Bailey's Lament

[LaVidaRoja]

Since New Mexico has TWO official languages (English and Spanish) and the use of the hyphonated surname i.e. Vigil-Giron is customary usage, it is no suprise that the official in question would have used it. I, however, coming from the anglo traditions, will not use Watson-Stevens as my surname. Can't grasp a cultural difference? Try LEARNING something about a different culture.

[Gregg]

Why did the 10th Circuit Court of Appeals use it. I did not request that they do so. Look ! it's obvious You and Yours like the way the present form of government do things. I would ask you where you had your celebration party after the Waco incident but I already know the answer you would give. I will be 1 of 2. Either "It's none of your business or It's a deep dark ILL-lume E knot E secret." So I won't ask.

We had a BBQ.

And Webhick tormented some new interns for our pleasure.

[ArthurWankspittle]

Why did the 10th Circuit Court of Appeals use it. I did not request that they do so.

I'm getting lost here. Can you explain this? The 10th Circuit used what? A hyphenated surname? Please explain why and how this matters? I can't make out if this refers to you or one of the judges? Either way, a hyphenated surname does not somehow make the entire case invalid or cause one side to 100% win over the other.

Further, what has your "request" got to do with it? You can't "request" that the judge uses a different surname so presumably we are talking about your surname. So does it matter which alias or spelling of your surname that you use, when it is you that is in court pleading your case?

[Donald Bailey]

The 10th Circuit Court typing My name and surname with punctuation, since it is gibberish,etc.
Once again, I thought my answer would be received by the person I thought it would go to who would have understood without me being more specific. Hopefully, this message will be received by whoever said "I'm getting lost here." I apparently still do not know how or who to correctly send my responses.

[Donald Bailey]

Anglo "Traditions? " Is there some kind of Transforming meant in that word? Traditions? I am of Anglo by Blood/Birthright. Anyway, I see we are neighbors. Am I being too nosy by asking what part of the Land of Enchantment you live in? "Enchantment." I did a lot of research on that word.Very interesting results. By the way, You have beautiful name.

[wserra]

I apparently still do not know how or who to correctly send my responses.

If you wish to direct a post to the attention of someone in particular, there are two ways to do so: use the person's login in the body of your post as if you were addressing him or her, or quote the previous post you wish to answer (as I did in this post). When you are reading a post, you'll see a button labelled "Quote" above it. Click it, and it will open a reply window with quote tags around the text of the post you were just reading. It is poor form to quote an entire post if you only respond to one sentence, so you can edit the post you're quoting.

[Thule]

Anglo "Traditions? " Is there some kind of Transforming meant in that word? Traditions?

Transforming?? Jeez... Look, a lot of the things we do have no inherent meaning. How to spell names, for instance. Call yourself Donald:Bailey all you want, but don't expect this will shield you from prosecution if you do something illegal.

Looking for patterns and hidden meanings where there are none will make your gray matter go ga-ga.

[Donald Bailey]

I apparently still do not know how or who to correctly send my responses.

If you wish to direct a post to the attention of someone in particular, there are two ways to do so: use the person's login in the body of your post as if you were addressing him or her, or quote the previous post you wish to answer (as I did in this post). When you are reading a post, you'll see a button labelled "Quote" above it. Click it, and it will open a reply window with quote tags around the text of the post you were just reading. It is poor form to quote an entire post if you only respond to one sentence, so you can edit the post you're quoting.

Thank You! Thank You! Thank You!

[notorial dissent]

So numbnutz is upset that Rebecca Vigil-Giron uses a traditional Spanish name format. I'm equally certain that she is not concerned in the least.

[Pottapaug1938]

So numbnutz is upset that Rebecca Vigil-Giron uses a traditional Spanish name format. I'm equally certain that she is not concerned in the least.

I think that it's a lot more telling, when weighing the idiocy of his assertions about names, that this foolishness about punctuation and hyphens in a name was unknown until recently when some crackpot came up with this hypothesis (and the one about JOHN DOE vs. John Doe [or John: Doe]). It's not John: Adams, John-Quincy: Adams and their wives who are buried across the street from where my Scout troop will meet, tonight, for example. If you traveled back in time and wrote a letter to Myles: Standish, the Pilgrims would have thought you odd.

The punctuation/hyphen delusion is the legal equivalent of the Sioux Ghost Dancer shirts which were promised to shield the wearer from bullets but which didn't stop the Wounded Knee massacre. Those who hold the delusion fervently believe that their affected: name will shield them from the nefarious gummint and allow them all sorts of (reverent bow of head) Liberties Under the Common Law (head back up).

Better them than me, I guess.

[ArthurWankspittle]

The 10th Circuit Court typing My name and surname with punctuation, since it is gibberish,etc.

No, still not understanding this. That, to me, means your surname is gibberish. I suggest it can't be, as it's a surname i.e. a name by which you wish to be, try to be, or are recognised by others. It does not negate the fact that it is you*. Neither will the use of a pseudonym or series of pseudonyms allow you to claim that a court case you lose is null and void.

(* Her name was McGill, she called herself Lil, but everyone knew her as Nancy.)

[Pottapaug1938]

The 10th Circuit Court typing My name and surname with punctuation, since it is gibberish,etc.

No, still not understanding this. That, to me, means your surname is gibberish. I suggest it can't be, as it's a surname i.e. a name by which you wish to be, try to be, or are recognised by others. It does not negate the fact that it is you*. Neither will the use of a pseudonym or series of pseudonyms allow you to claim that a court case you lose is null and void.

(* Her name was McGill, she called herself Lil, but everyone knew her as Nancy.)

I have this vision of Donald sitting in a prison cell somewhere, whining like a preschooler about how he shouldn't be there because the court convicted DONALD BLAINE BAILEY of a crime, while Donald-Blaine: Bailey is the one who's in prison (if you're listening, Sparky, I hope that you smarten up before you find out this lack of legal distinction the hard way).

[LPC]

The 10th Circuit Court typing My name and surname with punctuation, since it is gibberish,etc.

I tried looking up the 10th Circuit opinion/order on PACER to see what the 10th Circuit actually might have said instead of what DB imagines it said. There are two cases docketed under "Bailey, Donald-Blaine," Nos. 00-2102 and 00-2233, but the 10th Circuit does not supply links to the opinions, and both were unpublished. The first was dismissed for lack of appellate jurisdiction, and the other for lack of appellate jurisdiction. Both arose from the same district court case, and DB apparently tried to appeal a non-final order.

Although the circuit court does not have the decisions on-line, the district court has a copy of the opinion dismissing the appeal as moot, and it explains a lot. (Skip to the end if you can't stand the suspense.)

The district court case was filed in New Mexico, No. 1:00-cv-00242-JEC -LCS, and was a request for an injunction against the Attorney General, a district attorney, an assistant district attorney, and another lawyer whose role does not appear from the docket. The docket does show the following gems:

03/07/2000 4 ORDER by Magistrate Judge Leslie C. Smith granting in part pltf's ntc of defects/errors and requests for correction [3-1], filed 2/25/2000; the docket shall reflect that pltf's preferred name is Donald-Blaine Bailey; the mtn is denied in all other respects (cc: all counsel*) (jrm) (Entered: 03/08/2000)

04/10/2000 12 ORDER by Magistrate Judge Leslie C. Smith granting in part pltf's mtn to reconsider order [7-1]; Clek {sic} shall take reasonble steps to accommodate pltf's request to correct caption to indicate that pltf's name is Donald-Blaine [Bailey] {sic} (cc: all counsel*) (jrm) (Entered: 04/11/2000)

04/14/2000 15 CONSTRUCTIVE NOTICE and declaration of treason: demand for repentance; addendum to positive identification by plaintiff(jrm) Modified on 04/21/2000 (Entered: 04/14/2000)

04/26/2000 20 NOTICE by plaintiff of private demand for the ascertaining of the nature and cause of the proceedings per the New Mexico Constitution, Section 14, third paragraph, Bill of Rights - (LIMITATIONS) as purviewed via the twenty third section (jrm) (Entered: 04/27/2000)

06/08/2000 30 NOTICE by plaintiff re: rescission of Social Security Policy and Application Ntc by Affidavit (jrm) (Entered: 06/08/2000)

The complaint was dismissed, and DB appealed.

The decision of the 10th Circuit in No. 00-2233 was recorded on the docket of the district court, and it explains the nature of the case and why it was moot:

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Plaintiff Donald-Blaine: Bailey, appearing pro se and proceeding in forma pauperis, appeals the district court's dismissal of his action. We dismiss the appeal as moot.

Plaintiff commenced his action in federal district court by filing an "Emergency Request for Hearing; Temporary Restraining Order; and Declaratory Judgment." Plaintiff sought a temporary restraining order against the district attorney's office to stay proceedings in his state criminal case until it was finally determined whether he was a United States citizen, and if he was found not to be a United States citizen, "whether or not [plaintiff] is still amenable to procedural due process as is mandated by the Fourteenth Amendment." Record, Doc. 1 at 19. Defendants filed a motion to dismiss based on immunity and failure to state a claim. Defendants also raised a comity argument by asserting the court should not exercise its jurisdiction given the pendency of the state court criminal action. The district court granted defendants' motion to dismiss.

Defendants filed a suggestion of mootness with this court on November 6, 2000. Attached to the pleading is a copy of the state district court's order of August 1,2000, dismissing the state criminal action because plaintiff was found incompetent to stand trial.

We agree with defendants' suggestion and dismiss this appeal as moot. See F.E.R. v. Valdez, 58 F.3d 1530, 1533 (10th Cir. 1995) (dismissing claim as moot because the explicit objective of the proposed injunction had been met).

The appeal is DISMISSED.

[Demosthenes]

Attached to the pleading is a copy of the state district court's order of August 1,2000, dismissing the state criminal action because plaintiff was found incompetent to stand trial.

I wonder if he was a victim of the Commonwealth con artists.

[Famspear]

Apparently Donald has a long history of inability to cope with the requirements that he drive a vehicle with a license and comply with registration requirements.

See

State v. Bailey, 118 N.M. 466, 882 P.2d 57 (N.M. App. 1994), at:


http://scholar.google.com/scholar_case? ... 24&scilh=0

[Pottapaug1938]

Apparently Donald has a long history of inability to cope with the requirements that he drive a vehicle with a license and comply with registration requirements.

See

State v. Bailey, 118 N.M. 466, 882 P.2d 57 (N.M. App. 1994), at:


http://scholar.google.com/scholar_case? ... 24&scilh=0

I'm guessing that either Bailey's schools never taught any sort of civics (a pet gripe of mine); or if they did, they taught it on a Classic Comics level or else Bailey was in the back of the class, staring out the window, when the rest of the class was paying attention to the teacher.

[The Observer]

I'm guessing that either Bailey's schools never taught any sort of civics (a pet gripe of mine); or if they did, they taught it on a Classic Comics level or else Bailey was in the back of the class, staring out the window, when the rest of the class was paying attention to the teacher.

Or Bailey just spent time arguing with the teacher about the subject material and why they were wrong and he was right.

[wserra]

Hey, guys:

plaintiff was found incompetent to stand trial.

[ArthurWankspittle]

The 10th Circuit Court typing My name and surname with punctuation, since it is gibberish,etc.

No, still not understanding this. That, to me, means your surname is gibberish. I suggest it can't be, as it's a surname i.e. a name by which you wish to be, try to be, or are recognised by others. It does not negate the fact that it is you*. Neither will the use of a pseudonym or series of pseudonyms allow you to claim that a court case you lose is null and void.

(* Her name was McGill, she called herself Lil, but everyone knew her as Nancy.)

I have this vision of Donald sitting in a prison cell somewhere, whining like a preschooler about how he shouldn't be there because the court convicted DONALD BLAINE BAILEY of a crime, while Donald-Blaine: Bailey is the one who's in prison (if you're listening, Sparky, I hope that you smarten up before you find out this lack of legal distinction the hard way).

This is why I asked the other off topic question earlier. If you claim your 1040/OID/whatever refund and the check comes back made out to JOHN DOE, presumably you don't cash it as it isn't made out to you?

[ArthurWankspittle]

Hey, guys:

plaintiff was found incompetent to stand trial.

As was DMVP IIRC. Think of Quatloos as a public service, charity, type of organisation. Or like the IOC - everyone can play....