Sunday, July 1, 2012

Cody Robert Judy Ltr. U.S. Supreme Court July 1st,2012


3031 So. Ogden Ave. Suite #2
Ogden UT. 84401

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Office of the Clerk – Mr. William K. Suter
Washington, DC 20543-0001
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RE: Cody Robert Judy v. Barack Obama July 1st, 2012

Dear Mr. Suter- Clerk of the Court:
The first class mail return of my document, Petition for Writ of Certiorari on June 30th, 2012, was returned with a letter dated from the Clerk Gail Johnson June 28th 2012 stating:
“Dear Mr. Judy- The above-entitled petition for a writ of certiorari was received again on June 28th, 2012, and is herewith returned for the reason stated in my letter May 17th,2012. Sincerely William K. Suter, Clerk – By Gail Johnson”

Also included in the returned box was a copy of the May 17th,2012 letter clarifying any doubt of the reasons it was sent back stating – “ The enclosed papers were received again on May 17th, 2012 and are herewith returned for the reasons stated in my letter dated April 10,2012. Until and unless you receive a decision from a United States Court of Appeals or highest state court within which a decision could be had this Court does not have jurisdiction of your case. By: Gail Johnson

Sir, the Petition for Writ of Certiorari dated June 25th,2012 has an appeal for the eleventh circuit from the highest court available in Georgia- The Georgia Supreme Court Judy v. Obama, Case No. S12D1584.

The abusive treatment I am the recipient of in the return of my document by analyst Gail Johnson apparently not even analyzing my document and thinking it was the same document of April 4th,2012 is definitely a bias towards me that has prejudiced me and my Petition for a Writ of Certiorari. The first paragraph states Sir that the Supreme Court of Georgia granted my ‘indigent status’.

How could I have indigent status from the Georgia Supreme Court if I didn’t’ have a decision from the Georgia Supreme Court in my appeal to the U.S. Supreme court? Why would I have included a copy of the Notice of Appeal to the U.S. Supreme Court from the Georgia Supreme Court if I didn’t have an Appeal from the highest court in Georgia? Why should a document dated June 25th,2012 be considered the same document as one dated April 4th,2012 worthy of the same letter of May 17th,2012 when a denial is on record in the Petition for Writ of Certiorari of a decision made by the Georgia Supreme Court June 21st, 2012 case No S12D1584?

If the Clerk’s Office had a question for me why can’t you or Ms. Johnson just call me instead of sending the documents back costing the Court more money in the return and me time and more money in postage in re-sending them?

This employed tactic was used by the Georgia Supreme Court and I immediately faxed them copies of the Orders that were had in the Superior Court, which they could have got from the Court also but chose to get them from me which was okay, and I did my very best to accommodate any questions they had.

My concern of time is a genuine concern on the merits of the case and delay such as Ms. Gail Johnson seems to be employed in is having the affect of biasing me from the U.S. Supreme Court consideration.

I have now been to two State Supreme Courts both of which are entered in the Petition for Writ of Certiorari- One State Supreme Court decision from the New Hampshire Supreme Court and the latest Supreme Court decision from the Georgia Supreme Court. These are both Courts qualifying, as is stated in the May 17th, 2012 letter from Ms. Gail Johnson as “highest state court within which a decision could be had” and the presumption “until” and “unless” I had a decision from the highest state court presumes I would receive a U.S. Supreme Court case number with State Supreme Court case numbers which I haven’t so far.

My June 25th,2012 Petition for Writ of Certiorari to make things as simple and plain as I possible can is from the Georgia Supreme Court, case number again is JUDY v. OBAMA, S12D1584 received June 21st,2012.

If the Justices had been informed of my case it may have altered their decision on the ACA Decision as Obama is not eligible or qualified by the demands of the Constitution for the Office of the President. I feel that withholding my case from their consideration is a blatant discrimination towards me and towards the Justice of their decisions that may have been altered if presented.

That circumvention of Justice is not at all my fault. It is remains at the feet of the Clerk’s office of which you are in charge. If the ACA needed an eligible person first qualified under the Constitution as President to sign it, and Obama was not, the Act was not ripe for the U.S. Supreme Court decision and their decision is rendered ‘moot’.

While the Justices have recessed as of June 29th,2012 my Petition for Writ of Certiorari was in their halls June 27th,2012 and absolutely capable of being considered albeit your handing it to them. The timing of my Petition is imperative to the scheduled Sept. 5th,2012 National Democratic Party Convention of which if considered from the moment it entered the halls of the U.S. Supreme Court June27th, 2012 meets the most important standing requirement number 3 ‘redressability’ thus the employment of stall is corrupting my redress of grievances rights.

There are three standing requirements:

1. Injury: The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. This injury could be economic as well as non-economic.
2. Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
3. Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.

By sending my papers back the Clerk’s office created a problem in that the Court won’t see my Petition for Writ of Certiorari until after the Democratic National Convention Sept. 5th, 2012 because the Justices recess until I believe the first Monday in October, 2012.
My petition requires their immediate attention due to an election and when election dates are in place and cannot be and a complaint as mine is brought before the Court, a special consideration must be called by the Court.

I’m informing you this must be done in the interest of elections that the Court’s decision is not ‘put-off’ until their decision is made ‘moot’. The U.S. Supreme Court is not meant to be ‘put out’ of the business of interpreting the Constitution as a check and balance in the Judicial Branch, especially in the interest of securing and protecting our United States Election process and our Constitution’s demands.
The Court is intended to serve the Constitution, rather than the Constitution to serve the Court.

The Supreme Court is well within its right to Order and or Announce a special session as it did in Jan 2010, and June of 2012 to specifically deal with a certain business and nothing else. I contend my case qualifies for that due to the nature and timing of the Democratic National Convention of which is still 2 months away but may be placed in jeopardy if a special session is not called for or delayed until October 2012.

The Petition must be given to the Justices immediately and the 30 days to grant or deny on the specific interest of the election timing. The order must be made for the timing of such responses to the Petition to be shortened to give all parties fair notice that delay is not a tactic that can be employed to prejudice justice, in the order of justice.

I have complied with your requirements that you set for me in getting a Supreme Court decision and I certainly would appreciate your sincere assistance in seeing this case to the Honorable Court Justices.

I have attached to this letter the decision noted on the Notice of Appeal from the GEORGIA SUPREME COURT attached also within the PETITION FOR WRIT OF CERTIOARI June 25th,2012.

Thank you most Sincerely Yours,
Cody Robert Judy

Complete Signed Petition for Writ of Certiorari Judy v. Obama

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