No. 19-7701

Larry Douglas Kerns v. Mathew J. Wenner

Lower Court: Ninth Circuit
Docketed: 2020-02-19
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: certificate-of-service civil-procedure civil-rights default-judgment due-process erisa erisa-preemption fraud fraud-on-court judgment-by-default mail-fraud rico rico-act standing
Key Terms:
Arbitration ERISA
Latest Conference: 2020-06-25 (distributed 2 times)
Question Presented (AI Summary)

Will this court overturn the 9th circuit's denial of proven fraud on the district court and denial of Mr. Kerns' request for judgment by default?

Question Presented (from Petition)

QUESTION(S) PRESENTED (1) Will this court overturn, 9th circuit’s: case No. 18-56048 -11/12/2019 dkt No. 49 final Order’s: Denial of PROVEN Fraud on District Court and Denial of Mr. Kerns’ REQUEST for court to Grant Mr. Kerns Judgement by Default of his demand amount? Because: No LEGAL Certificate of Service; EXIST, regarding: Answer to U. S. District court’s case no. 3:16-cv-02438 09/28/16 Dkt No 1; Complaint: So: Will this Court Honor U.S. District court’s case no. 3:16-cv-02438 09/28/16 Dkt No. 2; Summons: by Granting Judgement by Default to Kerns; Fed. Rule 55(b) (2). See [Case: 18-56048, 09/24/19, ID: 11442153, DktEntry: 46, Pages 43 thru 60) (2) Will this court Rule: alll defence in this case; is a Trespasser on the Court, and Void; due to Fraud on court? (3) Will this court Overturn: U. S. Court of Appeals for the Ninth Circuit, Case Number 18-56048: dkt. No.: 35 Memorandum; Affirming; U. S. District Court; Southern District of CA (San Diego’s): case # 3:16-cv-02438; 07/24/2018 Dkt No. 208 ORDER; Granting Summery Judgment to Mr. Wenner? (a) District Court; 208 Order; is the result of: Fraud on the U. S. District Court, Obstruction of Justice, Aiding and Abetting, Bias, Abuse of Power, and Violations of Mr. Kerns’ Constitutional Civil Rights: that Mr. Kerns Reported by Mail, to the United States Court of Appeals for the Ninth Circuit’s, Chief Judge Sidney Thomas; and was Officially entered on the 9th Circuit’s Docket; (dkt. no. 46); by the court; 2-3 days after Kerns mailed it. (b) The United States Court of Appeals for the Ninth Circuit: 07/24/2019 Docket Number 35; Memorandum’s conclusions: Demonstrate, Fraud on the United States Court of Appeals for the Ninth Circuit. Plus: knowingly Counterfeiting; a new cause of action to Replace the Causes of Action on Mr. Kerns’ Actual Complaint. (c) Fraud on the United States Court of Appeals for the Ninth Circuit; By: Judge William Q. Hayes, Judge William V. Gallo, Wilson, Elser, Moskowitz, Edelman & Dicker LLP , and their Attorney Robert Anderson; for (Fraudulently) portraying Mr. Kerns: as an ERISA Participant; after Truthfully stating, in The same documents; that Mr. Kerns was paid Pension benefits; retroactive to October 2003; which Proves Mr. Kerns Officially Retired In 2003, and has not been a Participant since. (d) Mr. Kerns Did Provide; adequate Americans with Disabilities Act information and Violations Evidence (e) No (Mandatory by Law) Certificate of Service exist; for the (above) Dkt No. 208 ORDER. (f) Even if: Kerns WAS an ERISA Participant: ERISA’s so-called Authority: only Preempts State RELATED Actions. Unless King ERISA; preempts the entire Federal Government, Planet Earth, and the Universe. (4) See: [Case 3:16-cv-02438 Document 1 Filed 09/28/16 PageID.10Pages 1 thru 10]; What are Causes of this Action? Did I demand Jury Trial;? Do; 18 U.S.C. § 1346 Mail Fraud and Section 1964(c); RICO Act: Apply? (5) Will this Court Uphold Title 18 U.S.C. § 4. and Title 28 U.S.C. § 1361 (With Sanctions); and Report Fraud on both courts to U.S. Attorney General Barr; Urging prosecution?

Docket Entries

2020-06-29
Rehearing DENIED.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-05-13
Petition for Rehearing filed.
2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-02-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2020)

Attorneys

Larry Kerns
Larry Douglas Kerns — Petitioner
Larry Douglas Kerns — Petitioner