strunk v dept. of commerce (census) - emergency motion - request for expedited appeal - transport...

8/9/2019 STRUNK v DEPT. OF COMMERCE (CENSUS) - EMERGENCY Motion - Request for Expedited Appeal - Transport Room

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u United States Court of Appeals

' General info (202)216-7008 FaxNo. (202)219-8r lAY 1820lORECEIVEDLIST FOR EMERGENCY MOTIONS /O-SogZ-r

Type of motion:kk&@ 8)-p?@lWhen will it be filed (Date& Time)?&NE ImQ10Disposition needed by (Date 8t Time):JULY /r?@VVhy? hJm f 7-0ArpmLrn Smc jbe provided the court?

d * - C l / - 124rAny hearings scheduled? p c When?Status of motion for stayhjunction pending appeal filed with lower court or agency?

When will disclosure statements be filed?

If a NOAor P/R has not been filed, when will one be?s u bm W / f T . ? O h/ 47mcc@/ c -# f l b b M

Office Phone # Home Phone # Fax Phone #

FORCLERK'S OFFICEUSEONLY

.- ClerkCh. Deputy Clerk- DOffice

Deputy Clerk Date& TimeWho notified in LD?

ROUTING

~ Team Leader Staff Attorney AssignedSupv/Op Unit Other- ntake

Case: 10-5082 Document: 1245652 Filed: 05/18/2010 Page: 1


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Appellant Strunk Declaration in support of requestfor anexpedited appealfor 10=5082=cvas time is of the essencewith imminent irreparableh am inthe conduct of the 2010 Census under color of 13USC141,13 USC195

and related law for the 2 USC 52a allotment of US. House of Representativeseats to each State of the several States.

I , Christopher-EarlStrunk in esse declare under penalty of perjury with28 USC s1746:

1. That Declarant is the Appellant herein appeal case IO-5082-cvand isself-represented without being an attorney.

2. This declaration is in support of the emergency motion for an expedited

appeal as time is of the essence with imminent irreparable harm in theconduct of the 2010 Census under color of 13 USC 141,13 USC SI95 andrelated law for the 2 USC 2a allotment of U.S. House of Representativeseats to each State of the several States by the deadline in December 2010.

3. That the Court has afforded Dectarant until May 17,2010 to makeprocedural motions in regards to this appeal and that Appellant understands

that the United StatesCourt of Appeals for the Districtof Columbia Circuit

has approved a procedure that allows qualifying appeals to be placed in a

"stand-bypool" of cases. This case will be used to fill gaps in the argument

calendar caused when calendared cases are terminated prior to oral

argument. Placement in the pool wilt not result in delay of your appeal and

may result in significant expedition. To qualify for inclusion in this pool the



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following conditions must be met within 30 (thirty) days of docketing:

All parties must stipulate that they do not object to

inclusion in the stand-by pool (see form attached)

All parties must stipulate to a briefing schedule on the form

provided. The parties should be aware that the chances of

expedition are increased to the extent they agree to

shorter briefing periods.

All parties must stipulate that they will not file anydispositive motions.

(1

(2)

(3)

4. If these conditions are met, the case, if othefwise appropriate, will beplaced in the first available gap in the calendar. Counsel is assured at least

three weeks notice prior to scheduling. If counsel is unavailable for the

selected date, the case will be placed on a normal nonexpedited track. If no

gap emerges, every effortwift be made to calendar the case so thatconsideration is not detayed.

5. That Declarant requests oral argument as this case is appropriate for

oral argument and even though the Court will not ordinarily include in the

"stand-by pool"cases that are inappropriate for oral argument, see D.C. Cir.

Rule 34(j),or cases that require special internal management pursuant tothis Court's Civil Appeals Management Plan.

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6. That Declarantfiled a preliminary statement by May 3,2010 with theClerk of the Court and that Statement of issues to be Raisedare:

7. That Appellant seeks to make an expedited emergency motion with

time as the essence with irreparable harm in that the court made an error

regarding 13USC I41 and Pub. L. 105-1 19, title 11, $j209 b thru e, Nov. 26,1997, 111Stat. 2480:

(b) Any person aggrieved by the use of any statistical method in violation ofthe Constitution or any provision of law (other than this Act), in connection with the2000 or any later decennial census, to determine the population for purposes ofthe apportionmentor redistrictingof Members in Congress, may in a civil actionobtain declaratory, injunctive, and any other appropriate relief against theuse of such method.

(1) the use of any statistical methodas part of a dress rehearsal or other simulationof a census in preparation for the use of such method, in a decennial census, todetermine the poputationfor purposesof the apportionment or redistricting ofMembers in Congress shall be considered the use of such methodin connection with that census; and (2) the report ordered by title Vl l l of Public Law105-18 and the Census 2000 Operational Plan shall be deemed to constitute finalagency action regarding the use of statistical methods in the 2000 decennial

census, thus making the question of their use in such census sufficiently concreteand finat to now be reviewable in a judicial proceeding.(d) For purposes of this section, an aggrieved person (described in

subsection (b)) includes-(1) any resident of a State whose congressional representation or district could bechanged as a resultof the useof a statistical methodchaHenged in the civil action;(2) any Representative or Senator inCongress; and (3)either Houseof Congress.@)(I)Any action brought under this section shalt be heard and determinedby a district court of three judges in accordance with section 2284 of title 28,United States Code. The chief judge of the United States court of appeals for eachcircuit shall, to the extent practicable and consistent with the avoidance ofunnecessary delay, consolidate, for all purposes, in one district court within that

circuit, all actions pending in that circuit under this section. Any party to an actionunder this section shall be precluded from seeking any consolidation of that actionother than is provided in this paragraph. In selecting the district court in which toconsolidate such actions, the chief judge shall consider the convenienceof theparties and witnesses and efficient conductof such actions. Any final order orinjunctionof a United States district court that is issued pursuant to an actionbrought under this section shalt be reviewable by appeal

(c) For purposes of this section-

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directly to the Supreme Court of the United States. Any such appeal shall be takenbya notice of appeal filed within 10days aftersuch order is entered; and thejurisdictional statement shall be filed within 30 days aftersuch order is entered. Nostay of an order issued pursuant to an action brought under this section may beissued by a single Justice of the Supreme Court.

(2) It shall be the duty of a United States district court hearing an action broughtunder this section and the Supreme Court of the United States to advance on thedocket and to expedite to the greatest possible extent the disposition of any suchmatter.

8.That Appellant seeks to make an expedited emergency motion withtime as the essence with irreparable harm in that the court made an error

regarding 73USC 195 arbitrary and capricious data collection during theenumeration.

9. That Appellant seeks to make an expedited emergency motion withtime as the essence with irreparable harm in that the court made an error

regarding 2 USC 2a that New York had 47 Electoral college members in1940 and starting in 1950were reduced when New York population was say10million persons then increased to say 19million persons but was reduceto 31 electoral college members, now projection to be reduced without

population reduction to 29 in the current enumeration and altotment,withoutprovision of substantive due process required by the 14"Arnendment $j2.

IO. That appellant requires a declaratory judgment for the matter ofuse of tourists whose usual residence is in a foreign nation, diplomats and

related persons who are neither citizens and or permanent resident aliens inthe provision of allotment of US House seats as time is of the essence due

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by December 2010 as a compelling state matter of interest with the 9 t h andl o t h with the 14"Amendment related taw; and Declarantwill expedite to theSCOTUS accordingly hereafter if necessary needs sufficient time.

11. That Appellant has no other avenue to seek relief except hereinand is entitled to an expedited schedule in order that the case either may be

rapidly remanded or heard de novo here in that this court does have a threejudge panel that was unreasonably denied below at district as time is of the

essence with imminent irreparable harm will result without the relief

requested, which is that eighty pfus years after 2 USC 32a was passed torebatancethe house seats after 20 years of outrageous neglect the USHouse has been transformed into a chamber of tyrannical reign with

impunity and without the consent of the people by a Constitutional

amendment for 2 USC 52a; representation was devised and guaranteed inthe RatioIHouse member per 30,000 persons now is outrageously in most

States 1 House Member per more than 630,000 persons and that whencombined with outrageous gerrymanderingof such allotment at the State

level results in the guarantee of the permanent reign of a House member forlife terms ii?that the individiiaf voter has no reasonable expectation ofsuccess 8r participation in the ek t i o i i or ckallengs of inciimbentrepresentationhas been turned h t ~a crony patrsnagz sjstem barr i~g



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sleeping with a dead person, chifdren of the same sex or outrageous acts ofbribery and infamy.

12. That Declarant demands that New York with a significant largerpopulation each ten years since 1940 is entitted to at feast to maintain thesame Houseseats as in 1940 and accordingly that the entire House be

ordered enlarged in proportiontuthe population as intended by the US.Constitution Article I Section 2 as well as the 14fhAmendment that isthereafter to protect; and that the 2 USC 52a rebatancing formula devisedfrom the I912 allotment be declared unconstitutional and or limited in usebased upon no State losing representation without a proportional reduction

in population accordingly as is the intent of the Constitution.

13. And for such other and further relief as the court may deem just

and proper.

f declare under penalty of perjury with 28 USC 1746 that the foregoing is

true and correct and respectfully submitted for expedited action by all partiesinvolved.

Dated:M a y g ,2010Brooklyn, New York

Christopher-Earl: Strunk in esse593 Vanderbilt Avenue - #281Brooklyn.,New York 11238

(845) 901-6767 Email: chris(j3strunk.w

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UNITED STATES COURT OF APPEALSDISTRICTOF COLUMBIA CIRCUIT

333ConstitutionAvenue, NWWashington, DC20001-2866

Phone; 202-216-7000 I Facsimile: 202-219-8530

STlPULA1[IONTO BEPLACED INSTAND-BY POOL OF CASESThe parties in the above case(s) state that they jointly agree to have this appeal placed in a poolcases to be slotted into openings that become available on the court'scatendar.

The parties jointly stipufate to the following:(1)(2)

(3)(4)

they wish to be placed in the pool;they waive the filing of dispositive motions;

they propose and will follow the briefing schedule as outlined below;andno motions for extensions of timewill be filed by any party.

Complete only one of the foftowing briefing formats.(1) Standard Briefing Schedute

AppeIlant(s)/Petitioner(s) Brief and AppendixIntervenar(s)BriefAppellee(s)/Respondent(s)BriefIntervenar(s) BriefAppellant(s)lPetitioner(s)Reply Brief, if any

The parties shatt file their briefs on the due date. Maifing on the due date will not suffice.USCA Form 74

August2009 (REVISED)



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(2) Briefing Schedulewith a Deferred Appendix.

\

Appeftant(s)/Petitioner(s)BriefIntewenor(s) BriefAppellee(s)'/Resp~t%eIW(s)*Bief

__ -_ -I -.nEWe-ntw(sJ-Brief - - _Appellant(s)/Petitioner(s) Reply Brief, if anyJoint Appendix

Final Briefsof All Parties

The parties shall file an original and five copies of initialbriefs, eight copies of the joint appendixand an original and eight copies of the final briefs. Briefs shall be filed on the due date.Maifing on the due datewill not suffice.

Firm Self represented without being an attorneyAddress 593 VanderbiltAvenue -281 BrooklynNY 11238

Name of Party Represented r&f7Signature DateName of Counsel (Print)

Firm

Address

Name ofParty Represented

An original of this stipulation should be submitted within 30 days from docketing of thecase to:

ClerkU.S.Court ofAppeats for the D.C. Circuit

333 ConstitutionAvenue, N.W.Washington, D.C. 20001



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US. Court of Appeals for the District of ColumbiaAppeaf 10-5082-cv

CERTIFICATEOF SERVICEOn May 12,2010, I,Christopher Earl Strunk, under pmalty ofperjury pursuant to 28 USC1746, caused the service of a copy of the Appellant's emergency motion for an expeditedappeal for 10-5082-c~as time is of the essence with imminent irreparable harm in theconduct of the 2010 Census under colorof 13USC 141,13USC$195and related lawforthe 2 USC 2a allotmentof U.S. Houseof Representativeseats toeach State of theseverai States declared May 12,2010 as a complete set of which each placed in a seafedfolder properly addressed with proper postage sewedby USPSmail upon:Wynne P. KellyAssistant United States Attorney555 4th St., N.W.Washington, D.C. 20530

Ms. Maria J. Rivera, Esq.Texas Office Of TheAttorney GeneralP.O. Box 12548Austin, TX 78711

John Michael Bredehoft, Esq.KAUFMAN& CANOLES, P.C.150West Main Street - POB 3037Norfolk, VA 23514

John MarcusMcNichols, Esq.WILLIAMS ti CONNOLLY, LLP725 12th Street, NWWashington, DC 20005

Seth E. Goldstein,Deputy Attorney GeneralCalifornia Departmentof JusticeOffice of the Attorney General1300 "I" Street - Suite 125Sacramento, California 94244-2550

Stephen Kitzinger,Assistant Corporation CounsetNew York City Law DepartmentOffice ofCorporationCounsel100Church StreetNew York, New York 10007

1 do declare and certify under penalty of perjury:

Dated: Grookiyn,ay@)- New010York&F&Christopher- Earl :Strunk in esse593 Vanderbilt Avenue - #28iBrooklyn., New York 11238

(845) 901-6767 Ernail: [email protected] *

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strunk v dept. of commerce (census) - emergency motion - request for expedited appeal - transport...

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