11-05-17 Affidavit of William M Windsor in re: Denial of access to court record in the US District...

download 11-05-17 Affidavit of William M Windsor in re: Denial of access to court record in the US District Court, Northern District of Georgia, (1:09-CV-01543), (1:09-CV-02027), and (I:06-CV-0714)

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Transcript of 11-05-17 Affidavit of William M Windsor in re: Denial of access to court record in the US District...

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    AFFIDA V II OF WILLIAM M. WINDSOR

    I, William M. Windsor, the undersigned, hereby declare under penalty of

    perJury:

    1. My name is William M. Windsor ("Windsor"). I am over the age of21,

    am competent to testifY, and have personal knowledge olthe matters stated herein.

    2. On May 17,201 I at 2:03 pm EDT, I entered the Office of the Clerk of

    the United States District Court for the Northern Districtof

    Georgia, 75 Spring

    Street, 22'" Floor, Atlanta, Fulton County Georgia 30303.

    3. I presented two letters to Chief Deputy Clerk Douglas J. Mincher

    requesting to access court records, to inspect, and to copy in cases 1:09-CV-01543

    WSD, 1:09-CV-02027-WSD, and I:06-CV-0714-0DE in the United States District

    Court for the Northern District of Georgia. Exhibit I is a true and correct copy of

    Mr. Mincher's business card that I requested and obtained.

    4. Exhibit 2 is a true and correct copy of one of the requests.

    5. Exhibit 3 is a true and correct copy olthe other request.

    6. Mr. Mincher refused my request to stamp my copy ol the letters

    "Received."

    7. I was also denied access to any and all the records in my cases after

    politely requesting access to the court records to inspect and to copy.

    1

    Digitally signed byJoseph Zernik DN: cn=Joseph Zernik, o,ou,email=jz12345@earthlink .net, c=USDate: 2011.05.18 07:14:07+03'00'

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    8. This is a clear violation of my rights and the rules of the court. Exhibit

    4 is a true and correct copy of the relevant rules printed from the clerk's website.

    9. Ms. J. White, Miss V. Sanders. Ms. Gitling, an unknown government

    employee with Mr. Mincher, and a man who appeared to be a pro se party making

    a filing with Miss Sanders all witnessed the interaction.

    10. By 2: 10 pm, I left the Clerk's Office, and the time stamp Irom the

    parking lot shows that I exited the court property at2: 18

    pm. Exhibit 5is

    a true

    and correct copy of the parking receipt.

    FURTHER SAITH AFFIANT NOT.

    In accordance with 28 U.S.C. 1746, I declare under penalty of perjury that

    the foregoing is true and correct.

    Executed this 17th day of May, 20ll .

    William M. Windsor

    2

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    Exhibit

    1

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    UNITED STATES DISTRICT COURT

    NORTHERN D I S n u C f OF GEORCIA

    Douglas J. MincherChwf Deputy Clerk

    2217 Uruted States C"urthousc75 SrrlIlg Street, S WAllam", GA 30303-3309 felephune' (404) 215-1610

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    Exhibit

    2

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    12) 08/31/2009 Submission of 40 MOTION for Joinder13) 09/03/2009 42 ORDER14) 0910312009 Clerks Certificate o f Mailing15) 10/14/2009 CERTIFICATE OF READINESS o f Appeal Record16) 10/14/200947 Certilied copy of CERTIFICATE OF READINESS17) 10/22/200948 USCA Acknowledgment of CO R

    18) 12/29/200950 Certified and Transmitted Record on Appeal to US Court of Appeals19) 01/04/201051 USCA Acknowledgment of receipt of record on appeal20) 02/26/20 I0 52 Certified copy o f ORDER of USCA DENYfNG Appellant's EmergencyMotion to DisqualifyEleventh Circuit Judges and Motion to Change Venue",21) 05107/2010 54 Certified copy of ORDER o f USCA DENYING all pending motions filed byappellant.22) 06116/2010 WRlT of Execution issued in the amount of$37,333.67 as to William Windsorper 54 Orderand per the direction o f the USCA.23) 06/17/2010 55 CERTIFICATE OF SERVICE

    24) 0612812010 56 NOTICE O f Filing Writ o f Execution for Rule 38 damages award by Maid o fthe MistCorporation25) 08/06/20 I0 Submission of 64 MOTION to Expunge Writ of Exceution26) 08/2612010 Submission o f 65 MOTION for Recusal to District Judge William S. Duffey27) 09/13/2010 Submission of 78 MOTION for Leave to File Emergency Motion228) 09/24/2010 ORAL ORDER (by docket entry only) as ordered by Judge William S. Duffey..Jr.

    29) 09/30/20 I0 Submission of 80 MOTION for Extension of Time MOTION30) 10/12/2010 Submission of 84 MOTION for Leave to File Response31) 11/03/201099 ORDER DENYING 60 Motion for Protective Order:

    32) 11/0312010 Clerks Certificate o f Mailing33) 12/06/2010109 ORDER VACATED, pursuant to 125 Order. ORDER DENYING 10734) 02/09/2011125 ORDER VACATING 10935) 05/04/2011158 ORDER re 157 MOTION for Specific Approval to file Motion for Stay36) 05104/2011 Clerks Certificate o f Mailing37) 05/04/2011159 ORDER DENYING 154 Motion for Leave to Request twelve signedsubpoenas.38) 05/05/20 II Clerks Certificate o f Mailing39) 0510912011165 ORDER DENYING 153 Motion for Leave to f i le40) 05109/2011 Clerks Certificate o f Mailing41) 0511112011166 ORDER rc 165 Order

    42) 0511112011 Clerks Certificate of Mailing43) 05/1 112011 ORDER (by docket entry only) denying as moot 167 Motion for Hearing;44) 05/11/2011 Clerks Certificate of Mailing

    I also request copies of any and all records that are purported to be certificates of mailing,including:

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    1) 11103/2010 Clerks Certificate of Mailing2) 05/04/2011 Clerks Certificate of Mailing3) 05/05/2011 Clerks Certificate of Mailing4) 05/09/2011 Clerks Certificate of Mailing5) 05/11/2011 Clerks Certificate of Mailing6) 05111/2011 Clerks Certificate of Mailing

    The following record is also requested:

    Judgment Index in the above referenced case.

    Sincerely,

    William M. WindsorDefendantMaid a/the Mist Corporation et af v. A fcatraz Media. LL C et af (I :06-cv-0714ODE and somehow involved in I :09-cv-OI543- WS D and I :09-Ml-0220-WSD

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    Exhibit

    3

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    William M. WindsorPO Box 681236 Marietta, GA 30068770-578-1094 Cell: 404-606-1885

    May 13,2011

    Mr. James N. HattenClerk of the CourtUnited States District Court Northern District of Georgia75 Spring Street, SW, 22"' FloorAtlanta, Georgia 30303-3361

    Re: Request to access court records, to inspect, and to copy, in 1:06-cv0714-0DE

    Dear Mr. Hatten:

    Please accept this instant request to access court records in the matter shown on thedocket as Maid o f the Mist Corporation et at v. Atcatraz Media, LLC et at (I :06CV-0714-0DE) pursuant to my First Amendment and Due Process rights, and U.S.Supreme Court decision in Nixon v Warner Communications. Inc. (1978).

    Instant request is for the NEFs (Notices of Electronic Filing) of records in theabove referenced case, as detailed below. No copies are requested of the recordsthemselves, only of the NEFs:

    I) 03/28/2006 Dkt #1 NOTICE OF REMOVAL with COMPLAINT2) 03/29/2006 Dkt #!!. ORDER OF RECUSAL3) 03/30/2006 Dkt #lQ ORDER granting;l Motion for TRO4) 08/09/2007 Dkt #251 ORDER denying 146 Motion for Summary Judgmentet5) 10/16/2007 Dkt #280 ORDER granting 252 Motion for Entry of a SeparateJudgment6) 10/16/2007 Dkt #281 CLERK'S JUDGMENT7) 10/29/2008 Dkt #346 ORDER making the USCA mandate the judgment ofthis Court8) 10/30/2008 Dkt #347 CLERK'S REMITTITUR NOTICE9) OS/22/2009 Dkt #390 ORDER denying the 361 Motion for Recusal10) 04/08/2010 Dkt #751 Minute Entry for proceedings

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    II) 04/09/2010 Dkt #752 ORDER12) 04/09/2010 Dkt #753 CLERK'S JUDGMENT13) 04/0912010 Dkt # none (after 753) Clerk's Certificate of Mailing14) 04/09120 I0 Dkt # none (after 753) WRIT of Execution issued in the amountof$] 92,377.87 against William M. Windsor.

    15) Plus all additional Orders, Judgments, and Clerk's Certificates of Mailingafter April 9, 2010, including but not limited to Docket Numbers 758, 777, 782,794,799,809,811,812,815,816,817,823,833,840,864, 870, 874, 885, 886,887,909,912,922,934,936, and 937.

    The following record is also requested:

    16) Judgment Index in the above referenced case.

    Sincerely,

    William M. WindsorDefendantMaid o f the Mist Corporation et al v. Alcatraz Media, LLC e t al ( l :06-cv-0714ODE)

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    Exhibit

    4

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    APPENDIXH

    STANDING ORDER IN RE: ELECTRONIC

    CASE FILING STANDING ORDER No. 04-01AND ADMINISTRATIVE PROCEDURES

    APP.H -1

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    2. A party may conventionallysubmit exhibits which are not available in electronic form.The Clerk's Office will note on the docket its receipt o f the document(s) or exhibit(s) with a t e x t ~only entry. Any document filed conventionally will be noted in a Notice o f Manual Filing.

    3. Because documents scanned in color or containing a graphic take much longer to

    upload, filing parties must configure their scanners to scan documents at 200 dpi and in black andwhite rather than in color. If a color document is critical to the case, an original color copy can befiled conventionally or may be scanned in color an d then uploaded to ECF.

    4. The filing party is required to veritY the readability of scanned documents before filingthem electronically with the court. (Similar to the copy process, images of scanned documents couldcontain pages which skewed during scanning or were omitted altogether.)

    5. Exhibits submitted conventionally shall be served on other parties pursuant to sectionII(B)(3) of these Procedures governing service of conventional documents. Exhibits filedconventionally will be listed in an electronically filed Notice of Manual Filing.

    V. PUBLIC ACCESS TO CMIECF

    A. PUBLIC ACCESS AT T HE COURT. Access to the electronic docket and documentsfiled in ECF is available to the public at no charge at the Clerk's Office during regular businesshours. A copy fee for an electronic reproduction is required in accordance with 28 U.S.C. 1914.

    Conventional copies and certif ied copies o f electronically filed documents may bepurchased at the Clerk's Office. The fee for copying and certifying will be in accordance with 28U.S.c. 1914.

    Please see Section VI regarding public access to electronic transcripts.

    B. INTERNET ACCESS. Remote electronic access to ECF for viewing purposes is limitedto subscribers to the Public Access to Court Electronic Records ("PACER") system. The JudicialConference of the United States has determined that a user fee will be charged for remotelyaccessing certain detailed case information, such as filed documents and docket sheets in civil cases,but excluding review of calendars and similar general information. 5

    5 Non-judiciary CM/ECF users will btl ..::harged a per page fee to access electroni..:: data such as docket sheets andcase documents obtained remotely through the PACER system. A ptlr document cap does not apply to transcripts.Transcripts may be obtained following a minimum 90 day restriction period for a per page fee, with no per document

    cap. Fees will be charged for each access regardless of whether or not the attorney has been given access to thetranscript by the court through CM/ECF. The access fee does not apply to official recipients o f electroni

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    Exhibit

    5

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    INUOICE:BOOmTIll: 14:18

    AUTHNO: 59m3

    13406005

    oaaOB01B1347415

    PCA AIL 6E" 001157 LUCKIESI H\IIA I L A H 1 ~ ,SA 30303

    TERHIHALI.O.:

    HERCHAHTft:

    . ~ "SALEBATCH:080mDATE:I'iW 17. 11RRH:B00116915m

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    TOTAL $ 8 . 0 0

    ItI WINOSOR

    CUSTOHERC O P ~