Case 2.

10-cv-02216-FCD-DAD Document 8
LED I
1 Pamela Bamett, Pro se Plaintiff
2 2541 Warrego Way
3 Sacramento, CA, 95826
4 Telephone: (415)846-7170
5 Pb-realestate@yahoo.com

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

X
PAMELA BARNETT,
Plaintiff, Civil CASE: 10-cv-02216-FCD-DAD
v.

DAMON JERRELL DUNN, etc., et al.,

Defendants.

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SACRAMENTO
-- - X
Pamela Barnett ) Case No. 34-201040077415
Plaintiff, )
v. )
Damon Jerrell Dunn (A.K.A. Damon Dunn); )
Debra Bowen individually and afficiallyas ) with Cal. Election Code $2150(a)(lO)(b)
The California Secretary of State; ) $2153, $2154 related to NVRA IHAVA
NEAL KELLEY officially as The Orange ) Law and Cal. Election Code $18203,
County Registrar of Voters; ) $18500 and §I8501 violations with
Edmund G. Brown Jr. (AK.A. Jerry Brown) ) request for Jury trial on facts to
Officially as the California Attorney General) ) determine civil damages
and individually; U.S. Election Assistance )
Commission; and John and Jane Doe($) )
)
Defendants )

PWNTIFF Pamela Bamett DECLARATIONIN RESPONSETO

THE EAC NOTICE OF REMOVAL WITH 28 USC 51442 (a) 1
41
42 1, Pamela Barnett, declare under penalty of perjury, pursuant to 28 U.S.C. s1746:

-
I Plaintiff Response to EAC Petition for Removal Page 1 of 4
I
 Case 2:IO-cv-02216-FCD-DAD Document 8 Filed 08125110 Page 2 of 5

1 1. Dedarant IPlaintiff in esse is pro se herein without being an attorney.

2 2. That Dedarant hereby responds to the U.S. Election Assistance

3 Commission and its director Thomas Wilkey (EAC) represented by Assistant U.S.

4 Attorney Yoshinori H. T. Himel ofthe United States Attorney's Office in Sacramento

5 having fhed on August 17,2010 the NOTICE of REMOVAL with 28 USC 51442 (a) 1

6 from Sacramento Superior Court, case number 34-2010-00077415; and that the

7 United States is requesting from the state court a copy of that couffs pleading file,

8 for filing with 28 U.S.C. §1447(b) with this Court's Clerk upon receipt from that court.

9 3. That Plaintiff conditionally opposes such petition for removal on the

10 grounds that damages exceed $10,000.00 as referenced to 28 USC 514.46; that

11 Plaintiff as a California Republican is damaged and is among a class of those

12 California Republicans who individually contributed under false pretense to the

13 campaign of Defendant Damon Dunn who is alleged with intent to defraud other

14 Republican Candidates damaged at the Republican Primary held June 8.2010; and

15 4. That Plainti suffers irreparable harm with time as the essence because

16 the ongoing challenge as before the Primary and now after the Primary is without a

17 timely fair hearing in State Court as to the ballot status of Mr. Dunn that as a matter

18 of law requires a hearing on the presentment of certain facts there denied, and with

19 imminent irreparable harm were the Ballots to be printed to proceed to the General

20 Election without Plaintiff's requested relief granted befofe that printing is done for the

21 November 2,2010 General Election for State and Federal Officers to proceed; and

22 5. That notwithstandingthe issues of damage, that Plaintiff has standing with

23 42 USC Section 1973GG-9: Civil enforcement and private right of action and as

24 related State law similarly adopted to be here as in State Court if the Petition were

I Plaintiff Response to EAC Petitionfor Removal - Page 2 of 4

 Case 2:lO-cv-02216-FCD-DAD Document 8 Filed 08/25/10 Page 3 of 5

granted in the matter of irreparable harm to Plaintiff along with those similarly

situated with time as the essence is due to State action(s), as all State Defendants

are Democrats including the Court Judge, who delay and deny substantive due

process with intent to interfere with the First and Fifth amendment rights and liberty

of Republicans in violation of 42 USC §1981,§1983. §1985(3) and 51986; and

6. Despite the requirements of 42 USC 51973C: as to alteration of voting

qualifications and procedures by arbitrary and capricious action under color of state

law by State or political subdivision for declaratory judgment on denial or

abridgement of voting rights, Plaintii is entitled to a three-judge district court with

appeal to Supreme Court; as to Section 19731(c)(d): Prohibited acts ,with breach of

fiduciary duty as per 42 USC Section 1973FF-1 State responsibilities; and with 42

USC 91973gg that applies herein with any State that maintains and uses a voter

registration data base; and whose State Officers are Federal agents; and

7. That the State is intent to print the ballot for the General Election with

Damon Dunn on it, as expressed by the State's Demurrer of June 11.2010 to the

Complaint and the State and Orange County Demurrers of August 13, 2010 and

August 12, 2010 respectively to the First Amended Complaint, and therein requested

and have been granted a State Court hearing on October 25,2010 after the ballots

have been printed; and

8. Thereby State Defendants deny Plaintiff and those similarly situated equal

protection of the law and substantive due process with a fair hearing in time to

correct the ballot, and for that reason alone Plaintiff desires the bifurcation of liability

and damages with an expedited declaratoryjudgment on equity issues as to liability

Plaintiff Response to EAC Petition for Removal - Page 3 of 4

 Case 2:IO-cv-02216-FCD-DAD Document 8 Filed 08125110 Page 4 of 5

with the law and expedited jury trial on the facts as to llabillty under the law with the

compounding damages severed and remanded back to State Court jury bial there.

9. That Damon Dunn and the State Defendants act across state lines to deny

Plaintiff and those similarly situated as Republicans equal protection of the law and

substantive due p r o m as if persons under the notorious Jim Crowlaws.;

10. That the facts prove Damon Dunn acts with intent to commit a crime;

11. That the fads prove State Defendants act with intent to commit a crime.

12. That the Law provides the Court with a remedy for relief and

13. That all Defendants must be barred from the ballot and W i n g &ice.

14. That the Ballot must be printed with the next runner up in the Republican

Primary for Secretary of State;

15. That the matter of Liability for damages must be remanded back to State

Court for further jury hearing on extent and scope of damages to indude punitive

award, costs of the proceeding and Attorney fees as necessary; and

16. That Plainti is entitled to further and different relief the Court herein

deems necessary for justice to be done herein to prevent further vote fraud in the

State of California and of the several States

17. 1 do solemnly declare under penalty of pajury with 28 USC 91746 and the

laws of the State of California thii date ~ u g u s t 2 2010

2 in the County of

Sacramento, that the facts and circumstances described above are m e and correct

21 I to the best of my knowledge.

, 95826
V ~ a a a r n e n GCA.
Telephone: (415)8467170

I Plaintiff Response to EAC Petition for Removal- Page 4 of 4

 Case 2:lO-cv-02216-FCD-DAD Document 8 Filed 08/25/10 Page 5 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

BARNETT v. DUNN et al. Civil CASE: 10-cv-QZ216-FCD-DAD

CERTIFICATE OF SERVICE

On August 24,2010.1, Tony F. Andrade Jr., under penalty of perjury pursuant to

28 USC 1746,
1. That Dedarant is over 18 years of age and not a party herein;
2. Dedarant caused the service of five (5) copies of the PLAINTIFF Pamela
Bamett DECLARATION IN RESPONSE TO THE EAC NOTICE OF
REMOVAL WITH 28 USC $1442 (a) 1 signed August 24, 2010, and did
place each complete set in a sealed folder properly addressed with proper
postage to be served by USPS mail upon:

Yashinori H. T. Himel Sacramento, CA 94244-2550

United States Attorney's Mfice
501 I Street, Suite 10-100
Sacramento, CA 95814
Brian T. Hildreth
Bell, McAndrews 8 HILTACHK, LLP
455 Capitol Mall. Suite 801
Sacramento, CA 95814
Nicholas S. Chrlsos, NCAED
Orange County Counsel
333 West Santa Ana Boulevard
Suite 407
Santa Ana, CA 92702-1379

Anthony Paul O'Brien Clerk of the California Superior Court

Attorney General's Office for the County of Sacramento
State 720 9th Street
California Department of Justice Sacramento, CA S814
1300 1 Street, 944255

I do declare and certify under penalty of pejury:

Dated: August 2 4 -
Sacramento
P
44151 Flagstaff Dr.
~ a n c h o ~ u r i eCA,
t a 95683
Phone: 916.230.2123