Dr. Dino Thread

[webhick]

Parachurch?

It's a non-denominational non-church which does charity work and evangelical stuff.

[Pottapaug1938]

> God Quest, Inc. is an independent parachurch > ministry, formed as a non-profit corporation in
> the state of Florida. Under the leadership of
> Eric Hovind, God Quest has acquired all operations
> of Creation Science Evangelism and continues to
> successfully operate it as a ministry.

The new website notes that they are now using an employee leasing company to meet employment tax liabilities and have a legitimate accounting firm otherwise handling their affairs.

Same... offal, different package; and given that Eric Hovind is behind God Quest, Inc., the same packagers are involved.

[wvfoos]

I guess nobody here saw (or read - the book is much better) The Rainmaker.

Deck Shifflet. Paralawyer. Associate of one J. Lyman "Bruiser" Stone.

[Pottapaug1938]

I guess nobody here saw (or read - the book is much better) The Rainmaker.

Deck Shifflet. Paralawyer. Associate of one J. Lyman "Bruiser" Stone.

I never saw the flick, but I thoroughly enjoyed the book.

[Paths of the Sea]

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
UNITED STATES OF AMERICA

vs.

Case Nos. 3:06cr83/MCR
3:10cv487/MCR/EMT
KENT E. HOVIND

_________________________________/

O R D E R

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated January 3, 2011. (Doc. 373). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1).

I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1.

The magistrate judge's Report and Recommendation is adopted and
incorporated by reference in this order.

2.

Defendant's motion for stay of criminal forfeiture (doc. 367) and his motion for immediate release on bond (doc. 368) are denied.

DONE AND ORDERED this 13th day of January, 2011.

s/ M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

---------------------------------------
---------------------------------------

Dr. Dino has other motions still pending.

Sincerely,
Maury enthusiast!

[darling]

The magistrate judge's Report and Recommendation [dated January 3, 2011. (Doc. 373)] is adopted and incorporated by reference in this order.

I don't suppose this R&R is floating about somewhere?

[Paths of the Sea]

Does this look like what you are asking about?

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
UNITED STATES OF AMERICA

vs.

Case Nos. 3:06cr83/MCR
3:10cv487/MCR/EMT
KENT E. HOVIND

___________________________________/

ORDER, REPORT AND RECOMMENDATION

Defendant has filed an amended motion to vacate, set aside, or correct sentence pursuant to
28 U.S.C. § 2255 (Doc. 364, memorandum in support at Doc. 365). The Government has been
directed to file a response to the amended motion, which is due by February 14, 2011 (see Doc. 366).

Now before the court are Defendant’s “Motion for Stay of Criminal Forfeiture” (Doc. 367)
and his “Motion for Release on Bond” (Doc. 368), to which the Government has responded
(respectively Docs. 371, 370). Although the court did not direct Defendant to file a reply to the
Government’s responses, Defendant has done so (Doc. 372); leave of court is granted for the filing of the reply.

For the reasons stated in the Government’s responses, this court recommends that the motion
for stay of criminal forfeiture and the motion for immediate release on bond be denied.1
1 Relying on Clay v. United States, 537 U.S. 522, 123 S. Ct. 1072, 1079, 155 L. Ed.2d 88 (2003), Defendant disputes the Government’s argument—addressed briefly in its response to the motion for release on bond—that Defendant’s § 2255 motion is barred because it is untimely. Defendant contends that the motion is timely as he had until sometime in January 2011 in which to file it. The court notes that, based on the information currently before it, the
Government’s position appears to be correct.

The Eleventh Circuit confirmed Defendant’s convictions on appeal on December 30, 2008. United States v. Hovind, 305 Fed. App’x 615 (11th Cir. 2008). The Supreme Court’s online docket reflects that on November 2, 2009, the Court denied Defendant’s petition for writ of certiorari and that on January 11, 2010, it denied his petition for rehearing (Case No. 09-5043 at http://www.supremecourt.gov, last visited January 3, 2011). Defendant’s initial § 2255
motion, signed November 24, 2010, was docketed in this court by the clerk on November 29, 2010 (Doc. 361).

To the extent the motion was delivered to prison authorities for mailing on November 24, 2010, that is the date the motion should be deemed filed in this court. See Washington v. United States, 243 F.3d 1299, 1301 (11th Cir. 2001).

Based on the foregoing dates, Defendant’s § 2255 motion was filed more than one year after the Supreme Court’s denial of the petition for writ of certiorari. Although Defendant contends otherwise, the Court’s refusal to rehear Case 3:06-cr-00083-MCR -EMT Document 373 Filed 01/03/11

Accordingly, it is ORDERED that:

Defendant is granted leave of court to file a reply (Doc. 372) to the Government’s responses
(Docs. 370, 371).

And it is respectfully RECOMMENDED that:

Defendant’s motion for stay of criminal forfeiture (Doc. 367) and his motion for immediate
release on bond (Doc. 368) be denied.

At Pensacola, Florida this 3rd day of January 2011.

/s/ Elizabeth M. Timothy
ELIZABETH M. TIMOTHY
UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may be filed within
fourteen (14) days after being served a copy thereof. Any different deadline that may appear
on the electronic docket is for the court’s internal use only and does not control.

A copy of objections shall be served upon the magistrate judge and all other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988). the denial of his petition for writ of certiorari has no bearing on this determination. See Drury v. United States, 507 F.3d
1295, 1297 (11th Cir. 2007), cert. denied, ___ U.S. ____, 129 S. Ct. 159, 172 L. Ed.2d 41 (2008) (stating that finality attaches when Supreme Court denies certiorari and filing of motion for reconsideration does not affect the disposition of the case); Jones v. United States, 304 F.3d 1035, 1038 n.5 (11th Cir. 2002) (ruling that a judgment of conviction becomes final within the meaning of § 2255(f) on the date on which the Supreme Court denies certiorari).

Furthermore, contrary to Defendant’s contention, Clay does not hold that a federal defendant, such as he, who appeals his conviction to the court of appeals and then immediately, but unsuccessfully, seeks certiorari from the Supreme Court has until the time for filing the writ would have expired to initiate his claim for collateral relief. Rather, in Clay the Supreme Court made it clear that the conclusion of direct review occurs when it “affirms a conviction on the merits on direct review or denies a petition for a writ of certiorari.” Clay, 537 U.S. at 527. The Clay Court further held that if the federal prisoner chooses not to seek direct review in this Court, then the conviction becomes final when “the time for filing a certiorari petition expires.” Id.; see also Jimenez v. Quarterman, 555 U.S. 113, 129 S. Ct. 681, 685, 172
L. Ed. 2d 475 (2009).

Here, as noted, Defendant sought review in the Supreme Court; accordingly, based on the
information now available to the court, his conviction became final on November 2, 2009, when the Supreme Court denied his petition for writ of certiorari. Defendant’s motion therefore appears to be untimely.

To the extent Defendant attempts to argue that for equitable reasons he should be accorded additional time for filing his motion, this is a matter that may be addressed in Defendant’s reply to the Government’s response to the § 2255 motion (which presumably will
again argue untimeliness), which as noted above is due by February 14, 2011.
Case Nos. 3:06cr83/MCR; 3:10cv487/MCR/EMT

-----------------------
-----------------------

[darling]

Thank you. Not as exciting as I had anticipated, unfortunately.
But my standards are high.

[Paths of the Sea]

It appears from a review of the Tax Court docket pages that Kent Hovind (aka Dr. Dino) has not properly responded to the Court's order and the Court is now considering dismissing Dr. Dino's case.

Dr. Dino has until later this month to respond to the Court. His trial has been put on hold pending further developments.

As to Mrs. Dino (aka Jo Hovind), the Court has set her separate trial, as she requested, for April 26, 2011 in Mobile, AL.

It could get interesting.

Is Dr. Dino just wanting to let his wife go first and independently in order to see how that turns out?

Is Dr. Dino going to let his case be dismissed?

Is Dr. Dino just posturing to put his trial off as long as possible?

We will see.

Sincerely,
Maury enthusiast!

[Paths of the Sea]

Coincidentally, Dr. Dino (aka Kent Hovind) filed another (frivolous) 6 page motion yesterday, regarding his criminal case, asking the Court to reconsider his request that the efforts to sell the property be stayed and that he be immediately released on bond.

Today the Court filed its ORDER, without discussion, denying the relief granted:

--------------------------------

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

UNITED STATES OF AMERICA

VS

CASE NO. 3:06cr83/MCR/EMT
3:10cv478/MCR/EMT
KENT E. HOVIND

REFERRAL AND ORDER

Referred to Judge M. Casey Rodgers on February 3, 2011
Motion/Pleadings: MOTION FOR RECONSIDERATION
Filed by Defendant on 2/3/11 Doc.# 383

JESSICA J. LYUBLANOVITS
CLERK OF COURT
Deputy Clerk: Katherine V. Goodman

ORDER

Upon consideration of the foregoing, it is ORDERED this 3rd day of
February, 2011, that:

The relief requested is DENIED.

M. Casey Rodgers
M. Casey Rodgers
United States District Judge

---------------------------
---------------------------

So, it looks like the efforts to sell the property will be able to continue and Dr. Dino will remain in the slammer!

I suspect, however, that he will continue to file frivolous claims.

Sincerely,
Maury enthusiast!

[grixit]

That's just God's way of saving him from having to change his Knee-Mail address.

[Paths of the Sea]

Dr. Dino has again been busy burdening the criminal court with his various filings.

In the last few days he has filed about 15 pages of "notices" letting the Court know of his "sovereign citizen" claims and why such should allow the Court to dismiss his criminal conviction and turn him loose.

In other actions the Court declined to appoint Dr. Dino counsel or extend the time for him to make certain responses.

Sincerely,
Maury enthusiast!

[grixit]

He's still trying to disprove evolution: his position continues to change but it isn't getting any fitter.

[Samphire]

Eric is no longer allowing comments on his website.

His father's bankruptcy hearing is coming up soon - anybody know when - when for the first time he will face cross-examination. Any quatloosians planning to attend and report back?

[Paths of the Sea]

I was not aware of any pending bankruptcy as far as Dr. Dino (aka Kent Hovind) is concerned.

Got details?

His wife's Tax Court case is scheduled for trial next month in Mobile, AL.

Dr. Dino's Tax Court case, last I checked, was on hold and subject to being dismissed for Dr. Dino's failure to properly respond to the Court.

Sincerely,
Maury enthusiast!

[Famspear]

A quick PACER search turned up the following bankruptcy:

KENT E. HOVIND
29 CUMMINGS RD.
PENSACOLA, FL 32503

Case no. 96-04256-LMK
U.S. Bankruptcy Court for the Northern District of Florida (Pensacola Div.)
Commenced under Chapter 13 on March 1, 1996.
Case terminated June 7, 1996.

I see no current bankruptcy cases for "Kent Hovind."

[Paths of the Sea]

FWIW, here's some excerpts I transcribed from what Dr. Dino filed in his criminal suit a few days ago:

----------------------------------

Case No. 3:06cr83/mcr
Case No. 3:10cv478/mcr/emt

UNITED STATES OF AMERICA

vs.

Kent E. Hovind
Defendant in Error

ADDENDUM TO DEFENDANT-IN-ERROR'S RESPONSE AND OBJECTIONS
TO THE GOVERNMENT'S CONSOLIDATED MOTION TO DISMISS

I hereby give Judicial NOTICE to all parties of my
true status.

I hereby claim...and now DECLARE my status as follows:

Who and What I am and Where I Stand:

I am Kent E. Hovind, a living, breathing, private Native
American man on the land of my ancestors. I stand under
and serve and pledge allegiance to only one Master, the
Supreme Sovereign God of the universe, my Creator.

My status is equal to that of those "people" who
originally created government with very limited powers.

At all times and under all circumstances I reserve all
of my Creator-given, unalienable, Constitutionally
protected Rights.

My Rights and Status coming as they do from God, I claim
Sovereign immunity from victimless-crime-suits by De
facto State of Florida entities or De facto United States
entities.

I hereby file this Declaration of My Sovereignty and
Domicile pursuant to...

I declare my Sovereign Domicile is now and has been
within the geographical area of Florida state since the
spring of 1990...

Who and What I am Not an Where I do Not Stand:

I hereby declare that I am NOT, by definition, any of the
following:

(1)

A legislatively created "legal" subject or citizen or
resident or statutory "person" of or in the pseudo-
sovereign De facto State of Florida or the semi-pseudo-
sovereign De facto United States.

(2)

A registered voter or involuntary servant or member of
any Body Politic with allegiance to the De facto
corporate State of Florida or the De facto corporate
United States.

(3)

A willing or intentional beneficiary of any cestui que
trust or constructive trust contract, the title to
which is vested in the corporate State of Florida or
the corporate United States.

(4)

A Federal or State corporation-created corporate entity
named KENT E HOVIND or a surety for such specious, dead,
non-substance entity or any derivative thereof.

It does not please me to contract with, associate with,
or stand under any entities other than my Creator and
I fully expect any officer or official reading of this
document to abide by his Oath to uphold said
constitutionally-secured rights Sua Sponte.

Sovereign defined: A Sovereign is a private, non-resident,
non-statutory person, non-individual person, non-corporate,
living man or woman serving one Master, his/her Supreme
Sovereign/Creator, and having the status of and standing
in the shoes of those people who created government and
who are thus immune to victimless-crime-suits by created,
pseudo-sovereign entities such as State and Federal
legislatures and their statutes.

NOTICE:

If any public servant can rebut this Affidavit or any
part of it, he must do so by sworn affidavit of his own,
under penalty of perjury, within three (3) days of
reading this document, or by acquiescence, automatically
agree with all above facs and forever hold his peace.

CONCLUSION:

The government must give evidence rebutting my Declaration
of Domicile or the Indictment must be dismissed, I must be
released immediately, all fines, costs, monies returned,
all liens lifted and damages paid.

At trial my "Revocation of Signature" that I filed with
Escambia County...was entered into the record proving I am
NOT a subject citizen of the Corporate United States.

The U.S. Prosecutors continue to falsely assume and claim
that both I and the Church ministry of CSE are under
their limited jurisdiction.

...I am not a subject citizen of the De facto United
States.

IT IS HEREBY Certified that the facts in the foregoing
ADDENDUM are true and correct to the best of my knowledge
and belief.

Respectfully submitted this 6th day of March, 2011
Kent E. Hovind (signed)
#06452-017
Federal Satellite Camp
2650 Hwy 301 S.
Jessup, Georgia 31599

---------------------
---------------------

[notorial dissent]

My what a marvelous collection of true genuine TP gibberish and nonsense. soon to be filed with the rest of his genuine TP gibberish and nonsense. That must be an awfully big round file they are keeping just for him these days!!!!

[Gregg]

.I am not a subject citizen of the De facto United
States.

Nobody that I know of says you are. Now, the real life United States of America, that's another matter you POS tax cheat.

[Doktor Avalanche]

----------------------------------

Case No. 3:06cr83/mcr
Case No. 3:10cv478/mcr/emt

UNITED STATES OF AMERICA

vs.

Kent E. Hovind
Defendant in Error

ADDENDUM TO DEFENDANT-IN-ERROR'S RESPONSE AND OBJECTIONS
TO THE GOVERNMENT'S CONSOLIDATED MOTION TO DISMISS

I hereby give Judicial NOTICE to all parties of my
true status.

I hereby claim...and now DECLARE my status as follows:

Who and What I am and Where I Stand:

I am Kent E. Hovind, a living, breathing, private Native
American man on the land of my ancestors. I stand under
and serve and pledge allegiance to only one Master, the
Supreme Sovereign God of the universe, my Creator.

My status is equal to that of those "people" who
originally created government with very limited powers.

At all times and under all circumstances I reserve all
of my Creator-given, unalienable, Constitutionally
protected Rights.

My Rights and Status coming as they do from God, I claim
Sovereign immunity from victimless-crime-suits by De
facto State of Florida entities or De facto United States
entities.

I hereby file this Declaration of My Sovereignty and
Domicile pursuant to...

I declare my Sovereign Domicile is now and has been
within the geographical area of Florida state since the
spring of 1990...

Who and What I am Not an Where I do Not Stand:

I hereby declare that I am NOT, by definition, any of the
following:

(1)

A legislatively created "legal" subject or citizen or
resident or statutory "person" of or in the pseudo-
sovereign De facto State of Florida or the semi-pseudo-
sovereign De facto United States.

(2)

A registered voter or involuntary servant or member of
any Body Politic with allegiance to the De facto
corporate State of Florida or the De facto corporate
United States.

(3)

A willing or intentional beneficiary of any cestui que
trust or constructive trust contract, the title to
which is vested in the corporate State of Florida or
the corporate United States.

(4)

A Federal or State corporation-created corporate entity
named KENT E HOVIND or a surety for such specious, dead,
non-substance entity or any derivative thereof.

It does not please me to contract with, associate with,
or stand under any entities other than my Creator and
I fully expect any officer or official reading of this
document to abide by his Oath to uphold said
constitutionally-secured rights Sua Sponte.

Sovereign defined: A Sovereign is a private, non-resident,
non-statutory person, non-individual person, non-corporate,
living man or woman serving one Master, his/her Supreme
Sovereign/Creator, and having the status of and standing
in the shoes of those people who created government and
who are thus immune to victimless-crime-suits by created,
pseudo-sovereign entities such as State and Federal
legislatures and their statutes.

NOTICE:

If any public servant can rebut this Affidavit or any
part of it, he must do so by sworn affidavit of his own,
under penalty of perjury, within three (3) days of
reading this document, or by acquiescence, automatically
agree with all above facs and forever hold his peace.

CONCLUSION:

The government must give evidence rebutting my Declaration
of Domicile or the Indictment must be dismissed, I must be
released immediately, all fines, costs, monies returned,
all liens lifted and damages paid.

At trial my "Revocation of Signature" that I filed with
Escambia County...was entered into the record proving I am
NOT a subject citizen of the Corporate United States.

The U.S. Prosecutors continue to falsely assume and claim
that both I and the Church ministry of CSE are under
their limited jurisdiction.

...I am not a subject citizen of the De facto United
States.

IT IS HEREBY Certified that the facts in the foregoing
ADDENDUM are true and correct to the best of my knowledge
and belief.

Respectfully submitted this 6th day of March, 2011
Kent E. Hovind (signed)
#06452-017
Federal Satellite Camp
2650 Hwy 301 S.
Jessup, Georgia 31599

---------------------
---------------------

When in doubt, go sovrun.