Complaint Review: COLUMBIA UNIVERSITY - New York New York

COMPLAINT REGARDING MERCK AND HIS ACCOMPLICES’ DIRTY HANDS ( CASE #)

 I filed a law suit against Merck because for years I used Vioxx and I developed severe health problems inclusive multiple lacunars strokes.

 In July 2012, The Supreme Court of Louisiana ( where all Vioxx cases rules) denied with prejudice my case only because my bankruptcy lawyer refused to list the lawsuit in Schedule B as a possible asset, and who refused to reopen the case to amend Schedule B.

 I did myself in August 2012, and the Bankruptcy Judge granted my motion. When I served the judge’s order to the creditors, 10 envelopes came back. I contacted by phone the creditors who returned the envelopes, and they told me they never had business with me.

 In this way I found out that my Bankruptcy lawyer used double evidences with forgery, inflated the amount  and added 10 more creditors.

 The Trustee sent me a “ NOTICE OF ABANDONMENT OF PROPRIETY” inclusive Merck, and I could continue in my own my case.

I filed a Motion for Reconsideration, and the Supreme Court of Louisiana denied my motion.

 On August 8, 2012 I send my Appeal and a Notice for Forma Paupers in The United States District Courts of Louisiana  for the United States Court of Appeals for the Fifth Circuit with delivery confirmation.

 Additionally, I included a stamped envelope to receive a confirmation of receiving my appeals in court. The envelope never came back.

I deposited my copy with proof of service in my safe deposit box at TD Bank, and I asked the Law Firm O...... to send me a copy of my filed appeal.

On August 24, 2012 I received an email from the Law Firm O... where said: “ ....., I am attaching your notice of Appeal and motion to proceed in forma paupers, which I just received a few minutes ago via the court’s docketing system(PACER). The notice of appeal should also be filed with the Fifth Circuit Court of Appeals. You will need to contact the Pro Se Curator because you have a motion for reconsideration that has not yet been ruled on by the Judge, there may be issues with your notice of appeal” (EXHIBIT Pg. 1).

 At the beginning of October 2012, I called the United States Court of Appeals for the Fifth Circuit   Clerk’s because I do not have access to my file , and I asked what happened with my appeal and my motion for forma paupers.

The Clerk directed me to contact The United States District Courts’ Clerk Pro Se Office because they did not have any appeal from me.

 I contacted the District Office, and the Clerk told me that they did not receive any correspondence from me regarding my appeal. I told them I sent with delivery confirmation, and I will check with my copy.

 Next day, I went I went to my safe deposit box at TD Bank I found none. My copy was stolen. I contacted the Defendant’s Merck by email, fax, phones ( messages ) to help me with a copy of the copy served by server to them. NO ANSWER.

 After, I contacted the Curator’s office paid by The United States District Courts to help me the Pro Se in Vioxx case, and help me to locate my appeal and Notice of Motion. The Curator Office, told me that they cannot locate my appeal because was not filed and directed me to contact in The United States District Courts for the United States Court of Appeals for the Fifth Circuit Clerks.

 The Clerks continued to tell me that the 30 days are over to appeal, and my appeal was not sent. Defendant Merck continued to be silent. All were stolen. NO ANY PROOFS! Then I remembered that I should have in attachment the email from the Law Firm O..... who Pro Bono sent me the a copy in Case ..........., of my Filed Appeal as Document ......Filed in August 24, 2012 ( 14 Pages), and my Filed Notice of Motion for Forma Paupers as Document ....., Filed in 8/24/2012( 10 Pages).

I contacted again the Curator office and they still cannot locate my filed documents.

 I contacted again the Courts Clerks and also they cannot locate my filed documents.

On October 11, 1012 I sent a fax to The United States District Courts Clerk’s Pro Se Office and Defendant Merck where I said:

 “ Yesterday October 10, 2012 I spoke with Appellate Division regarding my appeal in the above case. My appeal and my Motion for forma paupers was sent in your court and filed on August 24, 2012 as Document ID...... ( see Attachment)…” …”( EXHIBIT Pg. 2).

No one could locate my filed appeal., inclusive teh Curator 's Office cannot locate my appeal.

 On October 11, 2012 the Curator Office,  after I gave the appeal and motion numbers filed in August 24, 2012, sent me an email where said that they located my documents :

 “ Ms. ...... I did locate your Notice of Appeal …”( EXHIBIT Pg. 3).

On October 12, 2012 I wrote to the Curator Office:

 “ Dear Ms. ........... It is really painful to se [see] that Merck does dirty and illegal things. My Notice of Appeal and Notice of Motion for Forma Paupers disappeared from my safe deposit box at TD Bank. What was interesting and surprising you cannot locate my notice of appeal even as you know was filed in August 24, 2012. Same with Appellate Davison a day before yesterday…. It us [is] very strange who stole the documents, and why was so hard to be located. What explanation do you have st [at] at all this? …”( EXHIBIT Pg. 3).

I continued to call and to leave messages to the District Court Clerk’s Pro Se Office and no answers. On October 17, 2012, The United States District Courts Clerk’s Pro Se Office called me and told that finally they located only my Notice of Motion for form Paupers” , and NO ANY APPEAL, even was send in the same envelope. Additionally, the clerk told me that the legal term to file an appeal is over from September 2012.

I told him that is not correct because my appeal was filed in Court. He continued to tell me that is not true.

 On October 17, 2012, I faxed to the District Court’s Office the same fax from October 11, 2012, where I added by hand:

“ Dear Mr. Clerk My Notice of appeal was filed on 8/24/2012 under Document ......... ( Please see Exhibit 1), and was sent on August 8, 2012 ( Exhibit Pg. 2). My entire copy was stolen by interested person( institution ) from my pretending very safe place. The Motion for forma Paupers was also filed on 8/24/2012 as Document ........( please see Exhibit Pg. 3). Thank you for your help. Respectfully ..........” …”( EXHIBIT Pg. 2).

Immediately, I closed the safe deposit  box, and I did a complaint to TD Bank regarding stolen  propriety( not the firsts time).

 Finally, the Fifth Circuit Check located and my Notice of Appeal. I started to work at my brief. My copy of Brief and Exhibits I posted  in my storage.

All these ‘ miraculous missing  of my Notice of Appeal and Motion for Forma Paupers “ created a totally unpleasant situation for me and my case.

 At the end, my Motion for Reconsideration   was denied by Justice Fallon (even I satisfied the alone impediment for which the Justice Fallon  and Defendant Merck asked to dismiss my case).

 In August 2012, I scheduled the case with Merck, and The trustee abandoned the case). My motion for Forma Paupers also denied.

 MY APPEAL THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Finally, I was directed by the Clerk from the Fifth Circuit to file again a Notice of Motion to proceed as paupers and to prepare my brief. I filed my Motion for poor person and my Brief.

 I demonstrate in my brief that my bankruptcy lawyer unprofessionally, and intentionally did not scheduled Merck as pending law suit. Also, I submitted the Trustee Abandonment where said that Merck is not ESTOPELL ( the alone cause for which my case was denied in inferior court).

Supplementary,  I submitted an Affidavit with 14 pages Exhibits in support of my Notice of Motion for poor person ( I am in SSI and SSD which is not more $ .... / months).

 In June 25, 2013 my appeal and my motion for poor person was denied with prejudice. THE ORDER SAID:

“ …An IEF [ proceed in forma paupers] must demonstrate that she is a pauper and that she will raise nonfrivolous issues on appeal. ....... has not demonstrated that she has a nonfrivoulous argument for appeal regarding the district court’s judicial espoppel finding and grand of summary judgment” ……Accordingly, her motion for leave to proceed IFP is DENIED, and the appeal is DISMISSES as frivolous..”( EXHIBIT Pg. 5).

And in the deputy “ MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW” said:

 “ The judgment entered provides that plaintiff- appellant pay to defendant-appellee the cost on appeal” …”( EXHIBIT Pg. 6).

 I was really shocked. The District Court Judge in his order, and Defendant Merck in his Motion for Summary Judgment did not consider my health problem, multiple lacunars strokes , chronic angina, heart surgery et all., “ frivolous” and the Fifth Circuit consider frivolous.

 Preparing my Petition for Panel Rehearing,  I discovered that my Brief was falsified premeditatedly, and vandalized. I contacted the Fifth  Circuit Court, and bad surprise, the file in court also is vandalized by criminal hands.

I filed a Notice of Motion for Trial de Novo and for Leave to Recreate the Brief and Exhibits which was denied.

 My Brief is not published and nobody can know the truth, only because is falsified and as the Deputy Clerk said:

 ” The court has entered judgment under FED. R. APP. P.36. ( however, the opinion may yet contain typographical or printing errors which are subject to correction” (Exhibit Pg.6).

I did not have opportunity to make any correction, and the Court or Defendant Merck did not complain that my Brief was vandalized,  and is not any concordance between the content of my the Brief , Affidavit and Exhibit.

All  because was falsified by people paid by Merck, especially do not be published.

Finally, and my PETITION FOR PANEL REHEARING was  denied.

 All these abuses were and are  done by Defendant Merck together with his accomplices  for years.

 Honorable Justice Fallon,  from Inferior Court said in his Order dated July 25, 2012 Pg. 4-C:.

“ Merck argues that the disclosure was not inadvertent”.

It was inadvertent for my part , and not inadvertent for my Bankruptcy lawyer, corrupted by Merck, his accomplices. All knew I must to pass away with VIOXX taken for years, and so many poisoning with Carbon Monoxide and toxic gases.

Merck and his accomplices rushed to do:

• three (3) forgeries lawsuits in my name,
• a life insurances for  $ ½( half ) million with forgery,
•  the bankruptcy lawyer inflated the amount and added 10 more creditors,
• The hospital refused to care about my problems,
•  and more criminal acts .

 No any respect for American Justice and me as human being .

To have multiple lacunars strokes, Chronic Angina, and other severe heart problems is “frivolous “ for the Fifth Circuit? The question are:

 • WHY TD BANK WHO GIVE ACCESS TO INTERESTED PEOPLE TO STOLE MY COPY AND MY PROOF FOR MY NOTICE OF APPEAL,

• • WHY MY CARDIOLOGISTS REFUSED FOR YEARS TO GIVE ME MY MEDICAL REPORTS? •

• WHY THE PHARMACIST AT RAINBOW PHARMACY DELETED THE VIOXX HISTORY, AND IGNORED THE SUBPOENA DUCES TECUM SIGNED BY JUSTICE S....REGARDING MY HISTORY WITH VIOXX?

•  WHY OXFORD INSURANCES COMPELLED WITH MERCK AND HIS ACCOMPLICES IN CRIMINAL ACTS AND IGNORED ALSO SUBPOENA DUCES TECUM SIGNED BY THE SAME JUSTICE, AND THE COURT TOLERATE IT?

•  WHY THE COURT AND THE CURATORS’ OFFICE COULD NOT FIND MY NOTICE OF APPEAL ? WHY MERCK REFUSED TO PROVIDE ME A COPY OF MY COPY? •

•  WHY THE CLERK IN SUPREME COURT DID NOT FIND 60 DAYS AFTER WAS FILED , MY MOTION FOR FORMA PAUPERS AND MY NOTICE OF APPEAL ?

•  WHY THE COURT WAS SO SILENT WHICH “ the opinion may yet contain typographical or printing errors which are subject to correction” ?,

•  WHY THE BELLEVUE   HOSPITAL HIDE THE BLOOD UNDER BED AND GAVE ME MEDICINE TO HAVE STROKE (PL. APP. RECORD- EXCERPTS, EXHIBIT 10 , PG. 1, 2, ANOTHER ONE REFUSED TO GIVE ME MEDICATION AND FALSIFIED THE MEDICAL REPORT (PL. APP. RECORD- EXCERPTS, EXHIBIT 1, PG. 1, 2, 3).

My answer, because "typographical or printing errors " were done in purpose by people paid by Merck and accomplices to win the case , and be an pretext do not be published my Brief and the truth to be know.

From the Justice Fallon” Order: ”[ my name] .......also suggest some desire to reopen her bancruptcy proceedings to cure the omission”…. ” furthermore, while ...... makes some reference to reopen ing her bancruptcy proceeding, and states in an affidavit that she will do so in the future( rec. doc. 63982-1 at2), she has not actually made any attempt to do so ( other than writing a letter to her former attorney) at this time “ JUDGE F..... ORDER JULY 25, 2012, pg. 3, and 5.".

 I did in August 2012. ” The court has entered judgment under FED. R. APP. P.36. ( however, the opinion may yet contain typographical or printing errors which are subject to correction” (Exhibit Pg. 3). I never have the chance to correct the " errors" not done by me! ….” The judgment entered provides that plaintiff –appellant pay to defendant –appellee the cost on appeal” (Exhibit Pg.3)”.

 I have to  pay Merck for fraud , perjury et all, and because rined my health.

Additionally, the on November 29, 2012 I received from ”Trustee” a: ” NOTICE OF ABANDONMENT OF PROPRIETY TO ALL CREDITORS, THE DEBTOR, AND OTHER INTERESTED PARTIES “ where said: ” PLEASE TAKE NOTICE, that effectively November 29, 2012 (the ” Abandonment Date”), Ian J. Gazes, Chapter 7 Trustee ( the ”Trustee”) of the above captioned bankruptcy case of […]( the “Debtor”), will be deemed to have abandoned to the Debtor, pursuant to 11 U.S.C. & 554(a) and Fed. R. Bankr. P. 6007 , the following propriety All of the Trustee’s right, title and interest, if any, in each of the proceedings set forth on the Debtor’s Amended Schedule “B” ( the “Proceedings”) – (Pl. App. Record- Excerpts, EXHIBIT4, – Pg. 1, 2, 3). "

The courts does not like the Pro Se. But for me was really hard to find a lawyer in contingency  to fight with Merck’s  well paid lawyers, and capable of everything.

THE FIRST PRESIDENT OF THE UNITED STATES OF AMERICA GEORGE WASHINGTON PROTECTED THE RIGHTS OF SELF REPRESENTATION. He said:

 ”….the right of self-representation has been protected since the beginnings for Nation. Section 35 of the Judiciary Act of 1789, 1 Stat .73, 92 enacted by the First Congress and signed by President Washington one day before the Sixth Amendment was proposed, provided that in all the courts of United States, the parties may plead and manage their own causes personally “ Feretta v. California, 422 U.S. 806, 813( 1975).

Also,”It will be an evil day for American Liberty if the theory of a government outside supreme law finds lodgment in our constitutional jurisprudence. No higher duty rests upon this Court than to exert its full authority to prevent all violations of the principles of the Constitution” Gomillion v. Lightfoot, 364 U.S. 155 (1966), cited also in Smith v. Allwright, 321 U.S. 649.644

“Constitutional ‘rights’ would be of little value if they could be indirectly denied.” Juliard v. Greeman, 110 U.S. 421 (1884).

 “Where rights secured by the Constitution are involved, there can be no ‘rule making’ or legislation which would abrogate them”” Norton v. Shelby County, 118 U.S. 425 p. 442.

“Supreme Court Justice Field, "There is no such thing as a power of inherent sovereignty in the government of the United States... In this country, sovereignty resides in the people, and Congress can exercise power which they have not, by their Constitution, entrusted to it. All else is withheld."

 Mallowy v. Hogan, 378 U.S. 1 "All rights and safeguards contained in the first eight amendments to the federal Constitution are equally applicable." Miranda v. Arizona, 384 U.S. 426, 491; 86 S. Ct. 1603 "There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights." Simmons v. United States, 390 U.S. 377 (1968) "

“The claim and exercise of a Constitution right cannot be converted into a crime"... "a denial of them would be a denial of due process of law". Warnock v. Pecos County, Texas., 88 F3d 341 (5th Cir. 1996).

Justice Black wrote in the plurality opinion:

 ”A State can no more discriminate on account of poverty than on account of religion, race, or color”. "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws" Elmore v. McCammon (1986) 640 F. Supp. 905 .

I hope you will find my case good for your attention, and for an investigation.

 Anticipate thank you.

 Sincerely,