Pro Se Petition to Ninth Circuit for Oral Argument for Case 08-15927

To:  U.S. Ninth Circuit Court of Appeal

I, a pro se litigant, petition the Ninth Circuit Court of Appeal to grant ORAL ARGUMENT in his case against two large corporations.

At the district court, the judge told me to "cease and desist" from filing papers before the court. The following was the exchange afterwards (transcript):

MR. YUE: WHAT'S THE COURT'S LEGAL RATIONALE FOR THAT?
THE COURT: THAT IS THE RATIONALE, AND THAT'S THE STATEMENT.
MR. YUE: FOLLOWING RULES OF CIVIL PROCEDURE –
THE COURT: MR. YUE, I AM GOING TO HAVE YOU TAKEN OUT IF YOU DON'T BE QUIET.

The district court entered final judgment against Dr. Yue. He is now appealing to the Ninth Circuit (Case Number 08-15927).

The following is his request submitted to the Ninth Circuit:

/****** REQUEST AT THE NINTH CIRCUIT

Plaintiff-Appellant is a copyright owner and computer programmer of Asian origin. He alleges 10-count copyright infringement of his software by Sun Microsystems, Inc., et al. His pro se complaint was supported by hard evidence of infringement, but the district court dismissed the action without a hearing.

Plaintiff-Appellant believes that oral argument should be held because of the following reasons.
1. The appeal raises very important questions on Due Process rights of pro se litigants in federal courts. The district court forbade Plaintiff-Appellant to speak in court. It quickly dismissed the Plaintiff-Appellant’s complaint without leave to amend before a responding pleading was ever filed by Defendants and before four of seven defendants were served process.

2. Plaintiff-Appellant never had his day in court on the merits of any of his 10-count copyright claims; he should have his day in court on appeal. The judgment below was based on virtual representation in another case to which Plaintiff-Appellant was a non-party. Before Plaintiff-Appellant filed his own complaint, he requested to join that case and but the district court disallowed the joinder request.

Plaintiff-Appellant requests that he be given the opportunity to argue his cause before the Judges of this Honorable Court.

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Please support my Petition to the Ninth Circuit.

My education background:
Doctor of Philosophy (Univ. of Minnesota, Twin Cities)
Master of Computer Science (Univ. of Minnesota, Twin Cities)

Sincerely,

The Undersigned

The Pro Se Petition to Ninth Circuit for Oral Argument for Case 08-15927 Petition to U.S. Ninth Circuit Court of Appeal was created by American-Justice.org and written by Dr. D. Yue (dxyue@yahoo.com).  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.