Judge Carter DENIES Motion For Reconsideration...

Carter Decision

Posted on December 5th, 2009 by David-Crockett

From Carters Ruling :

After reviewing the moving and opposing papers, the Court finds no factual, legal, or bias grounds upon which to grant the motion for reconsideration. Counsel largely repeats the same arguments made in her briefing and oral argument on the Motion to Dismiss, which is prohibited. To the extent that she does present new argument, it is without merit and does not meet the standard for reconsideration. The Court’s ruling that it lacks jurisdiction, and that Plaintiffs have failed to state a claim on their remaining causes of action, stands.”

The Amended Motion for Reconsideration is DENIED.

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No bias grounds ? So hiring as your law clerk a person who works for the firm that defends Obama in all of these cases, in your opinion, does not present even the hint of bias or even unethical behavior on your part ? Unbelievable.

The courts ruling that it lacks jurisdiction. How about the fact that the court had no right to hold a trial in the first place. You, Judge Carter, violated Rule 55 of the Federal Rules of Civil Procedure. The first hearing was for a default judgment. Therefore you had to follow Rule 55 of the Federal Rules of Civil Procedure.
In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 3 days before the hearing. The court may conduct hearings or make referrals preserving any federal statutory right to a jury trial when, to enter or effectuate judgment, it needs to:

(A) conduct an accounting;

(B) determine the amount of damages;

(C) establish the truth of any allegation by evidence; or

(D) investigate any other matter.

So all you were empowered to do at that hearing was either grant the default ( which you didn’t ), deny the default ( which you didn’t ) , or conduct hearings or make referrals when to make a judgment, it needs to establish the truth of any allegation by evidence or investigate any other matter. Thus,you had no right to set a trial date. As a result, the government had NO RIGHT to file a motion to dismiss.. This should have be an investigative hearing on evidence, by you, in order to determine if default judgment should be granted. By the Federal Rules of Civil Procedure, you were not empowered to do anything else.Therefore, you Judge Carter, held an illegal trial. As far as jurisdiction goes, you did have jurisdiction and the authority to order discovery in order to determine whether to grant default judgment. But you didn’t. You moved for an illegal trial instead of issuing a subpoena Hawaii for the production of a $10 birth certificate. What possible damage or hardship could that have caused to the country ? Perhaps you already knew.

Judge Carter, you are nothing but a corrupt coward. As a former Marine, you should be ashamed of yourself. As a result of your inaction, from this day forward, you share blame in the death of any US soldier or Marine as result the inane rules of engagement forced on them by the Imposter in Chief ( not firing on the enemy until fired upon; and notifying a village in advance of entering that they are going to serch it – to name just a couple ). I hope you are happy with yourself.