CITGO to create a trust fund in the amount of $11,000,000.00 to cover future medical expenses is therefore DENIED. Quoted from Rainey’s 4/30/2014 MEMORANDUM OPINION & ORDER.

The Community Members first ask for $80,900.00 in restitution for “necessary medical screening”, explaining that they were exposed to what the Government has called a “chemical cocktail” from Tanks 116 and 117 and therefore need to monitor their health. According to the Case 2:06-cr-00563 Document 962 Filed in TXSD on 04/30/14 Page 7 of 20 Community Members, annual medical screening is necessary to allay their fears that they may suffer from cancer or other diseases because CITGO placed them criminally at risk, and the fact that the identity of the chemicals to which they were exposed is unknown further exacerbates this need.

Restitution is permissible for “necessary medical and related professional services” where a criminal offense results in “bodily injury to a victim”. 18 U.S.C. § 3663(b)(2)(A). Assuming the short-term health effects suffered by the Community Members and other similarly-situated victims constitute “bodily injury” under the statute, before ordering restitution for medical monitoring, the Court must determine whether medical monitoring is necessary for each person making such a request, as well as the cost of such screening.

The Parties have had ample time to present such evidence to the Court, and to allow them even more time to do so would unduly delay the sentencing process. The Court further finds that the “complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution” for medical monitoring “outweighs the need to provide restitution to any victims.” See 18 U.S.C. § 3663(a)(1)(B)(ii). The Community Members’ request for $80,900.00 in restitution for “necessary medical screening” is therefore DENIED.

Despite their testimonies under oath in open court, you denied every request for restitution they deserve. How could you even turn down their minimum request for annual medical checkup and/or screening for $250.00?

Your denial is inexcusable in that it was John D. Rainey, who slept on these crime victims’ rights by delaying the sentencing for seven years after the jury’s guilty verdict rendered on June 27, 2007.

If you cannot handle a case like this, how can you handle class actions involving thousands of victims?

According to your argument, in all class actions, the Courts would find that the “complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution” for compensatory and punitive damages “outweighs the need to provide restitution to any victims.”

As a federal judge, your ignorance, ineptness, incompetence, maliciousness, insensitivity, and deliberate indifference to the crime victims’ rights have made you the laughingstock of the whole world! 

 

TO BE CONTINUED.

Paul Chen

* Click Images for judge skipper koetter’s corruption, and you will see 12 photos. Click any one of them,  wait awhile, and it will take you to 82 images linking to my BLOG. Have these given you sleepless nights, Skipper and John?