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)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK NA, et al )
)
Defendants/Appellees )
)
respectfully disagrees, and necessarily files with the Court this REPLY based on the following:
FULLY aware that ANY claims against the United States must be initiated in a separate
claim, and by law CANNOT be addressed by the Court with other Defendants in the
there has been NO legal basis concluding that the Judges orders are somehow VOID,
and Appellees have not located any support for that position. The Appellant clearly
disagrees - The Court needs to look no further than the record of this Appeal, the
related lower Court Docket, and within the Judicial Misconduct Petition to
Case: 17-1381 Document: 00117177885 Page: 2 Date Filed: 07/16/2017 Entry ID: 6106210
recognize the legal basis rendering the Judges related orders VOID following
support the relationship of the Judges recusal to this Appeal and related lower
The Appellant respectfully states that ANY failure by this Court to recognize the
relationship of Judge Burroughs recusal to this matter will show cause to bring
incremental judicial misconduct claims here against the presiding judges of this
Appeal.
2. Motion to Vacate Judgement, Pursuant to FRCP 60(b)(4) has been filed with the
District Court in the related complaint, Harihar v. The United States (Docket No. 17-cv-
11109).1
increasing complexity of the issues at hand, coupled with the evidenced efforts by
1
See Attachment A, Motion to VOID Related Orders following RECUSAL, filed with
District Court on July 17, 2017.
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The Appellant respectfully states that ANY failure by this Court to take
CORRECTIVE ACTION and finally assist the Appellant with the appointment of
counsel will show cause to bring incremental judicial misconduct claims against the
relationship to Judge Burroughs recusal, shows cause to further expand upon FRAUD
ON THE COURT claims CLEARLY EVIDENCED in the lower Court Docket and
earlier in this Appeal. The Appellant respectfully reminds the Court, that the evidenced
be presented, and redirection back to the lower court presents no different circumstance
to consider. Therefore, there is FULL EXPECTATION for this Court to uphold the
The Appellant respectfully states that ANY failure to UPHOLD Federal Rules of
Civil procedure will show cause to bring incremental judicial misconduct claims
history of this litigation to seek mutual agreement. Now, it would appear (at least on its
surface) that the opposition filed here by Defendant David E. Fialkow represents the
Therefore, the Appellant retracts his offer to do so, and fully expects this Court to award
professional penalties against ALL responsible parties. That includes (but is not limited
claims will show just cause to expand upon existing claims against The United
States. Similarly - Any failure by this Court to additionally assess the appropriate
professional penalties will similarly warrant an expansion of existing claims against The
United States.
7. Unnecessary Delay and Repayment for Costs and Accruing Legal Fees Once this
Court has ACCURATELY validated the facts, it will be clear that it is the
federal level, and historically in the State Court(s). Therefore, the Appellant believes that
the reimbursement for the associated costs and legal fees should be proportionately
divided between The United States and the Appellees/Defendants. Similarly, the
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Appellant additionally requests reimbursement for accrued legal fees incurred for 4+
years during litigation at the State level (Calculated similarly at an hourly rate of $1000
per hour, and capped at 40 hours per week, and assessing triple damages for these acts
CONCLUSION
Based on the reasons stated within, the Appellant, Mohan A. Harihar respectfully reaffirms his
position to SUSPEND the deadline for filing the required Appellant Brief. There is also a CLEAR
EXPECTATION, that with reference to pending motions, this Court will initiate
CORRECTIVE action moving forward. Once decisions have been made on referenced motions
- SHOULD it become necessary to move forward with this appeal, the Appellant respectfully
requests for an appropriately amended timeline for filing his Appellant Brief.
Due to the severity of these collective civil/criminal claims, for documentation purposes, and
also out of concerns for personal safety/security, copies of this filed Motion are sent via email
and/or certified mail to: The Executive Office of the President (EOP), the US Inspector - General
Michael Horowitz, US Attorney General - Jeff Sessions, the House Judiciary Committee, and to
the Federal Bureau of Investigation (FBI). A copy will also be made available to the Public.
Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
Case: 17-1381 Document: 00117177885 Page: 7 Date Filed: 07/16/2017 Entry ID: 6106210
Attachment A
Case: 17-1381 Document: 00117177885 Page: 8 Date Filed: 07/16/2017 Entry ID: 6106210
)
MOHAN A HARIHAR, )
)
Plaintiff )
) Docket No. 17-cv-11109
v. )
)
THE UNITED STATES OF AMERICA, )
)
Defendant )
)
The Plaintiff, Mohan A. Harihar, acting pro se, respectfully calls for this District Court to render
following the sua sponte RECUSAL here of Judge Allison Dale Burroughs. The Judges recusal
1. ALL orders associated with the related District Court (Docket No. 15-cv-11880).
a. The Order of Dismissal, Motions to Dismiss, etc. (Document No.s 139 and 140,
entered 3/31/17);
b. The Order Denying Reimbursement for Costs and Legal Fees 2nd request
c. The Order Denying Injunctive Relief (Document No. 133, entered 11/28/16);
d. The Order Denying Reimbursement for Costs and Legal Fees (Document No.
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States, and Assistance with the Appointment of Counsel (Document No. 125,
entered 9/6/16);
f. The Order RE: Motion for Recusal (Document No. 122, entered 8/17/16);
g. The Order Denying Emergency Injunctive Relief (Document No. 120, entered
8/11/16);
Assistance with the Appointment of Counsel (Document No. 118, entered 7/5/16).
This is also the Order which ignored FRAUD ON THE COURT CLAIMS,
i. The Order Denying Motion to Amend (Document No. 116, entered 6/23/16);
j. The Order Denying Motion to Amend including the addition of Civil RICO
k. The order Denying Default Judgement (Document No. 99, entered 5/27/16);
l. The order Denying Motion for Default (Document No. 90, entered5/24/16);
m. The Order Denying Motion to Amend (Document No. 81, entered 5/19/16);
o. The Order Granting Motion(s) to Dismiss, etc. (Document No. 43, entered
4/27/16);
p. The Order Failing to Acknowledge Color of Law and Due Process Violations (at
9/15/15);
q. The order Denying Plaintiff to File In Forma Pauperis (IFP), Assistance with the
7/15/15.
3. The related Judicial Misconduct Petition pending before the Judicial Council of the First
The Plaintiff respectfully states that any failure by the District Court to take these
necessary actions following recusal will show cause to expand upon existing claims against
Due to the severity of these collective civil/criminal claims, for documentation purposes, and
also out of concerns for personal safety/security, copies of this filed Motion are sent via email
and/or certified mail to: The Executive Office of the President (EOP), the US Inspector - General
Michael Horowitz, US Attorney General - Jeff Sessions, the House Judiciary Committee, and to
the Federal Bureau of Investigation (FBI). A copy will also be made available to the Public.
Case: 17-1381 Document: 00117177885 Page: 11 Date Filed: 07/16/2017 Entry ID: 6106210
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge,
information, and belief that this Notice: (1) is not being presented for an improper purpose, such
as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported
law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely
have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the Motion otherwise complies with the requirements of Rule 11.
If the Court has even the slightest question regarding ANY portion of this motion, the Plaintiff is
Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
Case: 17-1381 Document: 00117177885 Page: 12 Date Filed: 07/16/2017 Entry ID: 6106210
CERTIFICATE OF SERVICE
I hereby certify that on July 16, 2017 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
Mo.harihar@gmail.com