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March 26, 2010

Clerk’s Office
Calendar Unit
U. S. Court of Appeals
U. S. Courthouse
40 Foley Square
New York, NY 10007

Re: Circuit Court Docket #09–1474–cv
       District Court Docket #09–cv–1442

I have received your NOTICE OF HEARING DATE and am returning the completed form.  I will attend, present oral argument, and participate in any other way.  However I am doing so under protest for two reasons.  These are:

There are seventeen defendants representing judges of three NY State courts, the NY District Attorney, the Comptroller of the City of New York, and clerks of three state courts.  For each, there are four separate issues to be argued.  These are Cause of Action, Federal jurisdiction, Non-exemption because of respondeat superior, non-exemption because of judicial immunity.

I requested 6 hours for oral argument in my letter of November 13, 2009, to Clerk of Court Catherine O’Hagan Wolfe in order to cover all of the above.  The court has allocated 5 minutes for my oral argument.  This is absurd.  If you will not allow the six hours, I can combine defendants by groups and omit some of the issues. I will need a minimum of 30 minutes to do this. I consider that to be insufficient, but at least it gives me a chance to argue something.

The appellees did not submit a written brief, but are being allowed time to present oral argument.  In my experience, if a litigant fails to submit a written brief, he is prohibited from presenting oral argument.  Otherwise the litigant who did not present a brief can rebut the written brief of his opponent. However the litigant who had no opportunity to read the opponent’s argument is unable to prepare a rebuttal.  This is not a fair and impartial procedure.

 I am requesting the following:

A minimum of 30 minutes to present oral argument. Actually, I will need more time than this to present my case fully.

That the Appellees be denied any oral argument.

The U. S. courts are supposed to provide fair and impartial trials, not to act as a court of inquisition.  Thank you for your consideration.

Sincerely yours,

Julian Heicklen, Appellant
Counsel Pro Se