GLENN D. FERREN PRO SE

PO Box 472

Superior, MT 59872

Telephone: (406)822-0795

Plaintiff

UNITED STATES FEDERAL DISTRICT COURT BILLINGS MONTANA

============================================================

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). )

=============================================================

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://gferren.150m.com/

http://www.blackfoot.net/~gferren/

http://home.earthlink.net/~gferren/

Telephone: (406) 822-0795

Plaintiff

 

UNITED STATES FEDERAL DISTRICT COURT MONTANA

============================================================

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). )

============================================================

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