OPEN LETTER TO THE PRESIDENT OF THE UNITED
STATES
In the heart of this political
persecution which went on against me for a very long time, I am appealing to
anyone in the media to be courageous enough to promptly convey this open letter
to the President of the United States George W. Bush bringing to his attention
as to why an American citizen has been officially subjected to brutal and
political persecution in this land of the free on account of his Arab Race.
Because of the cruel and unusual
punishment I have been experienced most recently in courts; I would urge the
President to issue an executive order, demanding that the
Those who control this country and the
media with an iron fist should know that there will be at least one courageous
reporter who will convey this letter to the President, because it is the duty and
the obligation of the media to report this political crime to make
Now it is high time to stop those outlaw gangs
and bandits who are behind this crime from secretly continuing to terrorize
people they hate just to serve their evil-political ends.
In the meantime, the solidarity
signatures of all Americans and all human beings everywhere are welcome and
will give further momentum to this appeal.
Samir Taha
1) Samir Taha
2) 3625 SW 108 Ave
3)
4) (503) 526-3322
5 ) IN PRO SE
6)
7) IN THE CIRCUIT COURT OF
THE STATE OF
8) FOR THE
9)
10) SAMIR TAHA, ) CASE NO. CO33769CV
11)
Plaintiff, ) OBJECTIONS TO DEFENDANT'S
12) vs. )
MOTION TO DISMISS
)
13) RAYMOND TINDELL, )
14)
)
15)
Defendant. )
16)
1. PRELIMINARY STATEMENT
17) At the heart of this case lie two
critical questions: (1) Why plaintiff's
17) constitutional
rights are being violated to the extreme, is it race, is it
18) politics, or is
it to show me who rules this land? And when anyone does harm
19) to the Plaintiff
and a court action is taken, (2) why always motion to dismiss,
20) to strike and
summary judgment are filed and always granted without
21) questions.
Defendant is moving to dismiss as if corruption and conspiracy
22) charges in a
court of law mean nothing to him that he can commit any
23) violations he
likes against plaintiff and seek impunity simply because the
24) victim is an
Arab, ignoring the fact that I am an American citizen too.
25)
What defendant filed is not motion to dismiss, it is motion to
suppress
26) a hate
crime against one's race and he is asking the courts to legalize the
1- OBJECTIONS TO DEFENDANT'S
MOTION TO DISMISS
1) persecution of the
Plaintiff so more violations against him can continue in order
2) to make his life a
living hell in this land of the free. This a seizure to Plaintiff's
3) civil
liberties. It is a seizure to his smile and peace of mind which went on for
4) a very long time.
It is also a seizure to the American dream in the land of the
5) free where lawyers
who are required to uphold the law are killing the dream
6) of happiness and
justice for all. To this, every American feels ashamed.
7)
This could be Plaintiff's last legal recourse in This Honorable Court
and in
8) Washington County Courthouse the Honorable
Judges here only deliver
9) justice
to victims not dismissal so no American will be ashamed anymore.
10) No one
wants a repetition of the Nazi era in this land of the free.
11) 2. BACKGROUND
12) The facts and the evidence of this case are so
conspicuous. Plaintiff who
13) is racially oppressed, hired
Defendant to get him justice and due process
14) of law after a lawsuit filed
against him by the same corporation which
15) forced him to go out of business. Plaintiff and defendant
agreed on a
16) legal strategy to fight back based on the facts and evidence
available
17) so justice will be served. Defendant agreed and promised to
proceed
18) diligently, rather, he shocked Plaintiff when all the pleadings in the
19) case were stricken on illegal motion that was ruled
upon in secrecy.
20) Just few days ago, I felt I have been
devastated again by the
21) unconstitutional process Circuit
Court in
22) case and pleading after it rendered its second ruling affirming
what it
23) ruled upon
24) with
opposing counsel, helped create a new law called motion to strike all
25)
Plaintiff's pleading word by word and letter by letter as if the
Plaintiff has
26) no right to
speak, answer or defend against those who put him out of business
2-OBJECTIONS TO
DEFENDANT'S
MOTION TO DISMISS
1)
and deprived him of his rights to make a living
in this land of the free.
2)
That shocking evidence will be presented to this Honorable Court
3) to show how
Defendant, who caused that serious injury to occur, turned
4) Plaintiff from being the legally winner in
a case entrusted in him to a big
5) loser where all
constitutional rights were taken away from him as a result
6) of Defendant's
complicity and full cooperation with my adversaries.
7)
Plaintiff, however, will ask this Honorable Court to review the
8) unprecedented
violations to the rules of law Multnomah County Circuit
9) Court rendered, because of fear into
becoming the new law of the land against
10) people who
have been already subjected to persecution in the land of the
11) free on account of their race.
12)
Plaintiff will also ask this court to review the legality and validity
of
13) appearing
in a motion to strike or summary judgment in disguise against a
14) complaint
and defenses and the abuses used to make it the decision-factor for
15) an entire
case while taking away one's
constitutional rights by a stroke of a pen.
16) 2. CONTINUING CONSPIRACY
17)
By filling a motion to dismiss, Defendant is encouraging the court to
18) throw
legally valid claims sought by the Plaintiff in this case, and is asking
19) this
Honorable Court to give him and those who are supporting him
20) free hand to commit racism against
Plaintiff's race so they can continue to
21) deny and
violate the legally protected rights to him and to anyone they hate
22) without
telling the court why this person should be denied such legal rights.
23) As if the Plaintiff has no legal
recourse anywhere. Defendant, an attorney
24) at law, is
asking the court to slam the door in
Plaintiff's face and deny him basic
25) legal
rights and some dignity. Defendant is telling the court that Plaintiff has no
26) rights to
defend and prosecute claims the same way he denied him the right
3-OBJECTIONS TO
DEFENDANT'S
MOTION TO DISMISS
1) to a fair and
honest representation. Hence, the question arises as to whom
2) authorized
defendant to subject plaintiff into persecution in this land of the free?
3) Why defendant has suddenly changed and
sided with my adversaries, thus,
4) violating ORS
9.460(4) which requires lawyers to stand by the defenseless
5) and the oppressed. Now it is the duty of
this Honorable Court to deny
6) Defendant's motion to dismiss or suppress
because this court believes in equal
7) justice for all
and it is legally and morally bound to protect and redress
8) the suffering of
oppressed people such as the Plaintiff.
9)
Regardless how opposing counsel and his client trying to attack
Plaintiff's
10) Complaint on technical points and
falsifying authorities, this case has
11) substantial
legal merits that not only concern the plaintiff, but also the public at
12) large. We
all hire lawyers and expect not to be betrayed and victimized by them
13) and not
dump clients for their personal ends. For example, why Defendant
14) turned
against Plaintiff? Was he bought by my adversaries? Was he advancing a
15) hidden-political agenda against
Plaintiff's race? Unless Defendant has an
16) an interest
to participate with others to harm his client, one should ask why
17) he did not
carry out his duties to a client who paid him and trusted him?
18) 3. MOTON TO SUPRESS
19)
ORCP 13 (b) provides that every complaint has an answer and here
again
20) we witness
opposing counsel filing a demurrer or general denial disguised
21)
as motion to dismiss. This motion is similar to
the illegal motion to strike my
22) adversaries
filed to throw all my defenses and counter claims in Multnomah
23) Circuit Court case in which
Defendant helped them to succeed in full.
24)
Now, opposing counsel intends to seek that every court should follow
25) suit and
apply this dangerous precedent by denying legal rights to those people
26) he and his
client hate and despise. He ignores the fact that Plaintiff is protected
4-OBJECTIONS TO
DEFENDANT'S
MOTION TO DISMISS
1) under federal and
state laws. Article I section
10 of the State of
2) Constitution spells the protection clause
very clearly in the bill of rights:
3) " No court shall be
secret, but justice shall be administered, openly
4) and
without purchase, completely and without delay, and every
5) man
shall have remedy by due course of law for injury done him
6) in
his person, property and his reputation.
7)
Article I section 17 also provides :
8)
"In all civil cases the right of Trial by Jury shall remain
inviolate.
9)
Similarly, the above rights are also protected under the Fifth and
10) Fourteenth Amendments to the US
Constitution for everyone and against
11) anyone not
just government and public officials as opposing counsel claims.
12) Opposing counsel asserted neither
legal basis nor evidence or sworn
13) statements
to back up his motion to dismiss.
Instead, he makes assertion
14) of insufficient
and false facts, which are all unsworn statements of
counsel.
15) Opposing counsel is making every
effort to have this case decided based
16) on the
pleading and avoid having these critical and unsettled issues of law be
17) ultimately
decided by the trier of the facts: the Jury.
He also seems to
18) encourage
and promote racism against Plaintiff's race while at the same
19) time
encourage and approve corruption to the integrity of our
20) jurisprudence
system which he and his client are feeling free to violate.
21) 4. PROCEDUARAL SAFEGURDS
22)
When claims as in this case are substantial and supported by conclusive
23) evidence,
filing motion to dismiss them raises the issue of immorality among
24) lawyers in
particular, who are willing to commit serious procedural
25) violations
in order to avoid any finder of facts hearing and rectifying their
26) corruption
to the legal profession. If they care less about Oregon Code
5- OBJECTIONS
TO DEFENDANT'S
MOTION TO DISMISS
1)) of Professional Responsibility, then they
care less about the public interest and
2) the procedural
safeguards intended to protect the values of our legal system.
3) In a landmark ruling, the great Justice
Douglas of the United States Supreme
4) Court described the procedural safeguards
as those ones which spell out the
5) difference
between rule by law or rule by whim or caprice. Justice
6)
7) lawyers can go to
corrupt these rules of law and substitute them with
8) rules of their
own.
9)
5. DECIION OF OREGON STATE BAR
10)
About two months ago. Plaintiff filed a complaint with
11) State Bar against
Defendant. On
12) decision on
the complaint, finding a credible evidence to support
13) Defendant's misconduct. ( Exhibit A). As of now, Plaintiff is cooperating
14) with the
Bar to help with the investigation, while Defendant continues to
15) to lie and
mislead the Bar about his flagrant misconduct in order to
16) prejudice
the administration of justice Plaintiff is entitled to.
17) 6. UNCONSITIUTIIONAL DECISIONS
18)
On Decemeber 4, 2003, Judge Edward Jones, the
same judge who
19) struck all
my pleadings on
20) regarding
the second illegal, untimely and improper motion to strike,
21) allowing
all my affirmative defenses and counter-claims be stricken
22) despite the
legally valid objections submitted by attorney Matt Daily
23) to deny
that motion which was not supported by any evidence and was
24) full of lies and deception. Now that the trial date was set for
26) has been
barred fom presenting any defense, counter-claims or
evidence
6- OBJECTIONS
TO DEFENDANT'S
MOITION TO DISMISS
1) against my
adversaries during a semi trial that will only decide how much
2) money I have to
pay to my adversaries. While I am the legally winner of
3) the case, those,
who Defendant helped them corrupt and taint the legal
4) process, are
prevailing illegally and immorally and so far succeeding in robbing
5) Plaintiff of all his rights. That would
have been impossible had Defendant
6) exercised the
least legal care to deny an illegal ruling against me
7)
7. ILLEGAL MOTION TO STRIKE
8)
Evidence will show that Defendant purposely allowed my adversaries
9)
unprecedented 128 days to appear despite fact
that they were in default.
10) ORCP 7(c) 2 provides that 30 days
were allowed for anyone to appear. It
11) was only
until
12) appear or a
default will be filed. When the 10 days expired, Defendant
13) did nothing
and allowed them to file motion to strike on
14) Based on local circuit rule 5.010,
opposing counsel is required to confer
15) with
Defendant prior to filling the motion. Did Defendant object and
16) advise
opposing counsel that motion to strike can't be filed more than
17) 10 days after serving the pleading
which took place
18) Unless there was a secret deal
between the two to conspire and throw
19) Plaintiff's case in its entirety,
Defendant could have moved and asked the
20) court to
throw that illegal motion as untimely to say the least. He did
21) not? Was it
the incompetence of Defendant or he just acted so to prejudice
22) Plaintiff's case to the extreme and
does him serious harm.
23)
In addition, Plaintiff has recently obtained some discovery from
24) opposing
counsel after 11 months of demand to it. The document reveals
25) that IOS
Capital has filed illegal and false claims against Plaintiff and
26) their only
chance to recover any money from Plaintiff was through the help
7- OBJECTIONS
TO DEFEDNAT'S
MOTION TO DISMISS
1) of Defendant who allowed them to prevail
through illegal and unethical
2) means. In his first six months of handling
the case, Defendant never obtained
3) any discovery which was a high priority to
Plaintiff's case. Had Defendant
4) obtained that document in particular, the case
would have been resolved
5) in my favor at the
initial month or two of the case. Now,
13 months passed
6) by all my defenses
and claims were stricken again along with my rights to
7) a jury and was
barred from presenting any evidence in a
due process forum.
8)
8. LEGAL AUTHORITY
9)
Plaintiff needs not present extensive legal argument at this time
because
10) there are
sufficient facts and evidence to support his claims. However, this
11) Honorable Court should construe
Defendant's motion as a summary
12) judgment
motion, disguised as a motion to dismiss. This court should deny
13) it and
reject it outright because it is the proof itself, not the pleading
14) which
determines whether a party has a cause of action. Richards
v.
15) Dahl, 289 Or 747, 753, 618
P2d 418 (1980).
16) Plaintiff has already informed opposing
counsel that deposition
17) of his
client and other witnesses should start this month to further
18) prove that
all the facts asserted by Plaintiff are triable
issues and not
19) subject to
motion to dismiss where opposing counsel intentions are
20) to cover-up
the corruption of his client, thus, endangering others who
21)
may be trapped, deceived and crossed by
lawyers.
22)
As this Honorable Court knows, Plaintiff cause of action seeks both
23) legal
and equitable remedies that can't be denied to a victim of racism
24) because of
the humanity issues involved in the action. No human would
25) do such
flagrant act to another human unless they are wholeheartedly believe
26) in racism
and bigotry in this land of the free and the home of the brave.
8-OBJECTIONS TO
DEFENDANT'S
MOTION TO DISMISS
1) Such kind of people wants to divide
our great
2) just to
advance a hidden political agenda that not only will defeat the
3) integration
and equality among Americans, but also will defeat
4) itself as a
one big family to all races.
5)
9. STATUS OF THE CASE
6)
Although a recent decision to re-strike all Plaintiff's Amended pleading
7) on the spot by
Judge Edward Jones, in realty Judge Jones's final ruling
8) on the case
was
9) ruling even
on technicalities. He had an ample chance to amend before the
10) ruling if
he wanted to protect Plaintiff's claims and defenses before they were
11) stricken on
untimely, illegal and improper motion. He also had a chance
12) to throw
the motion out of court and win by default. Rather, and after the
13) pleading
was stricken, he went on his own and withdrew all defenses and
14) counter-claims
as if he was dismissing my pleadings on my adversaries
15) behalf so
an appeal will be impossible to the case. We all know that in order
16) to file a
motion to strike, one has only 10 days to file it. ORCP
21(E). Defendant
17) allowed it
after unprecedented 128 days, the longest in litigation history.
18) 9. CONCLUSION
19)
Not only this Honorable Court should deny
Defendant motion to dismiss,
20)
but also should be declared UNCONSTITUTIOANL
on the grounds that
21) Plaintiff and all citizens of this
great country are equally protected by
22) law under
one flag and those who are promoting racism should be held liable
23) and
responsible for their illegal acts.
24) DATED:
25)//
26)//
Respectfully submitted,
9- OBJECTIONS
TO DEFENDANT'S
MOTION TO
DISMISS
Samir Taha/In pro se