9-21-2009 Notice of Appeal toThe7th Court of Appeal
Content
THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA Kay Kim, Plaintiff, ) ) v. ) ) Cause No. 1:09-cv-0829-DFH-JMS George F. Parker, M.D., IU Psychiatrist & ) as an Officer capacity power given by the State,) Special Judge Judith S. Proffitt, ) Indiana University, employer of Dr. G. F. Parker,) Defendants. ) NOTICE OF APPEAL Notice is hereby given that Plaintiff, Kay Kim, Pro se pursuant to Appellate Rule 3(a) and 4(a) in the above named case, hereby appeal to the United States Court of Appeals for the United States Court Sourthern district of Indiana as follows: (REQUEST FOR ORAL ARGUMENT FROM THE 7th Court of Appeal.) 1. Docketed #23: the Order dismissing defenant, Indiana University pursuant
12(b)(6) represented by defense counsels David J. Mallon, Jr. & Jennifer M. Johnson. 2. Docketed #24: the Order dismissing defendant, Psychiatrist, George F. Parker
pursuant 12(b)(6) represented by defense counsels Robert G. Weddle & Elizabeth A. Schuerman. 3. Docketed #29: the Order dismissing defendant, Judge Judith S. Proffitt
represented by her defense counsel Corinne Gilchrist. 4. Docketed #29 and #30: the Court Ordered the costs of the action are assessd
against the plaintiff. 5. Indianapolis Indiana Southern District court Chief Judge David F. Hamilton
ruled/processed/streed on this case as “shotgun” and “gotcha” procedure/rulling style to exploit Against the Plaintiff from the very beginning as follows and not limited to: 5(a) dismissing the defendants Dr. Parker and IU before Plaintiff receive an
ANSWER from the remaining defendant. 5(b) there was none and no time for any subsequent motions, pleadings, request for admission, pretrial, etc. in an orderly manner is given to Plaintiff pursuant to Fed.R.Civ/P.11(b)(3). 6. The Judge David F. Hamilton’s intentional failure and/or omission to rule for
many issues and reliefs docketed #1 in the original Complaint sought by the Appellant-Plaintiff were denied in its entirety docketed #30 Final Judgement entered in this action on the 17th day of September, 2009 as follows and not limited to: 6(a) Denied (failure and/or ommision to rule) Injunctive relief requested to stop the competency hearing.. 6(b) Denied (failure and/or ommision to rule) Declaratory judgment requested to regain my-Plaintiff, Kay Kim, Pro Se’s self representation right. 6(c) Denied (failure and/or ommision to rule) claim under Intentional malpractice by the Psychiatrist George Parker. 6(d) 6(e) Denied (failure and ommision to rule) claims pursuant to 42 U.S.C. §1983. Denied (failure and ommision to rule) claims under U.S. Constitution 5thdue process, 6th-self representation, 8th-cruel and unusual punishment, color of law, of civil rights, Respectfully submitted, Dated: September 20, 2009 By: Kay Kim, Pro Se-Plaintiff Ph# 317-641-5977 e-mail: [email protected] 14th-equal protection under the law Title 42 U.S.C. §14141undue burden, 42 U.S.C. §1988-proceeding in vindication
CERTIFICATE OF SERVICE I do hereby certify that a copy of the foregoing to the counsels were either mailed by first class U.S. Mail, postage prepaid or hand delivered no later than September 22, 2009. ____________________ Kay Kim, Pro Se-Plaintiff 4250 Village Pkwy c e apt. 2 Indpls., IN 46254, Ph# 317-641-5977 e-mail: [email protected] Robert G. Weddle & Elizabeth A. Schuerman (Attornies for G.F.Parker, M.D.) TABBERT HAHN EARNEST & WEDDLE, LLP One Indiana Square, suite 1900 Indianapolis, IN 46204-2032 telephone: 317-639-5444 / facsimile: 317-639-5232 em: [email protected], [email protected] David J. Mallon, Jr. & Jennifer M. Johnson (Attornies for Indiana University) ICE MILLER LLP One American Square, Suite 3100 & 2900 Indianapolis, IN 46282-0200 t317-236-2100 em: [email protected] Corinne Gilchrist (Attorney for Special Judge J.S. Proffitt) Deputy Attorney General Office of the Indiana Attorney General Indiana Government Center South, 5th Floor 302 W. Washington Street Indianapolis, IN 46204-2770 tel: 317-234-2237 / fax: 317-232-7979 em: [email protected] ____________________ Kay Kim, Pro Se-Plaintiff
12(b)(6) represented by defense counsels David J. Mallon, Jr. & Jennifer M. Johnson. 2. Docketed #24: the Order dismissing defendant, Psychiatrist, George F. Parker
pursuant 12(b)(6) represented by defense counsels Robert G. Weddle & Elizabeth A. Schuerman. 3. Docketed #29: the Order dismissing defendant, Judge Judith S. Proffitt
represented by her defense counsel Corinne Gilchrist. 4. Docketed #29 and #30: the Court Ordered the costs of the action are assessd
against the plaintiff. 5. Indianapolis Indiana Southern District court Chief Judge David F. Hamilton
ruled/processed/streed on this case as “shotgun” and “gotcha” procedure/rulling style to exploit Against the Plaintiff from the very beginning as follows and not limited to: 5(a) dismissing the defendants Dr. Parker and IU before Plaintiff receive an
ANSWER from the remaining defendant. 5(b) there was none and no time for any subsequent motions, pleadings, request for admission, pretrial, etc. in an orderly manner is given to Plaintiff pursuant to Fed.R.Civ/P.11(b)(3). 6. The Judge David F. Hamilton’s intentional failure and/or omission to rule for
many issues and reliefs docketed #1 in the original Complaint sought by the Appellant-Plaintiff were denied in its entirety docketed #30 Final Judgement entered in this action on the 17th day of September, 2009 as follows and not limited to: 6(a) Denied (failure and/or ommision to rule) Injunctive relief requested to stop the competency hearing.. 6(b) Denied (failure and/or ommision to rule) Declaratory judgment requested to regain my-Plaintiff, Kay Kim, Pro Se’s self representation right. 6(c) Denied (failure and/or ommision to rule) claim under Intentional malpractice by the Psychiatrist George Parker. 6(d) 6(e) Denied (failure and ommision to rule) claims pursuant to 42 U.S.C. §1983. Denied (failure and ommision to rule) claims under U.S. Constitution 5thdue process, 6th-self representation, 8th-cruel and unusual punishment, color of law, of civil rights, Respectfully submitted, Dated: September 20, 2009 By: Kay Kim, Pro Se-Plaintiff Ph# 317-641-5977 e-mail: [email protected] 14th-equal protection under the law Title 42 U.S.C. §14141undue burden, 42 U.S.C. §1988-proceeding in vindication
CERTIFICATE OF SERVICE I do hereby certify that a copy of the foregoing to the counsels were either mailed by first class U.S. Mail, postage prepaid or hand delivered no later than September 22, 2009. ____________________ Kay Kim, Pro Se-Plaintiff 4250 Village Pkwy c e apt. 2 Indpls., IN 46254, Ph# 317-641-5977 e-mail: [email protected] Robert G. Weddle & Elizabeth A. Schuerman (Attornies for G.F.Parker, M.D.) TABBERT HAHN EARNEST & WEDDLE, LLP One Indiana Square, suite 1900 Indianapolis, IN 46204-2032 telephone: 317-639-5444 / facsimile: 317-639-5232 em: [email protected], [email protected] David J. Mallon, Jr. & Jennifer M. Johnson (Attornies for Indiana University) ICE MILLER LLP One American Square, Suite 3100 & 2900 Indianapolis, IN 46282-0200 t317-236-2100 em: [email protected] Corinne Gilchrist (Attorney for Special Judge J.S. Proffitt) Deputy Attorney General Office of the Indiana Attorney General Indiana Government Center South, 5th Floor 302 W. Washington Street Indianapolis, IN 46204-2770 tel: 317-234-2237 / fax: 317-232-7979 em: [email protected] ____________________ Kay Kim, Pro Se-Plaintiff
