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!

 

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“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?

 

 

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?