Comments that are not specific to a certain post should go here, for the month of December 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
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Hello, all
In Indiana, I’m allowed to petition to get off the registry after having been on it for 10 years incident free. I’ve started working on a petition and was wondering if I could find someone who has made a petition in the past so they can critique what I have written. I would send my petition to them via email if possible. The petition basically tells of my history under the registry and the problems my family has faced while I’ve been on it.
Does anyone know if the California CoR will be grandfathered to allow RC’s to use it to get off the registry after the tier bill takes effect? I’m thinking something similar to how if you were convicted of CP prior to 2014, you can still have it reduced and expunged despite the fact that CP convictions were moved to the NO list for those convicted in 2014 on.
I know that technically the CoR remains unchanged and it’s the language of 290.5 that’s being amended to no longer interact with the CoR. But I think you understand what I mean with my question. Thanks!
Just want to comment on our Disneyland trip. No problems what so ever. My wife booked the RV resort in Anaheim, about a mile away from the park, she also booked a three day pass for both of us on line. They did take everyone’s picture, but it wasn’t a problem. We had a great time, looking forward to going back next year!
Just checking on any changes to the new law for 290 before the Jan 1 , 2020 date? Anything new for a 288(a) attempt? Has anyone ever tried to get an offense overturned due to the fact it was the result of a police sting? I see that the cops got in trouble in the masturbating request and how is that so different from a sting with a cop losing as an under age girl / boy?
Allowed to petition the court for removals or for your constitutional liberties. Man that really irks me when o hear anyone concede they have to have permission to file a petition in “OUR” COURTS.
Wait Mot, how is it the same in anyway? I want to hear your logic.
@AlexO, yes they wanted my full name and I am on the list, 30 years of the old ball and chain coming up in 2018!!
My favorite judge. This would be a huge loss were he to lose his job. I guess there is no chance of him being appointed to SCOTUS, now.
“Prominent appeals court Judge Alex Kozinski accused of sexual misconduct”
https://www.washingtonpost.com/world/national-security/prominent-appeals-court-judge-alex-kozinski-accused-of-sexual-misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.ce04d36ff53e
My sister who’s in SoCal sent a poster/email that’s been going around about a Hispanic male going around randomly grabbing and assaulting/sexually assaulting random people. The description matches another one that her neighbor got via email. Not sure if this is a serial case or what but it seems to be at random when people are walking alone.
You are making some fine points New Person. I never thought about that angle. People that fall for this permission to petition the court are being subjected to a second hearing without a trial for the same crime. You are absolutely correct. There are so many things wrong with the “permission” to file a petition but your thinking outside the box just hit on another MAJOR issue. It is so obvious I didn’t even see it until you mentioned it. WOW. Brilliant….I think I will wait to amend my complaint to include a double jeopardy issue until after this first hearing just so t doesn’t cloud up my other arguments and until I find out if I need to even mention the tiered system yet….That’s great thinking though…….
Blue Bloods season 8 episode 9 (2 weeks ago). Interesting take on a “reformed sex offender.” I just loved hearing Tom Selleck say, “If the guy’s done his time, you gotta leave him alone!” But in the end, they could have gone MUCH further to portray our lives correctly.
Help!!!!Hey, I cannot find a timeline to file my opposition to the motion to dismiss. I am in CA so if anyone can help please do. If I am past the time line please see how or if I may proceed with the motion anyways.
Thanks man. I have this last week of finals at school the I can concentrate solely on my case.
They filed their motion to dismiss on Nov. 27…….This is where a attorney would be helpful..Hint Hint………..Hmmm where could I find one of those that would help with technicalities like this without providing legal advise…..
Think it’s a good idea to make an article about the various clichés that are being used against registered citizens, and learning how to refute them?
Thanks One Day…See even the simplest of questions and answers matter. I didn’t even think about that……Hopefully they will answer all my questions like that……
Here’s my opener…Feel free to jump in.
TO DEFENDANT:
I the Plaintiff, Michael Richardson, do oppose the motion to dismiss filed by defendant Xavier Beccera. Plaintiff’s complaint alleges more than enough evidence to maintain a claim against the defendant and to establish that this court has subject matter jurisdiction over all claims stated in plaintiff’s original complaint and that plaintiff has provided more than enough evidence to state a claim in every instance for which relief should be granted. All claims arise out of Defendant’s actions in his official capacity. The Attorney General of California is the State Attorney General of California. The officer’s duty is to ensure that “the laws of the state are uniformly and adequately enforced” (California Constitution, Article V, Section 13.) The Attorney General carries out the responsibilities of the office through the California Department of Justice. It is the California Department Justice (DOJ) who maintains and enforces the State Megan’s Law website. The California DOJ also enforces all the California sex offender registration laws and has complete jurisdiction/authority over the associated data base. Therefore the court does have subject matter jurisdiction in all Plaintiffs’ state claims.
Furthermore, California DOJ is the Gatekeeper of the California registry and they participate in sending that list to the Federal Government and to other states for the sole purpose of whatever actions or restrictions the Federal, State and local government deems needed. If California didn’t violate Plaintiff’s Substantive Due Process and Equal Protection rights by including Plaintiff on that list, Plaintiff would not be subjected to the Federal restrictions, restrictions by the other states, and even cities and local municipalities. Those actions taken by other Federal, State and local Government is a direct response from Plaintiff’s inclusion on the California Megan’s Law website and of the associated data base. Therefore there is a direct connection between the actions by the Defendant and all claims in the original compliant. For those reasons the Court does have subject matter jurisdiction over all Plaintiff’s Federal, State and local Government claims in the original complaint.
I’m currently looking for work as a paralegal. I earned a bachelors in 2007 and I now have an associates and certificate in Paralegal Studies. I was convicted of a sex crime in 2012. Thanks to AB 109 I did one year in prison and one year of probation. I have to register annually, but I’m not on the website.
How did everyone address the gap of employment when asked about it? Has anyone ever been hired after disclosing their conviction?
Thanks in advance.
I told employers that I took early retirement from my previous job and then decided that I wanted to go back to work. In reality, I was forced to resign from my job because I was on the registry, but since I was old enough to retire, the company designated me as such. That probably won’t work for you.
I eventually got another job, but it took 20 months. I was turned down for countless jobs that I was qualified for, only one of which mentioned that it was because I was on the registry, but I suspect that was the actual reason in most cases.
Here’s a suggestion… Seek work from a law firm that defends people accused of sex crimes, and just be honest with them.
I don’t know if that would work, but it wouldn’t hurt to try.
Yeah Chris I look forward to see what AJ or others may come up with. I really am not sure how long I have to respond. I will call the court clerk tomorrow and ask them and I am assuming I have a least a couple of weeks or more but I cannot find in concrete answers in the court rules or anywhere online. Here’s is my link again http://mllkeys20112011.wixsite.com/mysite for some reason I posted it already again along with another call to everyone on here for help but it wasn’t posted for whatever reasons. There is also a example motion that I will be going off here is a link https://www.slideshare.net/RichardGoren/62413-opposition-to-boa-motion-to-dismiss-dagostino just in case you want to reference while making suggestions..It helps extremely to have a template and formatted example in which to follow.OK thanks again and keep it coming. Anyone else jump in at anytime…..
Well I found that CA courts you have 15 days to respond but couldn’t find out about federal court for the eastern district of CA. I did however find the following motion which I can use as a template just in case…..
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
RANDALL WYSE, JOHN LAMB
MARK ROBERTS, AND
LATORRENCE NORRIS,
Plaintiffs, CaseNo. 3:13-cv-121-J-34MCR
v.
CITY OF JACKSONVILLE,
Defendant/Cross-Defendant,
and
JACKSONVILLE POLICE AND FIRE
BOARD OF TRUSTEES
Cross-Plaintiff/
Defendant (as Rule 19 Party).
_____________________________________/
JACKSONVILLE POLICE AND FIRE BOARD OF TRUSTEES’
MOTION FOR EXTENSION OF TIME TO RESPOND TO
THE CITY OF JACKSONVILLE’S MOTION TO DISMISS
Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 3.01(b),
Defendant/Cross-Plaintiff, JACKSONVILLE POLICE AND FIRE PENSION FUND BOARD
OF TRUSTEES (“the Board”), respectfully requests an extension of time to file a response to the
City of Jacksonville’s Motion to Dismiss Amended Complaint and Cross-Claims. In support
therefor, the Board states:
1. The City filed its Motion to Dismiss Amended Complaint and Cross-Claims on
May 20, 2015, causing the Board’s response to be due on June 3, 2015.
2. Counsel for the Board are currently in trial and appellate litigation in seven
different venues, with deadlines at various intervals over the next several months.
Case 3:13-cv-00121-MMH-MCR Document 109 Filed 05/27/15 Page 1 of 4 PageID 1917
2
3. The City’s motion raises various issues that will require significant research, to
include estoppel theories, consideration of matters outside the four corners of the complaint and
the precedential value of state decisions on federal courts.
4. The Board respectfully requests this Court enter an order extending the deadline
for responding to the City’s Motion to Dismiss Amended Complaint and Cross-Claims 16 days.
The Board requests the Court set the deadline for filing a response to June 19, 2015.
MEMORANDUM OF LAW
The Eleventh Circuit has held that a district court can exercise its managerial power to
maintain control over its docket. See In re Air Crash Disaster at Florida Everglades on Dec.
29, 549 F.2d 1006, 1012 (5th Cir.1977). This power is necessary for the court to administer
effective justice and prevent congestion. Young v. City of Palm Bay, Fla., 358 F.3d 859, 864
(11th Cir. 2004).
LOCAL RULE 3.01(g) CERTIFICATION
Pursuant to Rule 3.01(g) of the Local Rules of the Middle District of Florida, the
undersigned has conferred with counsel for the City and Plaintiffs regarding this motion and
represents that they do not object to the relief herein requested.
Case 3:13-cv-00121-MMH-MCR Document 109 Filed 05/27/15 Page 2 of 4 PageID 1918
3
WHEREFORE, the Board respectfully requests the Court enter an Order extending the
deadline for responding to the City’s Motion to Dismiss Amended Complaint and Cross-Claims
16 days to make the new deadline for filing a response June 19, 2015.
Even though it is in a different district and for a different reason all the federal statutes and codes are the same. Another boiler plate motion ready to go…….Love the internet man. Makes conventional litigation archaic and primitive……..According to this motion it appears that you have two weeks to respond. I really hope I can get the extension if I have to because it has been past two weeks.
I hope they make an exception since I am pro se if it is past deadline…..
Wow today is 14 days from the time they filed….Yep, according to this motion I have 14 days so I have to file it today. Damn man I am cramming for my math final tomorrow at 12:00. HELP. If Chris or AJ or Anyone can get this more prepare for me that would be fantastic. I am about ready just to say screw it and bail on my math class and take the f or whatever. This is more important then my math class right now. I can always retake it and I do not get a retake on my case………
This is the only part I need help with. MEMORANDUM OF LAW
The Eleventh Circuit has held that a district court can exercise its managerial power to
maintain control over its docket. See In re Air Crash Disaster at Florida Everglades on Dec.
29, 549 F.2d 1006, 1012 (5th Cir.1977). This power is necessary for the court to administer
effective justice and prevent congestion. Young v. City of Palm Bay, Fla., 358 F.3d 859, 864
(11th Cir. 2004).
LOCAL RULE 3.01(g) CERTIFICATION
Pursuant to Rule 3.01(g) of the Local Rules of the Middle District of Florida, the
undersigned has conferred with counsel for the City and Plaintiffs regarding this motion and
represents that they do not object to the relief herein requested.
I need to find case law for the ninth or local rules as they outlined in this motion. I will keep searching but if anyone can find what I need post it.
OK, never mind guys I got this. Took me hours but here it is.
MICHAEL RICHARDSON
Pro Se
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MICHAEL RICHARDSON,
Plaintiff,
vs.
JEFFERSON SESSIONS
In His Official Capacities;
XAVIER BECERRA
In His Official Capacities,
Defendant. 2:17-cv-1838 JAM AC PS
PLAINTIFF MICHAEL RICHARDSON’S MOTION FOR EXTENTION TO RESPOND TO DEFENDANT’S XAVIER BECERRA’S MOTION TO DISMISS
Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 144 (Fed. R. Civ. P. 6), Plaintiff, MICHAEL RICHARDSON, respectfully requests an extension of time to file a response to the California Attorney General Xavier Becerra’s motion to Dismiss Plaintiff’s Complaint and/or Claims Six through Nine of said Complaint. In support therefor, the Defendant states:
1. The California Attorney General filed its Motion to Dismiss Complaint and/or Claims Six through Nine of such Complaint on November 27, 2017, causing the Plaintiff’s response to be due on December 11, 2017.
2. Plaintiff is currently in college and is in the final stage in which Plaintiff must prepare and concentrate on completing Plaintiff’s final exams. Plaintiff is also Pro Se in this case and respectively requests that the Court recognize this fact and takes in to consideration when reviewing this Motion for Extension of Time.
3. The Attorney General’s motion raises various issues that will require significant research, to include estoppel theories, consideration of matters outside the four corners of the complaint and the precedential value of state/federal decisions on federal courts.
4. The Plaintiff respectfully requests this Court enter an order extending the deadline
for responding to the Attorney General’s Motion to Dismiss Complaint and/or Claims Six through Nine of the Complaint 20 days. The Plaintiff requests the Court to set the deadline for filing a response to December 31, 2017.
MEMORANDUM OF LAW
The Eastern District for the state of California obviously can exercise its managerial power to maintain control over its docket.
LOCAL RULE 144 (Fed. R. Civ. P. 6) CERTIFICATION
Pursuant to Rule 144 (Fed. R. Civ. P. 6) of the Local Rules of the Eastern District of California, the undersigned has conferred with counsel for the Attorney General regarding this motion and represents that they do not object to the relief herein requested.
WHEREFORE, the Plaintiff respectfully requests the Court enter an Order extending the
deadline for responding to the Defendant’s Motion to Dismiss 20 days to make the new deadline for filing a response December 31, 2017.
Respectively submitted by:
MICHAEL RICHARDSON
PRO SE
——————————————————
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on Monday, December 11, 2107 I served all interested parties in this action by placing a true and correct copy thereof in a sealed envelope, with first class postage prepaid thereon, and deposited said envelope in the United States mail at or in Sacramento California, and addressed it to:
Xavier Becerra,
Attorney General of California;
Gabrielle D. Boutin,
Deputy Attorney General
1300 I street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
—————————————————
MICHAEL RICHARDSON
Pro Se Plaintiff
Feedback welcome……..
5-4 with the 5th vote “silent”. The dissenting opinion by Judge Kitchens in this case was scathing. Basically the state ignored their own state law to keep this individual on the registry. No documentation of any past conviction. Why? Because FYTW. Federal suit next…
Criminal thugs in robes pulling down $120K a year.
Yeah, i know what you mean Chris. It isn’t going to happen though. For some reason last night I decided to check on it more even though I am cramming for my math class. Somethings guiding me man…..No I haven’t talked to the AG yet I just put that in there so that I am ready to file since I have a short window today to do it. I have my final at noon that last about 3 hours so it’s all out rush. I don’t even care if it is moot or if they agree or not I am filing it just in case. Not bad for about 4-5 hours of work right ? I am glad your really into this Chris, no one but you and AJ and New person and a few others seems to even care. I guess their all OK with their situation. I don’t know maybe I ask to much or something, but what about that guy talking about how he is a paralegal or some crap, WTF dude chime in any time man…..It doesn’t matter, we have it covered dude…..Thanks anyways right? Anyways gotta go man, cramming for my exam right now……I will pop in and out see what’s up….If you can locate how long I have to respond that would be cool. I cannot find any concrete confirmation. I have found one page stated 21 days before the hearing, another stated 15 days after they filed, and then that example that I found clearly states two weeks.