JAMES ZAGEL, District Judge.
DEFENDANTS' FRCP RULE 54 MOTION FOR ENTRY OF JUDGMENT [REFILED]
Respondent Victor M. Crown, Pro Se, as provided under the Federal Rules of Civil Procedure, FRCP 54 (c)(d)(1), herewith now moves for entry of judgment in this civil case as follows:
This motion is technically a request for reconsideration of the docket entry from August 13, 2015, is timely filed under a specific legal mandate by the 7
This motion is filed by Victor M. Crown and the Lourdes Theodossis Estate under FRCP 54 [judgments], FRCP 70 [a] [enforcing a judgment for a specific act — EFT — electronic funds transfer]; [d] writ of execution or assistance; and FRCP 71 [enforcement against non-party]
The 7
This motion is therefore being filed under FRCP 54 (c)(d)(1) and FRCP 70/71 to permit immediate enforcement of a General Order[s] which then directs Bank of America Legal Order Processing to process, with electronic funds transfer [EFT] the amount of $354537 in statutory payments [fed with/FICA] which in accord with the 7
As provided under FRCP 54 (c)(d)(1) the hourly rate of $56.80 which has been established by the Internal Revenue Service [IRS] with my 2014 federal tax return [Form 1040] and the 2012 and 2013 federal amended tax returns [Form 1040x] that were submitted after Shakman defendant[s] [City of Chicago, County of Cook and State of Illinois failed to obtain a legal stay of the 7
The "prevailing party" [Victor M. Crown, pro se] was asked by
The "prevailing party" [Victor M. Crown, pro se] is therefore asking the District Court Clerk, as provided under
The others involved in obstructing justice would then include the City Council [City Council Finance Committee — which, through direct involvement of Alderman Ed Burke and the City of Chicago Corporation Counsel [MGeorges/SPatton] has delayed and obstructed compliance with federal legal mandates], the City Clerk, the City Comptroller and the Chief Financial Officer [Lois Scott/Carole Brown] who, while this case was docketed have directly and indirectly tried to misclassify the Shakman case with 1425 victims as "frivolous" and to then mislead the Internal Revenue Service [IRS] into initiating improper collection actions against award recipients with levy's, liens and incorrect civil penalties. To further this scheme the city committed intentional violations of federal law by submitting an incorrect
The City of Chicago has therefore, as part of a municipal policy and continuing "enterprise corruption" [criminal] directed intentional violation[s] of the Shakman Accord [2007] by failing to comply with its legal notice requirements on my own Shakman 2 claim of 5-12-2008.
THEREFORE, Defendant Victor M. Crown, the Independent Administrator of the Lourdes Theodossis Estate, respectfully requests entry [compliance] with this order which applies to 7
This motion includes an agreed or general order [09-014] which was filed under 28 USC 1651 directing Bank of America [as trustee for the City of Chicago — Bond Issue of February, 2014] to process with electronic funds transfer [EFT] an amount totaling $552159 into the designated account of Victor M. Crown which includes: [a] $92359 for an IRS Form 941C filed with the City of Chicago City Clerk on 9/18/14; [b] $90333 in statutory interest under the procedural correction order filed by the 7
This motion includes an agreed/general order [09-014] directing the Social Security Administration [SSA] to immediately process all earnings corrections affecting the period from 1988 to 2006; and for the Internal Revenue Service [IRS] to process all corrections under 28 USC 1311-1314 affecting the 1988 to 2009 tax years for Form 1040x prior to 11/1/2015, with a "non-frivolous" designation or classification for Form 843 claims for refund/abatement — which would then permit removal of incorrectly imposed civil penalties.
This motion also includes an agreed or general order [09-014] directing the Internal Revenue Service [IRS — Fresno, California] to process all corrections as under 28 USC 1311-1314 affecting the 2010-2013 tax year which not includes and validates a "non-frivolous" designation or classification for Form 1040x returns from 2010-2014; and a "non-frivolous" designation or classification for Form 843 claims for refund/abatement — which would then permit removal of incorrectly imposed civil penalties.
This motion, brought by Victor M. Crown and Lourdes Theodossis Estate, is therefore timely filed under 35 USC 281 [infringement of patent — damages], 35 USC 282 [infringement of patent — pleading and proof], 35 USC 284 [infringement of patent — damages] and 35 USC 288 [infringement of patent — when specification is too broad] and USPTO Customer Number #109200/#109529 which were assigned on 09/28/2012 by the United States Patent and Trademark Office [USPTO]. This filing is therefore timely since it complies with the 3-year deadline for enforcing patent rights which were then obtained by Victor M. Crown, Crown and Franklin Accounting, Inc. and the Lourdes Theodossis Estate.
This motion, also brought by Victor M. Crown, pro se, is timely filed and brought under FRCP 54 (c)(d)(1) which affirms that "costs — other than attorneys' fees" — should be allowed to the prevailing party, with the clerk [allowed] to tax costs on 14 days' notice [which would be legally valid since this motion is being filed prior to the 10-1-2015 deadline established by the entry of the judgment affecting an award of statutory interest filed in District Court on 9-17-2015 and entered on 9/18/2015 [at 9:43 AM]
The petitioner is therefore requesting mandatory judicial notice of 28 USC 1927 since the filing bar of 5/26/2009 is clearly being applied [enforced] against defendant[s] [City of Chicago, County of Cook, State of Illinois] by the District Court and the 7
1. Victor M. Crown, the independent Administrator of the Lourdes Theodossis Estate [open 9/5/2014] and owner of Crown and Franklin Accounting, Inc., now affirm that I have the legal aid statutory authority to submit this motion under FRCP, FRAP and Local Rules, and, ac such, affirm the following
[1] The statements in the Defendants' Motion entering iudgrnent under FRCP Rule 54 (c)(d)(1) are true and correct to the best of my knowledge.
[2] The defendant [Victor M. Crown] therefore affirms the procedural requirements under rules of the Federal Rules of Civil Procedure and the Court of Federal Claims, with a zero balance [full payment of taxes] and a "right to sue" letter from IRS on statutory interest claim from IRS on 10-2-14
[3] The answers filed under Federal Rules of Appellate Procedure and Circuit Rule 11(b) are filed timely pursuant to an order entered by District Judge James Zagel.
[4] This motion to transfer and dismiss the civil case under FRCP Rule 54 (c)(d)(1) is timely filed within 14 business days after the plaintiffs' default at the 7
1. GENERAL ORDER 09-014 — 28 USC 1651/28 USC 1652 [mandamus] — order directing Bank of America (as trustee for City of Chicago] to transfer [EFT] $552159 by 9-18-2015, [filed 9-11-15]
2. GENERAL ORDER 09-014 — 28 USC 1651/28 USC 1652 [mandamus] — order directing Bank of America [as trustee for City of Chicago] to transfer [EFT] $354537 by 9-18-2015, [filed 8-21-15]
3. GENERAL ORDER 09-014 — 28 USC 1651/28 USC 1652 [mandamus] — order directing Internal Revenue Service [IRS] to Process corrections under 26 USC 1311 by 9-18-2015, [filed 9-11-2015]
4. UNITED STAFFS DISTRICT COURT — Consent to exercise jurisdiction —filed 8-31-2015
5. UNITED STATES DISTRICT COURT — Notification of docket entry — Filed 8/13/2015.
6. 7
7. 7
8. 7
9. UNITED STATES DISTRICT COURT Notification of docket entry — filed 5/26/2009 [legal sanction]
10. Department of Treasury/IRS —Account transcript [redacted] [2012] with zero balance on 4-6-15
11. Form 1040x — amended US Individual Tax Return [2012] — includes hourly rate re-set at 556.80/h
12. Department of Treasury/IRS — Account transcript (redacted) (2012] with zero balance on 5-4-15
13. Form 1040x — amended US individual Tax Return [2013] — includes hourly rate re-set at $56.80/h
14. From 1040 — US individual Tax Return [2014] — includes hourly rate set at $56.80/h
15. Illinois Department of Revenue Form IL-1040 [2014] — includes hourly rate set at $56.80/h
16. Department of Treasury/IRS — CP24 letter from 8/13/2015 — notating adjusted refund [$24898]
17. Department of Treasury/IRS — 5071C letter from 9/8/2014 — 2014 identify verification notice.
18. Department of Treasury/IRS — 941C correction [2008, 2009, 2011] filed 9/18/2015 — City Clerk
19. United States District Court — BILL OF COSTS — Case Number 1:69-CV-2145 — filed 9/3/0S [$27486]
20 United States District Court — BILL OF COSTS — Case Number 1:69-CV-2145 — filed 9/3/08 [$14950]
21. United States Patent and Trademark Office [USPTO] — Notice of customer number assignment [#109529] which validates compliance with 28 USC 1928 on 9/28/2012
22. Letter to Internal Revenue Service [Cincinnati, OH] by petitioner under 26 USC 1311-1314 [corrections], 26 USC 7214[a][unlawful acts] and 26 CFR 301.7433-1[a] [civil cause of action for certain unauthorized collection actions] in response to CP49 [penalty noticel of 8/31/2015.
23 Letter from law office of Shakman Monitor Atty. Noelle Brennan [signed by Atty. Beth Davis] dated 5/4/2009 which
24 Complaint filed with City of Chicago Commission on Human Relations [stamped on 5/12/2008] which
Note: the 7
Note: the false letter by the federal monitor with jurisdiction in the Shakman case was/is therefore a direct violation of 28 [JSC 192] as rules governing the Shakman Decree.
GENERAL ORDER 09-014 — BY DISTRICT COURT EXECUTIVE COMMITTEE
This order specifically applies to the Notice of Patent Claim filed on 4/7/2015 by defendant [Victor M. Crown, pro se] and applies to an Executive Committee order entered 5/3/2007 which provides authorization for an extraordinary Writ of Mandamus under 28 USC 1651 and 28 USC 1652.
The modernization order entered by Chief Judge James Holderman on 6/5/2009 affirms that the filing and entry of this General Order [09-014] provides the legal basis and authority for legal compliance by the affected parties, including Bank of America Legal Order Processing.
The "prevailing party" [Victor M. Crown, Pro se] was asked by Bank of America Legal Order Processing on 9/4/2015 to therefore request the original signature of the magistrate judge [Hon. Judge Gilbert] to release statutory payments after 6122/2015 that were affirmed in the 7
VI. ENTRY OF COURT ORDERS
[A][1] — All orders, decrees, judgments and proceedings of the court will be filed in accordance with this General Order and will constitute entry on the docket kept by the Clerk of the Court under Fed. R. Civ. P. 58 and 79 and Fed. R. Grim. P. 49 and 55. All signed orders will be filed electronically by the court or court personnel Any order filed electronically by the court or court personnel without the original signature of a judge [or, where applicable, the Clerk of the Court] has the same force and effect as if the judge or the Clerk of the Court had affixed the judge's or Clerk of the Court's signature to a paper copy of the order and it had been entered on the docket in the manner otherwise provided
[2] — The Clerk of the Court may establish additional procedures for filing, creating and storing electronic versions of orders, decrees and judgments.
[a] — 28 USC 1651 — [WRIT OF MANDAMUS — PEREMPTORY] ordering BANK OF AMERICA [as trustee for the City of Chicago — Bond Issue of February, 2014] to process on or before
[b] — 28 USC 1651 — [WRIT OF MANDAMUS — PEREMPTORY] ordering BANK OF AMERICA [as trustee for the City of Chicago — Bond Issue of February, 2014] to process on or before
ROUTING # xxxxxxxxxxxxxxx
ACCOUNT # xxxxxxxxxxxxxxx
XI NOTICE OF COURT ORDERS AND JUDGMENTS
[A] Immediately upon the entry of an order or judgment in a case assigned to ECF, the Clerk of the Court will transmit to E-Filers in the case, in electronic form, a Notice of Electronic Filing. Electronic transmission the Notice of Electronic Filing constitutes notice required by Fed. R. civ. P. 77[d] and Fed. R. Crim. P 49[e]. The Clerk of the Court must give notice in paper form to a person who is not an E-Filer or represented by an E-filer in accordance with Federal Rules of Civil Procedure [FRCP], Federal Rules of Criminal Procedure, and local rules of this court
GENERAL ORDER 09-014 — By DISTRICT COURT EXECUTIVE COMMITTEE
This order Specifically applies to the Notice of Patent Claim filed on 4/7/2015 try defendant [Victor M. Crown, pro se] and applies to an Executive Committee order entered 5/3/2007 which provides authorization for an extraordinary Writ of Mandamus under 28 USC 1651 and 28 USC 1652.
The modernization order removing the signature requirement entered by Chief Judge James Holderman on 6/5/2009 therefore affirms that the filing and entry of this General Order [09-014] provides the legal basis and authority for mandatory legal compliance by affected parties, including the Internal Revenue Service [IRS]
This general order is therefore also brought under 26 USC 7430 and 26 USC 7433.
VI. ENTRY OF COURT ORDERS
[A][1] — All orders, decrees, judgments and proceedings of the court will be filed in accordance with this General Order and will constitute entry on the docket kept by the Clerk of the Court under Fed. R. Civ, P. 58 and 79 and Fed. R. Crim. P. 49 and 55. All signed orders will be filed electronically by the court or court personnel. Any order filed electronically by the court or court personnel without the original signature of a judge [or, where applicable, the Clerk of the Court] has the same force and effect as if the judge or the Clerk of the Court had affixed the judge's or Clerk of the Court's signature to a paper copy of the order and it had been entered on the docket in the manner otherwise provided.
[2] — The Clerk of the Court may establish additional procedures for filing, creating and storing electronic versions of orders, decrees and judgments.
[a] WRIT OF MANDAMUS [PEREMPTORY] — ordering IRS [Fresno, California] to process, on or before 9-18-2015 — Form 843 abatement of civil penalty [2010] which was sent by certified mail on 9-8-2015 [USPS #70112870000033830510].
This is based upon legal mandates of the 7
[b] WRIT MANDAMUS [PEREMPTORY] — ordering IRS [Fresno, California] to process, on or before 9-18-2015 — Form 843 abatement of civil penalty [2011] which WFS sent by certified mail on 9-8-2015 [LISPS #70142870000033830503]
This is based upon legal mandates of the 7
[c] WRIT OF MANDAMUS [PEREMPTORY] — ordering IRS [Fresno, California] to process, on or before 9-18-2015 — Form 843 abatement of civil penalty [2013] which was sent by certified mail on 9-8-2015 [USPS #70142870000033830534].
This is based upon legal mandates of the Circuit CA on 9/20/11 and 8/14/15 which affirms the "prevailing party" position of Victor M. Crown on Shakman 2 and the legal right of petitioner to post-judgment statutory interest from 5/26/09.
[d] WRIT OF MANDAMUS [PEREMPTORY] — ordering IRS [Fresno, California] to process, on or before 9-18-2015 — Form 843 abatement of civil penalty [2013] which was sent by certified mail on 9-8-2015 [USPS #70142870000033830480]
This is based upon legal mandates of the 7
[e] WRIT OF MANDAMUS [PEREMPTORY] — ordering IRS [Fresno, California] to process, on or before 9-22-2015 — Form 843 abatement of civil penalty [2013] which was sent by certified mail on 9-8-2015 [USP5 #701428700000338301473]
This is based upon legal mandates of the Circuit CA on 9/20/11 and 8/14/15 which affirms the "prevailing party" position of Victor M. Crown on Shakman 2 and the legal right of petitions" to post-judgment statutory interest from 5/26/09 This claim affects removal of improper penalties for "failure to file" from 2013.
[f] WRIT OF MANDAMUS [PEREMPTORY] — ordering IRS [Fresno, California] to process on or before 9-18-2015 — Form 843 abatement of civil penalty [2013] which was sent by certified mail on 9-8-2015 [LISPS #701428700000338301473]
This is based upon legal mandates of the 7
[f] WRIT OF MANDAMUS [PEREMPTORY] — ordering IRS [Cincinnati, OH] to process, on or before 9-11-2015 — the removal of civil penalties for 2010, 2011 and 2013 pursuant to 26 USC 7214[a] and 26 CFR 301.7433-1 (a) which was sent by certified mail on 9-8-2015 [USPS #70142870000033830527]
This is based upon legal mandates of the 7
XI. NOTICE OF COURT ORDERS AND JUDGMENTS
[A] Immediately upon the entry of an order or judgment in a case assigned to ECF, the Clerk of the Court will transmit to E-Filers in the case, in electronic form, a Notice of Electronic Filing. Electronic transmission the Notice of Electronic Filing constitutes notice required by Fed. R. Civ. P. 77[d] and Fed. R. Crim. P. 49[e]. The Clerk of the Court must give notice in paper form to a person who is not an E-Filer or represented by an E-filer in accordance with Federal Rules of Civil Procedure (FRCP), Federal Rules of Criminal Procedure, and local rules of this court.
This order specifically applies to the Notice of Patent claim filed on 3/23/2015 and 4/7/2015 by patent-holder (Victor M. Crown) and covers an Executive Committee order entered on 5/3/2007 providing legal authorization for a Writ of Mandamus under 28 USC 1651/1652.
The petitioner/plaintiff [Victor Crown and [Theodossis Estate] has LEGAL STANDING to file and now request enforcement of this general order due to DEFAULT by the CITY OF CHICAGO on the timely filed SHAKMAN 2 claim that was submitted on 5/12/2008 by Victor M. Crown.
VI. ENTRY OF COURT ORDERS
[A][1] — All orders, decrees, judgments and proceedings of the court will be filed in accordance with this General Order and will constitute entry on the docket kept by the Clerk of the Court under Fed. R. Civ. P. 58 and 79 and Fed. R. Crim. P. 49 and 55. All signed orders will be filed electronically by the court or court personnel. Any order filed electronically by the court or court personnel without the original signature of a judge [or, where applicable, the Clerk of the Court] has the same force and effect as if the judge or the Clerk of the Court had affixed the Judge's or Clerk of the Court's signature to a paper copy of the order and it had been entered on the docket in the manner otherwise provided.
[2] — The Clerk of the Court may establish additional procedures for filing, creating and storing electronic versions of orders, decrees and judgments.
Note: [a] the mandamus order under 28 USC 1651/1652 being enforced by the designated magistrate judge [REDACTED\] would direct the federal agencies [Internal Revenue Service, Social Security Administration] to process the corrections under the applicable federal law/rule: [1] 26 USC 1311-1314 affecting the Internal Revenue Service, and; [2] SSA Program Operations Manual System. [Social Security Ruling 83-7][RS 01140.140 — allocating back pay][IRS 01402.410 court award/judgment — 2010][RS 01405.001 — earnings record correction — 2012]
Note: [b] the mandamus order under 28 USC 1651/1652 being enforced by the designated magistrate judge [REDACTED\] would direct the Bank of America [as trustee for the City of Chicago — bond issue of February, 2014] to process, on or before September 4, 2015 electronic funds transfer of $354537 in credits [federal withholding, FICA/Medicare] in accord with the 9/20/2011 financial judgment and the city's default on the 6-12-15 ruling on statutory interest.
Note: [c][1] the mandamus order under 28 USC 1651/1652 being enforced by the designated magistrate judge [REDACTED\] would direct State of Illinois Department of Revenue [IDOR] to timely process a US Form 4852 and/or applicable Form IL-4852 with the correct withholding amounts for the period of 1991 to 2015.
Note: [c][2] the mandamus order under 28 USC 1651/1652 being enforced by the designated magistrate judge [REDACTED\] would direct State of Illinois Office of Comptroller to then timely process [prior to 9/3/2015] a hardship petition [warrant] [ROWN-4842-103014] applied to statutory back pay [Illinois Secretary of State — Special Government Agent Position] for the period of 2003 to 2011 covering a "post-trial review" of a criminal case [1:99-CR-0047 NDIL] and certification of Rule 404B evidence by State Comptroller Judy Baar Topinka on 7/26/2013,
The Attorney General [Lisa Madigan] "and any legal counsel from the Office of Illinois Attorney General is therefore legally precluded from any involvement [direct or indirect] on this issue due to a "conflict of interest" involving one of the testifying witnesses [House Speaker Mike Madigan] and the legal mandate affirmed by the 7
Note: [d] the mandamus order under 28 USC 1651/1652 being enforced by the designated magistrate judge [REDACTED\] would direct the Social Security Administration to timely process earnings corrections affecting petitioner/plaintiff [Victor M. Crown] for the 1991-2014 period
The 7
The legal doctrine of Res Judicata/Collateral Estoppel applies to the legal/financial mandate in the Shakman 2 employment discrimination case [closed][filed on 9/20/2011] and the related BILL OF COSTS legally served upon City of Chicago on 9-30-2013. It also applies to the legal sanction entered on 5/26/2009 by District Court [Judge Andersen] after defendant [City of Chicago] improperly and unethically (rigged) the filing date of the claim by changing it from timely filed on 5-12-2008 to untimely filed on 11-4-2008 [General Election Day] and after the related defendant [County of Cook] directly violated filed protective orders [7-10-2008. 7-31-2008, 4-3-2009] with an illegal eviction on 7/16-17/2009 by the Cook County Sheriff.
XI. Notice of Court Orders and Judgments
[A] immediately upon the entry of an order or judgment in a case assigned to ECF, the Clerk of the Court will transmit to E-Filers in the case, in electronic form, a Notice of Electronic Filing. Electronic transmission of the Notice of Electronic Filing constitutes the notice required by Fed. R. Civ. P. 77[d] and Fed R. Crim. P. 49[e]. The Clerk of the Court must give notice in paper form to a person who is not an E-Filer or represented by an E-Filer in accordance with Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, and local rules of this court.