Petition for Writ of Certiorari — Palani Karupaiyan, Petitioner v. L. Naganda, et al.
Supreme Court briefDec 14, 2022
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22IN THE
FILED
SUPREME COURT OF THE UNITED
* 2022
■OFFJOE-TMVR-!E CLERK
SUPREME COURT, U.S.
PALANI KARUPAIYAN; P. P.; R. P. -Petitioners
v.
L. NAGANDA, individually and in his official capacity as Owner of
Naga Law Firm; NAGA LAW FIRM; J. RAMYA; P.
JAYABALAN; J. RANJEETHKUMAR; ARUL
THIRUMURUGU; ATLANTIC REALTY DEVELOPMENT
CORP; MIDDLESEX MANAGEMENT INC; OAK TREE
VILLAGE; DAVID HALPERN, individually and in his official
capacity as CEO, Owner of Atlantic Realty Development Corp,
Middlesex Management, Oaktree Village; D&G TOWING;
GLENN STRAUBE, individually and in his official capacity as
owner of D&G Towing; Judge MARCIA SILVA, individually
and in her official capacity as Judge of the Superior Court,
Middlesex County, NJ; Judge CRAIG CORSON, individually
and in his official capacity as Judge of the Superior Court,
Middlesex County, NJ; Judge JERALD COUNCIL,
individually and in his official capacity as Judge of the
Superior Court, Middlesex, NJ; Justice STUART RABNER,
individually and in his official capacity as Chief Justice of
Supreme Court of NJ; Justice JAYNEE LA VECCHIA,
individually and in her official capacity as Justice of Supreme
Court of NJ; Justice BARRY T. ALBIN, individually and in his
official capacity as Justice of the Supreme Court of NJ; Justice
ANNE M. PATTERSON, individually and in her official
capacity as Justice of the Supreme Court of NJ; Justice
FAUSTINO J. FERNANDEZ-VINA, individually and in his
official capacity as Justice of the Supreme Court of NJ; Justice
LEE A. SOLOMON, individually and in his official capacity as
Justice of the Supreme Court of NJ; Justice WALTER F.
TIMPONE, individually and in his official capacity as Justice
< of the Supreme Court of NJ; Judge GLENN GRANT,
„ v individually and in his official capacity as Administrative
Director of the Courts of the State of New Jersey; Judge
ALLISON E. ACCURSO, individually and in her official
capacity as Judge of Appellate Division of NJ; Judge PATRICK
DEALMEIDA, individually and in his official capacity as
Judge of the Appellate Division of NJ; Judge JOSEPH L.
YANNOTTI, individually and in his official capacity as Judge
of the Appellate Division of NJ; COUNTY OF MIDDLESEX;
STATE OF NEW JERSEY; TOWNSHIP OF EDISON
— Respondents
PETITION FOR WRIT FOR CERTIORARI
to the United States Court of Appeals
for the Third Circuit,
Palani Karupaiyan.
Pro se, Petitioner,
c/o Pravin
110 Caton Ave, #2M
Brooklyn, NY 11218
nalanikav@gmail.com
212-470-2048(m)
■)
j
I.
QUESTIONS PRESENTED
Petitioner’s reliefs were prayed as Writ of Mandamus or Prohibition or
alternative so the questions were part of three test condition of the Writs.
II.
PARTIES TO THE PROCEEDING
All parties appear in the caption of the case on the cover page.
L. NAGANDA, individually and in his official capacity as Owner of Naga Law Firm;
NAGA LAW FIRM; J. RAMYA; P. JAYABALAN; J. RANJEETHKUMAR; ARUL
THIRUMURUGU; ATLANTIC REALTY DEVELOPMENT CORP; MIDDLESEX
MANAGEMENT INC; OAK TREE VILLAGE; DAVID HALPERN,
individually and in his official capacity as CEO, Owner of Atlantic Realty
Development Corp, Middlesex Management, Oaktree Village;
D&G TOWING; GLENN STRAUBE, individually and in his official capacity as
owner of D&G Towing; JUDGE MARCIA SILVA, individually and in her official
capacity as Judge of the Superior Court, Middlesex County, NJ;
JUDGE CRAIG CORSON, individually and in his official capacity as Judge of the
Superior Court, Middlesex County, NJ; JUDGE JERALD COUNCIL,
individually and in his official capacity as Judge of the Superior Court, Middlesex,
NJ; JUSTICE STUART RABNER, individually and in his official capacity as Chief
Justice of Supreme Court of NJ; JUSTICE JAYNEE LA VECCHIA, individually and
in her official capacity as Justice of Supreme Court of NJ; JUSTICE BARRY T.
ALBIN, individually and in his official capacity as Justice of the Supreme Court of
NJ; JUSTICE ANNE M. PATTERSON, individually and in her official capacity as
Justice of the Supreme Court of NJ; JUSTICE FAUSTINO J. FERNANDEZ-VINA,
individually and in his official capacity as Justice of the Supreme Court of NJ;
JUSTICE LEE A. SOLOMON, individually and in his official capacity as Justice of
the Supreme Court of NJ; JUSTICE WALTER F. TIMPONE,
individually and in his official capacity as Justice of the Supreme Court of NJ;
JUDGE GLENN GRANT, individually and in his official capacity as Administrative
Director of the Courts of the State of New Jersey; JUDGE ALLISON E. ACCURSO,
individually and in her official capacity as Judge of Appellate Division of NJ; JUDGE
PATRICK DEALMEIDA, individually and in his official capacity as Judge of the
Appellate Division of NJ; JUDGE JOSEPH L. YANNOTTI, individually and in his
official capacity as Judge of the Appellate Division of NJ; COUNTY OF
MIDDLESEX; STATE OF NEW JERSEY; TOWNSHIP OF EDISON
III.
RELATED CASE(S)
USCA3’s docket# 22-2949, Palani Karupaiyan et al v. Twp of Woodbridge et
al is Parallel dockets which is pending in USCA3
1
t-
IV.
TABLE OF CONTENTS
Contents
L QUESTIONS PRESENTED............
l
II.
1
PARTIES TO THE PROCEEDING
III. RELATED CASE(S)
l
IV. TABLE OF CONTENTS
ll
V.
INDEX TO APPENDICES
VI.
TABLE OF AUTHORITIES
VI
vil
VII.
PETITION FOR WRIT OF CERTIORARI..................................... 1
VIII. Opinion(s)/orders/Judgment(s) BELOW (from Dist Court and
USCA3)......................... ............................................................. ................ 1
IX. JURISDICTION....... ......................................................................... 2
X.
CONSTITUTIONAL and STATUTORY PROVISIONS INVOLVED
2
XI. STATEMENT OF THE CASE
4
a)
Before Dist Court Proceeding (Parallel family cases in New Jersey and
4
India)..................... .............................. ................ ...........................................
At District Court Proceeding.................................................................
5
c) At USCA 3rd Cir. Proceeding....................................................................
6
b)
All Writs Act, 28U.S.C. § 1651(a).........................................
7
XIII. NJ Judicial Authorities illegal wrongdoings against
Petitioners By outside scope of their Judicial Duty...................
7
XIV. Petitioner’s Parenting rights..............................................
7
XII.
XV.
Petitioner praying declarative/injunctive reliefs in the
LOWER COURT BY FOLLOWING..........................................................................
8
XVI. Why USCA3 was not able to grant the Appellant’s
Writs/Injunction(s) reliefs.............................................................
9
11
}
XVII.
a)
USSC’s Writ against USCA/Dist Court..................................
9
Against Any Judicial authority (Including NJ authority)..................
9
XVIII.
USSC’s Rule 20.1 and Rule 20.3...............................................
XIX.
Three test Conditions for grant the Writ (of Mandamus,
9
PROHIBITION OR ANY ALTERNATIVE)....................................................................... 10
XX.
REASONS FOR GRANTING THE WRIT..................................... 11
a)
Grant Children Custody, Invalidated Judgement of divorce-JOD 0,
Invalidating Final Restraining Orders FROs, and Validate Indian family
Court Order.................................................................................................................. 11
b)
Issue an order to Indian Supreme Court to dismiss and close the docket
IS OJASWA PATHAK VS. UNION OF INDIA, Dkt# W.P.(C) No. 000250 - / 2019.12
c) Writ against New Jersey for..........................................................................
13
1. Order that NJ govt should not appoint NJ Supreme Court justices and
Chief Justice of NJ Supreme court should not appoint/Promote NJ Supreme
Court justice, NJ appellate court Judge, and Administrative Director of the
Courts of NJ Courts and appoint 22 NJ Supreme Court Justices thru Collegium
Process
13
2. Remove the New Jersey Supreme Court Justices, NJ appellate/family court
Judges defending the Petitioner in the case and Jail them 21 years.................. 15
3. Shared Children Custody and NJ should not violate Parents disability in
grating children Custody............................................................................................ 16
4. Acceptable form(s) of Child Support and Save the child support money to
Child need............................................ ......................................................................... 16
5. i) Family Properties inheritance to Children, ii) No lawyer fee from family
properties, Disclose/open to public family court lawyer fee.................................. 17
6. NJ family court records should not be under seal and No Property
matter/financial matter disclosure discussed in Family Court............................ 17
d)
Writ against NJ Judicial authorities................................................... 18
7. i) NJ Judicial Authorities involve in family case should get mental fitness
certificate yearly, ii) NJ Judicial authorities’ Yearly Financial disclosure
Statement to be Open to public, iii) NJ Judicial Authorities to file timesheet for
every 15 minutes of their duty...............................................................................
18
8.
Order NJ Supreme Court to provide a copy of Ramya’s Response brief..... 19
111
9
9. NJ Supreme Court should not hire proxy peoples India file case in Indian
Supreme Court to strike down the Indian family law based on Petitioner Indian
family court................................... .......................... .......... ...................................... . 19
10. Remove the NJ family/appellate court Judges, and NJ Supreme Court
Justice who are respondents in this case, grant permanent Restraining order
against these NJ Judicial Authorities to protect the Petitioners and Ramya and
20
invalidate all the orders they signed
e)
against New Jersey......................
21
11. i) Trial by Juries in family courts, ii) Strike down lawless family court and
. create Civil family law iii) Equal rights to men in family court........................ 21
12. Consolidate the NJ family court (lawless, kangaroo court), NJ Law
division civil court and Landlord/Tenant court..................................................... 22
13. i) No gun carrying Police involve in family matter, ii) No arrest to the
people who need medical treatment, iii) no township police overtime.............. 23
14.
Expungement of FROs/arrest/jailing records.............................................. 23
15.
New Jersey has no more Jurisdiction for Petitioner family matter........ 24
16.
Deduct 20% from NJ Law makers to pay the Petitioners loss................. 24
17. Move the Middlesex County’s Court and Childsupport probation
employees in to NJ payroll....................................................................................... 25
18.
Order to cut 80% of federal funds to NJ and its Local govt.......... ........... 25
Writ(s) against Middlesex County, NJ.......................................................... 26
f)
19. Middlesex County NJ to pay $42 million dollar for collecting child support
26
illegally....................................................................................................................
g)
Against all Individual defendants/respondents................................
27
20. Jailing L. Naganda, P. Jayabalan; J. Ranjeeth Kumar, Arul
Thirumurugu, David Halpern, Marcia Silva, Craig Corson, Jerald Council,
Stuart Rabner, Jaynee la Vecchia, Barry t. Albin, Anne m. Patterson, Faustino
j. Fernandez-Vina, Lee a. Solomon, Walter f. Timpone, Glenn Grant, Allison e.
Accurso, Patrick Dealmeida, Joseph 1. Yannotti for 21 years AND Restraining
27
order against these Individuals.............................
h)
21.
Writs against the Landlord respondents
27
Money Relief to Children by Landlord......
27
22. Landlord to pay $50 million to pay the Petitioner for leasing inhabitability
28
apartments.
IV
23. Order that assign the ownership of Landlord any and all business
including Atlantic reality, ownership of any and all rental apartments, Landlord
Halpern’s ownership building to the Petitioners..............................................
29
i)
Writs against Lower Federal Courts.......................................................
30
24. Order lower court (Dist Court) to run the case as combined civil and
criminal case when remanded.............................................................................
30
25.
Lower Court (USCA3) failed to vacate the Sua sponte dismissal of SAC. 30
26.
Appoint i) Guardian ad litem and/or pro bono attorney
j)
31
Additional............................................................. :............................................
34
27. Order for each respondents to pay the Petitioner(s) for each count of
discrimination, wrongdoings, injuries and so on...............................................
34
28. Order the Local Govts and NJ Judicial Authorities to pay as per the
exhibits attached to the Minor Petitioner marriage expense..........................
34
29. Order the each defendant to pay for the Petitioners’ effort, pain and
suffering, expenses, litigation cost or pain and suffering by litigation..........
35
XXL
CONCLUSION
36
V
V.
INDEX TO APPENDICES
Vol-I
App.01
1. USCA3 -Order of Appeal - Oct 2 2022
App.06
2. USCA3 — Judgment...............................
3. Dist Ct Sua Sponte Whereas Opinion SAC-05/20/2022 ECF-56... App-08
4. Dist Ct Sua Sponte Order Dismiss SAC 05/20/2022.. ECF-57.... App-14
5. Order denied for Appoint Pro Bono attorney or
App-16
Guardian ad litem-Ecf-65
6. Order Denied (Jun 8 2022) for Permanent injunction,
declarative order motions (ECF-59,63).......................................... App.18
7. USCA3’s denied
(1) Motion filed by Appellant for Permanent Injunction and
Declarative Order Reliefs - Reconsiderations (ECF-59)
(2) Motion filed by Appellant Request for a Stay New Jersey
to Appoint NJ Supreme Court Justices
(3)Motion filed by Appellant Requesting to Stay the
Appeal until U.S. Supreme Court decide the Appellants'
Petition for Rehearing..................................................................... App.20
8. USCA3’s Order denying Rehearing and En Banc........................ App.21
Vol-II
App.23
9. Order Denied for 3rd amended Complaint —ECF-43
Opinion Dismiss FAC, denied Perm Injunction ECF-44 ... App.25
10.
Order Dismiss FAC, denied Perm Injunction ...ECF-45 .... App.31
11.
App.33
Order dismiss the complaint in-part ECF-3
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Final Restraining order - Sep 2015..........
Judicial fraud consolidated order —Letter .
Judicial fraud consolidated order...............
Ex-parte Amended FRO...............................
Ex-parte Judgment of divorce —JOD...........
India Family Court Petition (English copy)
India family Court final order............ ........
India family final order English...................
False arrest and locking — Jun 2017..........
False jailing Sep 2018....................................
False jailing Sep 2018- $10k paid................
VI
app-34
app-38
app-39
app-40
app-46
app-50
app-54
app-56
. app-58
app-59
app-60
i
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
False Jailing Jan 2020................ .
app-61
Kids’ passport cancelation............
. app-68
Children best interest evaluation
app-70
NJ Judges compensation to Plaintiff(s)...........
app-72
Landlord compensation to plaintiff(s)............
. app-86
NJ and local govt compensation to plaintiff(s)
. app-90
Relative compensation to plaintiffs)................
. app-95
Defendants attempted to murder the plaintiff....................... app-99
Plaintiff visited emergency to save life.
app-100
Forma Pauperis granted for appeal...
app-101
VI.
TABLE OF AUTHORITIES
Cases
209 Va. 279, 163 S. E. 2d 588
24
320 U.S. 796, 64 S.Ct. 263, 88 L.Ed. 480 (1943)
11
also Ex parte Peru. 318 U.S. 578, 585, 63 S.Ct. 793, 87L.Ed. 1014 (1943)
10
Antoine v. Byers &Anderson. Inc.. 508 U.S. 429, 433 n. 5, 113 S.Ct. 2167, 124
L.Ed.2d 391 (1993)..................................................................................................
8
Babb v. Secretary, dept. Of veterans affairs. 992 F. 3d 1193 - USCA11- 2021
13
Babb v. Wilkie. 140 S. Ct. 1168- Sup. Ct 2020
13
Bankers Life & Casualty Co. v. Holland. 346 US 379 - Supreme Court 1953.
9, 10
Bavron v. Trudeau. 702 F. 2d 43, 45 (2d Cir.1983)
31
Beck v. Beck. 432 A. 2d. 63 - NJ: Supreme
11
Bell v. Hood. 327 U. S. 678
31
Bethel School District No. 403 Et Al. V. Fraser, A Minor, et al. 478 U.S. 675 (1986)
31
Board Of Education Of The Westside Community Schools (Dist. 66) et al. V.
Mergens, By And Through Her Next Friend, Mergens, Et. 496 U.S. 226 (1990),... 31
Vll
t
Bolin v. Story. 225 F. 3d 1234- XJSCA, 11th Cir 2000
8
Bolin v. Story, 225 F.3d 1234, 1242 (11th Cir.2000)
8
Bontkowski v. Smith, 305 F. 3d 757 - USCA, 7th Cir. 2002
8
Bontkowskiv. Smith. 305 F.3d 757, 762 (7th Cir. 2002)
8
Bovadiianv. Cigna Companies. 973 F. Supp. 500 - Dist. Court, D. New Jersey 1997
36
Boyer v. CLEARFIELD COUNTYINDU. DEVEL. AUTHORITY. Dist. Court, WD
8
Penn 2021
Chenev v. United States Dist. Court for DC. 542 US 367 - Supreme Court 2004.
11
CJLG v. Barr, 923 F. 3d 622 - Court of Appeals, 9th Circuit 2019
33
Cohen v. Office Depot. Inc., 184 F. 3d 1292 - Court of Appeals, 11th Circuit 1999... 30
Crooker v. United States Dep't of Justice, 632 F.2d 916, 921 (1st Cir.1980))
36
Cunningham. 664 F.2d at 387 n. 4
36
De Beers Consolidated Minesv. United States. 325 U. S. 212, 217 (1945)
9
De Beers Consolidated Minesv. United States. 325 U. S. 212, 217 (1945).
10
DeBold, 735 at 1043
36
Hanna v. Plumer. 380 US 460,470- Supreme Court 1965
30
Hines u. D Artois. 531 F. 2d 726, 732, and n. 10 (CA5 1976)
9, 10
Hobbv Lobby Stores. Inc, v. Sebelius. 568 US 1401 - Supreme Court 2012.
2, 10
Hodse v. Police Officers. 802 F, 2d 58 - Court of Appeals. 2nd Circuit 1986.
31
Hohn v. United States. 524 US 236 - Supreme Court 1998.
2
Holt Civic Club v. City of Tuscaloosa, 439 U.S. 60, 65-66, 99 S.Ct. 383, 58 L.Ed.2d
292 (1978).......................................................................................................................... 8
In re Gault. 387 U.S. 1, 36-37, 87 S.Ct. 1428, 18 *632 L.Ed.2d 527 (1967)
Vlll
33
* s
Jacob WINKELMAN. a minor, by and through his parents and lesal guardians. Jeff
and Sandee WINKELMAN. et at. v. PARMA CITY SCHOOL DISTRICT. 550 U.S.
516- 127 S.Ct. 1994(2007)
32
KARUPAIYAN v. SIANO | 53 A.3d 662 (2012)
26
Lassiter v. Dev't of Social Servs. of Durham Cty.. 452 U.S. 18, 27, 101 S.Ct.2153, 68
L.Ed.2d 640(1981)
33
Maclin v. Freake, 650 F. 2d 885 - Court of Appeals. 7th Circuit 1981
31
Mathews, 424 U.S.
33
Montgomery v. Pinchak. 294 F. 3d 492 - USCA, 3rd Cir. 2002
31
Moses H. Cone Memorial Hospital v. Mercury Constr. Corp.. 460 US 1 - Supreme
Court 1983
9, 10
Mullis u. United States Bankr. Court for the Dist. of Nev., 828 F.2d 1385 (9th
Cir. 1987)..................................................................................................................
8
Newman v. Alabama. 683 F.2d 1312 (11th Cir.1982)
8
OJASWA PATHAK vs. UNION OF INDIA. Dkt# W.P.(C) No. 000250 - / 2019 12, 13,
20
Osei-Afriye v. The Medical College of Pennsylvania. 937 F.2d 876 (3d Cir. 1991) .. 31
33
re US. 139 S. Ct. 452.
9
Robidoux v. Rosengren. 638 F. 3d 1177 - Court of Appeals, 9th Cir 2011
33
Roche v. Evaporated Milk Assn.. 319 U. S. 21, 26 (1943)
9
Rosado v. Wyman. 397 U. S. 397, 403, n. 3 (1970)
2
Salahuddin v. Cuomo. 861 F. 2d 40 - Court of Appeals, 2nd Circuit 1988
31
Snindel v. Svindel. 283 F. Supp. 797 - Dist. Court, ED New Yorkl968
11
Sullivan v. Little Hunting Park. Inc.. 396 US 229 - Supreme Court 1969
Tabron v. Grace. 6 F. 3d 147 - Court of Appeals, 3rd Circuit 1993
IX
17, 24
31
4
i
Title VII
29
Troxel v. Granville. 530 U.S. 57 (2000)
7
Troxel v. Granville. 530 U.S. 57 (U.S. 2000J
33
Washington v. Glucksbers. 521 U. S. 702, 720
7
Washington v. Glucksbers. 521 U.S. 702 (1997)
33
Statutes
28 U. S. C. § 1651
2
28 U.S.C. § 1654
31
28 USCS 1651(a)
10
42 U.S.C. § 1983
8
42 US Code § 1982
17
All Writs Act
2,7
Rules
Fed.R.Civ.P. 12
6
Fed.R.Civ.P. 8
6
S.Ct. Rule 20.1
10
S.Ct. Rule 20.3
10
Constitutional Provisions
14th amendment
33
Article VI. Paragraph 2
14
X
VII.
PETITION FOR WRIT OF CERTIORARI
Petitioner respectfully prays that a Writ of Certiorari issue to review
the opinion/judgment/orders of USCA3’s (docket 22-2066) and US Dist
Court for New Jersey- Newark div (Dist docket 19-cv- 12356) below.
VIIL
Opinion(s)/orders/Judgment(s) BELOW (from Dist
Court and USCa3)
1)
USCA3’ Order of Appeal for Affirm.
App.l
2)
USCA3’ Judgment (appeal)
App.6
3)
ECF (56) WHEREAS OPINION dated May 20 2022.
App.8
4)
ECF (57) WHEREAS Order dated May 20 2022.
App.14
5)
ECF (65) order denying pro bono or Guardian ad litem (6/6/22) App.16
6)
ECF (66) Order denying Permanent injunction (6/8/22).
7)
USCA denial of
App.18
(1) Motion filed by Appellant for Permanent Injunction and
Declarative Order Reliefs - Reconsiderations (ECF-59)
(2) Motion filed by Appellant Request for a Stay New Jersey
to Appoint NJ Supreme Court Justices and
(3) Motion filed by Appellant Requesting to Stay the Appeal
until U.S. Supreme Court decide the Appellants' Petition
for Rehearing
App.20
8)
USCA Order denying Panel and En Banc rehearing. App.21
9)
ECF(44) Opinion (Dismissing FAC) date Aug 12 2021
App.25
10)
ECF(45) Order Dismissing FAC dated Aug 12 2021.
App.31
11)
ECF(3) Sua Sponte Dismissal of complaint dated Oct 1 2020. App.33
Hon. Susan D. Wigenton USDJ; Hon. Leda Dunn Wettre USMJ
1
IX.
JURISDICTION
In Hohn v. United States. 524 US 236 - Supreme Court 1998@ 258 CRosado u.
Wyman. 397 U. S. 397, 403, n. 3 (1970) (a court always has jurisdiction to determine
its jurisdiction)). Hohn @264 (“We can issue a common-law writ of certiorari under
the All Writs Act, 28 U: S. C. § 1651.)
Hobby Lobby Stores. Inc, v. Sebelius. 568 US 1401 - Supreme Court 2012@ 643
The only source of authority for this Court to issue an injunction is the All
Writs Act, 28 U.S.C. § 1651(a) and
Following a final judgment, they [Petitioner] may, if necessary, file a petition
for a writ of certiorari in this Court.
United States Court of Appeals 3rd Cir decided case on Oct 4, 2022 at
Exhibit: 1, App-1
A timely filed petition for rehearing and En Banc was denied by the USCA3
on Nov 28, 20221. Exhibit-6. App-21.
X.
CONSTITUTIONAL AND STATUTORY PROVISIONS
INVOLVED
Fed.R.Civ.P. 8(a)(2) and (3)
Fed.R.Civ.P. 8(f)
Fed.R.Civ.P. 12(e)
Fed.R.Civ.P. 17
Fed.R.Civ.P. 54(c)
1st Amendment
4th Amendment
5th Amendment.
8th Amendment.
14th amendment
Article VI. Paragraph 2 of the U.S. Constitution (Supremacy Clause)
42 US Code § 1983 - Civil action for deprivation of rights
Nov 29 2022, docket sheet entry was modified
2
42 US Code § 1982 - Property rights of citizens
42 US Code § 1988 - Proceedings in vindication of civil rights
Hindu Marriage Act, 1955 and its Amended
Hindu Succession Act, 1956 and its Amended
Indian family court order 0
Few Indian penal codes.
Comparative Approaches of Supreme Courts of the World's Largest and Oldest
Democracies
—By Justice Hon. Stephen Breyer of US Supreme Court, Chief Justice Hon. NV
Ramana of Indian Supreme Court, and William M Treanor, Dean of Georgetown
University Law Centre Dated: April 11, 2022
The New Jersey Law Against Discrimination (NJLAD)
.. and more
3
XI.
STATEMENT OF THE CASE
a) Before Dist Court Proceeding (Parallel family cases in New
Jersey and India)
Defendant Ranjeeth called Mr. Karupaiyan (“Palani”, Petitioner)
before filing fake domestic violence (dv) case and said that himself along
with Defendant Naga doing black money/corrupt money transaction in
Ramya(my wife)’s bank account and they were plaining to these black
money in Ramya’s Bank account in billions of dollars so Petitioner
should allow them to do. Same time, Ramya acted irresponsible, took
the kids to daytime women club parties where 2 year old RP was
chocked, visited emergency to save life. I told Ramya (Petitioner’s wife,
Respondent), do not involve these illegal things, go to work, we need to
send the kids to college, Kids marriage expense were unlimited.
Naga, Ranjeeth, Jayapalan (Relatives) came with plan to abduct
the kids to India where they have friends/relatives works in judicial
Dept so get child custody to hold the kids in India, use the child
support/family support money as source of income to do the corruption
against Govt of India.
Mr Karupaiyan cancel the kids passport.(app.68) Naga, Ranjeeth,
Jayapalan came with Plan-B that NJ judicial were total corrupt so easy
to file fake domestic violence case against Petitioner to get child
custody, further abduct to India for above reason(s).
Petitioner leased apartment in Dallas, TX for family, moved out
before Defendant Atlantic’s apartment at Edison, NJ lease expired.
When Jayabalan to occupy the lease expired apartment, waited for the
kids passports to arrive for kids abduction, Atlantic got under table
money from Jayapalan to occupy the appartment. Atlantic told me that
my responsibility to clean the lease expired apartment. Multiple time I
refused to clean because lease expired and I moved out. Atlantic listed
me in the rental history, forced me to clean the apartment.
Because of Petitioner clean the apartment, Naga, Jayapalan,
Ranjeeth filed fake dv case against me. Judge Silva entered Final
Restating order (FRO) against me because Im black male, make
$140k/year, owe Porsche car, owe $400k home in India when No
support evidence/testimony against me. By FRO I was ordered to pay
$1900/month (approx.) child support money (app,30)
4
In weeks Judicial Fraud consolidation ordered is filed prevent me
appeal the FRO.(app.38» 39) The purpose of fraud consolidation order is
to continue bill the childsupport money, grand the divorce so bill the
$400k India family home money. These moneys were billed and shared
with NJ judicial authorities up to NJ Supreme Court Justices.
I refused to bring the $400k India home money because Im
married from India, so NJ does not have jurisdiction to hear family
matter because my joint family from India and Im married from India.
Indian Supreme Court also ruled same manner.
When NJ judicial fraudulently dragged case for billing benefit, I
filed the parallel case in Indian family Court for family reconciliation.
Ann.50. Also paid approx. $ 10k to Ramya to go appear in Indian family
Court. Ramya went to India and injured the kids and did not appear in
India family Court because she did not interest in divorces.
Oct 11 2016 Nj family Court entered ex-parte divorce (app.46), exparte amended FRO (app.40).
New Jersey have high densely engineers, scientists, doctors (high
income professional) living than any part of the earth. NJ judicial
authorities profiled that these high income professional’s family have
kids and they save money for kid’s education. To rob the kids’ education
saving, NJ judicial authorities run the corrupt family/trial Courts,
share the money upto NJ Supreme Court justices. The same method of
operation they applied against this Petitioners.
In the Parallel case, this Petitioner got final, latest order from
India. App.56 Petitioner appealed to NJ appellate Court which denied
my appeal for corrupt and fraud purpose as above said judicial fraud.
Further I filed petition to NJ Supreme Court which denied my petition
with judicial defect by its own mistake,
b) At District Court Proceeding
Plaintiffs filed forma pauperis and civil action against petition
captioned defendants and NJ judicial authorities and NJ local Govts.
Also plaintiff requested civil action to be combined with Criminal
action. The charges are ranging from bicycles thief to NJ Chief Justice
violating civil, parental and constitutional rights and so on.
Before serving the complaint, On Oct 1 2020, Dist Court ORDERED
(Sua Sponte) that
the Complaint (D.E. 1) is dismissed without prejudice, except as to
Plaintiffs claims (1) against the Judges for acts made in their
5
judicial capacity, and (2) which seek to appeal or overturn the
Judges' state Court rulings. Such claims are dismissed with
prejudice. Plaintiff shall have (30) days to file an Amended
Complaint.
Plaintiff filed Notice of appeal (USCA doc# 20-3063) and amended
the complaint ECF-7 and served all the defendants including the NJ
Judicial authorities. In the USCA 3rd circuit, NJ attorney general office
filed as below CA-Dkt-11 under doc# 20-3063.
USCA ruled that Oct 1 2020 order is not final.
None of the defendants appeared in Dist Court.
During this trial in Dist Court, NJ judicial authorities hired some
proxy parties and lawyer in India, filed case in Indian Supreme Court
invalidate the law(s) based on Mr Karupaiyan got family Court order
from India.(app.54,56) Because I filed civil action in US Dist Court, the
defendants together attempted to murder the Petitioner.(app.99.100)
Recently NJ issues active arrest/jail warrant.(Dist-Dkt#54)
Only Middlesex County appeared late, requested the Dist Court to
dismiss the complaint on Rule 8 .
On Aug 12 2021 Dist Court enter dismissal order (app.25, 31) with
prejudice for Rule 8 violation and gave opinion.(app.31).
On May 20 2022, District Court entered the appealable Opinion and
order. ECF-8,14. Plaintiff(s) filed Post Judgement motions permanent
injunction, declarative order, guardian ad litem/Pro bono appointment.
ECF-59, 63. 64. Appellant filed notice of appeal and amended notice of
appeal timely. ECF-58, 67.
c) At USCA 3rd Cir. Proceeding
On Jun 10 2022, USCA 3rd circuit ordered for Briefing schedule. USCA dkt-8.
Appellant’s brief is schedule to file on Jul 20 2022 or before. Now the Petitioners
filing the Petition for Writ of Certiorari under Rule 11 of US Supreme Court
On Oct 4 2022, USCA3 affirmed the Dist Court order (App.l).
On Nov 1, 2022 USCA3 denied 1) Motion filed by Appellant for Permanent
Injunction and Declarative Order Reliefs - Reconsiderations (ECF-59), 2) Motion
filed by Appellant Request for a Stay New Jersey to Appoint NJ Supreme Court
Justices, 3) Motion filed by Appellant Requesting to Stay the Appeal until U.S.
Supreme Court decide the Appellants' Petition for Rehearing where denied.
Ddkt#34
Nov 28 2022, USCA 3rd Cir denied the Petition for Panel Rehearing and En
Banc. Judge Rendell and Judge Fuentes Voted in favor appellant. App.21
6
XII.
All Writs Act, 28 U.S.C. § 1651(a)
In Pa. Bureau of Correction v. US Marshals Service. 474 US 34 - Sup Ct 1985 @43
The All Writs Act is a residual source of authority to issue writs that
are not otherwise covered by statute.
XIII.
NJ Judicial Authorities illegal wrongdoings
against Petitioners By outside scope of their Judicial
Duty.
1) Entered FRO by violating unfair justice because Petitioner is
Black Indian, owe Porsche car, Makes $200k/year, owe home in
India for $400k which are billing criteria . App.34
2) Fraud-on-Court, Judicial Fraud Consolidation filed and
prevented Petitioner from appeal. App.38, 39, Continues billing
child support money.
3) Deny the Children Custody, violated 14th amendment when
Petitioner have best interest of children evaluation.
4) All these wrongs to bill the child support money and family
properties from India, and alimony.
5) Dishonored Indian family court order. App.56. They did
contempt of Court. Continue violating the Petitioner's
cohabitating, sexual rights as well.
6) Intentionally denied the appeal and Petitioner for Certification
with NJ Supreme court with the Fraud consolidation order.
7) Because Petitioner refused to bring Indian family property money
$400k for the benefit of NJ Judicial Authorities, multiple times
arrested and jailed the Petitioner.
8) These all above wrong doing, NJ Judicial authorities did against
the Petitioner(s) together, integrated.
9) Many more wrongs in the complaint over 7 years.
XIV.
Petitioner’s Parenting rights
Petitioners’ Parenting Rights were in 14th Amendment of Constitution, Troxel v.
Granville. 530 U.S. 57 (2000) and Washington v. Glucksberg. 521 U. S. 702, 720.
7
XV.
Petitioner praying declarative/injunctive reliefs in
THE LOWER COURT BY FOLLOWING.
In Bolin v. Story. 225 F. 3d 1234 - USCA, 11th Cir 2000 @ 1243
In order to receive declaratory or injunctive relief, plaintiffs must establish
that there was a violation, that there is a serious risk of continuing
irreparable injury if the relief is not granted, and the absence of an
adequate remedy at law”. See Newman v. Alabama. 683 F.2d 1312 (11th
Cir. 1982).
In Azubuko v. Royal, 443 F. 3d 302 - USCA, 3rd Cir 2006 @ 304
Injunctive relief shall be granted when a declaratory decree was violated or
declaratory relief was unavailable42 U.S.C. § 1983; Bolin v. Story, 225 F.3d
1234, 1242 (11th Cir.2000) (explaining that the amendment applies to both state
and federal Judges); see also Mullis v. United States Bankr. Court for the Dist. of
Nev., 828F.2d. 1385 (9th Cir.1987): Antoine v. Byers &Anderson. Inc.. 508 U.S. 429,
433 n. 5, 113 S.Ct. 2167, 124 L.Ed.2d 391 (1993) (noting that the rules regarding
judicial immunity do not distinguish between lawsuits brought against state officials
and those brought against federal officials).
In Bontkowski v. Smith. 305 F. 3d 757 - USCA, 7th Cir. 2002®762 “can be
interpreted as a request for the imposition of such a trust, a form of equitable relief
and thus a cousin to an injunction. Rule 54(c), which provides that a prevailing
party may obtain any relief to which he's entitled even if he "has not demanded such
relief in [his] pleadings." See Holt Civic Club v. City of Tuscaloosa. 439 U.S. 60, 6566, 99 S.Ct. 383, 58 L.Ed.2d 292 (1978);
In Boyer v. CLEARFIELD COUNTYINDU. DEVEL. AUTHORITY. Dist. Court, WD
Penn 2021
“Thus a prayer for an accounting, like a request for injunctive relief, is not a cause of
action or a claim upon which relief can be granted. Rather, it is a request for another
form of equitable relief, i.e., a "demand for judgment for the relief the pleader
seeks" under Rule 8(a)(3) of the Federal Rules of Civil Procedure. D****As such, it
too is not the proper subject of a Rule 12(b)(6) motion. D***Global Arena, LLC, 2016
WL 7156396, at *2; see also Bontkowskiv. Smith. 305 F.3d 757, 762 (7th Cir. 2002).
Petitioners prays this court any and all benefit of above ruling.
8
XVI.
Why USCA3 was not able to grant the Appellant’s
Writs/Injunction(s) reliefs
In the USCA3, Appellants filed appeal and injective reliefs thru
motion. As per the Moses footnote [6]. USCA3 could not able to grant the
injunctive reliefs along with appeal.
In Moses H. Cone Memorial Hospital v. Mercury Constr. Corn.. 460
US 1 - Supreme Court 1983 ^footnote[61.
More fundamentally, a court of appeals has no occasion to
engage in extraordinary review by mandamus "in aid of [its]
jurisdiction[n]," 28 U. S. C. § 1651, when it can exercise the
same review by a contemporaneous ordinary appeal. See, e. g.,
Hines v. D\Artois. 531 F. 2d 726, 732, and n. 10 (CA5 1976).
xvn.
USSC’s Writ against USCA/Dist Court
Bankers Life & Casualty Co. v. Holland, 346 US 379 - Supreme Court
1953@ 383
As was pointed out in Roche v. Evaporated Milk Assn.. 319 U. S. 21,
26 (1943), the "traditional use of the writ in aid of appellate
jurisdiction both at common law and in the federal courts has
been to confine an inferior court to a lawful exercise of its
prescribed jurisdiction or to compel it to exercise its authority
when it is its duty to do so."
a) Against Any Judicial authority (Including NJ authority)
@383 there is clear abuse of discretion or "usurpation of judicial
power" of the sort held to justify the writ in De Beers
Consolidated Minesv. United States. 325 U. S. 212, 217 (1945).
XVIII.
USSC’s Rule 20.1 and Rule 20.3.
In re US. 139 S. Ct. 452 - Supreme Court 2018 @ 453
9
S.Ct. Rule 20.1 (Petitioners seeking extraordinary writ must show "that
adequate relief cannot be obtained in any other form or from any other
court" (emphasis added));
S.Ct. Rule 20.3 (mandamus petition must "set out with particularity why the
relief sought is not available in any other court"); see also Ex parte Peru.
318 U.S. 578, 585, 63 S.Ct. 793, 87 L.Ed. 1014 (1943) (mandamus petition
"ordinarily must be made to the intermediate appellate court").
The requirement is substituted by Moses 460 US 1 - Supreme Court
1983 @footnote[6].
More fundamentally, a court of appeals has no occasion to
engage in extraordinary review by mandamus "in aid of fits]
jurisdictionfnf," 28 U. S. C. § 1651, when it can exercise the same
review by a contemporaneous ordinary appeal. See, e. g., Hines v.
D'Artois. 531 F. 2d 726, 732, and n. 10 (CA5 1976)
Also the above Substitute the Test-1 of 3 tests requirement of grating
most of the writs in US Supreme Court.
XIX.
Three test Conditions for grant the Writ (of
Mandamus, prohibition or any alternative)
Test-1: No other adequate means [exist] to attain the relief [the party]
desires
Or it (injunction) is necessary or appropriate in aid of our jurisdiction
(28 USCS 1651(a))
Or “the party seeking issuance of the writ must have no other adequate
means to attain the relief [it] desires";
Test-2: the party's 'right to [relief] issuance of the writ is clear and
indisputable
Or Bankers Life & Casualty Co. v. Holland. 346 US 379 - Sup.Ct 1953
clear abuse of discretion or "usurpation ofjudicial power" of the sort
held to justify the writ in De Beers Consolidated Minesv. United
States. 325 U. S. 212, 217(1945).
Or Hobby Lobby Stores. Inc, v. Sebelius. 568 US 1401 - Sup.Ct 2012
10
f! -' '' *>'.;-
whatever the ultimate merits of the applicants' claims, their
entitlement to relief is not "indisputably clear
Or the Petitioner must demonstrate that the "right to issuance of the
writ is clear and indisputable." Cheney, 542 U.S. at 380-81. 124
S.Ct. 2576
Or Cheney v. United States Dist. Court for DC. 542 US 367-Sup.Ct 2004
Defendant owes him a clear nondiscretionary duty
Test-3: a question of first impression is raised.
Or
"the issuing court, must be satisfied that the writ is appropriate under
the circumstances
XX.
REASONS FOR GRANTING THE WRIT
a) Grant Children Custody, Invalidated Judgement of divorceJOD 0, Invalidating Final Restraining Orders FROs, and
Validate Indian family Court Order.
Test-2. 1) Petitioner have best interest of Evaluation.(App-70), Respondent
Ramya hold the custody/FROs/JoD by Fraud-on-court/Judicial fraud.(App-38,39)
Test-3. 1) _In Beck v. Beck. 432 A. 2d 63 - NJ: Supreme
Court 1981, @ 499, the best interest of children is the polestar for grating the
children custody
2) In Svindel v. Spindel. 283 F. Supp. 797 - Dist. Court, ED New Yorkl968 at 811
_
For what the judgment was rendered is not essential.
It is that it was obtained by fraud, and hence unjust to hold and
use, and, because it is, the Court has jurisdiction." 78 F. at 835....
320 U.S. 796, 64 S.Ct. 263, 88 L.Ed. 480 (1943).
So Petitioners pray this court should invalidate JOD and FROs granted by New
Jersey, and validating Indian family court reconciliation order. Grand the child
custody to Petitioner until Ramya should appear in the Indian family court.
11
b) Issue an order to Indian Supreme Court to dismiss and close
the DOCKET is OJASWA PATHAK vs. UNION OF INDIA, Dkt#
W.P.(C) NO. 000250 -V 2019
Test-2. When this Petitioner filed US Dist Court case in Newark, NJ, docket
under this petitioner request to review, NJ Supreme Court justice hired proxy
peoples India to file case in India Supreme Court to strike down the section of
Indian Family law based on the Indian family court reconciliation order Ann.54
was granted to this petitioner.
The docket in the Indian Supreme Court is OJASWA PATHAK vs. UNION
OF INDIA. Dkt# W.P.(C) No. 000250 - / 2019.
When the Pathak is active, not closed yet, this petitioners this case in US
Federal Court is delayed. Now the petition is suffering for more than 7 years
which is inhuman loss, damage, injury to the petitioners.
The NJ supreme court active it uncivilized.
Test-3. NJ Supreme doing above such, the case is delayed unnecessarily. Three
times NJ Supreme court pressured in Indian Supreme Court, here the case is
delayed 3 years. Totally the Petitioners suffered which no human Being should
suffer in civilized society and wasting time in the US federal Court. So this prayer
should be granted. Striking down the Indian family law in-part against the order
Petitioner got from India is not going to be nullify the order past 10 years. Approx.
10 years ago, one India lady got reconciliation order from India which is not going to
be null now. She might have two more kids now. Who is going to step in their home
and tell husband and wife get out and live separate. Petitioner have gave a Indian
family court petition in English translated as they needed so they knew what is
going to be out come. They are corrupt and forever corrupt. Only truth and justice
should survive.
When OJASWA PATHAK is not closed and kept on wasting time of Federal
Court, this court issue order to Indian Supreme Court to dismiss and close the
docket in Indian Supreme court
In the past, there was a scam in Indian parliament question for cash. When the
matter went to Indian supreme court which warned the Member of parliament due to
12
proxy activiy on the parliament*-Same/Similar situation in the Pathak case, these
■
’ '
s:
proxy peoples were hired by this case respondents including NJjudicial authorities.
These respondents hire the people around the petitioner to talk over the phone
and records the phone, call. Lot of people called petitioner and threaten to withdraw
district court complaint. Few weeks ago, one of petitioner’s friend called that these
respondents were readdy to pay $200k, if he allowed this petitioner to have sex with
M,
Jto, —to.
people to delay the case.
Especialy the proxy Pathak. is to delay this case, wasting time of US federal
Courts.
For any and all reasons stated above, petitioners pray this court issue an order to
Indian Supreme Court to dismiss and close the is OJASWA PATHAK vs. UNION OF
INDIA. Dkt# W.P.(C) No. 000250 - / 2019.
c) Writ against New Jersey for
1. Order that NJ govt should not appoint NJ Supreme Court justices and
Chief Justice of NJ Supreme court should not appoint/Promote NJ
Supreme Court justice, NJ appellate court Judge, and Administrative
Director of the Courts of NJ Courts and appoint 22 NJ Supreme Court
Justices thru Collesium Process
Test-2. When the case under subjudiced, NJ Supreme Court Chief Justice
appointed/promoted the NJ Supreme Court justice, NJ appellate Court Judges,
Administrative director of the Courts of NJ Courts.
Also When the case is under subjudiced NJ govt appointed Fabiana Pierre-Louis
as NJ Supreme Court Justice and now NJ in the process of appointing New Jersey
Supreme Court justices Wainer Apter and Douglas Fasciale. These
appointment/promotions violated the ruling by age, gender (Title VII), in
Babb v. Wilkie. 140 S. Ct. 1168- Sup. Ct 2020 and Babb v. Secretary. dept. Of
veterans affairs. 992 F. 3d 1193 — USCA11- 2021
Test-3. Under said Supremacy Clause this court has power to enforce the federal
law and rules and ruling.
13
Article VI. Paragraph 2 of the U.S. Constitution is commonly referred to as the
Supremacy Clause. It establishes that the federal constitution, and federal law
generally, take precedence over state laws, and even state constitutions.
In Comparative Approaches of Supreme Courts of the World's Largest and
Oldest Democracies, by Justice Stephen Breyer of USSC, CJI NV
Ramana,(4/11/2022), CJI said that Judge promoting Judge is not true democracy.
In fact Judge or Govt promote/appoint Judge is not true democracy.
Notably, historically, New Jersey Lawmaker appoint their relatives, friends
as Justices to NJ Supreme Court for their personal gain. Recently close to 100
Judges were forced to resign who are relatives/friend to NJ Lawmaker and because
their retirement account had disproportionate money.
Petitioner(s) prays an order that NJ Govt/NJ chief Justice should not
appoint/promote Justice/Judge to NJ Supreme Court, NJ appellate court, Admin.
Director of NJ court. And these position should be appointed by Collegium Process
as CJI said
“Collegium process to appoint Judges most democratic”
“On judicial appointments, CJI Ramana said that although the government is a key
stakeholder, when the collegium reiterates its decision to appoint a candidate, the
government has no choice but to comply with it”
‘Cannot get more democratic than this [Collegium process]”
United States should have common Collegium to appoint all its State’s
Apex/Supreme Court, Appellate Court justices/Judges.
This court should invalidated the all appointment/promotion of NJ Supreme
court Justice/appellate court Judges by NJ Govt and NJ chief justice. Functioning of
NJ Supreme court Justice, Appellate court justice should be independence which is
violated by above said appointment/promotion. So collegium process is needed.
In SIANO. I filed motion to reconsideration with NJ Supreme court, I was told
that not enough justice in NJ Supreme Court so denied my petition and 1 should goto
US Supreme Court for justice, so Petitioner pray this court for order to appoint 22
justices thru Collegium Process.
14
t ;
.
i
For reasons above, petitioners pray this court for above prayers to be granted.
2. Remove the New Jersey Supreme Court Justices, NJ appellate/family
court Judges defending the Petitioner in the case and Jail them 21
years.
Test 2. Violated the Parenting Rights/14th amendment, dishonored India
family court order. When they are not fired yet, kept on going to Indian
Supreme Court to strike down Indian family law which base of Indian
family Court reconciliation order and many more.
Continues violating India family court order, Petitioner cohabitation
with family, sexual rights. Over 7 year Petitioner did not have sex
which is human being need. Kept on Arresting and Jailing the
Petitioner.
Test-3. Very obvious. This court should remove them from Judicial
position and Jail them for 21 year. They violated the Oath and did
corruption. Otherwise they continuously kept on doing the illegal
wrongdoing against the Petitioner. Kept of going to Indian Supreme
Court. Grant Permanent Restringing order against these Respondent
NJ Judicial authorities in favor of Petitioner(s), father Karupaiyan,
Minor Petitioners and Ramya because they could continuously
endangering the Petitioners and Ramya.
NJ Family Court business model is that delay the case so divorced
parties urged to have sex (which human being need, every animal
does/need) with anyone so fraudulently granted divorce become valid.
Recently one Indian was hired by these respondents for $200k
(similarly QJASWA PATHAK where proxy people to file case against this cases}
who said I can have sex with his wife and he recorded the phone conversation.
When Naga and Arul said I can have sex with their wife, NJ judicail changed the
15
law in India. Jail these the NJ judical respondents as soon as possible, the delay in
the case should be avoid further and inhuman damage to the petitioner can be
avoided further.
For reasons above, petitioners pray this court for above prayers to be granted.
3. Shared Children Custody and NJ should not violate Parents disability
in grating children Custody.
Test-2. In this case children custody is with Ramya because she does not got work
so will not be able to pay cWd support, because I was going to work, fake FRO order
was entered against me to order the child support. Further continues bill the child
support, Judicial fraud consolidation order filed obstruct my justice. Millions of
time, NJ judicial authorities did these wrongdoings against millions of family and
Violated the 14th amendment parental rights.
Test-3. Denying Share Custody, denying custody due to disability is continuously
violated the Parental rights 14th amendment. Also bring down the Family court
Corruption/fraud. When the Petitioner spine injured in car accident, unable to work
for 18 months, parental rights were not violated, 2 year old child home eviction,
breath cold air, had chest pain.
For reasons above, petitioners pray this court for above prayers to be granted.
4. Acceptable form(s) of Child Support and Save the child support money
to Child need.
Test-2. In NJ family courts Child support money and IRS income tax, Disability
income/SSA, title vi-d, and Unemployment withhold due to Childsupport. These
money(s) were become benefit of Family court lawyer and NJ Judicial Authorities
upto NJ Supreme Court. For the reasons, NJ judicial authorities and family court
attorney focus to rob the above said money.
Test-3. Saving the Child support money, IRS income tax, Disability income/SSA,
title vi-d, and Unemployment withhold due to Childsupport in Children Saving
should be used for Children college education and bring down the family court
corruption/fraud. Children are protect by SNAP, When Petitioner spine injure on
help was available to his kids.
For reasons above, petitioners pray this court for above prayers to be granted.
16
5. i) Family Properties inheritance to Children, ii) No lawyer fee from
family properties, Disclose/open to public family court lawyer fee.
Test-2. NJ judicial authorizes and family court lawyer focus to find the Family
properties, in the name of Family lawyer fee, rob the family properties and family
saving for kids education, share up to NJ Supreme Court justices. To rob the family
properties and kids educational saving, any form of fraud/corruption/bribe the NJ
judicial authorities and lawyers do.
Test-3. Moving/Saving the family properties to Children inheritance and above
prayer wrongdoing/fraud/bribe/corruption in the NJ family court should go down.
The above wrongdoing of NJ judicial authorities, family court lawyers were
violation in 42 US Code § 1982 - Property rights of Citizens.
In Sullivan v. Little Hunting Park. Inc.. 396 US 229 - Sup. Ct 1969@ 237
"Section 1982 covers the right "to inherit, purchase, lease, sell, hold, and convey
real and personal property."
These respondents did same wrong doings against this Petitioner caused
unmatchable, unsubstitutable damages.
For reasons above, petitioners pray this court for above prayers to be granted.
6. NJ family court records should not be under seal and No Property
matter/financial matter disclosure discussed in Family Court.
Test-2. Under inheritance, Section 1982, Sullivan, all these properties (moving/non
moving) are moved to the children from begin of the family case.
Now the family properties, financial matter disclosure matter are filed from the
beginning of the case is to aid the Attorney(s)/family court Judges to focus the
billing and sharing upto NJ Supreme court justices.
What is the need of sealing the family court docket? When the property/wealth are
move to children as inheritance, no privacy violation. People divorced status is not
privacy violation. Under seal is to protect the how the fraud/corruption by the
family court Judges/lawyers. When Amazon CEO Jeff got divorce, both party
discuss in the media that how much wealth they obtained. Why should the poor
people divorce under seal?
17
Test-3. Property/Wealth does nothing in the two individual’s divorce when the
children involved. Moving the property/wealth to children do not injury to the
family case party(s) and wealth is with their loved children who can use the wealth
to their educational need (example). Most importantly take out the ill eyes of
Family court Judges/ NJ Judicial Authorities, and family court lawyers. NJ judicial
authorities wrongdoings against this Petitioners because their ill eye focused the
Petitioners $400k home in India. See they octopus hand go other side of the earth.
Granting These prayers should bring the corruption in Nj family court to down.
For reasons above, petitioners pray this court for above prayers to be granted.
d) Writ against NJ Judicial authorities.
7. i) NJ Judicial Authorities involve in family case should get mental
fitness certificate yearly.
ii) NJ Judicial authorities’ Yearly Financial disclosure Statement to be
Open to public.
iii) NJ Judicial Authorities to file timesheet for every 15 minutes of their
duty.
Test-2: Routinely, habitually NJ judicial authorities ordered/compelled the parents
for psychiatric evaluation for granting children visitation/custody, share the money
from psychiatric billing parents. Recently in NJ, One Psychiatric was ordered to file
affidavit that she should not renew her license in NJ for sharing money with NJ
judicial.
Nj Judicial authorities paid from public money, corruption free should be prefix to
Judicial authority. Few Months ago, closed to 100 Nj Judges from trial court to NJ
appellate court forced to resign due to disappropriate money saved in their
retirement account thru corruption/bribery.
Nj judicial authorities paid from public money and public wanted to know what to
they do and how their time is used. Sitting in the public office, doing corruption, why
they need to be paid from the public money. Timesheet should have what they do
every 15 minutes. Paid by public money so public should know what respondents do.
Test-3. NJ judicial authorities'irreparable damages, inhuman decision to the NJ
family's and the children with their psychological illness. Getting psychological
fitness should not cost them either because health insurance is already provided to
18
them by NJgout. So Parental rights and children 's rights under equal protection
clause were protected.
NJ judicial authorities should be prefix from corruption/bribery. NJ Judicial
authorities’ yearly financial disclosure Statement to be Open to public bring the
prefix corruption to them. They were paid thru public money, public should know
they were corruption from at first. Same reason, public should know what they do
every 15 minutes by their timesheet. Petitioner worked many govt officer where 15
minutes tasked, timesheet is must.
For reasons above, petitioners pray this court for above prayers to be granted.
8. Order NJ Supreme Court to provide a copy of Ramya’s Response brief.
Test-2. Naga, the attorney for Ramya already disqualified. NJ judicial authorities
and Naga filed response brief without Ramya’s knowledge. This brief has crime
against the Petitioner, his family. Legally Petitioner, entitled what other party
filing. Multiple time Petitioner requested the Nj Supreme court thru motion and
verbally which was denied. Based on the Ramya’s proxy briefing, Petitioner
certification with Nj Supreme court denied and Petitioner and his family, children
are suffering, injured till today. This is clear abuse of discretion/usurpation of
judicial power.
Test-3. Petitioner is entitled to get justice from the injustice provided by NJ
Supreme Court from the Ramya’s proxy Briefing. The crime in the Ramya’s proxy
filing is jail able crime.
For reasons above! petitioners pray this court for above prayers to be granted.
9. NJ Supreme Court should not hire proxy peoples India file case in
Indian Supreme Court to strike down the Indian family law based on
Petitioner Indian family court.
Test-2. NJ Judges, After entering FRO for fake dv case, Judicial fraud
consolidation, separating the Petitioner and his family and children, violating the
14th amendment, parental right, violated the Petitioner cohabitation of family,
sexual rights of Petitioner, dishonoring Indian family court, hired proxy people to
file case in India Supreme court to strike down the Indian family act on which
Petitioner got family reconciliation order.
19
Docket is OJASWA PATHAK vs. UNION OF INDIA. Dm W.P.(C) No.
000250- /2019
Test-3. NJ Supreme doing above such, the case is delayed unnecessarily. Three
times NJ Supreme court pressured in Indian Supreme Court, here the case is
delayed 3 years. Totally the Petitioners suffered which no human Being should
suffer in civilized society and wasting time in the US federal Court. So this prayer
should be granted. Striking down the Indian family law in-part against the order
Petitioner got from India is not going to be nullify the order past 10 years. Approx.
10 years ago, one India lady got reconciliation order from India which is not going to
be null now. She might have two more kids now. Who is going to step in their home
and tell husband and wife get out and live separate. Petitioner have gave a Indian
family court petition in English translated as they needed so they knew what is
going to be out come. They are corrupt and forever corrupt. Only truth and justice
should survive.
When OJASWA PATHAK is not closed and kept on wasting time of Federal
Court, this court issue order to Indian Supreme Court to dismiss and close the
docket in Indian Supreme court
For reasons above, petitioners pray this court for above prayers to be granted.
10. Remove the NJ family/appellate court Judges, and NJ Supreme Court
Justice who are respondents in this case, grant permanent Restraining
order against these NJ Judicial Authorities to protect the Petitioners
and Ramya and invalidate all the orders they signed.
Test-2. Marcia Silva, Craig Corson, Jerald Council are the family court Judges.
Allison E. Accurso, Patrick Dealmeida, Joseph L. Yannotti were NJ appellate court
Judges, Stuart Rabner, Jaynee La Vecchia, Barry T. Albin, Anne M. Patterson,
Faustino J. Fernandez-Vina, Walter F. Timpone were the NJ Supreme court
Justices. Glenn Grant, Writ is Administrative Judge. These Nj judicial authorities
took judicial decisions against the Petitioner(s) integrated, or be part of
wrongdoings against the Petitioners. There are close to 100 wrongdoings including
fraud on the court, judicial fraud, and constitutional violation including section
20
1983, dishonored the Indian family court order, acted against the Indian family
court, parent’s rights, cohabiting rights, sexual rights and more.
For the crimes/wrong of these NJ judicial authorities were uncivilized, and they
violated the oath, involved judicial corruption, Judicial fraud.
Because the petitioners filed US Dist Court complaint, these NJ judicial authorities
attempted to murder the petitioner. App.99,100.
Test-3. By the wrong doing of the NJ judicial authorities, Petitioner went thru
inhuman suffering no one should go thru in civilized society, they violated the oath,
involved in judicial corruption, judicial fraud, parental rights. Cohabitation rights,
sexual rights. So Petitioner pray this court to remove these NJ judicial authorities
from duty and invalidate the orders they signed.
To protect the Petitioner, and minor children petitioner, Ramya, petitioners pray
this court to grant the Permanent Restraining order against the NJ Judicial auth.
For reasons above, petitioners pray this court for above prayers to be granted.
e) against New Jersey
11. i) Trial by Juries in family courts, ii) Strike down lawless family court
and create Civil family law iii) Equal rights to men in family court
Test-2. Without any law and without Jury, NJ family court run and ordered to the
parties. After Consolidation order was found to fraud, this Petitioner requested
Jury(s) appointment which was denied. NJ family court Judges and attorney(s)
involve any fraud/corruption/bribe to make money thru billing and share the money
up NJ Supreme Court justices. Without Jury, domestic violence cases, divorce cases,
child support orders, child custody orders, before issuing bench warrant and jailing
matter of child support/spouse support were decided which violated the fair justice,
due process guaranteed by constitution.
Because of No law to run the family court, above said wrongdoings /corruption/
Bribery were happening in the NJ family court which ultimately violated the
constitutional rights.
21
Because Im Black man from India, Restraining order were issued for the purpose of
billing child support money, which violated the parental rights 14th amendment.
Test-3. The above said family court action/wrongdoings were violating
constitutional rights including due process. At Either parties demand Juries need to
be available to protect the constitutional rights.
Any trial court should be under Law. Running NJ family court without law, it is
kangaroo court by Nj politician and their relative/friend are Judges to rob the
families and their saving for their kids’ education. Nj family court issuing
restraining order because a party is men violate the fair justice constitutional rights
and 14th amendment parental rights. Without Jury deciding family court orders
were for purpose of corruption benefit of NJ law mater and NJ Judicial authorities.
For reasons above, petitioners pray this court for above prayers to be granted.
12. Consolidate the NJ family court (lawless, kangaroo court), NJ Law
division civil court and Landlord/Tenant court.
Test-2. Minor Petitioner PP born from Little Rock, AR where one civil court, under
one roof have trial for Civil matter and family matter. For the purpose of Black
money transaction Naga, Jayapalan, Ranjeeth filed the fake domestic violence case
and no jurisdictional divorce case. When the Petitioner requested the NJ family
court to add Ranjeeth, Jayabalan as defendant to the case which was denied. Civil
matter need to be put together to avoid piecemeal litigation.
Even After lease expired, landlord filed complaint with Landlord/Tenant court and
got Judgement against this Petitioner by alleging that defendant did not pay rent,
reported to rental history. Illegally The landlord towed Champing van, I was not
able to get justice over 7 years. When all type of court consolidated, all dispute can
be put together without piecemeal litigation.
Test-3. The fake domestic violence case is decided in 10 days by law for billing
childsupport money. This case over 7 years waiting for justice. In car accident,
Petitioner had spine injury which still pain, home went eviction, heating was not
affordable, Minor PP breath cold air had chest pain when he was 2 years old. Still
22
today Petitioner did not got compensation for spine injury. These 3 type of Courts
are running separate to deny justice to layman, corrupt minded people to be
benefited. In Civil case, every claim against every party need to be put together
and tried.
For reasons above, petitioners pray this court for above prayers to be granted.
13. i) No gun carrying Police involve in family matter, ii) No arrest to the
people who need medical treatment, iii) no township police overtime.
Test-2. The county or township police came to my home with gun for enforcing
childsupport which is for billing purpose. When the Petitioner had spine injury by
car accident, unable to work 18 months, home was under eviction, heating was not
affordable, 2 years old minor Petitioner PP got chest pain by breathed cold air. No
police with gun went to car insurance company get the loss of Petitioners. Police
coming to home, cross firing should endanger innocent neighbor as well.
The county jail the ill/sick/disabled people and provide treatment when they are in
»
the custody by county expense. County’s tax payers do not need to take care of the
sick people treatment.
Township police come to collect the childsupport on their over time. When police
station is opened for 24 hour, why should the police need to work overtime. In
Edison twp, NJ 3 police reported overtime, never appeared on the private
construction business and collected over million dollars. When township needed
additional police resource, State trooper should fill the needed.
Test-3. The family court Judge rob the parents in the name of childsupport. Police
with gun help robbing Judge, innocent parent goes to jail. This is not the police
duty. County tax payer is not responsible for disabled/ill people medical treatment.
Police over time lead to corruption. NJ MVC/DMV is not protected by private
security and local police overtime protect the private business. All for the keep the
corruption purpose.
i1
For reasons above, petitioners pray this court for above prayers to be granted.
14.Expungement of FROs/arrest/jailing records.
Test-2. The charges against Petitioner were a) Petitioner told his wife go to work,
do not involve black money transaction, do not take the children to daytime parties
23
which endanger the children, did not bring the India family home money for the
benefit of NJ Judicial authorities,
Test-3. For the above reason, FROs were entered against Petitioner, Arrested/jailed
for multiple times, family value is defamed in USA and India. Anyone abusing these
records is crime. Those records should not be accessible/available to anyone.
For reasons above, petitioners pray this court for above prayers to be granted.
15.New Jersey has no more Jurisdiction for Petitioner family matter.
Test-2. Petitioner and wife Ramya came to United State on Non-immigrant,
temporary work visa. Petitioner belong to Undivided Hindu family in India where
hold our relative bond. Arranged Marriage was family’s Ceremony in India. Indian
Supreme Court ruled that anyone married from India, Only family court in India
have jurisdiction and if outside of India, India family law/court standard should be
followed. New Jersey family court Fraud (judicial) involved and NJ Supreme Court
denied Petitioner’s request with its own error (Judicial defect).
In Sullivan v. Little Hunting Park, Inc., 396 US 229 - Supreme Court 1969 @ 231232
"We had no jurisdiction in the cases when they were here before, and we have no
jurisdiction now. We adhere to our orders refusing the appeals in these cases." 209
Va. 279, 163 S. E. 2d 588."
Test-3. Family Court in India is always available to the Petitioners family matter.
For reasons above, petitioners pray this court for above prayers to be granted.
16.Deduct 20% from NJ Law makers to pay the Petitioners loss.
Test-2. NJ trial/family court/appellate Judges, NJ Supreme Court Judge were
appointed by NJ law makers because of Judges were relative/friend to them. So the
corrupt Judges do corruption/fraud to benefit to them and the lawmakers. For the
Petitioners’ loss, NJ law maker’s wrongdoing contributed. Few month back
approximately 100 NJ Judges were forced to resign from duty because they were
relative/friend to NJ lawmaker so appointed as Judge and their retirement account
had money in disappropriate amount.
24
Test-3 NJ law maker wrongdoing were one of the reason for the Petitioners. Detect
20% of NJ lawmakers, who served in the past 20 years, any and all compensation
including salary, pension, and govt benefit for paying Petitioners’ loss. Future
judicial corruption should be avoided.
For reasons above, petitioners pray this court for above prayers to be granted.
17.Move the Middlesex County’s Court and Childsupport probation
employees in to NJ payroll.
Test-2. These Child support employees work for collecting child support to benefit
of judicial corruption, family court Judges benefit. When the shared custody is
granted, these employees are not required at all.
In this case, Middlesex county court employees involved in the Fraud-on-the
court or judicial fraud consolidation order for the purpose of NJ Judicial authorities
and NJ lawmaker. NJ Judicial authorities and NJ lawmaker have relative/friend
relationship by appointing NJ Judicial authorities.
Test-3. Shared children custody is granted, these employees are not needed. County
tax payer do not need to pay childsupport collection effort or corrupt Judge’s pocket
filled by child support. Enforcing state law so state should pay these employees
salary.
Fraud/judicial fraud on the county court, for the benefit of NJ judicial and NJ
law makers, Middlesex county tax payer should NOT be responsible for the fraud or
any wrongdoing. Moving Middlesex county’s court and childsupport probation
employees should bring the corruption in the NJ judiciary and NJ govt.
Unnecessarily County tax payer do not need to be responsible for the Court
employees wrong.
For reasons above, petitioners pray this court for above prayers to be granted.
18. Order to cut 80% of federal funds to NJ and its Local govt.
Test-2. In the corruption, NJ is in the top 3 and competing Louisiana and
Illinois when the NJ responsible were highly educated than any part of
the earth. The number/density of Doctors, Engineers, Scientists in NJ per square
miles more than any part of earth including Japan. At the time of 2008 recession
Petitioner went to Audi dealer Edison NJ for buying baby car seat, then the peoples
25
(Indians) were standing on the queue to buy Audi cars when everybody in US worry
about housing bubble.
Test-3. Because of more money available, more corruption, more crime were done
by NJ judicial authorities and NJ and its local govt officials.
Fittest should survive. People are rich so they get fit to survive, themselves. Instead
of Federal funds spend in NJ which cause more corruption, those federal fund
should be used in under developed area/regions of US to promote the needy people.
So Petitioner pray this court to cut 80% of federal fund/aid to NJ and its local govts.
For reasons above, petitioners pray this court for above prayers to be granted.
f) Writ(s) against Middlesex County, NJ
19.Middlesex County NJ to pay $42 million dollar for collecting child
support illegally
Test-2. Middlesex family court entered the FRO for fake domestic violence case.
Middlesex County court employees involved fraud on the court/judicial fraud
consolidation order and collected childsupport over $42 thousand dollars based on
fraud consolidation order for the benefit of NJ judicial authorities.
In the KARUPAIYAN v. SIANO | 53 A.3d 662 (2012), Petitioner had spine injury
and unable to work 18 months, Petitioner is only income holder to family, Middlesex
county did not take any effort to get support to the children who suffered home
eviction, heating not affordable, breathed cold air, suffered chest pain. In fact,
Middlesex sheriff should went with gun to Car insurance Company collected the
loss of the Petitioners from car accident injury which is hit and run, a proxy
appeared to testify with knowledge of attorney and trial Judge.
Test-3. This pattern of colleting childsupport happened millions of cases. Nobody
can question this corruption because this corrupt money is shared upto NJ Supreme
Court justice. Partially I paid childsupport thru credit card which I paid 29%
interest. The prayer is reasonable to any unbiased persons. Petitioner pray this
court to order the defendants including Middlesex County to pay 29% Cumulative
interest, so the respondent will not delay the case.
For reasons above, petitioners pray this court for above prayers to be granted.
26
g) Against all Individual defendants/respondents.
20. Jailing L. Naganda, P. Jayabalan; J. Ranjeeth Kumar, Arul
Thirumurugu, David Halpern, Marcia Silva, Craig Corson, Jerald
Council, Stuart Rabner, Jaynee la Vecchia, Barry t. Albin, Anne m.
Patterson, Faustino j. Fernandez-Vina, Lee a. Solomon, Walter f.
Timpone, Glenn Grant, Allison e. Accurso, Patrick Dealmeida, Joseph 1.
Yannotti for 21 years AND Restraining order against these Individuals.
Test-2. Petitioner is head of the family decide what is good for the family. Because I
told my wife to work, do not involve black money transaction against govt of India,
and because I cleaned the lease expired apartment which was forced by landlord for
their illegal benefit, the Petitioners went thru inhuman suffering which no one
should go thru in civilized society, and still continuing. These Respondents
filed/involved/caused the FROs/Fraud consolidation to the Petitioners which
continue to be yet.
They involved in the endangerment/attempted to murder of the Petitioners.
App.100.101. These individual forever endanger the Petitioner, Minor children,
Ramya and continue endanger the forever.
Test-3. Obvious Circumstances, still Petitioners are separated, co-habiting,
parental rights is violated. Cause the Petitioner to be arrested/jailed multiple times.
Jailing these Individual respondents for 21 year and issuing Permanent restraining
order against these Individual is must to protect the Petitioner, his minor children,
and Ramya.
For reasons above, petitioners pray this court for above prayers to be granted.
h) Writs against the Landlord respondents
21. Money Relief to Children by Landlord
Test-2. Petitioner rented apartment in Dallas, TX before Lease expiring with this
landlord, Oak tree village, Edison NJ, which owned by Atlantic Reality. Landlord
got under table money from Jayapalan/Naga and allow them to occupy the
apartment. Landlord told the Petitioner to clean the lease expired apartment which
get the FRO against Petitioner(s), family, children were separated. Petitioner
unable to tell Ramya to go work for kids Marriage expense which is unlimited to
Indian family.
27
Test-3. Children separated from father/parents for 7 years is unacceptable for
anyone in the civilized society. Childhood is gone, unmatchable loss. Also landlord
filed false affidavit with Dist Court that Atlantic reality is not owner of Oak tree
apartment, but negotiated with Edison Township for tax evasion as owner of the
properties and failed to appear as the court ordered for settlement conference. This
court should order landlord defendants to pay 50 million dollar for each Minor child
Petitioner’s marriage expense of children.
For reasons above, petitioners pray this court for above prayers to be granted.
22.Landilord to pay $50 million to pay the Petitioner for leasing
inhabitability apartments.
Test-2. Landlord (Atlantic) leased roof leaking apartment to the Petitioner. Not
only was the Petitioner’s living unit leaking. Whole apartment complex was roof
leaking. Landlord owe continues 4 apartment complex Edison, NJ, all of them roof
leaking. Whenever renter request fix the roof or delay payment until fix the roof,
Landlord file eviction to harass the Talents which is easy since Landlord/Tenants
courts are corrupt with them. Every apartment complex owned by Atlantic roof
leaking, same business model. Previous owner sold the apartment to Atlantic with
when time to replace the roof, Atlantic purchased at cheap rate and do not want fix
the expensive roof fix since Atlantic have relation with Tenant/landlord court Judge
corrupt relation to evict and collect money.
Test-3 Due to leased roof leaking apartment, Petitioner head/scalp got virus
infection and prolonged head ache for years. Petitioner got prescription to heal the
viral infection. Viral infection got many years to heal. Same/similar prayer is in
attached Exhibits.
One of Co-worker when I worked in NY city who lived in Atlantic reality’s
apartment, said she had 2 years old kids who suffered by leaky roof. Whenever she
request to fix the roof, she was told that call 3rd party Middlesex management who
is the contractor to fix the roof.
28
For reasons above, petitioners pray this court for above prayers to be granted.
23. Order that assign the ownership of Landlord any and all business
including Atlantic reality, ownership of any and all rental apartments,
Landlord Halpern’s ownership building to the Petitioners.
Test-2. In the Petitioner vision, more 70 apartment complex owned by Atlantic
reality, on all complex roofs were leaking. Roofing is expensive fix. Any
tenant/renter request to fix the roof, landlord answer should be that roof fix is
giving to 3rd party contract (Middlesex management) so call the 3rd party. Middlesex
management is again owned by landlord/Atlantic/Halpern. Any renter refused/delay
the rent due to roof leaking, the landlord file eviction, over charge the renter and
share the money with Landlord/tenant court Judge. In this case, Petitioner timely
gave notice and timely moved out, lease expired, the landlord filed eviction in the
landlord/tenant court by paying corruption to Judge, robbed me closed to $9,000,
listed me in rental history so unable to rent apartment so the Petitioner and his
disabled sister age close 70 was suffering without home and slept in the car.
In the main holding business, Atlantic reality employee only 13 employees from his
relative to get out of Title VII claims. Other Business, Middlesex management
employees all illegal Latin America peoples so paid low salary illegally or do not
even pay salary for tax evasion. Since the employees were unfairly paid, for survival
they rob the renters who are mostly/90% Indian who have lot of gold jewel, in home.
Test-3. Landlord filed false declaration with Dist court that landlord is only
investor, no interest in the Apartment complex. In an official meeting with Edison,
NJ’s Mayer/council man /politician, Mr. Halpern stated that he is owner of the
apartment building, he wanted tax benefit for the apartment buildings.
Petitioner prays this court for order the ownership of all apartments, Real Estates,
moving/non-moving properties owned by Atlantic reality, Middlesex Management,
and Mr. Halpern and his family to the Petitioner. Petitioner will run the business in
non-profitable way and pay all the taxes landlord evaded against Federal, NJ local
govt.
29
When the Dist court ordered the landlord to appear for settlement conference,
landlord failed to appear. Contempt of Court. This prayer should be granted as
punitive damages
In Cohen v. Office Depot. Inc.. 184 F. 3d 1292 - Court of Appeals, 11th Circuit
1999 @ 1298-1299
“It is true that Rule 54(c) tempers the effect of Rule 8(a)(3) somewhat by
stating that, except in the case of default judgments, "every final judgment shall
grant the relief to which the party in whose favor it is rendered is entitled, even if
the party has not demanded such relief in the party's pleadings."
“at Hanna v. Plumer. 380 US 460,470- Supreme Court 1965 at 1143. Likewise,
in this case, because *1299 Rule 8(a)(3) allows a plaintiff to request in her
initial complaint all the relief she seeks, it says "implicitly, but with
unmistakable clarity" that a plaintiff is not required to wait until a later stage of
the litigation to include a prayer for punitive damages, nor is she required to
proffer evidence or obtain leave of Court before doing so
For reasons above, petitioners pray this court for above prayers to be granted.
i) Writs against Lower Federal Courts
24. Order lower court (Dist Court) to run the case as combined civil and
criminal case when remanded.
Test-2. Fraud on court, judicial fraud, obstruction of justice, robbed the Petitioner
in the name of child support, involved black money transaction against govts and so
on were crime (s).
Test-3. The above crimes are eligible to attach with civil case, run as combined civil
and criminal case so this court should grant the prayer.
25.Lower Court (USCA3) failed to vacate the Sua sponte dismissal of SAC.
Test-2. By Sua sponte, Dist Court dismissed the SAC (ECF-31) based on Rule
8(a).(ECF-56, 57).App.8,14. USCA3 affirmed the dismissal. App.01. On Penal, En
Banc rehearing, 2 out of 3 panel Judges (Judge Rendell and Judge Fuentes) voted to
Petitioner. (App.21)
30
Test-3. In Salahuddin. v. Cuomo. 861 F. 2d 40 ■ Court of Appeals, 2nd. Circuit 1988
@43 ( “this Court fUSCA 2nd Cir] has repeatedly cautioned against Sua Sponte
dismissals ofpro se civil rights complaints prior to 7'equiring the defendants to
answer. See, e.g., Bavron v. Trudeau. 702 F.2d 43, 45 (2d Cir. 1983)). This case, no
defendant answered. No respondent appeared except Middlesex cnty. Lower courts
failed, review by complaint under rule 8(f), rule 12(e ), rule 12(f) and Bell v. Hood.
327 U. S. 678 @ 684. This court should vacate the sua sponte Dismissal of SAC or
order the lower court to vacate the Sua sponte dismissal of SAC when remanded.
For reasons above, petitioners pray this court for above prayers to be granted.
26. Appoint i) Guardian ad litem and/or pro bono attorney
Test-2. Petitioners requested the Lower Courts to appoint guardian ad litem and/or
probono attorney ECF-34. ECF-52, ECF-61, 64 which was denied.
Appoint father Petitioner as guardian ad litem as well denied based on 28 USC§
1654; Osei-Afrive v. The Medical College of Penn., vania,. 937 F.2d. 876(3d Cir. 1991)
Test-3. In Montgomery v. Pinchak. 294 F. 3d 492 - XJSCA, 3rd Cir. 2002 @ 502
(“Montgomery was not a sophisticated, "iailhouse lawyer"). Tabron v. Grace. 6F. 3d.
147 - Court of Appeals, 3rd Circuit 1993 @ 156-157 (The plaintiff's ability to present
his or her case is, of course, a significant factor that must be considered, in
determining whether to appoint counsel. See Hodge. 802 F.2d at 61; Maclin. 650
F.2d. at 888). In this case, Petitioner is homeless, live here and. there, cars, an towed.
away. Suffering from spine injury.
In Bethel School District No. 403 et al. v. Fraser. A Minor. et al. 478 U.S. 675
(1986) (minor is party and his father was appointed as Guardian ad litem.. See @
FRASER 680. The father brought the action in the Dist. Court for FIRST AMENDMENT
constitutional violation. In Board Of Education Of The Westside Community Schools
(Dist. 66) et al. V. Mersens. By And Through Her Next Friend. Mersens. Et. 496 U.S.
226 (1990). @233 ( Respondents, by and, through their parents as next friends, then
brought this suit in the United States District Court for the District of Nebraska for
Constitutional violation. In ANKENBRANDT. as next friend, and, mother of L. R., et
31
al. v. RICHARDS et al 504 U.S. 689 (1992) (mother is party and claimed as next
friend to her minor daughter for tort claim.
In Jacob WINKELMAN. a minor, bv and through his parents and legal
guardians. Jeff and Sandee WINKELMAN. et ah. v. PARMA CITY SCHOOL
DISTRICT. 550 U.S. 516- 127S.Ct. 1994(2007),
In Winkelman. Parents on their own behalf and on behalf of Jacob, filed a
complaint in the United States District Court for the Northern Dist of Ohio, later
their appeal, without the aid of an attorney,
When the USSC examined “The question is whether parents, either on their own
behalf or as representatives of the child, may proceed in court unrepresented by
counsel though they are not trained or licensed as attorneys”
And USSC ruled that (Winkelman @2007)
The Court of Appeals erred when it dismissed the Winkelmans' appeal for lack
of counsel.
It is beyond dispute that the relationship between a parent and child is
sufficient to support a legally cognizable interest [in the education of one's
child!: In this case. Constitutional riehts of appellant Karunaivan*s
Children.
Winkelman @2008
"party aggrieved" means "[a] party entitled to a remedy; esp., a party whose
personal, pecuniary, or property rights have been adversely affected by another
person's actions or by a court's decree or judgment" ante, at 2003-2004.
“rights and remedies are parents properly viewed as "parties aggrieved,"
capable of filing their own cases in federal court. They [Parents] are "parties
aggrieved" when those rights are infringed, and mav accordingly proceed
pro se when seeking to vindicate them”
Winkelman @2011 “They will have the same remedy as all parents who sue to
vindicate their children's rights: the power to bring suit. I agree with the Court that
they may proceed pro se with respect to the first two claims”
32
In this case, Appellant Karupaiyan not only guardians of their
children's rights, Appellant Karupaiyan himself real party/plaintiff for his
claims which is unlike Osei-Afrive. USCA3’s ruling against this case Appellant
father.
In this case Prose father parental rights under 14th amendment, Washington
v. Glucksbers. 521 U.S. 702 (1997). Troxel v. Granville. 530 U.S. 57 (U.S. 2000,).
Children has right on the Reverse of Parental rights, 14th amendment Equal
Protection Clause.
1)
Rule 17(c) Robidoux v. Rosensren. 638 F. 3d 1177 - Court of Appeals, 9th Cir
2011 @ 1182 “District Courts have a special duty, derived from Federal Rule of Civil
Procedure 17(c), to safeguard the interests of litigants who are minors. Rule 17(c)
provides, in relevant part, that a district Court "must appoint a guardian ad litem or
issue another avmonriate order .
2)
In CJLG v. Barr. 923 F. 3d 622 - Court of Appeals, 9th Circuit 2019, @632
“children have due process rights to appointedcounsel. See, e.g., In re Gault. 387
U.S. 1, 36-37, 87 S.Ct. 1428, 18*632 L.Ed.2d 527(1967)”
In CJLG @ 633-639 “When determining whether there is a right to counsel in civil
proceedings, like here, the Court must "set [the] net weight" of those three factors
"against the presumption that there is a right to appointed counsel only where the
indigent, if he is unsuccessful, may lose his personal freedom." Lassiter v. Pep % of
Social Servs. of Durham Cty.. 452 U.S. 18, 27, 101 S.Ct.2153, 68L.Ed.2d. 640
(1981). The Lassiter presumption is rebuttable. Id. at 31, 101 S.Ct. 2153,\ Mathews,
424 U.S. at 348, 96 S.Ct. 893. The government also has an interest in fair
proceedings and correct decisions.
In CJLG @ 639, “Providing counsel would be costly to the government, but the
government already chooses to undertake similar costs here. It would also lead to
fairer, more accurate decisions—decisions that a broader public might view as more
legitimate
For reasons above, petitioners pray this court for above prayers to be granted.
33
j) Additional
27. Order for each respondents to pay the Petitioner (s) for each count of
discrimination, wrongdoings, injuries and so on.
Test-2. There are over 100 count of wrong doing did by the respondents. There
respondents involved uncivilized crime, wrongdoing, fraud on the court, judicial
fraud. Wrong against elected govt including crime like money laundering, contempt
of court, dishonor the court order, violated the many constitutional rights, federal
statues, and violated cohabitation, sexual rights of Petitioner. Parental rights 14th
amendment.
Test-3. The above wrongdoings are uncivilized to judicial decision makers. The
suffering to the Petitioners were continuously happening till today. The respondents
involved fraud on the court, judicial fraud, obstruction of justice, dishonored the
court order, contempt of court and so on which were serious wrongdoing. The
respondents killed the childhood of my children in front of my eyes for 7 years. The
compensation money prayed against the respondents were to punish them seriously
so they will not repeat their wrong. In NJ millions of families were robbed by NJ
judicial authorities, local govt official by fraud family/trial courts. So Petitioner pray
the money reliefs from the respondents as in the Exhibit-28. Exhibit-29. Exhibit30. and Exhibit-31. Because I filed US Dist court case, they attempted to murder
the Petitioner, cause spine injury which I suffer till today. App.99.100.
For reasons above, petitioners pray this court for above prayers to be granted.
28. Order the Local Govts and NJ Judicial Authorities to pay as per the
exhibits attached to the Minor Petitioner marriage expense.
Test-2. When the Petitioner told Ramya, petitioner wife to go work for the children
marriage expense which is no limit for Indian social culture, NJ judicial authorities
issued FROs against Petitioner, further involved in Judicial Fraud consolidation,
shared the billing child support money up to NJ Supreme court Justices. Middlesex
cnty employees’ involved Fraud consolidation order caused the FROs to be un
appealable, permanent. Landlord, Atlantic reality is the original, start of the
problem which caused the FROs. Because FROs un-appealable, permanent which
cause the Petitioner unable to tell Ramya to go work until now.
34
Test-3. Petitioner is head of the family of undivided Indian family. When the head
of the family decide what is good for the family, nobody stands against it which is
crime. Of course, even USA, why should anyone involve against family financial
income and best interest of the children education. Even in NJ jurisdiction, anyone
tell the spouse go to work for kids need how NJ judicial authorities involve against
that family best interest. In NJ jurisdiction, they ruled that $250 divorce, $45
marriage/remarriage license is available for unlimited sex which either Indian
Supreme court justices or their family member or this Petitioner would agree.
Marriage expense is no limit for Indian families. Prays for each defendant to pay $3
million per head of the respondent of local govt, NJ judicial authorities to each
minor children. Order the prayer, All money petitioner able to spent. Spending is
economy,
For reasons above, petitioners pray this court for above prayers to be granted.
29. Order the each defendant to pay for the Petitioners’ effort, pain and
suffering, expenses, litigation cost or pain and suffering by litigation.
Test-2. Over 7 years the litigation is going on. Lot of effort to draft the pleading. Lot
of painful effort to draft with spine injuries. Because I dedicated time to draft the
pleasing I was not able to physical activity to bring down the blood sugar went up.
Now both leg, foot are numbing. Im afraid kidney should be permanent damage.
Due to Situs inversus the born defect, adapting body parts is not possible either.
Test-3. The defendant hired someone to attempted murder the Petitioner. The
attack to the Petitioner was deadly, injured the pain. With the pain in the spine,
Petitioner drafted all pleading. Pray USSC to order them $5 million dollar each
defendant should pay for the time and effort, pain and suffering. In the painful
situation, appointing attorney also denied. Or this prayer should be paid in pain
and suffering. When I tried to find attorney and unable to find since Im poor and
not able to pay down payment to the attorney. Lower Court denied pro bono
attorney as well. Also I have claim against the NJ Supreme court violation of
freedom of information act.
35
Bovadiian v. Cigna Companies. 973 F. Supp. 500 - Dist. Court, D. New Jersey
1997@504
Although plaintiff may not recover attorneys’ fees, he may recover litigation
costs reasonably incurred. See Cunningham. 664 F.2d at 387 n. 4; Carter, 780 F.2d
at 1482; DeBold. 735 at 1043 (citing Crooker v. United States Den't of Justice. 632
F.2d 916, 921 (1st Cir.1980)) ("[A] pro se litigant who substantially prevailed
certainly is entitled to 'litigation costs reasonably incurred’ A pro se litigant is
made whole thereby, serving as a small incentive to pursue litigation if no attorney
may be found to represent the litigant.")
The First Circuit has reached the opposite conclusion
in Crooker v. Department of Justice, supra, holding that "in actions where the
complainant represents himself, sometimes as a hindrance instead of an aid to the
judicial process, an award of fees does nothing more than subsidize the litigant for
his own time and personal effort. For reasons above, petitioners pray this court for
above prayers to be granted.
XXI.
CONCLUSION
Petitioner(s) Palani Karupaiyan, PP, RP pray(s) the US Supreme
Court for the Petition for a Writ of Certiorari should be granted.
Respectfully submitted.
Palani Karupaiyan, Pro se, Petitioner
110 Caton Ave, #2M
212-470-2048(m)
palanikay@gmail.com
36
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.