Petition for Writ of Certiorari — David Louis Whitehead, Petitioner v. Netflix, et al.

No.

IN THE

SUPREME COURT OF

THE UNITED STATES

DAVID LOUIS WHITEHE

AD

Petitioner,

V.

NETFLIX INC, 1-5; et al.

,

USCA5 No. 17-30631

Respondents.

On Petition For A Writ

of Certiorari

To The United States

Court of Appeals

For The Fifth Circuit

APPENDIX EXHIBIT

S SUPPORTING

PETITION FOR WRIT

OF CERTIORARI

David Louis Whitehead

1906 Scott St.

Bossier, Louisiana 71111

(318) 820-5029

Daouddavidlouis@yahoo.c

om

TABLE OF CONTENTS

The following documents is attached exhibits and description

of documents supporting petition for Writ of Certiorari:

•

Appendix. A, USCA 5- Circuit Order filed 8/14/2017

signed by Circuit Judge W. Eugene Davis denying relief

requesting to by-pass Circuit Court on issue of subpoena

relating to Chief Judge Dee D. Drell.

• Appendix. A 1, USCA 5- Circuit Order filed 8/25/2017

signed by Circuit Panel Judges Davis, Clement and Owen

on IFP.

• Appendix. A 2, USCA 5- Circuit Order filed 10/16 2017

signed by Circuit Judges Davis, Clement, and Owen

denying relief requesting DOJ's seizure of the alleged

stolen copyright materials of the petitioner, denying

to unseal Department of Justice's investigation based

on criminal referral of Chief Mary J. Mudrick, denying

to order Netflix to state whether appellant's 30 film

proposals submitted by Attorney Allan Pesnell was

solicited, recusal of the Circuit Judicial panel and

denying to determine whether District Court Judge

Dee D. Drell should have complied with court ordered

subpoena. The Court failed to rule on reconsideration

to by-pass Appellate Process which was denied by Judge

Davis.

•

Appendix. A2b, Appeal Dismissed dated 10/16/2017.

• Appendix. A3, USDC WD. LA., Memorandum Order filed

3/28/2017 signed by Judge Drell dismissing case.

•

Appendix. A-4, USDC WD. LA., Order filed 6/29/2017

3

signed by Judge Drell, denying recusal of District Court

Judge Drell, denying unsealing the federal investigation,

to stay case, and other forms of relief.

Appendix. A-5, USDC WD. LA, Order filed 5/2/2017

signed by Judge Drell, denying motion to set aside the

Memorandum Order filed by David Whitehead.

Appendix. A-6, USDC WD. LA, Order filed 12/4/2017

signed by Magistrate Perez Montes relating to IFP.

•

Exhibit No. 1, USDC WD. LA, Order in re: Whitehead

V. Parish of Caddo, 17 CR 00306 signed by Judge Drell

on recusal matters of both cases including Whitehead v.

Netflix, 17cv225.

Petitioner reserve the right to supplement his appendix and

petition

David Louis Whitehead

1906 Scott St.

Bossier, Louisiana 71111

Date: July 3, 2018

4

App.A.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-30631

1

DAVID LOUIS WHITEHEAD,

Plaintiff —Appellant

V.

NETFLIX; JOHN DOE #1-5,

Defendants Appellees

-

Appeal from the United States District Court for the

Western District of Louisiana, Alexandria

ORDER

IT IS ORDERED that Appellant's motion to stay the

District Court and Circuit Court's proceeding on IFP and

allow the appellant to bypass the Circuit Court and directly

petition the United States Supreme Court on this case is

DENIED.

Is!_____________

W. Eugene Davis

United States Circuit Judge

App. A-i

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

NO. 17-30631

DAVID LOUIS WHITEHEAD,

Plaintiff-Appellant

V.

NETFLIX; JOHN DOE #1-5,

Defendants-Appellees

Appeal from the United States District Court for the

Western District of Louisiana, Alexandria

Before DAVIS, CLEMENT, and OWEN, Circuit Judges.

A member of this panel previously denied Appellant's motion

to stay the District Court proceedings on IFP and allow the

Appellant to bypass the Circuit Court and directly petition

the United States Supreme Court. The panel has considered

Appellant's motion for reconsideration. IT IS ORDERED

that the motion is DENIED.

App. A-2

IN THE UNITED STATES COURT OF APPEAL

S

FOR THE FIFTH CIRCUIT

NO. 17-30631

DAVID LOUIS WHITEHEAD,

Plaintiff-Appellant

V.

NETFLIX; JOHN DOE #1-5,

Defendants-Appellees

Appeal from the United States District Court for

the

Western District of Louisiana, Alexandria

Before DAVIS, CLEMENT, and OWEN, Circuit

Judges.

PER CUIRTAM:

IT IS ORDERED that the Appellant's motion to com

pel

the Department of Justice to seize copyrighted wor

ks and

unseal evidence based on copyrights relating to the

alleged

infringement and investigation is DENIED.

IT IS FURTHER ORDERED that the Appella

nt's

motion to unseal the Federal Investigation

involving over

100 judges relating to the massive theft of the

appellant's

copyrights and referral by the U.S. Attorney

's Office for the

Western District of Louisiana is DENIED.

IT IS FURTHER ORDERED that the Appella

nt's

motion to order Netflix Inc. to state whether

appellant's

30 ifim proposals submitted by Attorney Alan

Pesnell was

solicited is DENIED.

IT IS FURTHER ORDERED that the Appella

nt's

motion to determine whether District Court

Judge Dee D.

Drell should have complied with court ordered

subpoena is

DENTED.

IT IS FURTHER ORDERED that the Appella

nt's

motion to recuse Judges Priscilla R. Owen and

Edith Brown

Clement from the panel is DENIED.

App. A-2b

IN THE UNITED STATES COURT OF APPEAL

FOR THE FIFTH CIRCUIT

S

NO. 17-30631

DAVID LOUIS WHITEHEAD,

Plaintiff-Appellant

V.

NETFLIX; JOHN DOE #1-5,

Defendants-Appellees

Appeal from the United States District Court for

the

Western District of Louisiana, Alexandria

CLERK'S OFFICE:

Under 5th Cir. R. 42.3, the appeal is dismissed

as of October

16, 2017, for want of prosecution. The appellant

failed to

timely pay the filing fee.

LYLE W. CAYCE

Clerk of the United States Court

of Appeals for the Fifth Circuit

IS! Connie C Brown

By:

Connie Brown, Deputy Clerk,

ENTERED AT THE DIRECTION OF THE COU

RT

App. A-3

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

ALEXANDRIA DIVISION

DAVID LOUTS WHITEHEAD CIVILACTIO

N No. 1:17-cv-225

(SANCTIONED/BARRED)

JUDGE DRELL

MAG. JUDGE PEREZ-MONTES

VERSUS

NETFLIX, ET AL.

Il

Before the court is a Complaint filed on Jan

uary 31,

2017, by pro se plaintiff, David Louis Whi

tehead ('Plaintiff').

Plaintiff's names as defendants Netfiix and

John Does 1

through 5. Plaintiff seeks to file an "anti-tru

st and fraud

case against Defendants." This Court prev

iously ordered

the Clerk to not accept any future filings of

any kind from

Plaintiff unless the filing is first presented

to a district judge

and the judge has specifically ordered in writ

ing that the

pleading may be filed. (See Whitehead v.

White & Case. LLP

et al. 5:12-cv-399.) Plaintiff requests perm

ission to file this

current suit.

Plaintiff requests that this Court "allow a

practicing

attorney to file his case with leave of the cou

rt,"attaching

a letter from attorney Alan Pesnell who app

arently

represented Plaintiff to defendant Netfiix

to entice Netfiix to

produce Plaintiff's ideas for several movies.

(Attorney Pesnell

has not filed for Plaintiff in this current suit

.). Plaintiff also

provided exhibits that show he sent a lette

r to the Federal

Trade Commission regarding the "alleged

antitrust violations

of Netflix." Plaintiff's current suit resembles

other suits filed

around the country and in this Court in whic

h he brought

claims against numerous movies production com

panies,

actors in movies and various other entertainmen

t-oriented

contending that these defendants committed

"conspiracy and

due process violations to steal the plaintiff's copy

right works,

and prohibit the plaintiff from pursuing his copy

right and

discrimination claims in court, in violation of

due process of

law." See Whitehead v. White & Case, L L P,

et al, 5:12-cv399. This Court entered a Judgment in the prev

ious case

which was dismissed for failure to state a claim

on which

relief may be granted. In that same Judgment,

the Court

sanctioned Plaintiff, ordering the Clerk of Cou

rt "to decline

any civil complaint filed by David Louis Whitehe

ad unless

the complaint has been presented first to a distr

ict judge

of this court and the judge has specifically auth

orized in

writing that the complaint may be filed." Reco

rd Document

#45, Whitehead v. White & Case, 5:12-cv-399

. In this same

case filed on appeal, the Fifth Circuit Court of

Appeals also

warned Plaintiff of filing repetitive or frivolous

filings which

could result in sanctions. David Whitehead v.

White & Case,

L.L.P., et a!, No. 14-31224 (5th Cir.), January

8, 2016. A

second warning was later issued by this Cou

rt in that same

case, barring Plaintiff from filing any proceedi

ngs without

first seeking this Court's approval. Record Doc

ument #148,

Whitehead v. White & Case, 5:12-cv-399.

This Court has also more recently sanctioned Plaintiff

again in Whitehead v. FedEx, 10-cv-1120, ordering him

to

pay a monetary sanction in the amount of $100.00 to

the

Clerk of Court. The Clerk was again "directed not to acce

pt

any additional filings from Plaintiff until the sanction

is paid

unless Plaintiff first obtains leave of Court." (See Reco

rd

Document, #68)

Plaintiff's current complaint appears to present the

same issues as in the previous suit filed in this court and

in other courts across this country concerning allegation

s

against movie production companies and similar comp

anies.

This court has authority to dismiss a suit that is dupl

icative

of another federal court suit as part of general power

to

administer its docket unless there are special circumsta

nces

to favor the second suit. Cambridge Toxicology Group.

Inc.

v. Exnicios, 495 F.3d 169, 178 (5th Cir. 2007). In this case,

Plaintiff's current complaint appears to be a duplicate

of

Plaintiff's prior frivolous suit in this Court and in other

courts across this country and should be dismissed..

ACCORDINGLY,

IT IS ORDERED that the

Complaint filed David

Louis Whitehead on Janu

ary 31, 2017, be and is he

reby

STRICKEN FROM THE RE

CORD and this case CLOS

ED.

IT IS FURTHER ORDERE

D that the Clerk of Cour

t

shall accept no further fili

ngs of any kind from David

Louis

Whitehead until the mone

tary sanction of $100.00

imposed

in Case No. 10cv-1120 is

paid in full.

Alexandria, Louisiana, th

is 28th day of March, 2017

Is'

.

DEE D. DRELL, CHIEF

JUDGE

UNITED STATES DISTRI

CT COURT

App. A-4

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

ALEXANDRIA DIVISION

DAVID LOUIS WHITEHEAI) CIVIL ACTION No.

1:17-cv-0225

(SANCTIONED/BARRED)

JUDGE DRELL

MAG. JUDGE PEREZ-MONTES

VERSUS

NETFLIX, ET AL.

ORDER

On June 17, 18 and 27, 2017, pro se plaintiff,

David

Louis Whitehead ('Plaintiff') filed several mot

ions

including Motions to Stay, for Recusal, to Uns

eal and for

Reconsideration of Stricken Motions. (Record

Documents

21, 23, 24, 26, 27 and 32). On June 23, 2017,

Plaintiff also

filed an "Emergency Motion to Deny IFP App

lication Due

to Admitted Error and Incomplete Record Data

, Leave to

Correct Mistakes" and an "Amended Emergen

cy Motion to

Withdraw his Emergency Motion to Deny IFP

Application

Due to Admitted Error and Incomplete Record

Data" which

both seem to concern his appeal. (Record Doc

uments 29 and

30).

A Memorandum Order was entered closing this

case

on March 28, 2017. (Record Document 3) Plai

ntiff filed a

Notice of Appeal and Motion to Proceed In Form

a Pauperis

on appeal but he moved to withdraw his appeal

which was

granted by the Fifth Circuit Court of Appeals

by Mandate

issued on June 21, 2017. (Record Document

28) However,

just last week, Plaintiff filed the two Emergen

cy Motions

concerning his IFP on appeal. (Record Documents 29

and

30) These motions are moot now that the appeal has

been

dismissed. Plaintiff also files a Motion for the Cour

t to

reconsider the striking of Documents 17, 18, and 19.

This

Court denies the Motion to Reconsider.

Even though this case is closed, Plaintiff continues

to file other miscellaneous motions to stay, for recusall

and

to unseal. Because this case is closed, no more docu

ments

except those regarding the appeal may be filed in it.

Plaintiff has been warned repeatedly in other cases

that

if he continued to file frivolous motions, his ban on

filing

new civil suits may be extended to the filing of moti

ons and

other submissions in his existing cases. (See Case No.

10cv-1120, Record Document 68) Plaintiff is therefore

warned

that making any future filings in this closed case (exce

pt

regarding the appeal) will result in the pleadings bein

g

docketed for administrative purposes only.

ACCORDINGLY,

IT IS ORDERED that the Motion to Stay, Motion for

Recusal, Amended Motion for Recusal, Motion to Unse

al,

Amended Motion to Unseal and Motion for Reconsid

eration

(Record Documents 21, 23, 24, 26, 27 and 32) filed

by David

Louis Whitehead are DENIED.

IT IS FURTHER ORDERED that the "Emergency

Motion to Deny IFP Application Due to Admitted Erro

r and

Incomplete Record Data" and "Amended Emergency

Motion

to Withdraw his Emergency Motion to Deny IFP Appl

ication

Due to Admitted Error and Incomplete Record data

" (Record

Documents 29 and 30) are DENIED AS MOOT.

IT IS ALSO ORDERED that the Cle

rk of Court shall accept

no additional filings from David Lou

is Whitehead until the

monetary sanction of $100.00 impose

d in Case No. 10-cv1120 is paid in full.

IT IS FURTHER ORDERED that any

future pleadings

attempted to be filed in this case wil

l result in the filing

being docketed for administrative pur

poses only. This case is

closed and remains closed.

THUS DONE AND SIGNED in Ale

xandria, Louisiana,

this 29th, day of June, 2017.

IS'

DEE D. DRELL, CHIEF JUDGE

UNITED STATES DISTRICT COUR

T

App. A-5

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

ALEXANDRIA DIVISION

DAVID LOUIS WHITEHEAD CIVIL ACTION No.

(SANCTIONED/BARRED) JUDGE DRELL

VERSUS

1:17-cv-00225

MAGISTRATE JUDGE PERE2-MONTES

NETFLLX, ET AL.

ORDER

This case was filed by pro se plaintiff, David Loui

s

Whitehead, and closed by Memorandum Order

on March

28, 2017. Whitehead now files an Amended Com

plaint and

Motion to Set Aside the Memorandum Order. As

already

noted in the Memorandum Order which closed

this case,

Whitehead's Amended Complaint appears to pres

ent the

same issues as in the previous suits filed in this

court and in

other court's across this country and should be

dismissed.

ACCORDINGLY,

IT IS ORDERED that the Motion to Set Aside the

Memorandum Order filed by David Louis Whitehe

ad be

Denied. This case remain closed.

IT IS FURTHER ORDERED that the Clerk not

accept

any more filings of any kind from David Louis

Whitehead

until he pays the monetary sanction imposed on

him in Case

No. 10-cv-.1120.

Alexandria, Louisiana, this 2nd day of May 2017

.

IS'

DEE D. DRELL, CHIEF JUDGE

UNITED STATES DISTRICT COURT

App. A-6

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

ALEXANDRIA DIVISION

DAVID LOUIS WHITEHEAD CIVIL ACTION No. 1:17-cv-225

(SANCTIONED/BARRED)

JUDGE DRELL

VERSUS

MAG. JUDGE PEREZ-MONTES

NETFLD(, ET AL.

ORDER

Whitehead's Motion to Proceed in Forma Pauperis on

Appeal (Doc. 12) is DENIED as moot. Whitehead voluntarily

dismissed the appeal (Doe. 28).

THUS DONE AND SIGNED in chambers in

Alexandriz, Louisiana on this 4th day of December 2017.

IS'

Joseph H.L. Perez-Montes

United States Magistrate Judge

EX-1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

ALEXANDRIA DIVISION

DAVID LOUIS WIIITEHEAD CIVIL ACTION

No. 1:17-CR-00306

(SANCTIONED/BARRED) JUDGE DRELL

-VS-

NETFLIX, ET AL.

MAGISTRATE JUDGE PEREZ-MONTES

i) DW

The motion by Mr. Whitehead for recusal of

the

undersigned is Denied. (Doc. 12). The undersi

gned Chief

Judge has NO interest in, is not related to,

and has no

conflict of interest concerning Travelers Insu

rance Company

nor in the so called "Hollywood studios and

lenders."

Mr. Whitehead is hereby WARNED that futu

re false

or malicious misrepresentation concerning

the undersigned

may result in sanctions and/or contempt of

court. His

"Affidavit" (Doc. 12-1) contains multiple mis

representations

and false accusations.'

SIGNED on this 2nd day of May, 2017 at Alex

andria,

Louisiana.

IS!

DEE D. DRELL, CHIEF JUDGE

UNITED STATES DISTRICT COURT

1 Decision by this judge is appropriate. See

The Chitimacha Tribe

of Louisiana v. Harry L. Laws Co. Inc., 690 F.2d

1157 (5th Cir. 1982),

United States v. Jordan, 49 F.3d

152 (5th Cir. 1995), and Lair

d v. Tatum,

409 U.S. 823 (1972).