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No. TBD
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MOHAN A. HARIHAR,
Applicant,
v.
US BANK, et al
Respondents.
___________________________________
13(5) of the Rules of this Court, for an extension of time of 60 days, to and including
August 11, 2018 (Saturday), for the filing of a petition for a writ of certiorari to
review the decision of the United States Court of Appeals for the First Circuit dated
January 17, 2018 (Exhibit 1), on which a timely petition for rehearing and for
rehearing en banc was denied on March 14, 2018 (Exhibit 2). The jurisdiction of this
1. The date within which a petition for writ of certiorari would be due, if
2. On May 18, 2018, the Petitioner received a letter from the Clerk of the
First Circuit Appeals Court signifying the recusal of Circuit Judge David Barron, a
presiding judge in the referenced Appeal No. 17-1381. Judge Barron’s recusal
impacts eight (8) issued orders, including the Judgment order. Petitioner was given
a timeline of June 8, 2018 to file a response and request relief. A response was
timely filed with Court on June 4, 2018 (Exhibit 3). In this filed response, the
Petitioner raises a number of unresolved issues, including (but not limited to): (1)
Jurisdiction, (2) Criminal claims and (3) matters perceived to impact National
Security.
3. Petitioner had previously filed for an Emergency Stay order with the
First Circuit on April 6, 2018, citing his intention to file a Petition for Certiorari
and the list of unresolved issues (including jurisdiction) that first, must be
addressed. The motion was denied, without valid cause. Now, with Judge Barron’s
recusal (collectively, the third recusal associated with this litigation) Petitioner’s
response again shows cause to question (at minimum) the validity of the judgment
that temporarily suspends the timeline for filing his petition until ALL issues have
been resolved. However, considering the approaching deadline to file, the history of
this litigation and the gravity of issues involved, it is unclear whether the First
4. The case presents substantial issues of law, among which include (but
are not limited to:
(1) whether jurisdiction issues were properly addressed by the First Circuit (and
District) Court; (2) whether under Article III Section 3 of the US Constitution, a
Circuit (or District) Court judge continued to rule after losing jurisdiction; (3)
whether Rule 60(b)(3) of the Federal Rules of Civil Procedure (Unopposed claims)
2
was properly addressed by the Court(s); (4) whether, under 28 U.S.C. § 455(a), a
Circuit judge(s) who has presided in the referenced appeal, failed to recuse
following jurisdiction (and other referenced) issues; (5) whether, under 18 U.S.C. §
claims and matters believed to impact National Security; (6) whether under 28
denying or unnecessarily delaying without valid cause - repeated requests for the
Court to assist with the Appointment of Counsel; and (7) whether Circuit judges
(and previously the District Court) took appropriate action following the recusal of
warranting this Court’s attention can be found by referencing the June 4, 2018
Circuit to timely address and resolve all existing legal issues. Upon doing so, and if
it is even still necessary to file a petition with this Court, Petitioner is expected to
have retained experienced legal counsel to research the legal issues and to prepare
extension of time to and including August 11, 2018, be granted within which
Federal Law, and considering a portion of his evidenced claims pertain to: (1)
3
Criminal misconduct involving judicial officers; (2) Economic Espionage and (3)
matters believed to impact National Security, copies of this Motion are delivered to
the President, DOJ and members of Congress. A copy will also be made available to
the Public out of continued concerns for the Petitioner’s safety and well-being.
8. If your Honor has any questions regarding any portion of this Motion,
Respectfully submitted,
Mohan a. Harihar
Petitioner – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526
Mo.harihar@gmail.com
June 6, 2018
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Exhibit 1
Case: 17-1381 Document: 00117243937 Page: 1 Date Filed: 01/17/2018 Entry ID:
6144225
No. 17-1381
MOHAN A. HARIHAR,
Plaintiff, Appellant,
v.
Defendants, Appellees,
Defendants.
__________________
Before
JUDGMENT
challenge to the district court's disposition of the merits of his claims. See Best
Auto Repair Shop, Inc. v. Universal Ins. Grp., 875 F.3d 733, 737 (1st Cir. 2017)
(affirming merits decision on waiver grounds where appellants failed to address
the decision in opening brief).
We have reviewed the other claims of error identified in Harihar's opening brief
and conclude that they lack merit. Accordingly, we affirm the judgment of the
district court in all respects. See 1st Cir. Loc. R. 27.0(c).
Affirmed.
By the Court:
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Exhibit 2
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Case: 17-1381 Document: 00117265613 Page: 1 Date Filed: 03/14/2018 Entry ID:
6156474
No. 17-1381
MOHAN A. HARIHAR,
Plaintiff, Appellant,
v.
Defendants, Appellees,
Defendants.
__________________
Before
Howard, Chief Judge,
Torruella, Lynch1, Thompson,
Kayatta and Barron, Circuit Judges.
__________________
ORDER OF COURT
1
Judge Lynch is recused from this matter and did not participate in its determination.
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Entered: March 14, 2018
Pursuant to First Circuit Internal Operating Procedure X(C), the petition for
rehearing en banc has also been treated as a petition for rehearing before the
original panel. The petition for rehearing having been denied by the panel of
judges who decided the case and the petition for rehearing en banc having been
submitted to the active judges of this court and a majority of the judges not having
voted that the case be heard en banc, it is ordered that the petition for rehearing
and petition for rehearing en banc be denied.
Case: 17-1381 Document: 00117265613 Page: 2 Date Filed: 03/14/2018 Entry ID:
6156474
By the Court:
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Exhibit 3
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IN THE UNITED STATES COURT OF APPEALS
)
MOHAN A. HARIHAR, )
)
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK, et al )
)
Defendants/Appellees )
)
APPELLANT DISCLOSURE
The gravity of serious legal issues addressed in this Appeal (lower court Docket No. 15-
cv-11880), and in the RELATED Appeal,2 include (but are not limited to): 1.) evidenced
allegations of TREASON under ARTICLE III, Section 3 of the Constitution, and 2.)
Economic Espionage pursuant to 18 U.S.C. § 1832, which are believed to impact matters of
National Security. The evidenced allegations against referenced officers of the Court
2
The related Appeal references HARIHAR v. THE UNITED STATES, Appeal No. 17-cv-
2074 (Also, lower court Docket No. 17-cv-11109).
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filed with the Federal Bureau of Investigation (FBI) against the TEN (10) identified Federal
(Circuit and District) Court Judges. Therefore, copies of this RESPONSE are necessarily sent
9. Office of the Special Inspector General for the Troubled Asset Relief
Program (SIGTARP);
A copy will also be made available to the PUBLIC, as this judiciary’s effort to “promote
public confidence in the impartiality of the judicial process,” has irrefutably been
compromised. By informing the Public, ALL AMERICANS serve here as WITNESS. Parties
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are additionally informed for documentation purposes, and out of the Appellant’s continued
COMES NOW the Appellant, who files this timely RESPONSE after being notified on May
18, 2018 of the RECUSAL by Circuit Judge David Barron. The announcement of this recusal
raises a number of issues, including (but not limited to) the following:
II. This Court MUST Address the PRIOR Recusals of Judge Allison Dale Burroughs
III. This Court MUST Finally Address ALL previously referenced, and STILL
UNRESOLVED ISSUES;
V. Impacted Orders;
__________________________________________________________________
After reviewing the referenced 5/18/2018 letter3 announcing the recusal of Judge David
Barron, the explanation provided is considered insufficient, in that far more detail is required
in order to fully understand ALL factors leading up to this recusal. The Appellant
respectfully requests that Judge Barron provide for the record a detailed explanation of
3 See Attachment A
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exactly HOW, at this time he came to find out about a Financial interest in the
Appellee/Defendant – Wells Fargo. While the Appellant does not necessarily question the
conflict itself, there is cause to question the timing of its discovery. This Appeal was initiated
in April 2017 – therefore, further validation is needed to confirm all details related to the
II. This Court MUST NOW Address the PRIOR Recusals of Judge Allison Dale
This Court is aware that the announced recusal of Judge Barron is the THIRD (3rd)
RECUSAL associated with this litigation. On June 19, 2017, the first Judge to recuse was
Judge Allison Dale Burroughs from the RELATED case – HARIHAR v THE UNITED
STATES, Docket No. 17-cv-11109. Despite multiple documented efforts by the Appellant,
the record will conclusively reveal multiple failures by BOTH the District and Appellate
Courts to address and remedy the list of resulting conflicts and impacted orders associated
The second recusal was announced by Chief Judge Howard, who recused Circuit Judge
Sandra Lynch from ruling on the 3/14/2018 decision for reasons UNKNOWN.4
III. This Court MUST Finally Address ALL previously referenced, and STILL
UNRESOLVED ISSUES
Aside from the issues related to the referenced recusals, this Court is reminded of the list
of existing issues which, as evidenced by the record, have been IGNORED by this Court
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The 3/14/18 Order referenced the Appellant’s Petition for re-hearing en banc. Questions are
raised regarding not only the recusal of Judge Lynch, but also regarding the jurisdiction of other
judges issuing the referenced order(s).
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- BEGINNING WITH JURISDICTION ISSUES. This Court AND the American
Public have now witnessed the following acts, EACH of which constitute judicial
WITHOUT VALID CAUSE - repeated requests for the Court to assist with the
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The record shows that the Appellant has filed over FIFTY (50) + court documents which raise
a JURISDICTION issue, ALL of which have been IGNORED by referenced Federal (District
and Circuit) Judges.
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I. Refusing to address evidenced UNOPPOSED claims of JUDICIAL FRAUD on the
COURT, pursuant to Fed. R. Civ. P. 60(b)(3) and clear violations to the Judicial Code
M. Refusing to address Title 18, U.S.C., Section 242 Deprivation of Rights Under Color
of Law;
N. Refusing to address Title 18, U.S.C., Section 241 Conspiracy Against Rights;
O. Refusing to address Title 18, U.S.C., Section 1001 Fraud and False Statements;
P. Refusing to address Title 42 Sec. 1983, Civil action for Deprivation of Rights;
R. Refusing to promptly reimburse accruing Legal (and other) Fees due to the Appellant, as
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IV. Impacted Litigation
This Court must now address ALL litigation, associated orders and misconduct
complaints impacted by Judge Barron’s recusal, not just Appeal No. 17-1381. Judge Barron
is also a presiding judge in the RELATED APPEAL No. 17-2074 – HARIHAR v. THE
This Court is now aware that on May 30, 2018, the Appellant filed a NEW Complaint
with the District Court against multiple Defendants including TEN (10) Officers of the
Court who are considered to be INFERIOR JUDGES (Reference Docket No. 18-cv-
is listed here as a Defendant and as an inferior judge. The DEMAND is now respectfully
made to address ALL referenced litigation and judicial misconduct complaints impacted
by recusal.
V. Impacted Orders
The Appellant first addresses the EIGHT (8) impacted orders of Appeal No. 17-1381:
A. ORDER OF COURT Entered: June 5, 2017 - Here, the appellant's motions for
appointment of counsel, for a stay, and for entry of default are denied. ALL requests
here have been denied WITHOUT VALID CAUSE, even when clarification and
reconsideration had been respectfully requested. With the recusal of Judge Barron
(and the previous RECUSAL of Judge Burroughs), the Appellant shows cause to
attack this order and have it VOIDED by the Court. Before any attempt to re-address
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the issues contained in the original motion, the Court is respectfully reminded that
JURISDICTION remains an issue. The remaining TWO (2) presiding Circuit Judges
– Judge Torruella and Judge Kayatta are considered to have ALREADY LOST
been properly restored, evidenced arguments supporting the Appellant’s motion (at
evidenced errors, beginning with actions two (2) thru five (5) listed below. IF
withdraw judicial misconduct (and other) complaints (if allowed by law). Any
failure to initiate corrective action here will certainly contribute to the ongoing
retained, the Appellant reserves the right to further amend this response as
deemed necessary;
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Fed. R. Civ. P. 60(b)(3). There is NO grey area here. Furthermore,
B. Once corrective action is initiated (as described above), the remaining orders6
associated with this Appeal No. 17-1381 are perceived as MOOT. The Appellant
restates that he retains the right to amend this response, if only partial corrective action
Based on Judge Barron’s recusal, the reasons stated above and throughout this Appeal,
shows absolute cause to initiate corrective action. Once these critical errors have been
corrected (as described by the Appellant), there will no longer be a need to petition the
US Supreme Court. HOWEVER, until corrective action is initiated, the due date for
filing the Appellant’s Petition for Writ of Certiorari is fast approaching on June 12,
2018. THEREFORE, with the filing of this response, the Appellant respectfully requests
that the Court issue an EMERGENCY STAY ORDER, that would temporarily suspend
the timeline for filing his petition until ALL unresolved issues have been appropriately
addressed.
6
Remaining orders impacted by recusal (Appeal No. 17-1381 ONLY) include orders issued on
the following dates: July 31, 2017, August 8, 2017, March 14, 2018, April 4, 2018 and April
11, 2018 Orders, as well as the January 17, 2018 Judgment.
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A. Initiate corrective action by assisting the Appellant with the Appointment of Counsel
timeline for filing his petition with the Supreme Court until ALL unresolved issues
D. VACATE the Judgment and Mandate ORDER associated with this Appeal;
F. Issue an order for additional relief to the Appellant for: 1.) Punitive damages, 2.)
Declaratory relief and 3.) ANY OTHER relief deemed appropriate by the Court;
G. Issue an order for a reimbursement of legal fees (and ALL associated costs) as
H. Appropriately address for the record, related issues pertaining to (at minimum)
and others. This will require the input from the Executive Branch of Government,
including (but not limited to): 1.) The President, 2.) The Department of Justice
The Appellant is grateful for the Court’s efforts to address and initiate the referenced corrective
action(s). For documentation purposes, after sending a copy of this RESPONSE to the attention
of The President, confirmation of its receipt is attached (See Attachment B) with the filed Court
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copy. If there is a question regarding ANY portion of this response, the Appellant is happy to
provide additional supporting information upon request, in a separate hearing and with the
Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
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Attachment A
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Attachment B
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CERTIFICATE OF SERVICE
I hereby certify that on June 4, 2018 I electronically filed the foregoing with the Clerk of Court
using the CM/ECF System, which will send notice of such filing to the following registered
CM/ECF users:
Jeffrey B. Loeb
David Glod
David E. Fialkow
Kevin Patrick Polansky
Matthew T. Murphy
Kurt R. McHugh
Jesse M. Boodoo
Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
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IN THE SUPREME COURT OF THE UNITED STATES
____________
No. TBD
____________
MOHAN A. HARIHAR,
Applicant,
v.
US BANK, et al
Respondents.
___________________________________
CERTIFICATE OF SERVICE
___________________________________
Counsel for Wells Fargo NA, US Bank NA, David E. Fialkow, Esq. and
Jeffrey S. Patterson, Esq.
Mohan a. Harihar
Petitioner
7124 Avalon Drive
Acton, MA 01720
617.921.2526
Mo.harihar@gmail.com