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Albert and Francis v. Watkins Glen International

December 23, 2010

ALBERT AND FRANCIS, PLAINTIFFS,
v.
WATKINS GLEN INTERNATIONAL, INC, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Siragusa, J.

DECISION & ORDER

This matter is before the Court on Plaintiffs' "Notice of Prejudice," sent to the Court by fax machine on December 15, 2010, at 1:04 PM. In it, Plaintiffs make the following requests:

(8) We PREFER that you IMMEDIATELY DEMONSTRATE that you ARE and will be at an times hereafter IMPARTIAL by at least the following:

(a) DIS-regard the original, un-served Complaint - which is irrelevant.

(b) DIS-regard the original, un-served TRO - which is irrelevant.

(c) READ ONLY the amended, served Complaint v. fifteen Defendants.

(d) READ ONLY the November 24, 2010 TRO and un-rebutted, prima facie documentary evidences of public record attached thereto.

(e) WEIGH the FACTS OF RECORD: that all fifteen of the Defendants were served with the TRO on November 24, 2010; that not one of fifteen Defendants responded to or rebutted ANY of the documentary evidences attached to said TRO - nor can they do so; that your "ORDER" does not address and is not directed to nor is it captioned in accord with the TRO of November 24, 2010.

(f) RE-VIEW your "ORDER" of December 7, 2010 impartially against ALL the aforementioned FACTS OF RECORD.

(g) GRANT Plaintiffs the TRO based on the PAPERS BEFORE YOU:

(i) Plaintiffs' TRO of Nov. 24~ 2010 and unrebutted prima facie documentary evidences of public record attached thereto.

(ii) Defendants "non appearance" - ie failure of fifteen defendants to answer, rebut or object in any way to Plaintiffs' TRO.

(h) If you are UNABLE to act IMPARTIALLY and UNABLE to IMPARTIALLY and sua sponte amend any "errors" you may have made, then Please recuse yourself IMMEDIATELY and allow us IMMEDIATE access to impartial due process / redress.

(i) PLEASE Forward the enclosed Criminal Complaint and DVD to any and all officials you know should be apprised of same as is required of your office upon receipt of documentary and video evidences of crimes against the United States. ("Notice of Prejudice" at 5--6.) For the reasons stated below, Plaintiffs' requests are denied and the case is dismissed.

BACKGROUND

On October 28, 2010, Plaintiffs filed their complaint. On November 2, 2010, the Court entered its first Order denying preliminary injunctive relief. On November 19, 2010, Plaintiffs filed their amended complaint, and on November 24, 2010, moved for a temporary restraining order. On December 8, 2010, the Court denied the temporary restraining order application. On December 9, 2010, defendants James P. Coleman, County of Schuyler, Thomas Gifford, Michael Notarfonzo, Nancy A. Peters, Schuyler County Sheriff's Department, Breck Spaulding, Margaret Starbuck, William Yessman, filed an answer. Additionally named as defendants in this lawsuit ...


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