Plaintiff's Reply Brief

Case: 14-16858, 09/30/2015, ID: 9703104, DktEntry: 28-1, Page 1 of 23
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Rehan Sheikh
1219 W. El Monte Street
Stockton, California 95207
Telephone: (209) 475.1263
rehansheikh@yahoo.com
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IN THE UNITED STATES COURT OF APPEALS
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FOR THE NINTH CIRCUIT
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REHAN SHEIKH
Appellant (and plaintiff),
v.
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Brian Kelly
Secretary, California State
Transportation Agency
Appellee
and
Mark Tweety
Manager, Department of Motor
Vehicles
Appellee
Case NO: 14 1 6 8 5 8
PLAINTIFFs REPLY BRIEF
The DMV continues to Suspend

Plaintiffs Driving License without
Notice and without Hearing since
2011
42. U.S.C. 1983
Judge : Hon. Garland E. Burrell
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Magistrate Judge Hon. Allison Claire
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District Court: 2: 14 CV- 7 5 1 GEB AC
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Table of Contents
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I.
STATEMENT OF CASES................................................................................................... iii
II.
SUMMARY.............................................................................................................................. 2
III.
STATEMENTS ....................................................................................................................... 3
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A.
B.
C.
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DMVs Demand for Reexamination - Mar 26, 2012 ................................................... 3

The DMVs Arbitrary Order to Suspend Driving License - Mar 27, 2012 ............ 5
The DMVs Verbal Demand for Medical Examination Sep 06, 2014 ............... 6
IV.
ARGUMENTS ........................................................................................................................ 6
A.
Demand for Medical Exams Constitutes Unreasonable Searches ............................. 6
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B.
DMVs and County Courts Records are inconsistent or Perjured ............................. 8
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C.
Like Medical Board, DMV should Grant hearing on alleged Failure to Pay ......... 10
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D.
Burden of Proof Driving License and Physicians License ...................................... 10
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E.
Right to Hearing on Suspension of License ................................................................... 11
F.
Dispersal of Power; Justice Scalia emphasized on Structure of the Constitution 11
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G.
Suspension of Driving License for FTA and FTP is without Justification and does
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not make roads Safer ..................................................................................................................... 12
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H.
Due Process Clause(s) Mandate a Notice....................................................................... 15
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I.
Plaintiff has established irreparable harm ................................................................... 17
V.
PRAYER ................................................................................................................................ 19
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Plaintiffs Reply Brief Rehan Sheikh v. [DMV]

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Table of Authorities
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UNITED STATES CASES

Arizona Dream Act Coalition v Brewer,
757 F.3d 1053 (2014) ......................................................................................................... 13, 18
Counselman v. Hitchchock,
142 U.S. 547 (1892) ................................................................................................................... 7
Goss et al. v. Lopez et al. 419 U.S. 565 (1975) ......................................................................... 16
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Ker v. California, 374 US 23 (1963). ........................................................................................... 7
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Mullane, Special Guardian, v. Central Hanover Bank & Trust Co.,

Trustee, et al. 339 U.S. 306 (1950) ....................................................................................... 16
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Schmerber v California, 384 US 757 (1966) .............................................................................. 7
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State of Texas v United States 5th Circuit - Case No; 15-40238 ......................................... 14
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CALIFORNIA CASES
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Bixby v. Pierno, 481 P. 2d 242, 4 Cal.3d 130, 151 (California Supreme

Court, 1971) .............................................................................................................................. 17
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In re Garcia, 315 P. 3d 117 (California Supreme Court, 2014) ........................................... 13
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OTHER AUTHORITIES
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California Assembly Bill 60 (2013) ............................................................................................ 14
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California Assembly passed Resolution ACR 76 -800th Anniversary of

Magna Carta ............................................................................................................................. 11
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California Senator Darrell Steinberg - Right to Hearing ..................................................... 11
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California Senator Darrell Steinberg -Innocent until Proven Guilty ................................ 11
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Justice Antonin Scalia - Structure of Constitution ............................................................... 12
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I.
STATEMENT OF CASES
Ninth Circuit Court of Appeals
Plaintiff and plaintiffs spouse are parties in the following cases;
1) Farzana Sheikh MD v Medical Board of California
Case Number: 10 17098
2) Rehan Sheikh v Cisco Systems Inc.
3) Rehan Sheikh v Brian Kelly (California Department of Motor Vehicles)
4) San Joaquin (County) General Hospital v Farzana Sheikh, MD
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Eastern District of California
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Plaintiff and plaintiffs spouse are parties in the following cases;
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1) Farzana Sheikh MD v Medical Board of California
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Case Number: 2:10 CV 213 FCD - GGH

2) Rehan Sheikh v Brian Kelly (DMV)
Case Number: 2: 14 CV 751 GEB AC
3) San Joaquin (County) General Hospital v Farzana Sheikh, MD
Case Number: 2:14 CV 1509 MCE AC
4) Farzana Sheikh, MD v Hon. Leslie Holland
Case Number: 2:15 CV 1773 TLN DAD
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P a g e | iii
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LIST OF EXHIBITS
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A. Dec 5, 2011
Order of Suspension (Anonymous, unsigned)
B. March 27, 2012
Order of Suspension (without stating any cause)
C. March 26, 2012
Driver Medical Exam - Any and All Conditions
D. Sep 16, 2014
Driver Medical Exam
E. May 2015
DMVs Public Records showing Accusations without Notice
F. Aug 6, 2014
Declaration of Shannon Gove - without Reexamination
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G. May 6, 2014
Letter - Jennifer Berry, Assistant Chief County, DMV
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H. April 25, 2014
Letter - Thomas Laughter, Manager DMV
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I. July 14, 2014
Letter - Matthew Besmer, DAG Department of Justice
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J. July 31, 2015
Plaintiffs Letter Public Records
K. Aug 12, 2014
Plaintiffs Declaration
L. Year 2015
Defendant Brian Kelly Drivers Handbook
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II.
SUMMARY
1. The DMV issued first anonymous Order (dated Dec 5, 2011) to suspend
plaintiffs Driving License generally citing an alleged Failure to Appear (FTA)
and an alleged Failure to Pay (FTP). All of the DMVs accusations are contested.
2. The DMV issued second Order (March 27, 2012) to suspend plaintiffs Driving
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License without stating any stating any cause. The Due Process Clause(s)
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mandates that the DMV state a cause for Suspension of Driving License.
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3. Without stating any cause, the DMV demands plaintiffs Reexamination

including Driving test, written test, Medical, Psychological, Neurological
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examinations, Drug addition, alcohol addiction, chemical and blood tests. The
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DMV stated that it can deny license even after successfully completing such
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Reexamination.
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4. Without Judicial hearing and without any Notice, the DMV published its
accusations including Lack of Knowledge or skill on its public reports to auto
insurance corporations causing undue injury.
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5. Plaintiff contested the policy of summary Driving License suspension merely for
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an alleged Failure to Pay (FTP) and for alleged Failure to appear (FTA). The
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DMV was not able to present opposition and matter is ripe for default judgment
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for plaintiff.
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III.
STATEMENTS
6. On or around February 29, 2012, the DMV denied renewal of Plaintiffs Driving
License without a written Notice and without hearing. The DMV Stockton office
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stated that the driving license was blocked by the DMV Sacramento office. After
plaintiffs request the DMV office Supervisor gave a phone number.
7. Plaintiff called the DMV Sacramento office and spoke with Mr. Mark Tweety
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who identified himself as a Manager at DMV. Plaintiff explained DMV manager
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about adverse impact on life because of non-renewal of his driving license. Mr.
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Tweety did not care at all about impact on plaintiffs life and stated, this is not
important for you to drive.
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8. Plaintiff reminded Mr. Tweety of his Right to Due Process and requested a good
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cause for denial. Mr. Tweety stated that license is a Contractual Agreement
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(without any explanation). Mr. Tweety also said, there is no Due Process
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available for denial of driving license.
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9. On or around March 23, 2012 Mr. Tweety called plaintiff. Mr. Tweety mentioned
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that he was out to another facility that morning. Mr .Tweety stated that some of
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the information relevant to non-renewal of plaintiffs license does not seem to
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align. Mr. Tweety asked plaintiff to come to DMV office in Sacramento.
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A. DMVs Demand for Reexamination - Mar 26, 2012
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10. On or around March 26, 2012, Plaintiff went to the DMV office in Sacramento,
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California and was asked to meet a senior DMV officer Darryl Mickens. The
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DMV demanded written test, Driving test and that plaintiff provide complete
information on a five page pre typed Driver Medical Evaluation Form (Exhibit).
Title of that Medical Form is All Medical Conditions. On that form DMV
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demanded
Medical,
Psychological,
Neurological,
Drug
addition,
alcohol
addiction, chemical and blood tests.

11. The DMVs Medical Form mandates authorization (P1) that stated;
I hereby authorize my medical professional or hospital to answer any questions
from the Department of Motor Vehicles, or its employees, relating to my physical,
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or mental conditions, and/or drug and/or alcohol use, and to release any related
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information or records to the Departmental of Motor Vehicles or its employees.
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Any expenses involved is to be charged to me and not to the Department of Motor
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Vehicles.
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and
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I hereby authorize the Department of Motor Vehicles to receive any information
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relating to my physical or mental condition, and/or drug and/or alcohol use or
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abuse, and to use the same in determining whether I have the ability to operate
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motor vehicles safely.
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12. On the Medical form (P2), the DMV stated misleading and suggestive
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instructions to the Medical Professionals that stated;
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The Department of Motor Vehicles record indicate your patient may have a
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condition that could affect the safe operation of a motor vehicle. . With your
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assistance, the department hopes to resolve the matter with a minimum of

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inconvenience to all concerned Your experience and knowledge of the patients
condition, result of medical examinations and treatment plans, will be of great
value in assisting the department to determine a proper licensing decision.
13. Not only the instructions, but also the questions on the Medical Evaluation
Form are also misleading; e.g. Question 8 Levels of Functional Impairment
has only three checkboxes, i) Mild, ii) Moderate and iii) Severe. There is no check
box labeled None where a doctor could indicate that a patient does not have
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any functional impairment.
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14. Plaintiff requested hearing to determine if there is a good cause for
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Reexamination. The DMV denied the request. Further, the DMV officer stated
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that even if you successfully complete Reexamination, the DMV is not required
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to issue driving license.
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15. Further, the DMV demands Reexamination at plaintiffs expense that could cost
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tens of thousand dollars or more. The DMVs demand for Reexamination at
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plaintiffs expense places an additional unbearable burden on plaintiff.
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B. The DMVs Arbitrary Order to Suspend Driving License - Mar 27, 2012
16. On March 28, 2012 plaintiff received an Order dated March 27, 2012 suspending
his Driving License. In that order, the DMV checked two check boxes;
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No Action is warranted at this time.
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The suspension of your driving privileges effective February 25, 2012 shall
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remain in affect until successful completion of reexamination process.
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17. In its order, the DMV did not state any reason at all for Driving License
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Suspension and indefinitely suspended plaintiffs Driving License

18. The DMV officers are untrained on availability of procedural or substantive
Due process in California, and availability of Rights of American people such as
right to travel or right to interstate travel, right to work, pursuit of happiness.
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C. The DMVs Verbal Demand for Medical Examination Sep 06, 2014
19. Plaintiff applied for renewal of California Identification Card. The DMV office
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again asked that plaintiff complete a five page form (exhibit). On that day, the
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DMV denied renewal of plaintiffs identity card.
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IV.
ARGUMENTS
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A. Demand for Medical Exams Constitutes Unreasonable Searches
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20. The DMVs arbitrary demand for Medical, Psychological, Neurological, Drug,
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Alcohol related records, chemical and blood tests is intrusive, invades privacy,
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and invades body integrity. The DMVs demand for Reexamination constitutes
unreasonable searches in violation of Fourth, and Fifth Amendment.
21. Implicit in the Fourth Amendment's protection from unreasonable searches and
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seizures is its recognition of individual freedom. That safeguard has been
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declared to be "as of the very essence of constitutional liberty" the guaranty of
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which "is as important and as imperative as are the guaranties of the other
fundamental rights of the individual citizen ... Ker v. California, 374 US 23
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(1963).
22. Likewise the Fourth Amendment recognizes that right when it guarantees the
right of the people to be secure "in their persons."
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That Amendment expressly provides that "[t]he right of the people to be

secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated . . . ." (Emphasis added.) It
could not reasonably be argued, and indeed respondent does not argue,
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that the administration of the blood test in this case was free of the
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constraints of the Fourth Amendment. Such testing procedures plainly
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constitute searches of "persons," and depend antecedently upon seizures of
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"persons," within the meaning of that Amendment. Schmerber v
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California, 384 US 757 (1966)
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23. The values protected by the Fourth Amendment thus substantially overlap those
the Fifth Amendment helps to protect.
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Thus, the Fifth Amendment marks "a zone of privacy" which the
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Government may not force a person to surrender. Likewise the Fourth
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Amendment recognizes that right when it guarantees the right of the people
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to be secure "in their persons." Ibid. No clearer invasion of this right of
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privacy can be imagined than forcible bloodletting of the kind involved
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here. Schmerber v California, 384 US 757 (1966)

"To compel a person to submit to testing [by lie detectors for example] in which
an effort will be made to determine his guilt or innocence on the basis of
physiological responses, whether willed or not, is to evoke the spirit and
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history of the Fifth Amendment. Such situations call to mind the principle
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that the protection of the privilege `is as broad as the mischief against which it
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seeks to guard.' Counselman v. Hitchchock, 142 U.S. 547 (1892)
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B. DMVs and County Courts Records are inconsistent or Perjured
24. DMV submitted a declaration titled Second Declaration of Shannon Robbins
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(exhibits- submitted Aug 06, 2014- District Court Docket#40). Without alleging
additional accusation of Lack of Knowledge or skill, and without demanding
Reexamination,; that declaration stated ;
1. Im a senior legal analyst at the Department of Motor Vehicels.
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2. I retrieved plaintiff Rehan Sheikh driving record using California
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Department of Motor Vehicles (DMV) computer system. Plaintiff's
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driving record contains information regarding his traffic citation,
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conviction, and fine payment history as reported by law enforcement

agencies and California Superior Courts.
3. As of August 6, 2014, Plaintiff's driving record shows that he has not
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paid his fine for his August 11, 20111Taffic citation (No. i\158647),
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and that he has not appeared in the San Joaquin County Superior
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Court on his February 16,2012 traffic citation (No. A156283).
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4. When Plaintiff pays his traffic 1ine and when he appears in court, the
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San Joaquin County Superior Court -will notify the DMV and
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Plaintiffs driving record will be updated to reflect Plaintiff's fine
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payment and court appearance.
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5. I declare under penalty of perjury under the laws of the United States
of America and the State of California that the foregoing is true and
correct and that this declaration was executed on August 6, 2014, at
Sacramento, California.
25. The DMV and the Department of Justice issued the following letters (exhibit);
a. May 6, 2014
- Jennifer Berry, Assistant Chief County, DMV
b. April 25, 2014 - Thomas Laughter, Manager DMV

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c. July 14, 2014 - Matthew Besmer DAG Department of Justice
The above referenced three letters, without alleging additional accusation of
Lack of Knowledge or skill, arbitrarily demanded Reexamination and alleged
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the following two accusations;

i. Failure to Appear (FTA)
ii. Failure to Pay (FTP)
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26. Recently plaintiff accidently received a copy of the Public record and the DMV
report (exhibit) where the DMV alleged three accusations;
i.
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ii.
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iii.
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Failure to Appear (FTA)

Failure to Pay (FTP) or unpaid fine
Lack of Knowledge or skill
27. Plaintiff wrote a letter dated July 31 (docket 21-2) , The letter stated,
In the above referenced matter, the Driving License Records show an
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accusation of Lack of knowledge or skills. When the DMV published those
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accusations?
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Defendants have yet to respond.

28. Even before any judicial finding, the DMV published all the above referenced
accusations including Lack of Knowledge or skill on its public reports to auto
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insurance corporations. As a result, most reputable providers denied insurance
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or quoted significantly higher premiums making insurance more expensive.
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C. Like Medical Board, DMV should Grant hearing on alleged

Failure to Pay
29. When a physician is accused of FTP state or federal tax, the office of California
Attorney General prepares allegations and a physician has an opportunity of a
hearing first before a Medical Board Judge and then a second hearing before
Members of the Medical Board. The Rights embedded in the Driving License also
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deserves a procedural protection of a hearing before neutral hearing officers.
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D. Burden of Proof Driving License and Physicians License

30. On June 16, 2015 Ms. Cassandra Hockenson, Public Affairs Manager of
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California Medical Board attended a Fraud Prevention workshop at George Sims
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Community Center, Sacramento California. In her presentation, Ms. Cassandra
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stated that the Board has Burden of Proof to suspend a license and the Burden
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was higher than the civil cases. She mentioned that (evidentiary) standard is 60-
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70%. Such a process, if practiced, could potentially reduce risk of erroneous

deprivation.
31. The DMV also Burden to prove its accusations for suspension of Driving License.
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If DMV alleges that a Driver did not appear before a third party, the DMV must
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prove its accusations and their relevance. This is the process widely accepted in
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modern civilized countries. In order to deceptively shift its Burden of Proof,
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defendants demand that plaintiff provide a proof of attendance at county court.
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32. The charter of Magna Carta affirmed judicial principles. In order to (re)affirm
such principles of liberty, in July 2015, California Assembly passed Resolution
ACR 76 -800th Anniversary of Magna Carta. (Bill Analysis 1).
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E. Right to Hearing on Suspension of License
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33. The principle was correctly affirmed by California Senator Darrell Steinberg -
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Innocent until Proven Guilty in the matter of license suspension (video link2):
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Not trying to expel (a senator) because he is not tried yet and under our
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system of justice one is considered innocent until proven guilty.

[Citing another example] Senator Steinberg said,
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Senator was tried and convicted by Jury of his peers but he still has Right to
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appeal. To expel them, you have to give them a last hearing before a Judge.
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California Senator Darrell Steinberg - Right to Hearing
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F. Dispersal of Power; Justice Scalia emphasized on Structure of the
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Constitution
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34. DMVs argument to suspend driving license for an alleged Police Order, without
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Due Diligence by DMV, would undermine our system of checks and balances.
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35. Now this is a judicial fact that California Police issue tickets and random orders
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Bill Analysis of ACR 76 800th Anniversary of Magna Carta

http://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201520160ACR76
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ex California Senator Darrell Steinberg Innocent until proven Guilty

https://www.youtube.com/watch?v=QJrYJGP2fVY
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regardless of merit (quota). This was recently echoed at Eastern District of
California (June 2015). While driving his car, an old ex cop Mr. Orr was
mistreated by police, wrongfully accused of DUI, wrongfully jailed for 14 hours
and finally police demanded that the DMV revoke his driving license. In that
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matter involving officer Orr the documents were presented showing that police
has a quota to issue citations.
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That is terrible, U.S. District Judge William B. Shubb said. I would
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think that the CHP should be ashamed of that document.
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36. In order to prevent erroneous deprivation, the DMV can perform its own Due
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Diligence before suspending License. Justice Antonin Scalia - Structure of
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Constitution categorically emphasized the importance of preventing
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centralization of power; even more important than the Bill of Rights itself.
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The genius of the American constitutional system is the dispersal of power,
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he said. Once power is centralized in one person, or one part [of government],
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a Bill of Rights is just words on paper.
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G. Suspension of Driving License for FTA and FTP is without
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Justification and does not make roads Safer
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37. Late night TV host John Oliver presented an 18 minute episode including a brief
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section on suspension of driving license for Failure to Pay; (video link 3);
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John Oliver Revoking License for Failure to Pay Series of clips
https://www.youtube.com/watch?v=ry9EM61aKCM&list=PLcmwDdyPFLQ-o8QuUip_p4RhFH0bdfnjR&index=1

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If you loose driving license, it affects every thing. Most American drive to work
and if you cannot do that you got a problem. John Oliver cited a a particular
survey that found that 64% of the people who lost driving license lost their job
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which does not help anyone. You need them to pay their fine but you are
taking away their means of paying it. That is the most self defeating idea
since
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38. The Courts have eliminated barriers on licenses in this New Era.
In Arizona Dream Act Coalition v Brewer, 757 F.3d 1053 (9th Cir. 2014),
the Court considered fundamental Rights, irreparable harm and eliminated
state law barriers on driving license.
In re Garcia, 315 P. 3d 117 (California Supreme Court, 2014), the
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Supreme Court of California eliminated barriers on Attorneys license. There
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were questions of incorrectly completing the application form, lack of Social
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Security number and lack of documentation. The Court granted license. The
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Court noted this is a case of first impression, as we are not aware of any other jurisdiction
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that has ever knowingly admitted an undocumented alien to the practice of law.
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In Perry v. Brown, 671 F. 3d 1052 (9th Circuit 2012), this Court

eliminated barriers on marriage license and noted;
The People may not employ the initiative power to single out a disfavored
group for unequal treatment and strip them, without a legitimate
justification, of a right as important as the right to marry.
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John Oliver - Brief version (29 seconds)

https://www.youtube.com/watch?v=ry9EM61aKCM

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39. DMVs singles out driver based on drivers ability to pay. DMV singled out
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plaintiff potentially for mismatched documents. Such minor undocumented
status cannot be a barrier to plaintiffs driving license.
40. Actually state would gain significantly more in taxes by issuing driving license
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which benefits state economies rather than denying license for failure or
inability to pay. Recently, California filed An Amicus Brief that stated;
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When immigrants are able to work legallyeven for a limited timetheir
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wages increase, they seek work compatible with their skill level, and they
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enhance their skills to obtain higher wages, all of which benefits State
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economies by increasing income and growing the tax base.
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Brief of Amicus States dated Mar 12, 2015 (P5-line 1) State of Texas v
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United States 5th Circuit - Case No; 15-40238
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41. Criteria for driving license is ability to safely drive car. California issued license
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to illegal or undocumented aliens who didnt appear before united states
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authorities and didnt pay. California Assembly Bill 60 (2013) eliminated
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numerous barriers and promoted safe driving by issuing licenses. (Analysis4).
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42. In Driver handbook (P1), Mr. Kelly listed criteria of safe driving that stated;
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California is safer when all motorists pass written and driving tests and
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obtain proof of insurance and a driver license.
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AB 60 Analysis
http://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201320140AB60
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H. Due Process Clause(s) Mandate a Notice

43. The DMV did not issue any Notice or any letter to plaintiff that stated Lack of
Knowledge or skill. The DMV did not issue any Notice that alleged Failure to
Appear (FTA) or Failure to Pay (FTP). The DMV did not issue any Notice at all.
For lack of written Notice of Accusation and for lack of hearing, plaintiff has no
opportunity to contest accusation.
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44. The bare minimum requirement of the Due Process clause mandates that the
DMV issue written Notice of all of its accusations.
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Many controversies have raged about the cryptic and abstract words of the
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Due Process Clause but there can be no doubt that at a minimum they require
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that deprivation of life, liberty or property by adjudication be preceded by
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notice and opportunity for hearing appropriate to the nature of the case.
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Mullane, Special Guardian, v. Central Hanover Bank & Trust Co., Trustee, et
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al. 339 U.S. 306 (1950)
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45. The Notice of accusations is not a mere gesture and must reasonably inform
plaintiff of the pendency of an action and an opportunity to present objections.
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An elementary and fundamental requirement of due process in any
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proceeding which is to be accorded finality is notice reasonably calculated,
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under all the circumstances, to apprise interested parties of the pendency of
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the action and afford them an opportunity to present their
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objections.(citations omitted). The notice must be of such nature as
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reasonably to convey the required information, and it must afford a
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reasonable time for those interested to make their appearance, "The

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criterion is not the possibility of conceivable injury but the just and
reasonable character of the requirements, having reference to the subject
with which the statute deals." But when notice is a person's due, process
which is a mere gesture is not due process. Mullane, Special Guardian, v.
Central Hanover Bank & Trust Co., Trustee, et al. 339 U.S. 306 (1950)
46. The DMV suspended plaintiffs Driving License, published its accusations on its
public report without a Notice and without any hearing causing undue injury.
10
The DMV continues to suspend plaintiffs driving license since 2011. On such a
11
matter involving 10 day suspension the Supreme Court noted;
12
Where a person's good name, reputation, honor, or integrity is at stake
13
because of what the government is doing to him," the minimal
14
requirements of the Clause must be satisfied (citations omitted). School
15
authorities here suspended [student] from school for periods of up to 10
16
days based on charges of misconduct. If sustained and recorded, those
17
charges could seriously damage the students' standing with their fellow
18
pupils and their teachers as well as interfere with later opportunities for
19
20
21
higher education and employment. It is apparent that the claimed right of

the State to determine unilaterally and without process whether that
misconduct has occurred immediately collides with the requirements of
the Constitution. Goss et al. v. Lopez et al. 419 U.S. 565 (1975)
22
47. Plaintiff is improperly deprived of his Driving License in violation of the Due
23
Process Clause(s). "[T]he Due Process Clause of the Fourteenth Amendment was
24
25
intended to prevent government `from abusing [its] power, or employing it as an
26
instrument of oppression. (citations omitted) Collins v. City of Harker Heights,
27
503 U.S. 115 (1992). Protection of individuals against arbitrary government
28
P a g e | 16
1
2
3
action is the great purpose of this clause. Wilwording v. Swenson, 502 F.2d 844,
(8th Cir. 1974).
5
6
7
48. The DMVs order to suspend Driving license is arbitrary, capricious, vague
atrocious and shocks the conscious. In Bixby v. Pierno, 481 P. 2d 242, 4 Cal.3d
130, 151 (California Supreme Court, 1971) the Court characterized as arbitrary
and capricious any administrative decision which has no reasonable basis
10
in law or no substantial basis in fact.
11
12
13
14
I. Plaintiff has established irreparable harm

49. Irreparable harm is traditionally defined as harm for which there is no adequate
15
legal remedy, such as an award of damages. See Rent-A-Ctr., Inc. v. Canyon
16
Television & Appliance Rental, Inc., 944 F.2d 597, 603 (9th Cir. 1991). Because
17
intangible injuries generally lack an adequate legal remedy, intangible injuries
18
[may] qualify as irreparable harm. Id.
19
20
50. Plaintiffs Constitutional Right to liberty, interstate travel, and Right to pursuit
21
of happiness depend on his Driving License. Deprivation of plaintiffs Driving
22
License is not accompanied by constitutionally mandated procedural protection.
23
Defendants violation of Plaintiffs constitutional rights, alone, constitutes an
24
25
irreparable injury.
26
51. Plaintiff risks harm from potential prosecution for Driving without a Driving
27
License. It is well settled that risk of prosecution is sufficient to establish
28
P a g e | 17
1
2
3
irreparable injury. See Wooley v. Maynard, 430 U.S. 705, 712 (1977) (holding
that plaintiffs had demonstrated harms sufficient to justify injunctive relief to
redress threat of prosecution for use of automobile). Plaintiff risks prosecution
6
7
merely for driving to a grocery store. In 2012 California police took plaintiffs
car and never returned. California police arrested plaintiff and deprived him of
food and insulin. Plaintiff risks prosecution merely for driving to a doctors office
10
11
12
13
for a medical examination or risks his health for not doing so.
52. Courts have long recognized that the ability to work often depends on the ability
to drive. Bell v. Burson, 402 U.S. 535, 539 (1971) (noting that possession [of a
14
drivers license] may become essential in the pursuit of a livelihood). Plaintiff is
15
an engineer in the fields of software and internet engineering and worked in the
16
San Francisco bay area. Now Plaintiff cannot even attempt to find work for lack
17
of Driving License.
18
19
53. In Arizona Dream Act Coalition v Brewer, 757 F.3d 1053 (2014), the Court
20
considered irreparable and granted injunction. The Court noted that plaintiff
21
were likely to suffer irreparable harm unless defendants policy was enjoined,
22
and that both the balance of equities and the public interest favored an
23
injunction.
24
25
This Court also noted;
26
The irreparable nature of Plaintiffs' injury is heightened by Plaintiffs' young
27
age and fragile socioeconomic position. Setbacks early in their careers are
28
likely to haunt Plaintiffs for the rest of their lives. Thus, "a delay, even if only
P a g e | 18
1
2
3
a few months, pending trial represents ... productive time irretrievably lost" to
these young Plaintiffs. Chalk 840 F.2d 701 (1988). Plaintiffs' entire careers
may be constrained by professional opportunities they are denied today.

And
6
7
There can be no serious dispute that Defendants' policy hinders Plaintiffs'
ability to drive, and that this (in turn) hinders Plaintiffs' ability to work and
engage in other everyday activities. No award of damages can compensate

Plaintiffs' for the myriad personal and professional harms caused by their
10
inability to obtain driver's licenses. Thus, Plaintiffs are likely to suffer
11
irreparable harm in the absence of an injunction.
12
13
14
15
16
17
18
19
20
21
V.
PRAYER
54. Plaintiff respectfully Prays before the Ninth Circuit Court of Appeals that;
a. The DMV arbitrary demand for Reexamination constituted violation of
Fourth, Fifth and Fourteenth Amendments.
b. The Court invalidate DMVs Orders of Suspension and issue an Injunction
to restore plaintiffs driving license.
c. The Court grant any other relief available at the discretion of the Court.
Respectfully Submitted;
22
23
24
/s/ Rehan Sheikh
25
---------------------------------Rehan Sheikh
26
27
Date: September 30, 2015
Plaintiff
28
P a g e | 19
Anonymous & unsigned

Order of Suspension
Dec 5, 2011
EXHIBIT

Stiltll of California
Businllss, Trilnsportation. and Housing Agllncy
DEPARTMENT OF MOTOR VEHICLES

LICENSING OPERATIONS DIVISION
P,O. lOX 942890, HAIL STATION J-233
SACRAHENTO, CA. 94290-0001
(916) 657-6525
DEC 05# 2011
ORDER OF SUSPENSION
PLEASE SHOW THIS NUHBER ON
YOUR CORRESIP'ONDENCE
08981120511D3024994SHEOI0412
REHAN AVVUB SHEIKH
1219 W EL MONTE ST
STOCKTON, CALIFORNIA 95207
DRIVERS LICENSE NO, D
YOUR DRIVING PRIVILEGE IS SUSPENDED AS OF JAN 04, 2012.
THIS ACTION IS BEING TAKEN UNDER THE AUTHORITV OF SECTION 13365 OF THE VEHICLE CODE (V.C.)
BECAUSE YOU VIOLATED YOUR WRITTEN PROMISE TO APPEAR ANDIOR YOU FAILED TO PAY A FINE
PURSUANT TO SECTION 42003(A) V.C. (SEE ENCLOSED LETTER).
THE SUSPENSION WILL REMAIN IN EFFECT UNTIL ALL FAILURES-TO-'APPEAR (FTA'S) AND FAILURES-TO
PAY-A-FINE PURSUANT TO SECTION 42003(A) HAVE BEEN REMOVED FROM YOUR RECORD,
YOU MUST SURRENDER ANY DRIVER LICENSE IN YOUR POSSESSION. NOT DOING THIS IS A MISDEMEANOR
(SECTION 14610 V.C,). YOU MAV APPLY FOR AN IDENTIFICATION (I.D.) CARD AT ANV DMV OFFICE.
YOUR VEHICLE CAN BE IMPOUNDED AND MAY BE SOLD IF YOU DRIVE WHILE UNLICENSED, SUSPENDED OR
REVOKED, IN VIOLATION OF A RESTRICTION REQUIRING USE OF A COURT-ORDERED IGNITION INTERLOCK
DEVICE (lID), OR AFTER REFUSING TO OBEY THE LAWFUL ORDER OF A PEACE OFFICER, OR WHILE
ATTEMPTING TO EVADE A PEACE OFFICER. CONVICTION CAN MEAN JAIL, A FII~E OR INSTALLATION OF
AN lID IF YOU DO NOT HAVE ONE.
BEFORE A LICENSE CAN BE ISSUED OR RETURNED, A REISSUE FEE OF $ 55 IS DUE (SECTIONS 14904
14906 V.C,), PLEASE INCLUDE YOUR DRIVER LICENSE NUMBER OR FILE NUMBER WITH YOUR PAYMENT.
DEPARTMENT OF MOTOR VEHICLES
ENCLOSURES
March 27, 2012

DMVs Arbitrary Order of Suspension
EXHIBIT
March 26, 2012

DRIVER MEDICAL EVALUATION
ANY AND ALL MEDICAL CONDITIONS
EXHIBIT
September 6, 2014
DRIVER MEDICAL EVALUATION
EXHIBIT
DMV Public Record

showing Additional Accusations of
Lack of Knowledge or Skills
without any Notice to Plaintiff
EXHIBIT
1 of 2

CALIFORNIA DEPARTMENT OF MOTOR VEHICLES
***CUSTOMER RECEIPT COPY***
DRIVER LICENSE/IDENTIFICATION CARD
INFORMATION REQUEST
07/23/2015
"
DATE:07-23-15*TIME:10:19*
DL/NO:D3
B/D:
*NAME:SHEIKH,REHAN AYYUB*
RES ADD AS OF 11-07-14:1219 W EL MONTE ST, STOCKTON 95207*
OTH ADD AS OF 01-09-07:500 W HOSPITAL RD, FRENCH CAMP*
IDENTIFYING INFORMATION:
SEX:MALE*HAIR:
ID CARD MLD:11-18-14* EXP:01-09-20*
LIC/ISS:01-09-07* EXP:01-09-12*RBMS*CLASS:C NON-COMMERCIAL*
HEALTH QUESTIONNAIRE EXPIRES:NONE*
LICENSE STATUS:
SUSPENDED OR REVOKED*
"
DEPARTMENTAL ACTIONS:
DRV LIC SUSPENDED*EFF:02-25-12*ORDER MAILED:02-16-12*
AUTH:12819 *
REASON:LACK OF KNOWLEDGE OR SKILL*SERVICE:J/02-25-12*
AUTH:13365 *
REASON:FAIL TO APPEAR NOTICE*SERVICE:M/09-16-14*
CONVICTIONS:
VIOL/DT CONV/DT SEC/VIOL DKT/NO DISP COURT VEH/LIC
08-11-11 05-23-12 22450 VC A158647 39460 5XOD646
405095 VC
*FAILURE TO PAY FINE
UPDATED:09-17-12*
"
FAILURES TO APPEAR:
VIOL/DT SEC/VIOL DKT/NO COURT VEH/LIC
02-16-12 14601A VC A156283 39460 5WAV921
16028A VC
21453A VC
21453A VC
21703 VC
21806A VC
2 of 2

22350 VC
UPDATED:05-03-12*
ACCIDENTS:
NONE*
END
514/2015
PrintDktEntry: 28-6, Page 4 of 8

Case: 14-16858, 09/30/2015, ID:Assessmanl
9703104,
Page 1 of 1
Copyright 20131<:12 Inc. All nYolts resen.ed.
1I0st Used
Online
Hill Code
Type
Activity Check
Reference:
Start Date:
End
Weight
Height
MALE
BLACK
SHEIKII, RbilAN A YYlJB
Name:
Address:
New MVR
Sex:
Lyes
llair:
DJ
License:
Dale
MVR:
DO[3:
Iss Datc 01/09/2007
L:xp Date: 01/0912012
1651bs.
5' I0"
BLACK
46
Age:
STATUS: SEI BELOW
Approx. Ycar Lie. First Issued: 2000
Failures To Appear
Vio) a tiOIlS/Coll victio liS
Seq #: II
Order Date: 05/01/2015
CALII'ORNIA Oriver Record - IlS168
A\:cidents
rVPE
VIOL
CONV
ACD
,\VI)
VIC
FoeA nON
nCKFI
I'LATE
elflS
OB!II!20 II
osm12012
M"
MAl)
224,1) STOP SIGNFAILURE TO STOI' AT LIMn
STO(,KT()~
AI58M7
\X()[)(,46 I
FTA
02/1oi2012
STOCKTON
A I 5628]
5WAV921
[)['SCRIPTlON
0,10
UE",
405t)!):'
B2fl
DB09
FTA
B74
DEO)
Fl"A
MI6
MAI6
WIlILE LICENSE SUSPEt-iDED OR

1602M J'AlL TO SHOW EVIDENCF OF FR
21153;\ REll OR STOP, VEIHCLE MUS r STOI' AI I
FIA
MI6
MA H,
21453A RED OR STOP, VEIIiCLE MUST STOP AT I.
FTA
MJ4
MI.[)~
21701
ITA
NU4
M("04
21806A I AlLURE TO YIELD ro EMERGENCY VFIl
FTA
S94
SA02
2:!])O
~OTICE
TO D!V1V-FA1LL'RE TO APPEAR
1,1601/\ DRIVING
P"j
N
N
IOLl.OWING TOO CLOSEl.Y
L'NSAFE ,I'D rOR Ct)eJ[)IIIO:-<S
SUS I)e II sio II s/Re\'oca t ion s

-Ie IIO\;,
OIWIHII,
III;IH II
(II.-IHIHII
I :--'[),IHrt.
02!2~!20 I',:
;LSPEK~IOl\
CODE
A \D
DESCRlI'110"
241
VG09
l.AO. OF K>iUWLEllUE OR SKiLl
<iJ8
[1002
FAILURE TO APPEAR ~lJTlCE
.. WRITIEN NOTH"!' SERVED BY OITICIR
,,;uSPl=.NSlON
lO/23J20 12
11/22/2012
.. VERBAL \01 1("1e
IlOCI..'\1E~T
ON I'll E
Lkcnsc and Permit Information

Ltccnse: PU\SONAL
Issue: 01/0912007
Expire: Oll09f2012
Status:
SUSPENI)I;()
S'lJ',~I)I;N'I)I':I)
,_.
Class: ('
NO"l-COMMERClAL
I.iews\: Status b.planatilln: MANDA lORY SUSP/REVK
I.icensc Status Explanatioll: D1SCIUTIONAR Y SUSPIREVK
License IDENTIFICATION Issue: 11118/2014
Expire: 0110912020 Stalus VALID
Class:
REGULAR
.vlisccllallcous Stllte Data
SUBJECT HAS RECEIVED A SfATEMENT OF ELIGIBILITY FOR RLNLWAI. flY MAli
Till:, "'CI~NSf:' NUMBER OF TIIl~ SLJ13JL':CT ABOVE WAS ClII:CKED FOR CllANeiLS OR EVE"lTS I'OSTI:I) TO Till
DRIVING RECOR!) SINCl: TilE I.AST MVR WAS ORDERED.
CHANGES OR EVENTS HA VI: BEEN REPORTED.
CHANGES OR EVENTS THAT TRIGGER AN MVR ORDER CAN INCLUDE, BUT MA Y NOT BE LIMITED TO CUNVICTIONS,
ACClDENTS, SUSPENSIONS, OR REVOCATIONS.
CONFIDENTIAL INFORMATION - TO IlE USED AS PER STATE AND FEDERAL LAWS.

MISUSI:: MA Y RESULT IN A CRIMINAl. I'ROSEC\ ITION
END OF REPORT FOR SHEIKH, REHAN II ,{YUH
(CONTROl, NUMBER 3DITBI)
DUPLICATE COPY
without highlighting records
DMV Public Record

showing Additional Accusations of
Lack of Knowledge or Skills
without any Notice to Plaintiff
EXHIBIT
1 of 2

CALIFORNIA DEPARTMENT OF MOTOR VEHICLES
***CUSTOMER RECEIPT COPY***
DRIVER LICENSE/IDENTIFICATION CARD
INFORMATION REQUEST
07/23/2015
"
DATE:07-23-15*TIME:10:19*
DL/NO:D3
B/D:
*NAME:SHEIKH,REHAN AYYUB*
RES ADD AS OF 11-07-14:1219 W EL MONTE ST, STOCKTON 95207*
OTH ADD AS OF 01-09-07:500 W HOSPITAL RD, FRENCH CAMP*
IDENTIFYING INFORMATION:
SEX:MALE*HAIR:
ID CARD MLD:11-18-14* EXP:01-09-20*
LIC/ISS:01-09-07* EXP:01-09-12*RBMS*CLASS:C NON-COMMERCIAL*
HEALTH QUESTIONNAIRE EXPIRES:NONE*
LICENSE STATUS:
SUSPENDED OR REVOKED*
"
DEPARTMENTAL ACTIONS:
AUTH:12819 *
REASON:LACK OF KNOWLEDGE OR SKILL*SERVICE:J/02-25-12*
AUTH:13365 *
REASON:FAIL TO APPEAR NOTICE*SERVICE:M/09-16-14*
CONVICTIONS:
VIOL/DT CONV/DT SEC/VIOL DKT/NO DISP COURT VEH/LIC
08-11-11 05-23-12 22450 VC A158647 39460 5XOD646
405095 VC
*FAILURE TO PAY FINE
UPDATED:09-17-12*
"
FAILURES TO APPEAR:
VIOL/DT SEC/VIOL DKT/NO COURT VEH/LIC
02-16-12 14601A VC A156283 39460 5WAV921
16028A VC
21453A VC
21453A VC
21703 VC
21806A VC
2 of 2

22350 VC
UPDATED:05-03-12*
ACCIDENTS:
NONE*
END
514/2015
PrintDktEntry: 28-6, Page 8 of 8

Case: 14-16858, 09/30/2015, ID:Assessmanl
9703104,
Page 1 of 1
Copyright 20131<:12 Inc. All nYolts resen.ed.
1I0st Used
Online
Hill Code
Type
Activity Check
Reference:
Start Date:
End
Weight
Height
MALE
BLACK
SHEIKII, RbilAN A YYlJB
Name:
Address:
New MVR
Sex:
Lyes
llair:
DJ
License:
Dale
MVR:
DO[3:
Iss Datc 01/09/2007
L:xp Date: 01/0912012
1651bs.
5' I0"
BLACK
46
Age:
STATUS: SEI BELOW
Approx. Ycar Lie. First Issued: 2000
Failures To Appear
Vio) a tiOIlS/Coll victio liS
Seq #: II
Order Date: 05/01/2015
CALII'ORNIA Oriver Record - IlS168
A\:cidents
rVPE
VIOL
CONV
ACD
,\VI)
VIC
FoeA nON
nCKFI
I'LATE
elflS
OB!II!20 II
osm12012
M"
MAl)
224,1) STOP SIGNFAILURE TO STOI' AT LIMn
STO(,KT()~
AI58M7
\X()[)(,46 I
FTA
02/1oi2012
STOCKTON
A I 5628]
5WAV921
[)['SCRIPTlON
0,10
UE",
405t)!):'
B2fl
DB09
FTA
B74
DEO)
Fl"A
MI6
MAI6
WIlILE LICENSE SUSPEt-iDED OR

1602M J'AlL TO SHOW EVIDENCF OF FR
21153;\ REll OR STOP, VEIHCLE MUS r STOI' AI I
FIA
MI6
MA H,
21453A RED OR STOP, VEIIiCLE MUST STOP AT I.
FTA
MJ4
MI.[)~
21701
ITA
NU4
M("04
21806A I AlLURE TO YIELD ro EMERGENCY VFIl
FTA
S94
SA02
2:!])O
~OTICE
TO D!V1V-FA1LL'RE TO APPEAR
1,1601/\ DRIVING
P"j
N
N
IOLl.OWING TOO CLOSEl.Y
L'NSAFE ,I'D rOR Ct)eJ[)IIIO:-<S
SUS I)e II sio II s/Re\'oca t ion s

-Ie IIO\;,
OIWIHII,
III;IH II
(II.-IHIHII
I :--'[),IHrt.
02!2~!20 I',:
;LSPEK~IOl\
CODE
A \D
DESCRlI'110"
241
VG09
l.AO. OF K>iUWLEllUE OR SKiLl
<iJ8
[1002
FAILURE TO APPEAR ~lJTlCE
.. WRITIEN NOTH"!' SERVED BY OITICIR
,,;uSPl=.NSlON
lO/23J20 12
11/22/2012
.. VERBAL \01 1("1e
IlOCI..'\1E~T
ON I'll E
Lkcnsc and Permit Information

Ltccnse: PU\SONAL
Issue: 01/0912007
Expire: Oll09f2012
Status:
SUSPENI)I;()
S'lJ',~I)I;N'I)I':I)
,_.
Class: ('
NO"l-COMMERClAL
I.iews\: Status b.planatilln: MANDA lORY SUSP/REVK
I.icensc Status Explanatioll: D1SCIUTIONAR Y SUSPIREVK
License IDENTIFICATION Issue: 11118/2014
Expire: 0110912020 Stalus VALID
Class:
REGULAR
.vlisccllallcous Stllte Data
SUBJECT HAS RECEIVED A SfATEMENT OF ELIGIBILITY FOR RLNLWAI. flY MAli
Till:, "'CI~NSf:' NUMBER OF TIIl~ SLJ13JL':CT ABOVE WAS ClII:CKED FOR CllANeiLS OR EVE"lTS I'OSTI:I) TO Till
DRIVING RECOR!) SINCl: TilE I.AST MVR WAS ORDERED.
CHANGES OR EVENTS HA VI: BEEN REPORTED.
CHANGES OR EVENTS THAT TRIGGER AN MVR ORDER CAN INCLUDE, BUT MA Y NOT BE LIMITED TO CUNVICTIONS,
ACClDENTS, SUSPENSIONS, OR REVOCATIONS.
CONFIDENTIAL INFORMATION - TO IlE USED AS PER STATE AND FEDERAL LAWS.

MISUSI:: MA Y RESULT IN A CRIMINAl. I'ROSEC\ ITION
END OF REPORT FOR SHEIKH, REHAN II ,{YUH
(CONTROl, NUMBER 3DITBI)
Letters from DMVs

without showing accusations of
Lack of Knowledge or skill
EXHIBIT

Case 2:14-cv-00751-GEB-AC Document 40 Filed 08/06/14 Page 1 of 11
1
2
3
4
5
KAMALA D. HARRIS, State Bar No. 146672

Attorney General of California
SCOTTH. WYCKOFF,StateBarNo.l91367
Supervising Deputy Attorney <G-eneral
MATTHEW T. BESMER, State Bar No. 269138
Deputy Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Telephone: (559) 477-1680
Fax: (559) 445-5106
E-mail: Matiliew.I3esrner@doj.ca.gov
Attorneys for Defendants
7
8
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
II
12
13
14
15
16
17
18
19
RERAN SHEIKH,
2:14-cv-751 GEB AC PS
Plaintiff, SECOND DECLARATION OF SHARON

ROBINSON TN SUPPORT OF MOTION
v.
TO DISMISS FOR MOOTNESS AND
STANDING (RULE 12(b)(l)) AND MOTION
TO DISMISS FOR FAILURE TO STATE A
BRIAN KELLY Secretary, California
CLAIM (RULE 12(b)(6))
State Transportation Agency and Mark
Twecty, Manager, Department of Motor
Vehicles,
August 13,2014
Date:
Time:
10:00 a.m.
26, gth Floor
Courtroom:
Judge:
Honorable Allison Claire
Defendants.
TBA
Trial Date:
1 1 - - - - - - - - - - - - - - - - - . . . J Action Filed: March 24,2014
20
21
I, Sharon Robinson, declare:
22
I.
I am a Senior Legal Analyst at the Department of Motor Vehicles.
23
2.
On At1gust 6, 2014, l retrieved Plaintiff Rehan Sheikh's driving record using the
24
California Department of Motor Vehicle's ("DMV") computer system. Plaintiff's driving record
25
contains information regarding his traffic citation, conviction, and fine payment history as
26
reported by law enforcement agencies and California Superior Courts. Attached as Exhibit 1 is a
27
true m1d correct copy of PlaintiffRehan Sheikh's driving record.
28
I
Second Declaration of Sharon Robinson in Suppmi of Motion to Dismiss for Mootness and Standing (Rule 12(b)(J ))
and Motion to Dismiss for Failure to State a Claim Rule 12(b)(6) (2:14-cv-751 GEB AC PS)

Case 2:14-cv-00751-GEB-AC Document 40 Filed 08/06/14 Page 2 of 11
l
3.
As of August 6, 2014, Plaintiff's driving record shows that he has not paid his fine for
his August 11, 20111Taffic citation (No. i\158647), and that he has not appeared in the San
Joaquin County Superior Court on his February 16,2012 traffic citation (No. A156283).
4.
When Plaintiff pays his traffic 1ine and when he appears in court, the San Joaquin
Counly Superior Court -will notify the DMV and Plaintiffs driving record will be updated to
reflect Plaintiff's fine payment and court appearance.
I declare under penalty ofpet:jury under the laws of the United States of America and the
State of California that the foregoing is true and correct and that this declaration was executed on
August 6, 2014, at Sacramento, Califomia.
\0
1\
\2
js/ Sharon 1Wbinson
Sharon Robinson
Declarant
13
Signature
14
\5
\6
17
SA2014ll5505
95ll392l.doc
\8
19
20
2\
22
23
24
25
26
27
28
2
Second Declaration of Sharon Robinson ln Support of Motion to Dismiss for Moo1ness and Standing (Rule 12(b)(l))
and Molion to Dismiss lOr failure to State a Claim Rule 12(b)(6) (2:14-cv-751 GEB AC PS)

EDMUND
LEGAL OFFICE C128
DEPARTMENT OF MOTOR VEHICL.ES

2415 FIRST AVENUE
PO BOX 932382
SACRAMENTO, CA 942:3238:?0
(916) 6576469
May 6, 2014
Rchan Ayyub Sheikh

] 219 West El Monte StJ'(~Cl
Re:
DL# D3024994
Sheikh v. Kd(v, United States District Courtj(;r the Eastern
l'f' . .
'l 14
( 'r'
I C'J'l"j)
1C" j) ,S-"
(",.,u.lorma
"':.
""I/~
.:, J I..
Dear Mr, Sheikh:

This letter is a follow-up to the April
2014 letter stmt to you by Tom
Manager, Driver Safety Appeals Court Review, You
in your cmnplaint that th(~
Department of Motor Vehicles ("DMV") did not provide you with proper
and hearing
rights before or after your driver's license was suspended, 'I'he D~vlV
with your
allegations, Nevertheless, the DMV is commilted to providing
with an 0PPol1unity to renew
your J icense, This It,tter st'rves as additional notic(;;~ of the grolmds Ibr
1
was
previously suspended, and the steps that you need to take to clear the
license.
FAILllRE TO PAY.,
AlJGlJST 8, 2011 VEHICLE CODE VIOLATIONS
On or abDut August 11,2011, you were cited for Vehid(,' Code violations. You fhilcd to
appear ("FT/\,') in the Stockton Superior Court to address
al
violations.
a result, the
DMV served an Order of Suspension datt~d December 5, 11 which is enclosed as J.':xhibit
'1'his letter nOli tied you that your license \vould be suspended on
20
DMV
served a sccond letter also datcd December 5,
] 1, which is
as Exhibil
sti.lted that the FTA was in reference to Stockton Superior Court d()ck(.~t number
alleged violations of Vehicle: Code sections 16028A, 40508A,
and 40509,5,
January 3, 201 you visited the Stockton DMV branch and inquired about
your driver's license, Y()u were verbally inforlned that you could not rCllcwyour lic(;;,llse bCl'ctLlSe
of the FTA in uccocchmc(;;; with Vehiel\;' Code section 1
You signed
this verbal
notice at 16:49 on January 2012. 'rhis verbal notice is
as Exhibit C
()n
Since then, the DMV s records show that you have clear(~d this FTA 1Lovvcver, the
DMV's records show that you havel1tilcd 10 pay ("F'rp") the
ttl!' your
8,2011,
Vehicle Code violations. Th~., DMV served an Order of Suspension
October
201
f()r this FTP, This Order of Suspension is endosed as Exhibit D, 'I'be
California Relay Telephone Service for the deaf 01 heanng Irnp... tred fWIn TDD Phone,; 1800,'135-2929; front V()I~i:l Ptlones 1 ,80()- -r:>52922
DMVW~ll
A Pu1Jlic Servi(:t/ Agency

Rehan Ayyub Sht,~ikh
Page Two
May 6,2014
letter also dated October 23, 20 I which is enclosed as Exhibit

This
notil1ed you that
the FTP was in reference to Stockton Superior Court docket nwnber A 1
fbI' violations of
Vehicle Code sections
and 40509,5. 'T'he eflectivt' date of suspension for
FTP was
November
12. (S<..~e Exhibit D)
FAILURE TO APPEAR
.FEHRUARY l(), 2012 VF:HICL~: CODE V10l"ATJONS
On or about February 16, 201 you were cited by the Stockton Pol
Department for
DMV's r<..~cords show that you
speeding, traffic light violations and following too closely.
failed 10 appt~ar for this citation. The DMV served an Order of Suspension dated October
20 I which is enclosed as Exhibit D.
DMV served a second letter
dated October
'rhi8 letter nolitied you that you had to clear
FTA with
20 I which is enclosed as Exhibit
for al
,inlatiuns Vehicle Code
the Stockton Superior Court docket number A I
sections 14601A, 21453A, 21703, 22350, 16028A, 21453A, and 1806A 'fhe dfective datc of
suspensi<m for the FTP was November
2012. (Sec Exhibit
According ttl tbl:! DMV's
records, you have not dearl.'.,d this FTA.
FAILllRE TO COMPLETE REKXAMINATION

FEBRUARY 16,2012 VEHICLE CODE VIOLATIONS
On or about r:ebruury 16, 201 you were cited by the Stockton Polk~: I)<;:partment fi.H'
speeding, traftk light violations and following too closely. Because
ubil to
operate a motor vehicle was
into question, the pol
offlc(;~r
you with a Notice of
Priority Reexamination, You had five (5) working days to contact the 10('al Driver
Office
and schedule a reexamination or your driving privilege would
slIsp,;ndt:"d pursuant to Vehicle
1 your driving privikge \vas
f()r
to
Code section 12819. On February
schedule a reexamination. On March 1,
you
the
Drivl.?1'
Ot1ice and scheduled ,-I reexamination for March 26, 2012. You appeared !~)r the I'c(~xalninati()n,
but you refused to participate. The DMV served u letter dated Mar<:h
201 which l10titled
reexamination
you that your license would be suspended pending suecessfhl corn.plction of
process. This leller is cndosed as E':xhibit F.

Rehan Ayyub Sheikh
Page Three
May 6,20[4
CONCLIJSION
In smnrnury, you willnced to do the following to remove the
10 renew your driver's lic(;'nse:
I. Resolve the tint' for the Vehidc Code violations
8,2011. This will need to hi; addresst!d with the Stockton
for suspension
on or about August
2. Resolve the t~li]ure 10 appear l()r the Vehicle Code

on or
about February 16, 201
This will need to be tl.ddressed with the Stock ton Superior Court.
ree~aminminn.
3. Submit to, and successfhlly complete, a

contact the DMV to schedule your reexamination.
4. Pay the applil:able
Please
n~issuance
5. You have not yet completed the application

under Vehi<.:k Code set:lion
12800 to renew your license, which was set to expire on
(),2012. After you r\.?~mlve
the FTP, FTA, and successfully c0l11pk:1t.~ reexamination, you will be requirtd to compJete a
renewal application and pay the renewal fce.
We hope you find this information hdpful in
have any t\uiher questions, you ean contact me at (916)
driving privilege. If you

657~646l).
cc: Matthew 1'. Besmer, Deputy Attorney General, Department of

Stockton Driwr
Sal~~ty
Office
Rehan Sheikh
1219 W El Monte Street, Stockton, CA 95207
Phone 209.475.1263 Email; rehansheikh@yahoo.com
Date: June 20, 2014
Matthew Besmer,
2550 Maripose Mall, Room 5090
Fresno, CA 93721
Matthew.Besmer@doj.ca.gov
Subject:
Letter from DMV dated May 6, 2014

Sheikh v Brian Kelly
Dear Ms. Besmer,

The above referenced letter from the DMV stated,
This is a follow-up to the April 25, 2014 letter sent to you by
Tom Laughter, Manager, Driver Safety Appeals & Court
Review.
Im writing to inform you that I do not recall receiving the letter dated
April 25, 2014. I have called the DMV a couple of times since you are on
vacation. Could you please send me a copy of that letter dated April 25th,
2014.
Respectfully,
Sent via email
Rehan Sheikh
http://www.Physicianforfairness.com
http://www.facebook.com/PhysiciansForFairness

STATE OF CALIFORNIA. BUSINESS, TRANSPORTATION
AND HOUSING AGENCY
EOMUND G. BROWN JR., Governol
DEPARTMENT OF MOTOR VEHlCLES

LICENSING OPERATIONS DIVISION
P.O. BOX 932345
SACRAMENTO, C A 94232-3450
April25,2014
Rehan Ayyub Sheikh

500 W. Hospital Road
French Camp, CA95231
DL#D3024994
Dear Mr. Sheikh,
The Driver Safety Appeals & Court Review Unit would like to provide you with information
regarding the status of your driving privilege and what you need to do in order to clear two
suspensions and renew your California Driver License.
Our records reveal that at 4:49 PM on January 3,2012, you attempted to renew your license at
the Stockton DMV field office; how'ever, you ll'ere informed by the DMV employee that your
driving privilege was being suspended the following day for failing to appear in court regarding
a stop sign citation you received on August 1 1, 201 l. This suspension prevented you from
renewing your license until you had cleared the suspension for failure to appear.
At 8:30 PM on February 76,2072, you were stopped by the Stockton Police Department for
speeding, traffic light violations and following too closely. The police officer also submitted
request for priority reexamination and served you with a notice that you had five (5) working
days to contact the local Driver Safety Office and schedule a reexamination or your driving
privilege would be suspended pursuant to Section 12819 of the Vehicle Code. On February 25,
2012, your driving privilege was suspended for failing to schedule a reexamination. On March
1,2072, you contacted the Sacramento Driver Safety Office and scheduled a reexamination for
March 26,2012 at2:30 PM; however, you failed to appear and the suspension remains in effect.
On November 22,2012, your driving privilege was suspended pursuant to Section 13365 of the
Vehicle Code for failing to appear in court for the traffic citations you received on February 16,
2012. That suspension currently remains in effect.
In order to end the suspensions currently in effect and renew your driving privilege, you will
need to do the following:
(209) 468-2966 and clear the Failure to Appear
(FTA) in corurection with the 0211612012 traffic citation. You will also need to clear a
Failure to Pay Fine (FTP) with the Stockton Superior Court in connection with the stop
sign citation of 08/1 112011.
1) Contact the Stockton Superior Court at
FTA and FTP are cleared with the Stockton Superior Court, you will need to
contact the Stockton Driver Safety Office at QA\ 948-7115 to schedule an interview to
2) Once the
California Relay Telephone Service for the deaf or hearing impaired from TDD Phones: 1-800-735-2929; from Volce Phones: 1-800-735-2922
DL 900 (REV. 122010) WEB NET
A Public Service Agency

discuss the priority reexamination referral of A2l$12012. Part of the interview will involve
a written law test, vision test and drive test; however, these tests can't be administered if
the FTA suspension remains in effect.
The Department of Motor Vehicle's goal is that you be afforded an opportunity to clear these
suspensions, complete the reexamination and renew your California Driver License in order to
drive legally and safely. I hope you find this information helpful in restoring your driving
privilege.
If you have
any further questions, you can contact me at (916) 657-8431.
z//
Sincerely,
THOM'6 LAUGHTER, Manager

Driver Safety Appeals & Court Review
cc: Matthew T. Besmer, Deputy Attorney General, Department of Justice
David P. Harris, Chief Counsel/Deputy Director, Department of Motor Vehicles
Stockton Driver Safety Office
Rehan Sheikh
Phone 209.475.1263 Email; rehansheikh@yahoo.com
Date: July 31, 2015
Matthew Besmer,
Department of Justice
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Matthew.Besmer @doj.ca.gov
Subject:
When the DMV filed the accusations?
Ref:
Sheikh v Brian Kelly (DMV) The Ninth Circuit No. 14 - 16858
Dear Mr. Besmer,

In the above referenced matter, the Driving License Records show an
accusation of Lack of knowledge or skills. When the DMV published those
accusations?
Respectfully,
Rehan Sheikh
2
3
REHAN SHEIKH
1219 W. El Monte Street

Telephone:
(209) 475.1263
rehansheikh@yahoo.com
5
6
UNITED STATES DISTRICT COURT
7
8
EASTERN DISTRICT OF CALIFORNIA
9
SACRAMENTO DIVISION
10
11
12
13
14
15
16
17
18
CASE NO: 2:14 - CV- 751 GEB- AC

REHAN SHEIKH,
Plaintiff,
v.
PLAINTIFFS DECLARATION
Brian Kelly
Secretary, California State Transportation
Agency
Defendant
Mark Tweety,
Manager, Department of Motor Vehicles
Defendant
1. IN SUPPORT OF MOTION FOR

DECLARATORY RELIEF (Docket #33)
2. IN SUPPORT OF REQUEST FOR
ADMISSION (Docket #31)
19
20
21
22
23
24
25
26
1. Im plaintiff in the above referenced complaint. I received an anonymous and unsigned

ORDER OF SUSPESION summarily suspending my driving license dated Dec 05, 2011.
The order cited a Failure to Appear as justification for suspending my license.
2. Between Dec 05, 2011 and March 28, 2012, on three or more occasions, I appeared before
the Department of Motor Vehicles. On each occasion,
a. The DMV did not remove the alleged Failure to Appear.
27
b. The DMV did not give me a proof of my appearance.
28
1
2
3
4
5
3. Between Dec 05, 2011 and February 28, 2012, on two or more occasions, I appeared before
the County of San Joaquin Superior Court. On each occasion,
a. The Court staff (or Court) did not remove the alleged Failure to Appear.
6
b. The Court staff (or Court) did not give me a proof of my appearance.
7
8
9
On my last appearance, the Court staff scheduled a hearing dated February 29, 2012.
4. On or around February 29, I appeared before the Court to address traffic citations dated
10
August 11, 2011 and traffic citations dated Feb 16, 2012.
11
a. The Court scheduled a trial for May 23, 2012.
12
b. The Court did not give me a proof of my appearance.
13
5. On or around May 23, 2012, I appeared before the Court and a bench trial was held to
14
determine whether plaintiff completely stopped on the stop sign near his residence.
15
16
17
18
19
20
a. The Court announced to issue its opinion. I did not receive Courts opinion.
b. The Court did not give me any proof of my appearance.
6. On or around March 6, 2012, I again appeared before the Court to address traffic citations
dated February 16, 2012. The California Department of Justice withdrew its traffic citation.
The Court affixed its Stamp and Signature on the official document. (Exhibit).
21
22
I declare under penalty of perjury under the laws of the United States of America that the forgoing is
23
true to the best of my knowledge and belief.
24
/s/ Rehan Sheikh

----------------------------------
25
26
Date: August 12, 2014
Rehan Sheikh
27
28
PLAINTIFFS DECLARATION (On his Appearances)
Page | 2
Dear Fellow Californian:

Thank you for taking the time to study the 2015 California Driver Handbook.
This handbook will help you on your journey to becoming a iicensed driver
who understands and follows the rules of the road in California.
This year marks the 100th anniversary of the California DMV, which was
created in 1915 under legislation drafted by California State Senator Ernest
Stratton Birdsall. California registered 191,000 vehicles that year, quite large
for that era but miniscule compared to 32 million currently registered vehicles
in California today.
As the DMV moves into its second century of serving the motoring public,
customer service and public safety remain its top priorities. The written driver
license exam is now offered in an automated, touch screen version that reduces
test time and wait time at DMV offices. DMV has also opened new field
offices and extended office hours to serve more new drivers than ever before.
California is safer when all motorists pass written and driving tests and obtain
proof of insurance and a driver license. Your decision to study this handbook
and commit to safe driving is making California a better place for everyone.
Sincerely,
Brian P. Kelly
Secretary
California State Transportation Agency
-1-

Plaintiff's Reply Brief

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Case: 14-16858, 09/30/2015, ID: 9703104, DktEntry: 28-1, Page 1 of 23

FOR THE NINTH CIRCUIT

The DMV continues to Suspend

Magistrate Judge Hon. Allison Claire

District Court: 2: 14 CV- 7 5 1 GEB AC

Case: 14-16858, 09/30/2015, ID: 9703104, DktEntry: 28-1, Page 2 of 23

STATEMENT OF CASES................................................................................................... iii

DMVs Demand for Reexamination - Mar 26, 2012 ................................................... 3

Demand for Medical Exams Constitutes Unreasonable Searches ............................. 6

DMVs and County Courts Records are inconsistent or Perjured ............................. 8

Burden of Proof Driving License and Physicians License ...................................... 10

Right to Hearing on Suspension of License ................................................................... 11

Dispersal of Power; Justice Scalia emphasized on Structure of the Constitution 11

not make roads Safer ..................................................................................................................... 12

Due Process Clause(s) Mandate a Notice....................................................................... 15

Plaintiff has established irreparable harm ................................................................... 17

Plaintiffs Reply Brief Rehan Sheikh v. [DMV]

Case: 14-16858, 09/30/2015, ID: 9703104, DktEntry: 28-1, Page 3 of 23

UNITED STATES CASES

Goss et al. v. Lopez et al. 419 U.S. 565 (1975) ......................................................................... 16

Ker v. California, 374 US 23 (1963). ........................................................................................... 7

Mullane, Special Guardian, v. Central Hanover Bank & Trust Co.,

Schmerber v California, 384 US 757 (1966) .............................................................................. 7

Bixby v. Pierno, 481 P. 2d 242, 4 Cal.3d 130, 151 (California Supreme

In re Garcia, 315 P. 3d 117 (California Supreme Court, 2014) ........................................... 13

California Assembly Bill 60 (2013) ............................................................................................ 14

California Assembly passed Resolution ACR 76 -800th Anniversary of

California Senator Darrell Steinberg - Right to Hearing ..................................................... 11

California Senator Darrell Steinberg -Innocent until Proven Guilty ................................ 11

Justice Antonin Scalia - Structure of Constitution ............................................................... 12

Case: 14-16858, 09/30/2015, ID: 9703104, DktEntry: 28-1, Page 4 of 23

Eastern District of California

Plaintiff and plaintiffs spouse are parties in the following cases;

1) Farzana Sheikh MD v Medical Board of California

Case Number: 2:10 CV 213 FCD - GGH

Case: 14-16858, 09/30/2015, ID: 9703104, DktEntry: 28-1, Page 5 of 23

Order of Suspension (Anonymous, unsigned)

B. March 27, 2012

Order of Suspension (without stating any cause)

C. March 26, 2012

Driver Medical Exam - Any and All Conditions

D. Sep 16, 2014

Driver Medical Exam

DMVs Public Records showing Accusations without Notice

Declaration of Shannon Gove - without Reexamination

Letter - Jennifer Berry, Assistant Chief County, DMV

H. April 25, 2014

Letter - Thomas Laughter, Manager DMV

I. July 14, 2014

Letter - Matthew Besmer, DAG Department of Justice

J. July 31, 2015

Plaintiffs Letter Public Records

K. Aug 12, 2014

Defendant Brian Kelly Drivers Handbook

Plaintiffs Reply Brief Rehan Sheikh v. [DMV]

Case: 14-16858, 09/30/2015, ID: 9703104, DktEntry: 28-1, Page 6 of 23

3. Without stating any cause, the DMV demands plaintiffs Reexamination

Case: 14-16858, 09/30/2015, ID: 9703104, DktEntry: 28-1, Page 7 of 23

who identified himself as a Manager at DMV. Plaintiff explained DMV manager

available for denial of driving license.

the information relevant to non-renewal of plaintiffs license does not seem to

align. Mr. Tweety asked plaintiff to come to DMV office in Sacramento.

A. DMVs Demand for Reexamination - Mar 26, 2012