Professional Documents
Culture Documents
United States District Court Northern District of California
United States District Court Northern District of California
Michael J. McDermott
Ca License #235984
7172 Regional #329
Dublin Ca 94568
Phone: (925) 548-3446 (No Fax)
Email: [email protected]
Please Take Notice that before the U, S, District Court for the Northern District of
California, 450 Golden Gate Avenue, San Francisco, California, the Honorable Vaughn R
Walker presiding; Pro Se Amicus Curia Michael J. McDermott (CA Lic. #235984) now
moves this court for an order granting leave to participate as Amicus Curia in the above
Although there are no local rules directly on point, this court has broad discretion to
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“District Courts frequently welcome amicus briefs from non- parties concerning
legal issues that have potential ramifications beyond the partied directly involved or if the
amicus has [“unique information or perspective that can help the court beyond the help
that the lawyers for the parties are able to provide.”]” NVG Gaming, Ltd, v. Upstream
Point Molate, LLC.; 355 F. Supp 1061, 1067 (N.D. Cal. 2005); (quoting Ryan v.
Commodity Futures Trading Comm’n, 125 F.3d 1062, 1064 (7th Cir. 1997)
I am a California Voter, native son of San Francisco and current resident of Alameda
County, and supporter of Proposition 8 (Prop. 8). I had previously submitted a Pro-Se
Amicus Brief to the California State Supreme Court supporting Prop. 8 and opposing the
Federal case in order to defend rights and viewpoints not fully represented by any current
I graduated with Distinction from the McGeorge School of Law in 2003 with
focus on First Amendment and Civil Rights law, and was the founder and president of the
campus Men’s Caucus. Like many who openly supported Prop. 8, I have been targeted
for retaliation both personally and professionally, and feel the need to defend the validity
of my vote and the benefit to the citizens of my state and the nation derived there from.
familiarity with and long term opposition to what I contend is the Inherent Animus and
Misandry of Plaintiff’s positions; especially those of the City of San Francisco, the
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County of Alameda and (although nominally on the defendant side) the California
Attorney Generals Office; as well as the ideological movements behind such animus.
I submit that the attack on the validity of Prop. 8 as not just one involving social
issues of the culture wars, but also an attempt to destroy basic rights to the Freedom of
Where other briefs by the Defendants side seem to focus on rebutting charges of animus,
I believe that the real animus is found in Plaintiff’s attack on Marriage and the Rights of
the Voters. I further submit that my Pro-Se Amicus position fills a necessary function in
addressing this gap and my input in to the process is necessary to a full airing of the facts
and issues of this case, and thus ask the Court to grant my application.
IV. Conclusion
I therefore request this Courts leave to submit my Pro-Se Amicus Curiae brief in support
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TABLE OF CONTENTS
TABLE OF AUTHORITIES…………………………………………..………………….4
ARGUMENTS………………………………………………………………………...7-14
CONCLUSION…………………………………………………………………………14
TABLE OF AUTHORITIES
United States Supreme Court: Torasco v. Watkins, 367 U.S. 488, n.3 (1961)……………4
Susan Bridle, ‘No Man's Land’ An interview with Mary Daly by Susan Bridle (1999)
www.enlightennext.org/magazine/j16/daly……………………………………………….9
‘Lesbians Raising Sons’, Anthology by Jess Wells, Alyson Books (1sst Ed. 1997); ISBN
1-55583-410-8……………………………………………………………………............9
‘The Physical Health Risks of Homosexuality’, by Alysse ElHage Family North
Carolina Magazine—July/August 2007, www.ncfamily.org/FNC/0707S3.html…….......9
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financed mainly by radical hollywood activists such as the notorious propagandist Rob
Reiner, that it is worthy of the title of ‘Tantrum Theater.’ With the recent enactment of
the most draconian ‘Thought Crime’ law in American history: Pub L. 111-84, Division
‘E’: Matthew Shepard & James Byrd Jr. Hate Crimes act (2010), promoting
imprisonment for using words alone to allegedly “Incite” parties unknown to the speaker
to commit alleged “hate crimes”; the attack by the radical gender feminist /
homosexualist alliance on the First Amendment has gained a powerful tool. Thus this
legal attack on the very idea of Marriage as a heterosexual institution between a woman
and a man, now portends using that law to punish those who dare speak such basic truths.
Marriage in our society is and always has been for members of opposite
complimentary genders, meaning the immutable and inherited characteristics of birth that
chromosomes in every cell of our bodies. Further, All human procreation is Heterosexual,
and every child has a Male Father and a Female Mother; and is created by the
combination of male sperm and female ovum, regardless of the physical mechanics of
that union. Thus the attack on Prop. 8 is an Orwellian pogrom aimed not just at
The Plaintiffs want to use the Court to disenfranchise the voters in order to change
the meaning of the word ‘marriage’ in furtherance of their radical political agenda.
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Thus while the attack on marriage uses many pretexts as propaganda in support of
their radical agendas, the overarching goal is furtherance of a Political Gender War
attacking Prop. 8 are a prime example of political correctness run amok to the level of
destructive absurdity. This phenomenon was perhaps best explained by author Theodore
Hence, a prime goal of the attack on Prop. 8 is not the promotion of alternate
views on marriage, but the banishment of the prevailing view (as evidenced by the votes
chilling and destroying free speech on the issue to take what is already a semi official
pogrom of punishing people who support Prop. 8 (in employment, government service…)
I know of no greater threat to the liberty and free speech rights of citizens than the
agenda inherent in the attack on marriage, enforced through use of ‘hate crime’ laws.
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The hypocrisy of these radicals claiming that an unthinking animus is all that
service of political correctness by which they and their allies seek to forbid factual
examination of the prime motivations for this unprecedented pogrom. There are many
rational, reasonable, logical, fact based intellectually and morally valid justifications for
rejecting the types of Behaviors and Agendas that inform and motivate this attack,
The alliance against Prop. 8 has two main constituencies whose common bond is
the shared animus against men, masculinity and normal heterosexuality that is the
essence of Misandry. That they have allies in all levels of government, media.
professional political lobbies and particularly academia, willing to turn a blind eye to
the more reason for the Court to thwart this pogrom pushed through the attack on Prop. 8.
In essence the goal is to force upon the public normalization of both a separatist / neo-
This is the true core of the agenda of animus behind this thought policing pogrom.
1. THOUGHT POLICING
A. The First Amendment rights of citizens to speak out against the advancement of
social evils is under attack like never before, and the war on ‘marriage’ is a war against
speech and ideas totalitarian in nature and destructive in purpose. The attempt to use the
Courts to try and force ‘beliefs’ on the citizens, including those identified by the U.S.
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Supreme Court as “Secular Humanist” Torasco v. Watkins, 367 U.S. 488, n.3 (1961), is a
grave threat to the future of the republic. Whether through direct punishment for alleged
‘hate crimes’ or simply intimidating the Voters from speaking the truth for fear of the
consequences, the attack on Prop. 8 has shown the real nature of a campaign that seeks to
brand itself as only concerned with ‘love’ - and yet acts out with such fierce animus.
Unable to sell their goods in the market place of ideas, opponents of heterosexual
marriage now seek to force the electorate in to accepting a false and harmful equivalency,
and by requiring that voters who know better must believe in an agenda that cannot stand
up to unbiased public scrutiny by the electorate. Unlike the fable of the boy who exposed
the fraud of the ‘emperors new clothes’, those who stand up to this misandrist fraud are
being subjected to severe reprisals, particularly from those making a profit from the
scam, much as the suppliers of invisible thread and cloth to the emperors tailors did. By
enshrining the false equivalency of their agenda in to law, activist for radical gender
feminist / homosexualist causes seek a weapon to silence those who would expose them.
arguments in their cause, are revealed as hypocrisy when compared to the double
standards of misandry they support and promote (often with tax subsidy) where they
wield power. The following are some prime if not exhaustive examples:
A. The San Francisco Dyke March / Anti Male Hate Riot. Every year since 1989
the City of San Francisco ‘hosts’ an annual takeover of the public streets known as the
“Dyke March” (Exhibit #1), which although it refuses to apply for a permit or pay any
fees none the less orders the banning of Men from the streets.
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Despite the fact that it refuses to even mark the route in advance or warn citizens
of the gridlock that shuts down a good part of the city, San Francisco now supplies tax
subsidized police and transit services to this takeover, which boasts that it seeks to bring
Such raw Animus could not be directed against other groups without causing
considerable fallout, but in Frisco the level of official misandry is such that it is best
describes as a public policy of BAMN BAMN – Bash Men, By Any Means Necessary.
The self avowed “Separatists” who run the Dyke March are fully integrated in to the City
Government, and represent a powerful interest behind the misandrist attack on Prop.8.
certain politically incorrect viewpoints, but of also providing tax subsidized forums for
promoting only one point of view, government agencies throughout California promote
protection that is the reality in this state. The statements by Alameda County board of
equal voice for male citizens (Amicus Dec. P-3) serve to highlight the hypocrisy in any
C. Ignoring Attacks on the Voters. The story of former Yolo County District
1
Same-sex shoo-in: A gender-neutral marriage bill passes its first hurdle in the Assembly. By Jeffrey M.
Barker, (www.newsreview.com/sacramento/content?oid=35079)
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Bender publicly boasted in an article widely published in the state capitol (Exhibit
maliciously directed against law abiding citizens; and apparently escaped any sanctions
from the State. Contrast this treatment to the official public statements of then Attorney
General Bill Lockyer (Amicus Dec. P-4) supporting homosex prison rape for Males Only,
and his continued leadership amongst ‘male feminists’ in the political party that controls
the California Legislature. These few examples serve only as indicators of the pervasive
institutional misandry endemic to California government, and the double standards they
suspect class with rights superior to all others, based solely on their choice to perceive
display animus to both the rights of Children and Heterosexual Males. Phenomenon such
(ranging from search for identity to potential incest…) resulting from ‘anonymous
donors’ and the legal elimination of male parents from appearing as real persons on birth
certificates. Children deserve to know who their natural biological parents are, and the
attack on Prop. 8 is a deliberate roadblock to thwart this normal and healthy aspiration.
This bias against equal protection for heterosexuality was demonstrated in the set
jurisprudence prior to Prop. 8, published together on August 22, 2005: (K.M., v. E.G.:
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Heterosexuality in the law, and reaffirmed the equal protection rights of heterosexual
Indeed, even California Justice Werdegar in her dissent touched on one aspect of
such violations of equal protection when she said: "Although the majority denies that its
rule depends on sexual orientation the opinion speaks for itself; The majority has chosen
to use the term lesbian no less than six times in articulating its holding. Moreover, the
majority prevents future courts from applying its holding automatically to persons other
than lesbians. I see no rational basis, and the majority articulates none for permitting the
enforceability of an ovum donation agreement to depend on the sexual orientation of the
parties. Indeed, lacking a rational basis, the rule may well violate equal protection."
K.M., v. E.G.; Werdegar Dissenting at 6.
Even more telling of the attempt to instill misandry in to the law is the bizarre
ruling in favor of holding males who engage in heterosexual behaviors to a different
standard than those who Intentionally ‘donate’ Sperm at what are commonly referred to
as ‘sperm banks (Aka - ‘dead beat dad’ factories): “Usually, whether there is evidence of
a parent and child relationship under the UPA does not depend upon the intent of the
parent. For example, a man who engages in sexual intercourse with a woman who
assures him, falsely, that she is incapable of conceiving children is the father of a
resulting child, despite his lack of intent to become a father." Id. at 4-5
Because it can be argued that Prop. 8 makes it clear that marriage is between a
Man (XY) and a Woman (XX), all such ersatz attempts to create ‘fatherless’ children as a
matter of law may now be open to challenge. This includes such bizarre double standards
that say amongst other things, that fraternal twin brothers can have different paternity.
Consider the case of a woman who uses a sperm bank to conceive one male (XY) son,
and then later engages in heterosexual intercourse with the same man (the prior
‘anonymous’ donor), and conceives another male (XY) son – his fraternal twin brother.
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The First Boy (who Inherited His Father’s Y Chromosome via intentional
‘donation’) is held to have No Legal Father – not an absent one or a deadbeat, but no
legally existent male parent, despite the scientific evidence of his own genes. His twin
intercourse, does have a Father recognized by law (even if the conception was
unintentional), and that Man can be sent to prison for failure to pay support for this Son
misandry, which is based on a hatred of normal heterosexual intercourse and not ‘love’
for those of the same sex, and which is a central factor behind the attack on Prop. 8.
III. MISANDRY
academic icon Mary Daley was widely eulogized by the media and other prominent
feminists for a lifetime of misandry. She is emblematic of many of the Prop.8 activists in
her motivation by a fierce hatred for the “patriarchy.” 2Like many others of her ilk she
openly advocated an agenda whereby the male population could be reduced to 10% of
less of its present level as a means of “decontaminating the earth.” Such views are not
only widespread and popular in radical feminist circles, but also inform and motivate
much of the attack on Heterosexual marriage, particularly given the popular radical
feminist position that all heterosexual intercourse is rape, because women cannot consent
2
Susan Bridle, ‘No Man's Land’ An interview with Mary Daly by Susan Bridle (1999)
www.enlightennext.org/magazine/j16/daly
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The anthology book “Lesbians Raising Sons” by Jess Wells 3provides stark example of
such separatist / exterminiationist misandry in the Anti 8 movement. The book is full of
stories ranging from denunciations of those who fail to abort male children as “Traitors to
your species”, to demeaning male babies as “Pig Child” and the banishment of those who
associate with them because they “exude maleness.” The attack on Prop. 8 is in large part
the extension of such hate driven misandrist pogroms in to the Courts, where they have
already found considerable success. These aspects of anti male animus are rarely
of misandry behind the attack on Prop.8 is motivated by the demand for normalizing
male homo-anal coporphile behaviors, and forcing the public to accept them as no
different than heterosexual relations4. Although nearly three of every four new first time
Aids cases in California are the direct result of homo-anal transmission, the campaign to
censor those who point out the pathological nature of such behaviors and the harm from
By coupling the choice to engage in such behaviors with ‘marriage’, the intent is
to force a false equivalency on the public consciousness, with even greater penalties for
those who dare to point out the important differences than already exist. An analogy to
the flaws in equal protection arguments made by such activists can be found in the rules
for sound eyesight in order to get a drivers license, in that blind people may claim it is
3
‘Lesbians Raising Sons’. Anthology by Jess Wells, Alyson Books (1sst Ed. 1997) ISBN 1-55583-410-8
4
‘The Physical Health Risks of Homosexuality’, by Alysse ElHage Family North Carolina Magazine—
July/August 2007, www.ncfamily.org/FNC/0707S3.html. Writing in their 1989 gay manifesto, After the
Ball, Marshall Kirk and Hunter Madsen, Ph.D., offered the homosexual community the following strategy:
“In the early stages of the campaign, the public should not be shocked and repelled by premature exposure
to homosexual behavior itself. Instead, the imagery of sex per se should be downplayed, and the issue of
gay rights reduced, as far as possible, to an abstract social question.”[i]
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unfair to have a double standard favoring those who can see, because some of them still
get in car wrecks anyway. So to with the notion that heterosexual behavior must be free
of similar pathological aspects in order to recognize its natural procreative value. Thus
the attack on Prop. 8 is a deceitful attempt to use the Courts to normalize and force
acceptance of behaviors that advocates have failed to sell in the marketplace of ideas.
IV. CONCLUSION
The plaintiffs seek to cast themselves in the guise of victims seeking to overcome
oppression at the ballot box, by judicial fiat. The reality is just the opposite. They are
instead trying to enforce their own radical political ideologies on an unwilling public by
ever more draconian intimidation tactics, including the use of the Courts to thwart the
will of the electorate, at least when they don’t like the outcome of the vote.
The attempt by Plaintiffs to use the Courts as Thought Police, in order to push a
radical political agenda that is rationally and reasonably opposed by a majority of the
citizens, should not be allowed to succeed. Far from opening up any debate about the
issue, destroying the vote of the electorate for Prop. 8, or using that vote as grounds for
advancing the political ideology of the Plaintiffs, would have a deeply chilling effect on
all manner of Rights to Freedom of Speech and Conscience on these important issues.
The Vote of the Electorate in favor of the rational and reasonable position of Proposition
Sincerely,
Michael J. McDermott – Amicus Pro-Se.
Submitted 2/2/10 in accord with the rules of Court for N.D. CA.
7172 Regional #329 Dublin CA94568
[email protected] (925) 548-3446
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EXHIBIT #1: 6/28/98 San Francisco Dyke March - Anti Male Hate Riot. *Note Lit
Torches carried by self avowed Dykes in Daylight Takeover of the Public Street.
The actual quote by Lisa Roth is found in her follow up Letter to the S.F. Chronicle of
7/1/98, where she Explicitly Bans Men from the Streets: “Many thanks for running a
great picture of the 6th Annual Dyke March on the front page of Sunday's paper, but I
must correct an error. I never said, "Guys are welcome." I said, "Guys are welcome to
stand on the side and cheer” The Dyke March is a "woman only" event, organized by
women for women and about women. As we said at our rally, the Annual San Francisco
Dyke March is the best live girl show in town. We've got No Permit, no politicians, no
corporate sponsors and No Men. We are fierce and feisty and fat and feminist.” 7/1/98
Lisa Roth - S. F. Dyke March Organizing Com. / Damn Lesbians
Women rule the world, if only for a little while . By Ryan Kim, Chronicle Staff Writer.
Sunday, June 27, 2004 San Francisco Chronicle. For a few hours Saturday night, Vicki
Noble got a fleeting glimpse of a world devoid of men…"This is what the world would
look like if women ruled the world, which we intend to do," said Noble…
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Men told not to rain on parade Unity key to Dyke March; 50,000 expected at S.F.
Dyke March 50,000 expected -- men not advised. By Joe Garofoli, S.F. Chronicle Staff
Writer - Saturday, June 26, 2004.A few simple rules are expected to attract more than
50,000 participants to today's 12th annual Dyke March through San Francisco: no
corporate sponsors, no politicians, no permit to march and no men.
Dyke- friendly guys are invited to cheer from the sidewalk as marchers wind along a
still-secret route through the Mission and Castro districts and points beyond. It's cutting-
edge politics like this that has helped the march blossom…The biggest donation was a
$5,000 gift from the city's Grants for the Arts. .
The same goes for calling it a "dyke" and not a "lesbian" march. Organizer Tina D'Elia
said it's an effort to reclaim the word "dyke," long considered a derogatory term for
lesbians… - it's become one of the city's largest winked-at underground events.
Though there are no official march permits, the city's police, traffic and
transportation officials now plan for it…
……………………………………………………………………………………………
It was on a rainy day during election season, in 2000, that Bender became
openly involved in the gay-marriage movement. As she drove down a street in
Riverside, her daughter pointed out the many pro-Proposition 22 campaign signs.
“I jumped out of the car and started pulling the signs off the side of the
road,” she said. She collected them at home, where she changed the “Yes” to
read “No.” Then she swapped out the signs on people’s lawns and on utility
poles. “It definitely put the community in a defensive stance rather than in an
offensive stance,”
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1. I am a native son of the city of San Francisco and an advocate on behalf of the
Civil Rights of this nation’s despised and disposable Male Minority. I am also a 2003
graduate of the McGeorge School of Law in Sacramento, who has been summarily
stripped by the administration of all my vested alumni rights; without charges, process or
appeal, This was done in retaliation for reporting Threats of Extreme Physical Violence
against me by a McGeorge Professor, sanctioned by the school’s policy of aggressive
viewpoint discrimination in favor of the same radical gender feminist / homosex political
agenda that is also driving the opposition to Proposition 8 and promoting Misandry
(Hatred of Men, Masculinity and Normal Heterosexuality) throughout the California
Legal System.
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public statements supporting Male Prison Rape as a Policy of the State, in regard to his
public statements about a then un-indicted target, when he said: “I would love to
Personally Escort Ken Lay to an 8x12 cell that he could share with a tattooed dude who
would say, ‘Hi, My Name is Spike, Honey”. Attorney General Lockyer not only
confirmed this Official State Policy of Homo-Anal Prison Rape targeting Males as valid,
but emphasized that it was only policy for Male citizens and did not under any
circumstances apply to Women. When I asked him why the double standard against Men,
he swore at me and walked away with his staff and supporters.
5. One of the most important educational moments of my life occurred on June 28,
1998, during the San Francisco Dyke March / Anti Male Hate Riot pictured and
described in Exhibit #1. I was going about my business in my home town of San
Francisco when, in the process of crossing the public street, I encountered the Misandrist
Reality of the San Francisco Dyke March in the form of several Dykes on Bikes using
their motorcycles as offensive weapons to clear the streets of Men in advance of the Hate
Riot. I later learned from reading the story that accompanied the picture of these torch
bearing hate mongers, as well as research on the internet, that these self avowed
“Separatist Dykes” boast that they refuse to even apply for a permit when they take over
the public streets and Ban Male Citizens. They even boast in Court Filings that this is as
part of their pogrom to bring about their Misandrist / Exterminationist ideal of a “World
Devoid of Men”.
That the leaders and legal establishment of my home town of San Francisco use tax
money to subsidize this Anti Male Hate Riot, and turn a blind eye to the rampant
violations of the law and the civil rights of the Male Minority it represents, simply
illustrates the hollow and hypocritical nature of their briefs purporting to show such a
great concern for ‘Equal Protection’. Support for Separatist / Exterminationist Misandry
is a mainstay of the Frisco political establishment, and a shame to the nation.
6. On January 6, 2008, I learned that the San Francisco Catholic Church where my
parents were married, Holy Redeemer, was vandalized with spray paint swastikas and
anti Catholic Hate speech, by those retaliating against the Church for its principled stand
in favor of Proposition 8. As a student of history and particularly the fascist movements
of the 20th century, the use of Swastikas as a symbol of Radical Homosex Activism
struck a chilling cord. Historical truth found in books like The Pink Swastika clearly
highlight the connection between Homosex Behaviors and Nazism that gave rise to one
of the most hateful Exterminationist regimes in modern history. The stark historical
reality is that the Nazi Party was founded and run by butch Homo-Anal Coprophile
Ephebophiles, such as Storm Trooper leader Ernst Röhm and his Protégé Adolph Hitler.
The predilections that characterized them are demonstrated each year in Frisco during the
Folsom Street Fair. Likewise, the Exterminationist Hatred they directed towards the Jews
is echoed in the public demands of Dyke Marchers for “A World Devoid of Men.”
7. Thus I find that the campaign of Anti Male Thought Policing and Retaliatory
Discrimination that has come to characterize my home state of California is indeed
reminiscent of the fall of Weimar Germany and its replacement with a National Homo-
Socialist Third Reich.
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I submitted this declaration of the truth under penalty of perjury on 1/14/09 and do so
again as of 2/2/10.
Sincerely, Michael J. McDermott
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
[PROPOSED ORDER]
Michael J. McDermott, (CA Lic. # 235984) moved to file a Pro-Se Amicus brief in the
case of Perry v. Schwarzenegger (Case No. 09-CV-2292 VRW; California Proposition 8).
For good cause appearing, the Motion to file an Amicus Brief Pro-Se is GRANTED.
________________________________
Hon. Vaughn R. Walker
United States Chief
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