Now the Court Clerk comes to rescue Attoreny General Kamala Harris

The Ninth Circuit Court Clerk, arbitrarily and capriciously, order’s himself to strikes plaintiff’s Legal Brief since Attorney General Kamala Harri’s Legal team ‘ran out’ of legal arguments. 

Legal Brief

The Department of Motor Vehicles (DMV) arbitrarily suspended plaintiff's Driving License; Then denied a Notice of Accusations and a hearing before a Judge. Plaintiff filed a supplementary Brief before the Ninth Circuit Court of Appeals. The legal arguments in the brief are so persuasive that plaintiff will prevail as soon as it is heard by the Judge. Since Kamala legal team cannot present any arguments in opposition so she finds another proxy this time, the Clerk of the 9^th Circuit Court of Appeals. Effectively, the court Clerk issued summary judgment for Kamala Harris without any hearing by any judge.

An image of Clerk's Order

Fundamental Requirements Due Process Clause(s)  

One of the primary questions in the opening brief is whether there is a Right to hearing before a Judge on suspension of Driving License. In her ‘Legal Arguments’ Kamala Harris previously denied Right to hearing before a Judge. So the second question came in the Supplementary Brief whether people even have a Right to get a simple Notice of accusations on suspension of Driving License?

Troubling Questions

The Legal Brief is properly submitted before United States Judge(s) and only Judge(s) are authorized to rule on the legal brief not a clerk. A clerk’s arbitrary and capricious order to himself striking Legal Brief raises further troubling questions.  

1) Did the Ninth Circuit Court clerk simply denied Article III Constitutional Right to be heard by a United States Judge?   
2) Who authorized the Clerk to strike legal brief without any cause?

 

What's in it for everyone 

If the DMV suspends your Driving License without any Notice and without any hearing, How can you restore Driving Licenses? In the absence of Driving License, How can you go to work or school or church? 

Dear Clerk, do you even care?

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Links to key Articles and Legal Documents

Link - Summary of Supplementary Brief  

Link - Supplementary Brief (Plaintiff' Supplementary Brief - Docket #21) 

Link (Summary of Case)- Appeal filed in the Ninth Circuit Court of Appeals

Link - Motion to Strike unsigned order of Driving License suspension unlawful

Civil Rights Organizations, Attorneys, interested parties,
Please contact for inquiries or for participation.

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The DMV secretly files accusations on Driving License records without any Notice...

In this case, the DMV secretly filed accusations on Driving License records, without any Notice of accusations to the licensee. Such accusations on the driving license report benefit auto insurance companies as they can charge more for auto insurance. 
California's licensing agencies are taking away people Rights even without the bare minimum requirements of the Due Process. No notice of accusations, no need for hearing.

What is Due Process

The United States Judges have repeatedly offered guidelines on the definition of the Due Process. The bare minimum requirement of the Due Process are a Notice and opportunity for hearing as noted the Supreme Court. For example

Many controversies have raged about the cryptic and abstract words of the Due Process Clause but there can be no doubt that at a minimum they require that deprivation of life, liberty or property by adjudication be preceded by notice and opportunity for hearing appropriate to the nature of the case. Mullane, Special Guardian, v. Central Hanover Bank & Trust Co., Trustee, et al. 339 U.S. 306 (1950)

The purpose of the Due Process is to promote Access to Justice and to prevent undue injury to American people especially by the State agencies. Although the Due Process does not guarantee Justice it does offer a possibility of Justice. 

In wild west culture, the rogue cartels, held meeting in a room next to a bar, without any Notice to the other party, and issued orders to take away people's Right. People could not contest the accusations because they did not even know about the secret accusations. 

Legal Question before Ninth Circuit Court of Appeals

The DMV filed an additional accusation of “Lack of Knowledge or skill” on
plaintiff’s driving license records without his knowledge. The DMV made those
records available to public and to auto insurance corporations without any
Notice to plaintiff.
Does the DMV has a mandatory duty, in order to satisfy the Due Process
Clause(s), to issue a written Notice to plaintiff?

Link - Supplementary Brief 
(Ninth Circuit Case Number: 14-16858, Plaintiff' Supplementary Brief - Docket #21- Rehan Sheikh v Brian Kelly) 

Previous articles on this case - Driving License Suspension 
Link - Motion to Strike unsigned order of Driving License suspension unlawful

Link - Appeal filed in the Ninth Circuit Court of Appeals

Civil Rights Organizations, Attorneys, interested parties,
Please contact for inquiries or participation.

================
Protection of Public or violation of Rights ...?

www.PhysicianForFairness.com

facebook.com/PhysiciansForFairness

twitter.com/rehan_sheikh

Can an Anonymous Order deprive American People of their Driving License?

In the United States, this is understood, that People are entitled to Protection of life, Liberty and Pursuit of happiness. Our Rights are embodied in our licenses; for example Our Right to travel, Right to work, pursuit of happiness depends on our driving license(s). The Rights of American people cannot be taken away without constitutionally mandated procedures in order to reduce the risk of erroneous deprivation. 

 

California issued an anonymous and unsigned letters to suspend a driving license in 2011... The DMV never sent any notification prior to that order of suspension. Since the suspension, the DMV denied all requests to renew the driving license and denied all requests for a hearing before their own judge.

Motion Pending before the Ninth Circuit Court of Appeals

Procedural due process is required in those instances where a person stands to see significant interference with his property rights or his liberty rights. The history of liberty has largely been the history of observance of procedural safeguards. Previously the United States Judge has declared that an unsigned order is not effective as an order and the Judge rely on the precedence. The California Driver filed a Motion to declare an anonymous & unsigned order, an unlawful order. 

(Ninth Circuit Case Number : 14-16858, Docket #20- Rehan Sheikh v Brian Kelly)

Link to Motion

Link to Appeal filed in the Ninth Circuit Court of Appeals

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Protection of Public or violation of Rights ...?

www.PhysicianForFairness.com

facebook.com/PhysiciansForFairness

twitter.com/rehan_sheikh