GLENN D. FERREN PRO SE
PO Box 472
Superior, MT 59872
Telephone: (406)822-0795
Plaintiff
UNITED STATES FEDERAL DISTRICT COURT BILLINGS MONTANA
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Glenn D Ferren, )CV 01-104-BLG-RWA
)
Plaintiff, )
Vs. Gale Norton, SECRETARY )Plaintiff's Answer and Objection
)to Findings and Recommendation
US Department of the Interior and )of United States Magistrate
US Bureau of Land Management )Judge and Order
)
)
Defendant(s). )
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The Plaintiff responds as follows:
The Court, if it follows the recommendation of the Magistrate Judge,
will fail to follow direction explicitly given to the Court by the
Ninth Circuit Court of Appeals as regards Plaintiff's Pro Se status
and Plaintiff's presentations before the Court; including Plaintiff's
Motion for Summary Judgement.
The Ninth Circuit Court of Appeals will find for Plaintiff upon
appeal.
(Thomas V City of Beaverton, Ninth Circuit Court of Appeals,
No. 03-35120, Aug 16, 2004, Plaintiff has offered sufficient evidence
to create a genuine issue of material fact…)
The Court, if it follows the recommendation of the Magistrate Judge;
will become a party to Plaintiff's pain and suffering, a party
to the violation of Plaintiff's Civil Rights, the taking of
Plaintiff's career, and a liable party for compensation to Plaintiff.
If the Court grants Summary Judgement for Defendant, it will
cause additional pain and suffering to Plaintiff and Plaintiff's
family and the Court and Defendant must be held liable for additional
damages to Plaintiff.
The Court and its' Agents, Anderson and Shanstrom, will be named
as accountable parties to the Plaintiff for continued violation of
Plaintiff's Civil Rights.
Magistrate Judge Anderson has made previous erroneous recommendation
that caused the Court to be rebuked by the Ninth Circuit Court of
Appeals and Plaintiff's case to be remanded back to the Court.
The Court in an arbitrary and capricious decision declined to grant
Plaintiff's previous request for a Change of Venue to the Federal
District Court Helena.
In a substantially similar case, the Federal District Court in Helena
rendered a fair and just decision for that Plaintiff. (MARY CONWAY-
JEPSEN V SMALL BUSINESS ADMINISTRATION, CV 02-27--H-CCL, US District
Court Helena)
The Court, by failing to grant Summary Judgement for Plaintiff and for
delaying or preventing a Jury Trial in this matter, willfully
participates in an Obstruction of Justice in violation of
USC Title 18.
(Title 18 USC, PART I,CH 13,Sec. 241., Definition - Obstruction of
justice involves words or deeds that stand in the way of truth being
told and justice being done. To obstruct justice is to deny truth and
justice. To obstruct justice is to commit a crime against the law, the
legal community, and the larger community)
The Court's decisions since 2001 and in ignoring Ninth Circuit Court
direction evidence deliberate attempts and the intention by this Court
to prevent Pro Se Plaintiff from presenting his case before a Jury.
Plaintiff did provide ample proof to support his motion and to cast
doubt upon Defendant's claims; using Defendant's own documents
and records, emails, EEOC depositions, and admissions on file.
(US Supreme Court, Swierkiewicz v. Sorema, N.A., 00-1853, Employees
suing for discrimination do not have to initially provide detailed
proof of their allegations)
Plaintiff was removed from his position in the Miles City Field
Office "to promote the efficiency of the service"; it is an
undisputed fact that Plaintiff was a top performer in his
position at the Miles City office; Defendant cannot prove that
any of her actions have "promoted the efficiency of the service."
Plaintiff did set forth specific facts showing that there is a
genuine issue for trial in his opposition to summary judgement
for Defendant.
An analogy to the Court's Recommendation is the packaging of two
products; on the one hand is a package of tripe, but neatly wrapped
and smartly tied tripe(procedure), on the other is the Plaintiff's
sirloin (substance), but the package is missing the bow(procedure),
the Court recommends the tripe because of the pretty package...
The Court should move to render Summary Judgement for Plaintiff or to
deny Summary Judgement for Defendant and set a Trial Date before a
Jury.
Glenn D Ferren
Glenn Ferren
PO Box 472
Superior, MT 59872
http://www.blackfoot.net/~gferren/
http://home.earthlink.net/~gferren/
Telephone: (406) 822-0795
Plaintiff
UNITED STATES FEDERAL DISTRICT COURT MONTANA
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GLENN D FERREN ) CV 01-104-BLG-RWA
)
Plaintiff, )
)Plaintiff's Answer and Objection
Vs. Gale Norton, SECRETARY )to Findings and Recommendation
)of United States Magistrate
US Department of the Interior and )Judge and Order
US Bureau of Land Management )
)
Defendant(s). )
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
Plaintiff's Answer and Objection to Findings and Recommendation
of United States Magistrate and Order, was served upon the
Defendants or Defendant's attorney Judge and Order by placing the
same in the U.S. mail, postage fully paid thereon addressed as
follows: U.S. Department of Justice, United States Attorney,
District of Montana, P.O. Box 3447,Great Falls, MT.,59403.
____________________________________
Plaintiff's Signature