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

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386018_0930%3A1

## Record

- **Collection:** Supreme Court brief
- **Document type:** Petition for Writ of Certiorari
- **Published:** January 1, 2000
- **Citation:** 531 U.S. 826

## Text

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

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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).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386018_0930%3A1. Public record. Not legal advice.