Joseph v. NASA

District Court, S.D. New York·Decided August 1, 2022·No. 1:22-cv-00466·Unknown

Opinion

UNITED STATES DISTRICT COURT USDC SDNY SOUTHERN DISTRICT OF NEW YORK DOCUMENT ELECTRONICALLY FILED DOC #: RHAWN JOSEPH, DATE FILED:_ 8/1/2022 Plaintiff, “V- No. 22-cv-466 (MKV) NASA, SPRINGER NATURE AMERICA ORDER INC., and SPRINGER NATURE ACADEMIC PUBLISHING LLC, Defendants.

MARY KAY VYSKOCIL, District Judge: For the completeness of the record, the Court is docketing the attached communications that Plaintiff sent this Court, among numerous others, via email on July 28, July 29, and July 30, 2022. In the letter attached to his July 28 email, Plaintiff asserts that he “declines to legitimize the Court’s decision by participating further” in “these proceedings.” /nfa. Thus, the Court reminds Plaintiff that failure to comply with court orders and prosecute his case, including failure timely to file an opposition to Defendants’ motions to dismiss, may result in dismissal for failure to prosecute. See Fed. R. Civ. P. 41(b). The Court also admonishes Plaintiff to limit communications with the Court to letters filed on ECF. Plaintiff should not send the Court ex parte communications via email, and he should not file more than one letter on the same subject. SO ORDERED. / (/ ly Date: August 1, 2022 MARY KAY vyifoct New York, NY United States District Judge

To: Temporary Pro Se Filing NYSD; Chase, Jeremy; Mollie.Kornreich@usdoj.gov; caseview.ecf_usdoj.gov; usanys.ecf@usdoj.gov; Vyskocil NYSD Chambers Subject: Please File: Case No. 1:22-cv-466-MKV Date: Thursday, July 28, 2022 5:06:01 PM Attachments: ThirdLetterVykocil.pdf CAUTION - EXTERNAL: Rhawn Joseph v. NASA, et al., Case No. 1:22-cv-466-MKV Letter to Judge MKV Please file /s/Rhawn Joseph, Ph.D. 7/28/2022 408298-9833 CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution when opening attachments or clicking on links. 677 Elm St. San Jose, CA. 95126 July 28 2022 Honorable Mary Kay Vyskocil United States District Court (NASA / Springer Nature Lawsuit) Southern District of New York -Decline to Amend 500 Pearl Street, Room 2230 New York, New York 10007 (Pre-Motion Conference) Re: Rhawn Joseph v. NASA, et al., Case No. 1:22-cv-466-MKV Judge Vyskocil: As stated, only an imbecile or a judge who has accepted bribes would judge that fake click through agreement to be legitimate. It is irrelevant to this Court that if it is impossible to click, check or agree to that obviously fake agreement. Even Springer Nature’s attorney admitted it is impossible and what they filed is fake. This Court has no interest in facts, exhibits, justice or the truth. Even when the Defendants admit guilt, this is irrelevant to this Court. The Court has one mission: to protect these defendants and their high powered attorneys who knew they could commit fraud against the Court and that the Court would go along with these obvious frauds no matter how blatant. I anticipated the outrageously unjust decision of this Court and I affirm that I decline to legitimize the Court’s decision by participating further or by amending the complaint as these proceedings are not based on truth, justice or the law and serve only to cover up the blatantly and outrageously obvious crimes and frauds committed by Springer Nature, and Judge Cronan et al. /s/Rhawn Joseph, Ph.D. 7/28/2022 To: Temporary Pro Se Filing NYSD; Chase, Jeremy; Mollie.Kornreich@usdoj.gov; caseview.ecf_usdoj.gov; usanys.ecf@usdoj.gov; Vyskocil NYSD Chambers Subject: Final Letter To Judge MKV--Please File Date: Friday, July 29, 2022 2:28:45 AM Attachments: FinalLetterToVykocil.pdf CAUTION - EXTERNAL: Rhawn Joseph v. NASA, et al., Case No. 1:22-cv-466-MKV Please file Final Letter to Judge MKV -Judge Vyskocil Admits Case Has Been “fixed” -Springer Nature Admit To Bribing Cronan -Springer Nature Admits Fraud Against The Court /s/Rhawn Joseph, Ph.D. 7/28/2022 408298-9833 CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution when opening attachments or clicking on links. Honorable Mary Kay Vyskocil July 28 2022 United States District Court (FINAL COMMUNICATION) Southern District of New York -Judge Vyskocil Admits Case Has Been “fixed” 500 Pearl Street, Room 2230 -Springer Nature Admit To Bribing Cronan New York, New York 10007 -Springer Nature Admits Fraud Against The Court

Re: Rhawn Joseph v. NASA, et al., Case No. 1:22-cv-466-MKV Judge Vyskocil: In Plaintiff’s July 2022 letters to the Court, Plaintiff levied the following accusation against you and this Court: “As documented in a criminal complaint filed with the DOJ on 3/20/22 the case of Joseph v NASA has been “fixed” and the decision to dismiss has already been made.” Your failure to deny this Plaintiff’s accusation is an admission of guilt. Nor did you deny this allegation: “Naturally, predictably, the Court and the U.S. Justice Dept. will do everything in their power to cover up Cronan’s crimes and will never allow this case to proceed and go to trial. The fact is NASA and the DOJ is aiding and abetting Fraud Against the Court.” And not just you, but NASA and the Justice Dept failed to deny and responded with silence. Springer Nature was accused of bribing Cronan and there was no denial. Nor did Springer Nature deny committing fraud against the Court. You have all tacitly admitted the accusations are true. According to FRCP 8: A defendant must (b)(B) admit or deny the allegations asserted against it by an opposing party. Silence is an admission of guilt. The doctrine of tacit admissions, that the failure to deny or respond to an accusation is evidence of guilt, is firmly entrenched in state and federal case laws, based on the assumption that a person is more likely to deny an accusation he knows to be false than one he knows to be true (United States v. Miller, 478 F.3d 48, 51 (1st Cir. 2007); Salinas v. Texas, 570 U.S. 178 (2013); People v. Nitti, 312 Ill. 73, 94, 143 N.E. 448, 455 (1924); People v. Simmons, 28 Cal. 2d 699, 712, 172 P.2d 18, 25 (1946), 20 So. CAL. L. REv. 224 (1947); State V. Farnsworth, 383 P.2D 489 (Utah 1963); Kule-Rubin, et al v. Bahari Group, Limited; People v Vining 2017 NY Slip Op 01144; People v Koerner, 154 NY 355, 374 (1897); reviewed in Mccormick On Evidence 405–06 (6Th Ed. 2006); Black’s Law Dictionary 11th Edition; Tacit Criminal Admissions, H. S, Hiles, University Of Pennsylvania Law Review, Vol 112, 210-258, 1964; Adoptive Admissions And The Duty To Speak, B. Ruber, Cardozo Law Review, Vol 36, 300-332). The Federal Rules of Evidence’s advisory committee’s notes endorse the common law doctrine of tacit admissions by silence, and allows the use of silence as an indication of guilt, stating that the results to which it has led in civil cases have been “satisfactory” (FED. R. EVID. 801 advisory committee’s note). The Supreme Court considers these “notes” to be an authoritative guide to the meaning of the Federal Rules of Evidence: “We have relied on those well-considered Notes as a useful guide in ascertaining the meaning of the Rules. . . . The Notes disclose a purpose to adhere to the common law in the application of evidentiary principles... (Tome v. United States, 513 U.S. 150, 160 (1995). You, this Court, NASA, Springer Nature, by your failure to deny this Plaintiff’s accusations, have admitted to conspiring to pervert and obstruct justice and committing fraud against the Court.

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Related

Tome v. United States
513 U.S. 150 (Supreme Court, 1995)
United States v. Miller
478 F.3d 48 (First Circuit, 2007)
Salinas v. Texas
133 S. Ct. 2174 (Supreme Court, 2013)
People v. Simmons
172 P.2d 18 (California Supreme Court, 1946)
People v. . Koerner
48 N.E. 730 (New York Court of Appeals, 1897)
People v. Nitti
143 N.E. 448 (Illinois Supreme Court, 1924)