My last post cited the content of objections filed to the Findings and Recommendations of US District Court Magistrate Judge Lynch. Prior to filing the objections, I had filed for an extension of time to file the objections (requesting the weekend only) and an extension of time upon the order of Judge Lynch to file a second amended complaint pending the de novo review of the objections, a filing that would have essentially forced me to voluntarily dismiss the majority of my claims against the corrupt individuals in Kalispell and Helena, Montana. On March 15, 2010, Judge Lynch granted the extension of time for the filing of the objections, denied the extension of time for filing of a second amended complaint, and ordered a second amended complaint filed by March 25, 2010.
Essentially, what the US Magistrate Judge is doing is acting to quash the claims against the rogue authorities in Montana. And previous experience has told me that Judge Donald Molloy, the actual appointed US District Court Judge, is the one setting the agenda in this area. The US District Court of Western Montana has been acting to quash my claims against the corrupt officials in Montana now for four years. Whether this agenda is based off of the Republican mindset of corporate run government or some personal defense of the state-wide Good Ol' Boy system, I cannot say. However, the end result is the same: there is not justice in any court located geographically within the state of Montana, even those supposedly separated from state government. Incidentally, I have once before attempted to file a complaint against Judge Molloy with the US District Court of Appeals in California for legislating from the bench and depriving indigent persons right of access to the courts indiscriminately, only to have even the Court of Appeals defend him.
A US District Court Magistrate has no lawful authority to issue orders or quash claims (pursuant to 28 USC Section 636); He can only provide findings and recommendations for review by the actual District Court Judge, in this case, Donald Molloy. Since I cannot realistically be expected to dismiss my claims prior to the lawfully entitled de novo review of my objections, especially not upon an unlawful order, I have filed the following objection with the court to the unlawful order issued by Judge Lynch:
24 1st Avenue West #105B
Kalispell, MT 59901
(406) 257-0479 / 871-3893 (cell)
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF MONTANA
Ron Glick, ) Cause No.
Plaintiff, ) Objections To The Court's Order of ) of March 15, 2010
Eleventh Judicial District Court of )
Montana, et al, )
Comes now Plaintiff, pro se herein, to object to the United States Magistrates March 15, 2010, Order, and to wit:
The Court has issued an order contrary to law, and Plaintiff hereby objects to the enforcement thereof. Pursuant to 28 USC Section 636(b)(1)(A), a magistrate judge has authority “to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action.” Pursuant to 28 USC Section 636(b)(1)(C), a magistrate judge is required to submit his recommendations to the Court. At no point may a magistrate judge issue an order quashing a claim or action. In fact, the only authority a magistrate has in issuance of orders is concerning the release or detention of persons pending trial (28 USC Section 636(a)(2)).
As consequence of the foregoing, the magistrate judge's order compelling Plaintiff to file a second amended complaint on or before March 25, 2010, and in doing so dismiss the majority of his claims pending review by the court through his timely filed objections, is clearly contrary to law, and Plaintiff is entitled to a full review by the court prior to enforcement of any such order issued by the magistrate judge in this cause.
WHEREFORE, Plaintiff does hereby object to the order issued by the magistrate in this cause and respectfully requests of the court to conduct a de novo review, as required by 28 USC Section 636(b)(1), of Plaintiff's objections prior to enforcing any order compelling Plaintiff to file any further amended complaints, and to provide Plaintiff his constitutional right to appeal pending disagreement with said review.
Plaintiff above named does hereby attest under penalty of perjury that the foregoing is true and correct to the best of his ability to present and that this is respectfully submitted on the 24th day of March, 2010.
Ron Glick, Plaintiff