Early Meetings

[miccar]

Do I need to set up an early meeting with the parties or am I exempt due to ''pro se" status. All I need from the Defendants is some time to look through their central office file and make some copies. If I tell them which ones in advance, they are subject to disappear.

 

[army judge]

No one is exempt from procedural requirements or the judge's rules.

Read them, learn them, know them, especially in federal court.

Get thee to a law library and learn the FRCP.

You can also access them online.

 

[miccar]

I have a copy Sir, and I do read it constantly. However, I don't always understand it. I appreciate your encouragement though. I will contact the parties tomorrow and try to set up a meeting. The law library here in Bellville leaves a lot to be desired. Thank you very much for your time. Michael

 

[army judge]

Michael, you are seeking to do discovery.

You might want to review federal rules of discovery.

 

[miccar]

I didn't know there was such. Thanks for the tip. I'll get a copy tomorrow.

 

[army judge]

I didn't know there was such. Thanks for the tip. I'll get a copy tomorrow.

Both sides are required to provide access to certain elements.
That should happen by everyone playing nice.

If it doesn't, a subpoena is the instrument to compel opposing counsel to show you the "goods".



How do you obtain a subpoena?

Well, you gotta draft a motion, have a hearing (in some cases), more often than not (if you're procedurally correct), a subpoena issues.


In federal cases, a US Marshal seizes the stuff, or the defendant produces the stuff.

Presto, you're looking at that "secreted" stuff.

 

[miccar]

I don't know how nice the parole board is going to play but I am about to find out. I tried an open records request last year before I filed this suit but that was ignored. Then, in one their motions, they had the nerve to say I had not provided the very information that I had requested. Of course I made a carbon copy of the request I sent them and the mail log proves that they never responded. They shouldn't have underestimated my motivation. Fortunately. while they were violating my rights, they made me sign everything and then gave me a copy of it. Now, all I need is the names of the board members that sat on the panels. There may be something else I need but don't know it until I see it. So, today, I plan to see if they will let me spend a little quality time perusing my central office file. I'll even drive to Austin if necessary. I will keep you posted.

 

[miccar]

Motions For Summary Judgment

Hi Sir,
I have a question and I am away from my materials, since I filed for Summary Judgment first, do I have to
file a response in opposition to the state's?

 

[army judge]

Hi Sir,
I have a question and I am away from my materials, since I filed for Summary Judgment first, do I have to
file a response in opposition to the state's?

Hello, miccar, no you don't have to file such a motion.

But, if you're as bright as I think you are, you will!!

 

[miccar]

Thank you, Sir. As usual, you are correct.

 

[miccar]

In Sept. 2011 I filed a motion for summary judgment and of course the State filed theirs a month later. Since they already confessed (during my habeas corpus) that I had not received due process, then we know that they don't have a leg to stand on in that regard. As you know, Judge Pitman is no longer the magistrate on my case. I don't know if this change is the cause for the delay in my proceeding or if Judge Yeakel's trial calendar is just too busy to make a ruling and order a trial. I am just playing the waiting game. Just wanted to give you an update. Hope you are well.

 

[army judge]

Hi, Michael.

Delays by the state often mean you're making headway.

Hang in there.

I'm doing well.

 

[miccar]

Transferred

I have been hanging in here and on March 30th Judges Sam Sparks and Lee Yeakel issued an order transferring my case to Magistrate, Mark Lane. I called the Court to find out if that means that he will be the one to handle all further matters in my case or just the pretrial but nobody got back to me. I am encouraged that there has been some activity and hope this means there will be a ruling on my motion for Summary Judgement and order for a trial date.

 

[miccar]

I forgot to ask, should I request that my case be handled by the Magistrate or should I just let Judge Yeakel handle it? Perhaps it would move along a bit quicker if the Magistrate did it.