WELL YOU HAVE SEEN MY STATEMENT IN APPEARANCE
BEFORE THE HOUSE VETERANS AFFAIRS COMMITTEE.
NOW IT'S TIME TO SEE SOME OF THE EVIDENCES
THAT WAS SUBMITTED TO THEM BEFORE THE WRITTEN
STATEMENT FOR THE RECORD WAS ENTERED.

SEE BELOW THE ILLEGAL GOINGS ON AT THE
COURT OF VETERANS APPEALS AND PLEASE
REMEMBER IF THEY ARE DOING THIS TO ME,
THEN THEY ARE DOING THIS TO EVERYBODY
ELSE.

LET'S START WITH THE OFFICIAL COURT
RULE ON WHAT THE POWERS ARE WITH THE
CLERK OF THE COURT. THE COURT CLERK
IS ONLY EMPOWERED TO HEAR AND RULE
ON A MOTION UNLESS THE VETERAN ENTERS
AN OPPOSITION TO THAT MOTION. IF THE
MOTION IS UNOPPOSED, THEN ONLY AT THAT
TIME DOES THE POWERS OF THE COURT CLERK
RISE TO RULE ON THAT MOTION WITHOUT
A JUDGE. HERE IT IS IN BLACK AND
WHITE BELOW AND STRAIGHT FROM THE
COURTS OWN WEBSITE.

THE COURT HAS BEEN ISSUING EX PARTE
PROCEEDINGS, WHICH MEANS PROCEEDINGS
WHICH INCLUDES ONLY ONE OF THE TWO
PARTIES OF THE CASE.

THEY HAVE BEEN CAUGHT RED HANDED AND
THIS PROCESS IS ILLEGAL.

SEE THE CONFIRMING EMAIL NOTICES I RECEIVED
ON MY VERY OWN DOCKET FOR FEBRUARY 9TH.

THE VA FILED 2 MOTIONS, ONE TO DISMISS
AND ONE TO STAY, AND THE CLERK RULED
ON BOTH MOTIONS TO GRANT THEM THOSE
MOTIONS. I NEVER HAD A CHANCE TO FILE
AN OPPOSITION AS THERE WAS ONLY 15 MINUTES
APART BETWEEN THE TIME THE VA FILED
THE MOTION AND THE TIME THE COURT CLERK
ENTERED A RULING AND GRANTED THE MOTIONS.

THIS IS ILLEGAL AND ONE OF THE MILLIONS
OF THINGS GOING ON INSIDE THE VA CLAIMS
ARENA TODAY WHICH THE VSO'S ARE STANDING
BY AND ALLOWING VETERANS TO BE TORTURED
BY. LET ALL OF YOU BE AWARE THAT
EX PARTE PROCEEDINGS ARE PROHIBITED IN
ALL FEDERAL COURTS WHEN THE PARTIES ARE
ACTUALLY KNOW TO THE DOCKET. I AM, AND
THEY HAVE BEEN CAUGHT RED HANDED.

SEE THE EVIDENCES BELOW




Rule 45: Dutites of Clerk

THE OFFICIAL COURT RULE ON THE POWERS
OF THE CLERK



(a) General Provisions. The Clerk must take the oath required by law. Neither the Clerk nor any deputy clerk may practice as an attorney or counselor in any court while continuing in office. The Court is always open for the purpose of receiving a facsimile transmission of any paper, except a brief (see Rule 25(a)(2)). The office of the Clerk, with the Clerk or a deputy clerk in attendance, is open during business hours on all days except Saturdays, Sundays, legal holidays, and other days when the Court is closed (see Rule 26(a)) from 9:00 a.m. to 4:00 p.m. A night box is available at the entrance to the Public Office from 4:00 p.m. to 6:00 p.m. on all days that the Court is open.

(b) The Docket; Calendar; Other Records Required. The Clerk will -

(1) maintain a docket containing a record of all papers filed with the Clerk, and all process, orders, and judgments;

(2) maintain an index of cases contained in the docket;

(3) prepare, under the direction of the Court, a calendar of cases submitted or awaiting argument; and

(4) keep such other books and records as may be required by the Court.

(c) Notice of Court Actions. Immediately upon issuance of an opinion, memorandum decision, order, entry of the judgment, or issuance of the mandate, the Clerk will send a copy to eachparty to the proceeding and note in the docket the issuance or entry date.

(d) Custody of Records and Papers. The Clerk will have custody of the records and papers of the Court. The Clerk will not permit any original record or paper to be taken from the Clerk's custody except as authorized by the Supreme Court of the United States, the United States Court of Appeals for the Federal Circuit, or the Court. Any original papers transmitted as part of the Record of Proceedings will be returned upon disposition of the case. The Clerk will preserve copies of briefs and appendices and other printed papers filed.

(e) Court Seal. The Clerk is the custodian of the seal of the Court. The seal will appear as ordered by the Court. The seal is the means of authentication of all records and certificates and process issued from the Court.

(f) Schedule of Fees. The Clerk will maintain in the Public Office a schedule of fees approved by the Court.

(g) Motions. Unless a case has been assigned to a judge or judges, the Clerk may act on motions, if joint, consented to, or unopposed, that seek to -

(1) dismiss or terminate an appeal or petition with or without prejudice to reinstate it;

(2) remand a case;

(3) reinstate a case that was dismissed for failure to comply with the rules;

(4) extend the time for taking any action required or permitted by the rules or by an order of the Court, unless the motion is made after the time limit has elapsed or unless the basis for the motion is extraordinary circumstances as required by Rule 26(b);

(5) consolidate appeal

(6) withdraw or substitute an appearance; or;

(7) withdraw or substitute an appearance; or

(8) correct a brief or other paper.

(h) Applications for Attorney Fees and Expenses. The Clerk may grant an application for attorney fees and expenses filed pursuant to 28 U.S.C. § 2412(d) when the Secretary does not contest the application, and may grant joint motions to dismiss such applications.

(i) Sua Sponte Dismissal of Cases. The Clerk may dismiss a case for the appellant's failure to pay the filing fee or to file a brief. See also Rule 35(a).

(j) Construction of Rules in Self-Representation Cases. Consistent with the practice of the Court, the Clerk will liberally construe the rules as they apply to self-represented appellants.

(k) Nonconforming Papers. Except where return of a paper is required by these rules for a specific reason (see Rules 5(d), 24, 26(d), 27(e) and 28(e)), if the Court receives any paper that does not conform to these rules, the Clerk will receive, but not file, the paper; however, if it is a jurisdiction-conferring paper, the paper will be filed notwithstanding any other provision of these rules. In every case, the Clerk will promptly notify the party of the defect(s) to be corrected and may, in accordance with guidance from the Board of Judges, stay proceedings for a reasonable time in order to permit submission of a conforming paper. Failure to submit such conforming paper in a timely manner may result in the dismissal of the matter.



--- On Mon, 2/9/09, e-filing@vetapp.gov <e-filing@vetapp.gov> wrote:


From: e-filing@vetapp.gov <e-filing@vetapp.gov>
Subject: 08-3545 Susan R. Frasier v. Eric K. Shinseki "CAVC Clerk's Order (stamp only)"
To: suefrasier@yahoo.com
Date: Monday, February 9, 2009, 12:11 PM


***NOTE TO PUBLIC ACCESS USERS*** The United States Court of Appeals for Veterans Claims permits attorneys of record and parties in a case (including pro se litigants) to receive an electronic view of all documents filed electronically which are included in the document links within this e-mail where the receipt is required by law, administrative rule, or directed by the filer.



United States Court of Appeals for Veterans Claims
Notice of Docket Activity

The following transaction was filed on 02/09/2009 Case Name: Susan R. Frasier v. Eric K. Shinseki

Case Number: 08-3545



Docket Text:
Clerk's stamp ord granting appellee's mot of 2/9/09 to stay pending motion to dismiss


Notice will be electronically mailed to:

Frasier, Susan R, Veteran: suefrasier@yahoo.com
Gordon, Amy S, Attorney: amy.gordon@va.gov, ogc027eajatest@va.gov
OGC-ICM5, Non-Attorney: milton.pettus@va.gov, perterie.thompson@va.gov


Notice will be stored in the notice cart for:

DeShazier, Paquette T, Processing Clerk


Notice will be mailed to:



Frasier, Susan R, Veteran
129 Green Street
Albany, NY 12202

The following information is for the use of court personnel:


DOCKET ENTRY ID: 679172
RELIEF(S) DOCKETED:
Dismiss case
DOCKET PART(S) ADDED: 627878, 627879, 627430

______________________________________________


--- On Mon, 2/9/09, e-filing@vetapp.gov <e-filing@vetapp.gov> wrote:


From: e-filing@vetapp.gov <e-filing@vetapp.gov>
Subject: 08-3545 Susan R. Frasier v. Eric K. Shinseki "CAVC Motion filed"
To: suefrasier@yahoo.com
Date: Monday, February 9, 2009, 10:56 AM


***NOTE TO PUBLIC ACCESS USERS*** The United States Court of Appeals for Veterans Claims permits attorneys of record and parties in a case (including pro se litigants) to receive an electronic view of all documents filed electronically which are included in the document links within this e-mail where the receipt is required by law, administrative rule, or directed by the filer.



United States Court of Appeals for Veterans Claims
Notice of Docket Activity

The following transaction was filed on 02/09/2009 Case Name: Susan R. Frasier v. Eric K. Shinseki

Case Number: 08-3545
Document(s): Document(s)



Docket Text:
Mot of Appellee to stay pending motion to dismiss

The following document(s) are associated with this transaction:
Document Description:CAVC Motion filed
Original Filename:08-3545-mt-stay-pending-mt-dismiss.pdf
Electronic Document Stamp:
[STAMP acecfStamp_ID=1087309524 [Date=02/09/2009] [FileNumber=678984-0] [3bef1897a5f296bd4c8ad1ffcf3461da67dca88207acc176997bee17784f6f0a044661509bd411baacb123c1e51ffef6e17c3f0fd50c44b6f9f582196a677efb]]

Notice will be electronically mailed to:

Gordon, Amy S, Attorney: amy.gordon@va.gov, ogc027eajatest@va.gov
OGC-ICM5, Non-Attorney: milton.pettus@va.gov, perterie.thompson@va.gov
Frasier, Susan R, Veteran: suefrasier@yahoo.com


Notice will be stored in the notice cart for:

Lipscomb, Anita, Processing Clerk


Notice will be mailed to:



Frasier, Susan R, Veteran
129 Green Street
Albany, NY 12202

The following information is for the use of court personnel:


DOCKET ENTRY ID: 678984
RELIEF(S) DOCKETED:
Miscellaneous
DOCKET PART(S) ADDED: 627589, 627590, 627591

________________________________________________


--- On Mon, 2/9/09, e-filing@vetapp.gov <e-filing@vetapp.gov> wrote:


From: e-filing@vetapp.gov <e-filing@vetapp.gov>
Subject: 08-3545 Susan R. Frasier v. Eric K. Shinseki "CAVC Motion filed"
To: suefrasier@yahoo.com
Date: Monday, February 9, 2009, 10:31 AM


***NOTE TO PUBLIC ACCESS USERS*** The United States Court of Appeals for Veterans Claims permits attorneys of record and parties in a case (including pro se litigants) to receive an electronic view of all documents filed electronically which are included in the document links within this e-mail where the receipt is required by law, administrative rule, or directed by the filer.



United States Court of Appeals for Veterans Claims
Notice of Docket Activity

The following transaction was filed on 02/09/2009 Case Name: Susan R. Frasier v. Eric K. Shinseki

Case Number: 08-3545
Document(s): Document(s)



Docket Text:
Mot of Appellee to stay pending motion to dismiss

The following document(s) are associated with this transaction:
Document Description:CAVC Motion filed
Original Filename:08-3545-mt-stay-pending-mt-dismiss.pdf
Electronic Document Stamp:
[STAMP acecfStamp_ID=1087309524 [Date=02/09/2009] [FileNumber=678887-0] [cd9183cf35658d94bb11ba99dca76409f89034016da85e2aa803375c656898d8c6af46210b74483a34a90a0462692e050eb5947a294aa3576045663cdc4a7e17]]

Notice will be electronically mailed to:

Gordon, Amy S, Attorney: amy.gordon@va.gov, ogc027eajatest@va.gov
OGC-ICM5, Non-Attorney: milton.pettus@va.gov, perterie.thompson@va.gov
Frasier, Susan R, Veteran: suefrasier@yahoo.com


Notice will be stored in the notice cart for:

Lipscomb, Anita, Processing Clerk


Notice will be mailed to:



Frasier, Susan R, Veteran
129 Green Street
Albany, NY 12202

The following information is for the use of court personnel:


DOCKET ENTRY ID: 678887
RELIEF(S) DOCKETED:
Miscellaneous
DOCKET PART(S) ADDED: 627445, 627446, 627447

_____________________________________________


--- On Mon, 2/9/09, e-filing@vetapp.gov <e-filing@vetapp.gov> wrote:


From: e-filing@vetapp.gov <e-filing@vetapp.gov>
Subject: 08-3545 Susan R. Frasier v. Eric K. Shinseki "CAVC Motion filed"
To: suefrasier@yahoo.com
Date: Monday, February 9, 2009, 10:28 AM


***NOTE TO PUBLIC ACCESS USERS*** The United States Court of Appeals for Veterans Claims permits attorneys of record and parties in a case (including pro se litigants) to receive an electronic view of all documents filed electronically which are included in the document links within this e-mail where the receipt is required by law, administrative rule, or directed by the filer.



United States Court of Appeals for Veterans Claims
Notice of Docket Activity

The following transaction was filed on 02/09/2009 Case Name: Susan R. Frasier v. Eric K. Shinseki

Case Number: 08-3545
Document(s): Document(s)



Docket Text:
Mot of Appellee to dismiss case

The following document(s) are associated with this transaction:
Document Description:CAVC Motion filed
Original Filename:08-3545-mt-dismiss.pdf
Electronic Document Stamp:
[STAMP acecfStamp_ID=1087309524 [Date=02/09/2009] [FileNumber=678878-0] [9e47774a0d4d170a484f92ee4dfa9ad9bd7c21946fd59a703f66d27355dd6f7758c21b2e7470b1e11c3965a9a5be4b469bcc1774e0f2771fd507fa85c439de37]]

Notice will be electronically mailed to:

Gordon, Amy S, Attorney: amy.gordon@va.gov, ogc027eajatest@va.gov
OGC-ICM5, Non-Attorney: milton.pettus@va.gov, perterie.thompson@va.gov
Frasier, Susan R, Veteran: suefrasier@yahoo.com


Notice will be stored in the notice cart for:

Lipscomb, Anita, Processing Clerk


Notice will be mailed to:



Frasier, Susan R, Veteran
129 Green Street
Albany, NY 12202

The following information is for the use of court personnel:


DOCKET ENTRY ID: 678878
RELIEF(S) DOCKETED:
Dismiss case
DOCKET PART(S) ADDED: 627428, 627429, 627430


I rest my stinking case, everybody !!