Petition for Writ of Certiorari — Ibrahim v. Wal-Mart Stores, Inc.

Court, U.S. yi

FILED }

99206 1MAR 27 200

urrive OF NQ. CLERK

IN THE

SUPREME COURT OF THE UNITED STATES

IKECHUKWU AFI IBRAHIM-PETITIONER

VS.

WAL-MART STORES INC., -RESPONDENTS

ON THE PETITION FOR A WRIT OF

CERTIORARI

TO THE UNITED STATES COURT OF

APPEALS, 4TH CIRCUIT

PETITION FOR WRIT OF CERTIORARI

IKECHUKWU AFI IBRAHIM

812 LASALLE AVENUE APARTMENT #12D

HAMPTON VIRGINIA 23669

NO PHONE NUMBER

i ate ite ae

OR RED Pome

QUESTIONS

I was ask to put carts in rail before I went home. My

shift time was from 7-4, at 3:58 CSM told me what my

manager had asked, and I said no, because I had made

plans. That’s when my troubles of the past and present

personnel files of mine started. But was not fired for.

Is conspiracy to hinder civil rights violating equal

protection of all laws?

Does bias and prejudice deepen the evil?

When equal protection of laws is not given to

citizens, is the clause going to look deep enough to

secure rights it seeks to protect?

Is false write-ups a conspiracy to deprive?

Is a venue change from the stipulated court place a conspiracy?

When at the time of being at place stipulated, was the location

changed then and only then, no previous letters etc. was given,

from one Federal court to another Federal court. When court

denies Federal Rules of Procedure particular (803, 406 etc), a

protection of rights given by Congress, constitution and Federal

Rules of Procedure has that deprive of, given effect to conspiracy

to deprive?

CEO made a statement voluntarily that included

women & minority. Does racial classification of races

give rise to racism?

The 14th admendment of the Constitution protects

against causes and effects of racial biases. Does his

influence about race violate Equal Protection Of The

Laws?, being that his agents could read his message to,

because the statement was in a library reference book,

because my filed complaint has not been of a

questionable issue since EEOC file of discrimination

and retaliation, is that depriving me of my rights also in

another form?

Can a Pro-se who is not a lawyer be denied the use

of Federal rules because I was not aware of specific

form the rules of evidences had to be propered for

fact-finder?

Is two witness’s that Supervisor wrote of supposed

to be in the same place when I said no?

LIST OF PARTIES

ALL PARTIES APPEARING IN THE CAPTION OF

THE CASE ON THE COVER PAGE.

PROCTORS OF WAL-MART STORES, INC.

IT’S LEGAL TEAM

CEO (DAVID GLASS)

EEOC TEAM

WAL-MARTS STORES, INC. ATTORNEY’S

(WEBB & DANIELS)

JUDGES OF THE FEDERAL PROCEDURES

Pee yY

To be filed by: 06/01/99 Jhl

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Richmond, VA

19 May 1999

No. 99-1637 Ibrahim v Wal-Mart Stores, Inc.

DISCLOSURE OF CORPORATE

AFFILIATIONS AND ENTITIES WITH A

DIRECT FINANCIAL INTEREST IN

LITIGATION ONLY ONE FORM NEED BE

COMPLETED FOR A PARTY EVEN IF THE

PARTY IS PRTRESENTED BY MORE THAN ONE

ATTORNEY. DISCLOSURE MUST BE FILED ON

BEHALF OF INDIVIDUALS AS WELL AS

CORPORATIONS AND OTHER LEGAL

ENTITIES. COUNSEL HAS DUTY TO UPDATE

THIS INFORMATION.

Pursuant to FRAP 26.1 and Local Rule 26.1

I answered no to all questions. Was given reason to

fill-out

Disclosure to prevent lack of prosecution or default.

“s/Ikechukwu Afi Ibrahim”. I’m the appellant

oe

me ee

7 Pa ae

ee ae

a

TABLE OF AUTHORITIES CiTIED

CASES

U. States v Price, 383 US 787, 86 S Ct 1152, 16L Ed

2d 267

Great American Federal Savings & Loan Asso. v

Novotny, 442 US 366, 99 S Ct 2345 60 L Ed 2d 957

US v Johnson, 390 US 563, 88 S Ct 1231, 20 L Ed

2d 132

Griffin v Breckenridge, 406 US 88, 91 S Ct 1790, 229

L Ed 2d 338

Young Dental Mfg. Co., Inc. V. Q3 Special Prods.,

Inc., 112 F.3d 1137, 1141 (Fed.Cir.1997)(FRofCP)

Luden’s Inc. v Local Union No. 6 of Bakery,

Confectionery & Tobacco Workers’ Int’l Union of

America, 28 F.3d 347,353 (3d Cir.1994)(case may be

modified as a “case stated”;

Murphy Exploration & Prod. Co. v Oryx Energy Co.,

101 F.3d 670, 673 (Fed.Cir. 1996)stipulated facts

Wiley v United States, 20 F.3d 222, 224(6th

Cir.1994)facts

Jeffery v Sarasota White Sox, Inc., 64 F.3d 590, 594

(11th Cir. 1995)whether evidence presents a

submission to jury

Anderson v Liberty Lobby, Inc. 477 U.S. 242, 249,

106 S Ct. 2005, 2510, 91 L.Ed.2d 202 (1986)doubts

and inferences

Eastman Kodak Co. V_ Image Technical Servs., Inc.

504 U.S. 451, 456, 112 S.Ct. 2072, 2076, 119L.Ed.2d

265 (1992)

Adickes v S.H. Kress & Co., 398 U.S. 144, 157-59,

90 S.Ct. 1598, 1608-09, 26L.Ed.2d 142 (1970)

Anderson v Liberty Lobby, Inc. 477 U.S. 242,255,106

S.Ct.2505, 2513,91 L.Ed.2d 202 (1986)discretion of

the ct.

Constitutional Amendments

14th amendment (equal protection of all laws)

Statutes & Rules

18 USCS 241

42 USCS 1985(3)

Federal Rules of Procedure, (803,406) etc.

Rule 56 (as a matter of law)

TABLES OF CONTENTS

i EE SEES i

DISCLOSURE STATEMENT..............cccccscssseseeeees il

a lil

TABLE OF CITIED AUTHORITIES..............0.000-. iv

REASONS FOR GRANTING THE WRIT............. I

OPINIONS & JURISDICTION. .........c..ccccccsseese. 2

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED................cccccscecsceseseseee 3

STATEMENTS OF THE CASE.............cccccccesseesees, 4

SS 5

Pe Recall Nsccatinossesssesconsncoceserese 6-37

EE 38

INDEX TO APPENDICES

A=WAL-MARTS OPEN DOOR POLICY............ A

cies cctssssscseccsesescscece cess B

C=EEOC OF THE NORFOLK ARBA............060.0.. Cc

D=4TH CIRCUIT COURT OF N. NEWS VA.......D

E=U.S. COURT of APPEALS (4th Cir)................. 5

0

* REASON FOR GRANTING PETITION

Judge denying me use of Federal rule

803(17) & 406 etc. My equal protection

rights have been hindered by conspiracy.

Violating of my rights as a citizen of this

State.

Wal-Mart Stores, Inc., its legal team,

attorney's, Courts, eeoc members, proctors

involved give rise to conspiracy to conspire.

The Wal-Mart Stores, Inc. Constitution &

policy was violated by proctors and courts

violated the laws of equal protection of all

citizens(African, American, Asian, Blacks

etc. )that are born in a state of the United

States, laws that are to be justified through

the writing of non-bias and non-prejudice

laws. Not as these intellectuals we have

encountered on this sweep of injustice have

abused the law of color etc. with the “tacit

assumptions” of laws, as society views the

so-called NEGRO that GOD has not created

us differently with certain inalienable rights.

| had the right to say ‘no, | have planned

something to do after work.” When asked or

told to stay back and round-up carts 2

minutes before my normal schedule time to

go home. Normally others of the store

round-up carts with stockman or without

stockman. The task takes hours to complete

when only one stockman is scheduled and

has to perform all stockman duties alone.

Such was my case. -

Also | told judge Morgan that an inchoate

offense had occurred and that the four

write-ups used by attorney for Wal-Mart

Stores, Inc.for summary judgement as a matter

of law were false write-ups. Were proven to

judge Morgan and he said so too after |

proffered it. Then later said I just disagree.

Another is the CEO statement and the

handbook stating that proctors were to

schedule our breaks and lunch times, they

did’nt and because so used it against me

wrongly. CEO stated that women & minority

were not prominent in Wal-Marts

Mangement hierarchy, however. In

Everybdody’s Business published in 1990 found

in the public library reference book.

Performance Coaching formWMP-63 4/90 that

I rely on states that if this particular problem

/opportunity does not occur again within

twelve months this form/write-up will be

removed from associates file.

OPINION & JURISDICTION

IN THE

SUPREME COURT OF THE UNITED

STATES PETITIONS FOR WRIT OF

CERTIORARI

Petitioner respectfully prays that a writ of certiorari be

issued to review the judgements below.

OPINIONS

Cases from the Federal Courts:

The opinions of the United States District Courts

appears in Appendix E& D of the petition and is

reported at Norfolk and Newport News circuit court

offices of Virginia.

The opinien of the United States Court of Appeals

appear in Appendix F of the petition and is reported

in Richmond

Virginia area for all of the above circuits.

2

JURISDICTION

Federal Court case:

The Fourth Circuit Court of Newport News & The

Fourth Circuit Court of Norfolk, both of Virginia.

The date which United States District Court decided

my case was summitted to United States Court of

Appeals December 16, 1999 (CA-98-72-4)

The United States Court of Appeals For The Fourth

Circuit case No. 99-1637 referred to as (CA-98-72-4)

was decided December 27,1999

Constitution of the U.S. (14th admendment, etc.)

CONSTITUTIONAL AND STATUTORY

PROVISION INVOLVED

14TH Amendment to United States Constitution

Federal Rules of Civil Procedures

Civil Rights Statutes

Civil Rights Act of 1964

Civil Rights Act of 1991

Civil Rights"Act of 1870(1981)

18 USCS 241

42 USCS 1985(3)

Schwartz Constitution Law 9.2-9.5 (1979)

McCormick Evidence statutes 212-217 (4th ed. 1992)

Equal Rights Statutes

Conspiracy Provisions

STATEMENT OF CASE

The case has had an inchoate conspiracy conspiracy

writing ever since a proctor wrote a performance

coaching form starting with proctor Ronnie, then

MaryJo, then Blake and again MaryJo. Others

involved are manager Ed, 2nd in command of

Wal-Mart Stores, Inc. 1631 Walton, CSM, and Gist.

My proof of how many write-ups in one year has been

over looked by Judges and used as a conspiracy by

proctors, to make me guilty of their right to terminate.

Rules 803(17) and 406 of Federal Rules of Civil

Procedure etc. have been denied/violated to find facts

for defendants cause, by fact finder. Its‘been and is a

conspiracy to hinder my rights.

The judge said that I could not use rules

803(17),406,14th amendment nor proofings of false

write-ups.

Congress and Federal Rules of Civil Procedures state

that Federal rules are to be followed in Federal Courts

by fact finders. Thus given rise to conspiracy to

hinder my rights, because judge did’nt follow rules.

Also | had the right to say NO to staying over to

round up carts.

Handbook rule, constitution and court rules have been

swept underneath the rug to favor defendant:

CONSPIRACY CONSPIRACY

I was not terminated when I reported that my

supervisor had wrote a PCF stating that I had

insubordination for not doing OT to Co-Manager

Gist. Thou after he sent me home at about 9 o’clock

the next day I was terminated. Mary-Jo said that I had

said yes to OT but I had said No, then he went home.

MEANINGS

Glass Ceiling : Women & people of color are

recruited into management positions but are rarely

promoted into the highest position. (Federal Rule of

Civil Procedures 406 proffers the CEO’s statement

and factfinder not allowing me to use the rule as a

conspiracy to hinder my rights.)

RACISM : (Exit because of the acts of many

individuals who either make and/or carry our

discriminatory practices and/or allows them to

continue.) When racial prejudice is combined with the

power to discriminate against any & all members of

the group, its called racism.

MINORITY : Inferiority, low quality, deficiency,

imperfection, shortcomings, inadequacy, mediodrity,

commonality, commonness, poorness, meaness,

subordination, subjection. It’s verb to be inferior, not

pass the muster; lack, want, the party that has the

fewest votes. Adj indifferent, secondary, second-rate,

subordinate, lower, diminished, reduced, unimportant,

bad. In the law dictionary “In the context of the

constitutional guarantee of equal cli

protection, minority does not have a merely :

numerical denotation; rather it refers to an identifiable

and specially disadvantaged group.” at

CLASS : division, subdivision, category, pending:

order, section; department, province, domain; type,

kind, sort, genus, species, variety, family, race, cewew)

cast, clan, breed, sect. ’:

CULTURE : the application of labor or her means

of improvement, discrimination, race of people.

PROMINENT : important, consequential, weighty,

considerable, significant, notable. The verb deserve

consideration, be worthy of notice, merit attention,

matter etc.

SUBJUGATION : dependence, subordination, thrall,

bondage, slavery, servitude, enslavement, service,

employ, submission, obedience, the verb: fall prey

to,be at the mercy of, play second fiddle to. adjective:

subordinate, under control.

REPRESSION : counter manuever,

hinderance,interference, friction, response, check.

verb:counteract, oppose, antagonize, hinder, impede,

repress, undercut, nullify, cancel out, undermine,

react. adjective: conflicting, contrary, reactionary.

Adverb: although. Prep: inspite of, against.

PRETEXT : allegation, makeshift, shallow excuse,

reason. .

SOPHISTRY : intuition, instinct, hunch,

presentiment, cauistry, jesuitry, pervision, (informal)

bull, false statement; fallacy, sophism. Sophist.

Adjective: evasive, fallacious, illogical, weak, subtle,

over-retined, incorrect. Verb: reason falsely,

mislead, misrepresent, intuit, beg the question,

_ subtilize, gloss over..

COLOR : secondary color, in law dictionary

semblance; disguise. Color is often used to designate

the hiding of a set of facts behind a sham, taking

advantage of the confidence but technically proper,

legal theory or legal right.

COLORABLE : that which presents an appearance

which does not correspond with the reality, or an

appearance intended to conceal or deceive.

PROMISE : a declaration of one’sintention to do or

to refrain from doing something. It can bind the

person making the declaration to the thing declared.

SUPREMACY : control, influence, jurisdiction,

command, rule, sway, power, dominion; judge, ruler,

warrant, justification, permit, sanction, liberty,

authorization. Verb authorize, empower, commission,

allow, permit, sanction, approve; justify, legalize,

support, back; administer, govern.

Adj: peremptory, magisterial, imperative, dogmatic,

masterful: executive, administrative, sovereign,

regnant, supreme, dominant, paramount, predominant,

influential, official, decisive, valid, absolute.

PETITION

Wal-Mart Stores, Inc. has intentionally

discriminated racially against me.

Ikechukwu Afi IbrahimUNITED INDEPENDENCE

'PRO-SE

Facts of racial discrimination( white supremacy) in

workplace. |

Application of Wal-Mart Stores Inc for employment

in Virginia states rules and constitution of theirs to be

followed and at will employment etc. Then the New

Hire form ‘states that for the first 90 days you can be

terminated for no reason or any reason (at- will

policy), for continued employment job evaluation

must be standard or above to maintained position after

90 days. To me this is Wal-Mart Stores Inc at-will

policy written in their constitutional laws.

6

They gave more rights after 90 days trial. Library of

Congress allowed printing of David Glass statement

that he believes in one culture were ordinary people

can become overachievers. That women and

minority are not prominent in the Wal-Mart Stores

Inc management hierarchy, (however.) ***Rule

803(17) and 406 of FCRP evidence***. There has

been a conspiracy to hinder my rights, (I not guilty of

the four write- ups given in that one year.) Proffered

to judge that write-ups were falsely write-ups

(primacae, defense used to terminate, (pretext, of their

progress) on racial discrimination count. Proctors

intentionally not using (rules stated in handbook) to

schedule breaks and lunch hours along with work

hours. Buddy (the manager of Wal-Mart Stores Inc at

that period intentionally

discriminated against me, in many ways. He woud

also endanger customers by fighting with other

customers in the store while other customers were

paying for their goods,

his actions were approximately ten feet away from the

register that lead to the exit doors for customers. To

the extent of his actions of only fighting with black

customers gives the inferrance of white supremacy to

those looking on.

_ By not writing up covert/overt situation that a white

employee started against me.(infers white supremancy

bayseanism with his head in the dirt.) Buddy had me

to work under that same employee, knowing that

minority/inferior situation of white over looking

black, superior complex had(made me take the orders

given by that white(racist) employee.) Buddy said

that I must shave or do not come back to work (a

racial order toward a so-called minority). He once

said that I was to become a part-timer. (When) I was a

full-timer (employment discrimination). Because of

the intentional things he said and did he acted

incorrectly for an unjust cause.

A promise policy of no retailation for reporting

supervisor, | whistleblowing etc., use writing or

verbally state.(denied to me (a black) when | reported

my supervisor’s actions). Not getting paid after being

sent home for reporting supervisors racial actions.

Policy on retailation, and rules saying pay when

associates is sent home, were denied, is intentionally

disregard of employees rights done to me by a

Co-manager (proctor of David Glass).

Supervisor using a as a witness an associate that was

not where I was or with the CSM when she told me

what Mary-Jo who was my supervisor then said I

could do. Which was tell Ikechukwu to stay and

round-up carts before he goes home. My work hours

were from 7-4 and at 3:58 CSM reported to me why I

was to stay back. | said no, | had plans for the

immediate evening.(meaning that my plan was to be

accomplished by 4:30.

My saying no isn’t a reason to be insubordination,

when asked/or told to stay past time of regular

schedule hours at going home time. Anyway the rule

state that proctors will schedule your work hours for

over time. working with you. (So that you’ll know

how to plan etc). Supervisor made me a subordinate

and said | was insubordinate for saying yes I’d stay

and round-up cart but went home. When only one

stockman is on duty, like I was, the other departments

use their people to round-up carts because stockman

has clocked-out or they help that one stockman

because his duty is to sweep floors, round-up carts on

a lot the size a football field plus, help customers that

asked for assistance, assist in lay-a-way, and do

whatever is asked of him by other department bosses

oh and clean men and women restrooms of customers

and breakroom area. To me that is a lot to maintain

at all times, really to much to maintained at all times.

Mary-Jo not using handbook rule about my not doing

over-time to round-up carts that could have taken over

an hour to complete depending on the amount of

customers coming into the store.

11

ls ACONSPIRACY TO HINDER RIGHTS. By

writng false 4 reports with-in a so-called year by

proctors of (David Glass racist agency). No black

managers (not Co-manager puppets) of the store

ever since store opened. Privacy act is a part of

situation when supervisor Blake intentionally videoed

me working in the break area from a unknown

location to me, takings of me clocking out & in and

looking at the clock.. The Act of 1968. Manager

Ronnie talking to law enforcement agents on the car

lot of Wal- Mart Stores Inc instead of in his office or

somewhere in the store, he talked to him from where

we have to round-up carts from. A later night Ronnie

accused me falsely of walking on top of pillows and

called me to the office later and was telling me that

his manager was so mad that he could eat me alive

(conspiracy of proctor) there were no witnesses, he

was suppose to have one witness. At sometime after

11 pm he had not finished what had started at 10 pm,

12

oe

I told him that I had to leave because of buses

schedule, and he said its not over, we’ll finish this

when | come from vacation. That night law

enforcement agents came to the bus stop and asked

me for my I. D. When asked why she replied

some-one on a car phone in a car had reported

some-one lurking in woods. The male law

enforcement officer looked on.(Not a coinsident, but

much more of the conspiracy to hinder my rights.

Ronnie told Co-manager Walton and manager Ed to

get excited (white racist instillment) using my bike

that had been kept in doors as an example, which he

had me put out side. Had to legally change my name

because Buddy didn’t like the African name. I was

the only one in the whole store that had to change

name to match the one on paychecks, Aluncha has

Dee on his name badge thats not on his paycheck and

a white girl had Grasshopper on her name badge but

not on her paycheck, they both were not told to

13

change there names to the one on there paycheck.

Other whites etc. in the Wal-Mart Store have said no

to doing overtime and proctor did not confuse there

answer of saying no to a one of saying yes like

Mary-Jo did lie.(conspiracy). Ronnie signing Co-

manager Walton’s (his buddy, that kept silent about

the white supremacy act of lieing about me walking. |

over pillows) signature as a witness (conspiracy) to

the situation when in fact there was no witness,

(fasleness equating white racist incorrect action _.

again.) Blake once conspired saying that | had to.

sign a report that I had told him was false therefore I

was not signing that which he had wrote(my rights .

were hindered again.) that rule is not in handbook

and it was never told to me before by any proctors .

previous that that by not signing was grounds for

termination.(another to conspire to hinder my

rights). RECONSTRUCTION ADMENDMENTS |

used in court of Judge Morgan Cooke Jr. he denied

my right to use the admendments (conspiracy to

hinder my rights) especially the Fourteenth

14

Amendment to the United States Constitution. The

13th,14th, & 15th sweep were perpetuated by the

courts action equated to injustice (white supremacy

racist action). They conspired according to the

meaning of the Declaration of Independence

delivered to Congress July 4 1776 paragraphs 1&2.

Another racial discrimination/white supremacy act

is the posting of managerial position in an

exClusively all white managers office where minority

and women could not know of the available

positions. The Pledge of Allegiance paragraph | states

One Nation under God with liberty and Justice for

all... Ronnie change pay raise of twenty-five cents

annual evalution pay to twenty cents (employment

discrimination (racism), never happened previously

or told of such an act. (incorrect and injustice).

This collective white supremacy (racism), of

injustice continued to be subtle and perpetuated the

racial discrimination of the past and in many of its

ways were furthered by the lawyers asking for defense

15

and attorney fees from me and the procedures used for

towards a pro-se. Conspiracy to

racism/ discrimination was/is what Wal-Mart Stores

Inc proctors and David Glass have perpetuated and a

subtlely understood act (David Glass's (CEO) white

racist way of dealing with the laws of the land)

OPEN DOOR COMMUNICATION POLICY

Promise has a code of race discriminate only

WRITTEN IN IT. The companys proctors made

by-laws and not told too associates until they were

violated and in most cases as was mine written-up for

the violation. A quarantee that the associate could be

at fault at least once. Twice in one year an associates

could be terminated and if problem did not occur

again within one year associate was to bring to the

attention of proctor to have report removed form

his/her file. EEOC and Courts Transcript conspire to

conspiracy to hinder my rights. How? The EEOC

deciding not to investigate the people that I told them

of that knew of the acts that I described on their form

16

when reporting the incident and the courts

trancripting of what happen is incorrect in some

places (somebody's name is written, that I was

supposed to have said and I did’nt say nor know of

any one with that name). EEOC gave me my right -to

sue letter (dismissed). | responded filing within a 90

' day period. But when I got to court of Judge Morgan

Cooke Jr. he only mentioned the complaint that the

EEOC had filed, not the case suit that I had served on

Wal-Mart Stores Inc filed in the Newport News

Federal Court. Rule 61 states that; Efforts of Mutiple

Errors: Although each individual evidentiary error

might not, standing alone, have affected a party’s

substantial rights, the court may find that the

collective effect of multiple evidentiary errors

deprived the moving party of a fair trail. Phoenix

Associates III v. Stone, 60 F .3d 95, 105 (2d

Cir.1995); Kopf v. Skyrm, 993 F .2d 374, 381 (4th

Cir. 1993).

This has happen to my uses of rule 406, 803(17),

admendment rights. (non-moving party)

17

All being denied by Judge Morgan Cooke Jr. Because

of form he says. But I as a Pro-se knew nothing of a

form when he asked for the prepared evidence, that

evedence I presented him. Errors in Admitting or

Excluding Evidence: if the evidence wrongfully |

admitted or excluded was cumulative,...Errors in such

rulings are harmless if the party raises no objection,

none were raised by defense(attorney)..I tried to us¢

those rule (object) '

| told the judge that Indians had filed suit and

carrying Wal-Mart Stores Inc to court to stop-their

building of a store on Indian Sacred Burial Ground,

that that type of evidence from a computer in the

library and any other type of computer information

that could help me would not be allowed in.his court,

he said CEO statement wasn't in form of evidence:

Judge Bradberry knew attorney failed to meet his:

deadline of answering to the complaint that was

served on Wal-Mart, by delivering the complaint, °

18

summons and time to answer to manager in charge,

Mr. Roberts, the day the decision was made and

agreed upon to hold and exchange informations etc,

the judge told Christine to call the attorney and tell ‘

him to filed an excuseable neglect 6(e), note after he

had answered late. Later I was mailed a letter saying

that attorney Eugene Webb Jr. had used rule 5(c)

allowing the service to be complete upon mailing. |

was not under the same rule. I was under the rules

4and 6 not 4-6. SAME WHEN UNDER THIS

RULE

Now going back to rule 60 Other Methods for

Seeking Relief From Judgements @ /ndependent

Action: independent actions are permitted in only

exceptional cases to prevent grave miscarriagees of

justice. United States v. Beggerly, U.S. ,118S.

Ct.1862, 141 L. Ed. 2d 32 (1998)

Fraud on the Court: The district court.... The court

may grant on its Own or on motion.

Note: To constitute as a fraud on the court, the

19

alledged misconduct must be something more than

fraud among the litigants. Instead, the misconduct

must be an assault on the integrity of the judical

process, which defiles the court itself or is

perpetuated by officers of the court in such a manner

that the impartial system of justice fails to function.

Baltia Air Lines, Inc. V. Transaction Management,

Inc., 98 F.3d 640, 642 (D.C.Cir. 1996) (citing bribery

of a judge or an attorney’s knowing participation of

prejured testimony); 7ransaero, Inc. V. La Fuerza

Area Boliviana, 24 F.3d 457 (2d Cir.1994).

When the Federal court of Norfolk (Judge Morgan

Jr.) took the case from the agreed upon location of

Newport News to his without proper notice and

attorney knowing before I did, that court had been

changed to Norfolk. By going to Newport News Court

then she went over to Norfolks court for two and

a half hours, infer a nature of suspicion. A function of

some systems of justice(way of practicing unjust,

incorrect and color/colorables using the hidden guides

20

of law blameing other things of the system for their

wrong. The purpose of Summary Judgement is to

isolate, and then terminate, claims and defenses that

are factually unsupported. The Supreme Court has

emphasized that summary judgement is to be viewed

not as a disfavored technical shortcut, but rather as an

integral component of the Federal Rules. Summary

judgement motions must be resolved not only with

an appropiate regard for the rights of those

asserting claims and defenses to have their

positions ruled upon by a factfinder, but a/so with

due regard for the rights of persons opposing such

claims and defenses to demonstrate, under this Rule

and beforetrail, that the claims and defenses have no

factual basis.

Under Rule 56(c). MOTION AND PROCEDINGS

FOR SUMMARY JUDGEMENT Doubts and

Inferences

“In ruling on motion for summary judgement, the

court will never weigh the evidence or find the facts.

21

a

Instead, the court’s role under Rule 56 is narrowly

limited to assessing the threshold issue of whether a

genuine issue exists as to material facts requiring a

trail. Thus, the evidence of the non-moving party will

be believed as true, all doubts will be resolved against

the moving party, all evidence will construed in the

light most favorable to the non-moving party, and all

reasonable inferences will be drawn in the

non-moving party's favor.” “ “Reasonable” inferences

are inferences reasonably drawn from all the facts

then before the court, after sifting through the

universe of al// possible inferences the facts could

support. “Reasonable” inferences are not necessarily

more probable or likely, than other inferences that tilt

in the moving party’s favor. Instead, so long as more

than one reasonable inference can be drawn, and that

inference creates a genuine issue of material fact, the

trier of fact is entitled to decide which inference to

believe and summary judgement is not appropriate.”

Credibility Questions

The court will not weigh the credibility of

witnesses or other evidence in ruling on a motion for

summary judgement. Evaluating credibility,

weighing evidence, and drawing factual inferences are

all functions reserved for the jury.

Standards for Granting or Denying Summary

Judgement

Material Fact: Whether a fact is “material” hinges

on the substantive /aw at issue. A fact is “material” if

it might affect the outcome of the case. Disputes over

irrelevant or unnecessary facts are insufficient to

defeat a motion for summary judgement.

Appropriate As A Matter Of Law: Judgement is

appropriate “as a matter of law” when the

non-moving party has failed to make an adequate

showing on an essential element of case, as to which

has the burden of proof.

WAL-MART STORES INC attorney’s used the

four write-ups in one year , “as a matter of law”

defense reason to terminate.

23

Weil I told judge that I had not been told of that

rule but that I knew of a form from earlier days

when I was written-up. It stated that if this

problem/opportunity, attendance/ardiness, conduct

performance happened again within a twelve

-month period that this particular “verbal

reminder/discussion” signed and dated statement

will be attached to the Written reminder, Decision

Making Day or Termination form and placed in the

associates’ personnel file.**** IF THIS

PARTICULAR PROBLEM/OPPORTUNITY

DOES NOT OCCUR AGAIN WITHIN THE

FOLLOWING TWELVE MONTHS, the associate

should bring this fact to management attention and

this form will be removed from his/her personnel

file.

ASSOCIATES’ PERFORMANCE COACHING

RECORD WMP-63 is the number of the form that I

reasoned to rely on cause it was the first form applied

to associates.

I once reported a coaching to a District Manager name

Chris Muller for having not done the problem within

one year and he said that it was to remain in my file

because the word performance was included. | had not

done the same problem that I was not reminding him

of, which stated that what had happened affected my

performance. My problem/opportunity stated was

different totally than other coaching in file.. Again

the universal subversive use of sophist, subtle,

evasive, and color/colorable reasoning to hinder my

rights to liberty etc.. Under all these white

supremacies influences I was to subjugate to the

whims of any proctor(agent of the president of the

store). This type of slavery is Un- American,

through-out my complaining, first with some

managers, Buddy, Ed, Ronnie, Walton, District

manager Chris Muller, Mary-Jo, Blake Fuller.

Co-manager Gist, and the investigation choice of the

EEOC, attorneys’, and judges. The repression that I

recieved is non- American from those ...acts.

NM

nN

| stood up and is standing up for my rights even as an

insubordinate to the alleged cause of which I’m

accused. I have been denied my rights as an employee

and as a universal man in the course of justice(a

pro-se).It is a crime to repress ones rights of law,

economic, educational, labor, sex, entertainment,

politcal, religion, and war-which means any willful

and deliberate unjust speech and/or action that is

used effectively against any creature.

[Note all areas areas of ( people) activity are

interrelated]

Racism is one or more white persons male/female

using deciet, direct violence, and/or the threat of

violence to promote falsehood, non-justice, and/or

incorrectioness, against non white people, on the basis

of “color”, in order to “satisfy” white people, in one

‘or more ways of activity, including the ones above.

CEO David Glass likes to describe the Wal-mart

culture as one where ordinary people can become

overachivers.

26

Neither women nor minorities are prominent in the

Wal-Mart management heirarchy, however. Rule of

evidence 803(17) No Blacks have been at top

management position at the Wal-Mart Store Inc., the

one on Seville Rowe and Mercury Boulevard, Rule

406 of federal evidence.

That is seen as and is a practice of Wal-Mart Stores

Inc. Both his belief and the practice is extensively the

act or action of white supremacy. Sickly thought out

to be colorable legally in any of their unjust activities.

Glass Ceiling is that women & people of color are

recruited into management positions but are rarely

promoted into the higest position. Racism exist

because of the acts of many individuals who either

make and carry out discriminatory practices or who

allow them to continue. A person must belong to the

group that has institutional power in order to be a

racist. When racial prejudice is combined with the

power to discriminate against any or all members of

the group, it is called racism.

27

Wal-Mart Stores Inc., CEO statement is of a guilty

nature for glass ceiling(white supremacy repression),

it has black proctors and white proctors who belong to

the group that has institutional power, because they

carry out discriminatory practices of David Glass and

others who make the acts of racism are racist too.

Combined with color as used in the law dictionary,

and power to discriminate against members of a group

it is racism.. When any activity of discrimination is

used whether in the court of law, labor, education,

etc., prejudice is combined with that power.

Virginia is a right to work and at-will state. But

Wal-Mart Stores Inc., has a 90 days probation period

where by one can be fired for no reason or any reason.

(at-will meant to me the probation period)

Performance must be at standard or above to

maintain(assurance) employment. My performance

was standard/improved after my last evaluation date

for the year 1995, my next evaluation was to be in

2/1996.

/f

28

All of Wal-Mart Stores Inc., reasons are colorable

pretexts’s, the real reason is racism.

Racial or perhaps otherwise class-based, invidiously

discriminatory animus behind the conspirators’

actions is a required element of a cause of action

under 42USCS 1985(3)

With the purpose of depriving any person or class of

persons of the equal protection of the laws of equal

privileges and immunities under the laws. Griffin v

Breckenridge, 403 US 88, 91 S Ct 1790 29 L Ed 2d

338

The federal civil rights statue ( 18 USCS 241), which

makes a conspiracy to interfere with a citizens’ free

exercise or enjoyment of any right or privilege

secured to him by the Constitution or laws of the

United States a criminal offense, includes rights or

privileges protected by the Fourteenth Amendment,

and extends to conspiracies otherwise within the

scope of the statue, participated in by officials alone

or in collaboration with private persons.

29

United States v Price,

383 US 787, 86 S Ct 1152, 16 L Ed 2d 267

Attorney for defense went to Norfolk Court at about

fifteen or more minutes before we were to have _

Summary Judgement in Newport News Court. When I

arrived at the court a clerk told me that the attorney

had gone over to the Norfolk Courthouse of Judge

Morgan Cooke, Jr., and that she would come back to

drive me over to the Norfolk Federal courthouse in

about two and one half hours so to come back in that

time to be driven over. Attorney Eugene Webb, Jr.

and | stipulated to have all court proceeding in

Newport News Federal Courthouse venue. Judge

Bradberry of the Federal Courthouse told Christine to

call attorney and tell him to asked for an excusable-

neglect for answering complaint and summons late.

The following week I recieved a letter stating that the

question that I asked about default judgement was

in fact a mistake on his part and that the attorney used

rule 5(b), service complete upon mailing.

30

I was not under that rule and a carrier service

delivered complaint and summons to manager in

charge of Wal-Mart Stores Inc., for me (the pro-se,

plaintiff)

The Federal civil rights statue (18USCS 241),

which makes a conspiracy to interfere with a citizens’

free exercise or enjoyment of any right or privilege

secured to him by the Constitution or laws of the

United States a criminal offense, embraces all of the

rights and privileges secured to citizens’ by all of the

Constitution and all of the laws of the United States,

including the Thirteenth, fourteenth, and fifteenth

amendments; the sweep of the statue is not confined

to rights that are conferred by the flow from the

Federal Government, as distinguished from those

secured or confirmed or guaranteed by the

Constitution. United States v Price, 383 US 787, 86

S Ct 1152, 16 Ed 2d 267

Both 18USCS 241 and !* USCS 242 which makes it a

federal offence to willfully deprive any person under

31

color of the law of the same rights, include, all of the

Constitution and laws of the United States United

States v Price, 383 US 787, 86, S Ct, 1152 16 L Ed

2d 267

*****The allegations of a complaint support the

requisite animus of depriving the plaintiff of the equal

enjoyment of legal rights because of their race, and

the complaint states a cause of action under 42 USCS

1985(3) which authorizes the recovery of damages

where two more persons conspire to ... Deprive any

person or class of persons of the equal protection of

the laws or equal privileges and immunities under the

laws... Conspiracy.

Griffin v Breckenridge, 403 US 88, 91 S Ct 1790,

29 L Ed 2d 338

A civil action for damages under 42 USCS 1985(3)

(the surviving version of statue 2 of the Civil Rights

Act of 1871) may not be brought to redress violations

of Title VII of the CRA of 1964 (42USCS 2000e et

seq.), since for (1) 1985(3) creates no independent

32

substantive rights coextensive with those set forth in

Title VII, but is a purely remedial statue providing a

cause of action when a defined Federal right-namely,

to the equal protection of the laws of equal privileges

and immunities under the law is breached by a

conspiracy, and (2) to permit Title VII rights to be

asserted within the remedial framework of 1985(3)

would allow a complaint to avoid most of Title VII's

detailed and specific procedural provisions,

which are designed to provide nonjudicial and

non-adversary resolution of job discrimination

claims, and completely by-scheme, thereby impairing

that statutes’ effectiveness.(White, Brennan, and

Marshall, JJ., dissented from this holding) Great

American Federal Sav., & Loans Asso., V

Novotny, 442 US 366, 99 S Ct 2345, 69 L Ed 2d 957

Private bias not known can manifest self conscious

racial prejudice that is unconstitutional. There is an

impoverished understanding of the nature of the evil-

33

invidious racial discrimination-that the Equal

Protection Clause seeeks to eradicate. Racially

discriminatory behavior is directly and inevitably

rooted in unconscious discrimination fostered by

societys' tacit assumptions and biases. Because much -

of the bias that drives race-based discrimination is

unconscious, the Equal Protection Clause must reach

such bias to serve its protective function. Involuntary

or voluntary racial classification gives effect to racial

bias, all in violation of the Equal Protection Clause.

CEO did consciously and/or unconsciously make a

racial classification when he described the

Wal-Mart Store Inc., cheer as one where he

believes in one culture and women and minority

are not prominent in the Wal-Mart Store

Inc.,heirarchy, however.

Also the practice of having no Blacks as top

mangers at 1631 store. The postering of

managerial position only where prodominently

white managers could see it, hindering other

34

classes or members of a protected group (Which I

am a member of the (Black) class ) from seeing the

notice. The company has made an OPEN DOOR

COMMUNICATION POLICY PROMISE (A=)

in its handbook. But like many of its’ rules the

proctors don’t follow the handbook. [| am a victim

of this white supremacy conspiracy of write-ups by

proctors, the eeoc investigation rights, the court

denying rules, using its rules like the store did for

white supremacy injustices to hinder my rights

color/and colorable concealments. Undermind

RULE 803(17) 406 AND OTHER RULES ,

CONSTITUTIONAL LAWS , RIGHTS,

PRIVILEGES , ETC.HAVE BEEN DENIED ME

BY THE COURTS, EEOC AND WAL-MART

STORES INC., PROCTORS WRITING REPORTS

THAT WERE REPRESSIVE AND

PRETEXTUALLY SOPHIST. INJUSTICE IN

ANYONE ACTIVITY IS AN INCORRECT

APPLYING OF JUSTICE_TO ALL ACTIVITIES

35

IN THE UNIVERSE . RACISM IN EMPLOMENT

RELATIONSHIP HAS BEEN SHOWN TO _ EXIST

IN THE MAKINGS OF THE STORES

CONSTITUTION OF PRACTICING ITS OWN

LAW TO BE COLORED. THE JUSTICE THAT I

HAVE SOUGHT HAS USED ITS

COLORABLENESS HINDERING MY RIGHTS.

EXCUSE THE ERRORS MADE IN THIS ENTIR

PETITION

1 AM, A MEMBER OF A PROTECTED GROUP

1 AM, PRO-SE |

| WORK FOR STORE BEFORE IT OPEN TO THE

PUBLIC

| AM, BLACK

1AM, A FIVE YEAR EMPLOYEE OF THE STORE

| AM, GIVEN TO REASON FOR A PETITION

1 AM NAME IKECHUKWU OF THE NATIONAL

ORIGIN OF AFRICAN (LINGUISTICS)

JUDGE MORGAN DIDN’T SAY TO ATTORNEY

36

PRESENT THAT ATTORNEY AND DEFENSE

FEES ARE NOT GIVEN TO EPLOYERS’ THAT

WIN THAT BY PLAINTIFF GIVEN ATTORNEY

FEES WOULD HINDER POTENTIAL CLAIMS

FROM BEING SOUGHT

37

CONCLUSION

THE PETITION FOR A WRIT OF CERTIORARI

SHOULD BE GRANTED. JUSTICE WAS NOT

SERVED TO ME A CITIZEN OF THE STATE OF

VIRGINIA. THE CASE SHOULD BE WON BY

LEGAL, CIVL, OR CRIMINAL STANDARDS AND

THE CONSPIRACY TO HINDER MY RIGHTS

UNDER THE LAWS AND PRIVILEGES OF THE

CONSTITUTION AND ESPECIALLY THE EQUAL

PROTECTION CLAUSE.

THE FOURTEENTH AMENDMENT RIGHTS

HAVE BEEN UNDERMINED BY CEO,

PROCTORS, ATTORNEYS, JUDGES, AND

SECRETARIES, STENOGRAPHERS, AND

WAL-MART STORES INC LEGAL TEAM TO THE

EXTENT THAT RACIALLY MOTIVATIONAL

DISCRIMINATORY ACTIONS HAS BEEN

38

UPROOTED/UPROOTING THE EFFECT OF

COLLECTIVE WHITE SUPREMACY (RACISM)

I KNOW THAT THIS PETITION SHOULD BE

GRANTED.

| CONTINUE TO PRAY FOR THE RELIEF

SOUGHT IN MY COMPLAINT AND SUMMONS

IN THE FEDERAL COURT OF LAW...

RESPECTED. THANKS SUBMITTED,

IKECHUKWU AFI IBRAHIM

812 LASALLE GARDENS APT #12D

HAMPTON VIRGINIA 23669

DATE: 5/2000

39

I HAVE GIVEN THIS BOOKLET MY LIVING

CONSTITUTIONAL RIGHT TO BE

ACCEPTED BY THOSE WHO WILL GET A

COPY OF THIS WRIT OF CERTIORARI

1 HAVE’NT HAD THE PRINTING

COMPANY TO WRITE AND MEASURE THIS

WRIT

THE IMPORTANT FACT IS THAT

IKECHUKWU IS INNOCENT OF CHARGES

THAT WERE WRITTEN BY WAL-MART

STORE INC., THE COURTS, INCLUDING THE

APPEALS COURT.

THE CONSTITUTION OF THE UNITED

STATES IS THE RULE ...... EXCEPTION ETC.

THE FEDERAL RULE OF EVIDENCE WAS

PLACED AFTER THE CONSTITUTION OF

THE UNITED STATES WAS WRITTEN BY

CONGRESS PEOPLE AND THE PRESIDENTS

MY PRAYER REMAINS THE SAME

THANKS..... IKECHUKWU AFI IBRAHIM

812 LASALLE AVENUE APT#1i2D

HAMPTON VIRGINIA 23669

NO PHONE NUMBER

LET JUSTICE, EQUALITY, FREEDOM,

LIBERTY,ETC. BE

WE’RE GLAD YOU’RE HERE

WAL-MART STORES INC.,

OPEN DOOR COMMUNICATION POLICY

OUR PROMISE TO YOU

You are a Wal-Mart associate with a lot to contribute

to our Company. We encourage you to share your

ideas, observations, peoblems or concerns regarding

the Company or yourself any time. Please share

information by whatever means you feel comfortable

- verbal or written.

Our Open Door Policy encourages you to discuss any

matter freely, openly, in confidence and without fear

of any type of retaliation. When you use the Open

Door Policy, we prefer that you start with your

immediate supervisor. However, if your supervisor

is the source of your problem or if you feel the

problem has not been addressed satisfactorily, go to

the next level of management - up to and including

our Company’s Senior Management. —

Our “Letters to the President” allows you to express

your ideas and/or concerns in writing to David Glass,

our President. Simply use one of our postage paid

“Letters to the President” forms located in all

Wal-Mart facilities and you will get a response!

We really do believe that Our People Make a

Difference. We want you to think about our

Company and our business, and how you can help

make them better.

OUR PEOPLE MAKE THE DIFFERENCE!

NOTICE OF DEPUTY DETERMINATION

VA :

SIC SEMPER TRYANNIS

1320 LASALLE AVENUE SSN: 228-049938

HPT. VA 23669 PROGRAM: 01 BYE: 01/04/97

(804)727-4886 LON: 040 LTRN: 01

(Fax)727-4853 LAST 30 DAY EMPLOYER:

WAL-MART STORES, INC.

CLAIMANT NAME AND ADDRESS POB 283

IKECHUKWU A. IBRAHIM

812 LASALLE AVENUE APT. 12D

HAMPTON, VA 23669

YOU ARE HEREBY NOTIFIED THAT BASED ON

FACTS OBTAINED IN CONNECTION WITH

YOUR CLAIM FOR UNEMPLOMENT

COMPENSATION FILED ON 01/07/96 THE

UNDERSIGNED DEPUTY PURSUANT TO

SECTION 60.2-618(2) OF THE VIRGINIA

UNEMPLOYMENT COMPENSATION ACT (AS

- SHOWN ON BACK) RENDERS THE

B

FOLLOWING DETERMINATION:

CLAIMANT DISQUALIFIED EFFECTIVE 01/07/96

YOU REFUSED TO FOLLOW A

SUPERVISOR’S ORDERS ON 01/15/96.

SPECIFICALLY PUTTING THE SHOPPING

CARTS IN THE PROPER AREA AND

DISCHARGE RESULTED.

THE VIRGINIA UNEMPLOYMENT

COMPENSATION ACT PROVIDES A

DISQUALIFICATION IF IT IS FOUND A

CLAIMANT WAS DISCHARGED FOR

MISCONDUCT IN CONNECTION WITH WORK.

WHEN AN EMPLOYER

ASSIGNS AN EMPLOYEE A REASONABLE

DUTY AND THE EMPLOYEE REFUSES TO

PERFORM THE TASK, THE REFUSALIS) ©

TANTAMOUNT TO INSUBORDINATION,

WHICH THE COMMISSION HAS REPEATEDLY

HELD TO CONSTITUTE MISCONDUCT. IN

VIEW OF THE ABOVE, IT IS DETERMINED

THAT YOUR ACTIONS DID CONSTITUTE

MISCONDUCT WITHIN THE MEANING OF THE

ACT. YOU ARE, THEREFORE, DISQUALIFIED

FOR BENEFITS.

“s/B. Headley” DEPUTY,

VA

EMPLOYMENT COMMISSION

DATE MAILED: 02/01/96

FINAL DATE FOR APPEAL IS: 02/22/96

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

DISMISSAL AND NOTICE OF RIGHTS TO

SUE

TO: IKECHUKWU A. iBRAHIM

FROM: EEOC NORFOLK AREA OFFICE

WORLD TRADE CENTER SUITE 4300

101 WEST MAIN STREET NORFOLK VA 33510.

CHARGE No.EOC REPRESENTATIVE TELE No.

121-96=0234 Michael T.Johnson invest.

(757)441-3706

YOUR CHARGE iS DISMISSED FOR THE

FOLLOWING REASON:

[X] THE COMMISSION ISSUES THE

FOLLOWING DETERMINATION: BASED UPON

THE COMMISSION’S INVESTIGATION, THE

COMMISSION IS UNABLE TO CONCLUDE

THAT THE INFORMATION OBTAINED

ESTABLISHES VIOLATIONS OF THE

STATUTES.

THIS DOES NOT CEKLTIFY THAT THE

RESPONDENT IS IN COMPLIANCE WiTH

THE STATUTES. NO FINDINGS IS MADE AS

TO ANY OTHER ISSUES THAT MIGHT BE

CONSTRUED AS HAVING BEEN RAISED BY

THIS CHARGE.

-NOTICE OF SUIT RIGHTS-

[X] TITLE Vil AND/OR THE AMERICAN WITH

DISABILITIES ACT: THIS IS YOUR NOTICE OF

RIGHT TO SUE, WHICH TERMINATES THE

COMMISSIONS PROCESSING OF YOUR

CHARGE. IF YOU WANT TO PURSUE

FURTHER... IN US DISTRICT COURT DO

WITHIN 90 DAYS FROM YOUR RECIEPT OF

THIS NOTICE; OTHERWISE YOUR RIGHT TO

SUE IS LOST.

DATE MAILED 3/5/98 On behalf of the Commission

HERBERT BROWN AREA DIRECTOR

“s/Herbert Brown”

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

NEWPORT NEWS DIVISION

IKECHUKWU AFI IBRAHIM,

SUMMONS IN A

CIVIL CASE

Plaintiff,

Case Number: 4:98cv 00072

V

WAL-MART STORES, INC.,

Detendant

To: (Name and address of the above defendant)

YOU ARE HEREBY SUMMONED and required

to serve upon PLAINTIFF’S ATTORNEY (name

and address)

1)

IKECHUKWU AFI IBRAHIM

812 Lasalle Gardens #12D A TRUE COPY, TESTE.

Hampton, VA 23669 Norman H Meyer, Jr.

(PRO SE) CLERK

By: “s/ Paula M Lankford”

DEPUTY CLERK

An answer to the complaint which 1s hcrewith served

upon you, within 20 days after service of this

summons upon you,exclusive of the day of service. If

you fail to do so, judgement by default will be taken

against you for the relief demanded in the complaint.

You must also file your answer with the Clerk of this

Court within a reasonable period of time after service.

Norman H Meyer, Jr., Clerk June

4.1998

“s/Paula M Lankford”

(DEPUTY CLERK)

UNITED STATES DISTRICT COURT

FILED JUNE 3 1998

FOR THE EASTERN DISTRICT OF VIRGINIA

NEWPORT NEWS, VIRGINIA

COMPLAINT

IKECHUKWU AFI IBRAHIM

812 LaSALLE GARDENS APT. #12d HAMPTON

VA 23669

V

WAL-MART STORES INC.

702 Southwest Street Bentonville AR 722716-8095

KIRK GUTHRIE, PARALEGAL

(RESPONDENT)

| am suing in the Federal Court because of violations

of the Federal Laws (Civil Rights Laws) of

employees,

bidbt Vii Gr itik CIVIL KiGHTS ACi Or 1964

(i> of ssore Wokers)

CRA of Yt Gury trial),

167 (section 1981) these and more are laws

“~

_

inder bederal Jurisdiction

Phe vrievaiee of racism in employer-empioyee

relations

Reiahavionieauination, employment discrimination,

misuse of handbook policy. erroneous charges, and

denial of unemployment benefits ete.

1 ain suing tor 2.4 million dollars and } ask that

employers be prohibited from doing such to others

cniploy ed (rights)

“s/Ikechukwu Ati Ibrahim”

$12 Lasalle Gardens

Apt #1] 2u Hampton VA 23669

(757)826-2197

UNITED STATES Dis -RICT COURT

FOR Vince

EASTERN DISTRICT OF VIRGINIA

Norman HH Meyer, Jr. OFFICE OF THE CLERK

CLERK NEWPORT NEWS, VA 23007

P.O. BOX 494

SEPTEMBER 10, 199%

Ikechukwu Afi ibrahim

812 Lasaile Gardens, Apt. #121)

Hampton. VA 23609

RE: 4:98cv72

IBRAHIM vs WAL-MART STORES INC.

»_ 2 ets? s

This case was filed on June 3, 1998 and the sum

which was duly issued thereon, has not been served

on the defendant(s), WAL-MART STORES INC. Nor

has there been an appearance on behali of the

delendantis). Pursuant (oRULE 4(m),Federal Rules

of Civil Procedure, YOU ARE HEREBY

NOTiFrirxD that failure to show cause within fifteen

(15) days why this service was not made wititin 120

(One hundred & twenty) days of filing of the

complaint will result in the dismissal without

prejudice of iis aciion.

THERE WiLL BE NO FURTHER NOTICE

Norman fl Meyer, Jr., CLERK

NEWPORT News, VA

By “s/Paula M. Lankford”

DEPUTY CLERK

AFFIDAVIT OF SERVICE *.

1071 PALMERTON DRIVE Newport News VANte

23602-2073 wed

Service provided to:

tIKECHUKWU A. IBRAHIM a AVAD

812 LaSalle Gardens, Apt #12-D © <>

Hampton, VA 23669

INVOICE te gut eibeis

Date: 9/18/98 . rifisc a bhi

INVOICE NO. 09803661 uit

TERMS: NET 10

PAGE NO. |!

DATE Service(s) Provided

9/18/98

US District, Eastern dist of VA., NN Div Court

IKECHUKWU A. IBRAHIM v WAL-MART

STORES INC,

Case No. 4-98cv00072

Process **°°°

Executed service of SUMMONS IN A CIVIL

CASE on

Wal-Mart Stores Inc.-cn 17495

SCF; AOS 9/18/98 $25.00

Date and Time of service: 9/18/98 @ 11:40 AM

Method of service: Delivered a copy to person found.

in charge of place of business or employment during

hours and giving information of its purport. Service

accepted by:

ROBERT J GODING JR

[MANAGER]

“s/Jacqueline I Hester”

9/18/98

Subscribed and sworn to/affirmed before me this day

by Jacqueline | Hester —

Date: 9/18/98 “s/Michael L McWhorter”

My commission expires:8/31/01 Signature of Notary

Public

THIS IS COPY OF ENVELOPE

MAYS & VALENTINE

L.L.P.

11t! EAST MAIN STREET

P.O. BOX 1122

RICHMOND VIRGINIA 23218-1122

Mailed October 7, 1998 VA

ADDRESS TO:

MR IKECHUK WU IBRAHIM

812 LASALLE GARDENS #12D

HAMPTON VIRGINIA 23669

RECIEVED ANSWER TO COMPLAINT

OCTOBER 9

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

NEWPORT NEWS VIRGINIA

Ikechukwu Afi Ibrahim

me Plaintiff

. Case No.498cu72-ys os sineds

)

)

Wal-Mart Stores Inc. )

Defendant )

ANSWER

ODefendant Wal-Mart Stores Inc., by counsel, for its

answer to the complaint, states as follows:

‘ WHEREFORE, defendant Wal-Mart Stores, Inc.

requests that the complaint be dismissed and that it be

awarded its costs of defense thereof, including

reasonable attorney’s fees.

(Attorneys Kimberly Daniels & Mr. Webb Jr)

asked courts to award Wal-Mart Stores Inc.

Attorneys fees and cost of defense.

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Filed May 24, 1999

No. 00-1637

CA-98-72-4

IKECHUKWU AFI IBRAHIM

Plaintiff - Appellant

Vv

WAL-MART STORES INC.

Defendant - Appelle

ORDER

It is ordered, that the informal briefing schedule

dated May 19, 1999, is hereby rescinded due to

transcript.

The informal briefing schedule will be resumed

upon notice from the District Court that the record is

complete for purposes of appeal.

FOR THE COURT - BY DIRECTION

“s/Patricia S Connor”

CLERK

ORDER

For reasons appearing to the Court. The Court

extends the time for filing the transcript, without

sanctions, to 8/30/99. A 10 percent fee reduction will

apply if the transcript is not filed by that date and a

20 percent fee reduction will apply if the transcript is

not filed by 9/29/99.

“s/Patricia S Connor”

CLERK

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

LEWIS F. POWELL, JR.

UNITED STATES COURTHOUSE ANNEX

Patricia S Connor 1111 East Main Street, Suie 501

CLERK Richmond Virginia 23218-3517

July 30, 1999

NOTICE OF INTENT TO DISMISS

REKEREREESESESESEEE SEES EEE EEE ES

Ikechukwu Afi Ibrahim

Apartment 12D

812 Lasalle Avenue

Hampton VA 23669

RE: 99-1637 Ibrahim v Wal-Mart Stores Inc.

CA-98-72-4

I:

Dear Appellant:

This case will be dismissed for want of

prosecution on 8/16/99 unless prior to that date a

disclosure statement has been recieved for filing in

the Office of the Clerk, or you have otherwise

remedied the default. You were previously directed

to file this document. According to our records, you

failed to comply

Enclosed for your information is a copy of Local

Rule 45, which addresses this Court’s practice of

dismissal for failure to prosecute.

Your’s truly,

Enclosure(s) PATRICIA S. CONNOR

cc: Kimberly W Daniels CLERK

Daryl Eugene Webb Jr. By “s/Joy Hargett”

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

FILED: JANUARY 18, 2000

No. 99-1637

CA-98-72-4

IKECHUKWU IBRAHIM

Vv

WAL- MART STORES INC.

MANDATE

THE JUDGEMENT OF THIS COURT DATED

12/27/99 TAKES EFFECT TODAY.

PATRICIA S CONNOR

CLERK

ee a a i! va en

(unpublished) -

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-1637

IKECHUKWU AFLIBRAHIM

~ Plaintiff -Appellant

V

WAL-MART STORES INC.

Defendant -Appelle

Appeal from the United States District Court for the

Eastern District of Virginia, at Norfolk. HENRY C.

MORGAN, JR.,

District Judge. (CA-98-72-4)

Submitted: December 16, 1999 Decided: December

27, 1999

Before MURNAGHAN , MOTZ, CIRCUIT

JUDGES**, and BUTZNER, SENIOR CIRCUIT

JUDGE***.

Affirmed first by unpublished per curiam opinion.

Ikechukwu Afi Ibrahim, Appellant Pro Se. Daryl

Eugene Webb, Jr., Kimberly W. Daniel, MAYS &

VALENTINE, Richmond, Virginia, for Appelle.

** Judge MOTZ did not participate in consideration

of this case. The opinion is filed by a quorum of the

panel pursuant to 28 U.S.C. 46(d).