unhinged rant

[rogfulton]

It's not possible to say if Paul Hupp, the author of this rant, is a sovrun defier of the ebil Tmen but it sure sounds like he could be. Definitely NSFW language. Bonus, bad spelling and no citations.

http://kevinunderhill.typepad.com/Docum ... tition.pdf

I found the article from a link on a sister blog News of the Weird.

UPDATE: he mentions civil unrest nine times in a nine page filing and includes the sentence

Wrong bitches.

[grixit]

He says "civil unrest" and "doorstep".

*Knock!* *Knock!* "Good day, Sir or Madame, if you can give me just 5 minutes of your valuable time, i'd like to tell you about the bemefits of joining an angry mob..."

I'm pretty sure that the court will reject the filing for being abusive or maybe for being more a manifesto than an appeal.

Otoh, if it's really true that a $6000 original has somehow become an $80,000 debt, i'd say there's a real case to be made. Too bad he decided to sovrun it up.

Oh and also: a lot of people don't end up in the profession their formal education was designed for, strange that no one else seems to think that exempts them from paying back their loans.

[Dr. Caligari]

My favorite part: "the 9th Circuit is adjudicating the case with three (3) ass clowns acting as judges." Nothing like a lawyer-like parenthetical (3) in the midst of an unhinged rant.

[Dezcad]

Not surprisingly, the petition for rehearing was denied, but the Court ignored his nonsense.

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In the Matter of: PAUL HUPP,Debtor.
PAUL HUPP,Appellant,
v.
EDUCATIONAL CREDIT
MANAGEMENT CORPORATION,Appellee,
UNITED STATES OF AMERICA,
Intervenor - Appellee.
No. 08-56403
DC # 3:08-cv-00414-H-RBB
California (San Diego)
ORDER
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges
The panel has voted to deny the petition for panel rehearing.
The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R. App. P. 35.
Hupp’s petition for panel rehearing and petition for rehearing en banc are denied.
No further filings will be accepted in this closed case.
FILED
AUG 30 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

He then filed a Motion for Extension of time to file a petition for cert with the SCOTUS and he stills has until Dec 12, 2010 to do so.

September29,2010
WilliamK.Suter
ClerkoftheCourt
(202)479-3011
Clerk
UnitedStatesCourtofAppealsfortheNinth
Circuit
95SeventhStreet
SanFrancisco,CA 94103-1526
Re:PaulHupp
v.EducationalCreditManagementCorporation
ApplicationNo.10A320
(YoburNo.08-56403)

DearClerk:

The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Kennedy, who on September 29, 2010 extended the time to and including December 12,2010.
This letter has been sent to those designated on the attached notification list.
Sincerely,
William K.Suter,Clerk
by
Clayton Higgin

[Gregg]

Plaintiff has news for these slime ball, piece of shit, ass clownjudges (Bowie, Canby,
6 Thomas and Fletcher-this means you) that think they are going to rig the system and railroad the
7 poor and innocent- such as blocking the discovery process so the poor cannot defend themselves,
8 commit perjury in their orders and a host of other constitutional violations, and do it with
9 impunity that is simply not going to happen in this case. You cock suckers are now on notice

Now how can they deny him after flattery like that?

Okay, show of hands, who wants this loser (who in addition to this display of good judgment and discretion, apparently has failed the California Teacher's Examination) teaching at your kid's school? If so, how many of you would be getting your 9 year old a CCW permit for school?

[Gregg]

Begging the question, just exactly what do you have to do to get sanctioned in this court?

In the late 90's there was a married couple who worked at the Rouge Plant, and after a time the man found his wife was having an affair with a supervisor. He lost it, came into the plant with a gun, killed the supervisor and injured a few others' (Up until this point these are true facts I can verify, the rest of it I just believe, knowing Ford)
Guy goes to court, is acquitted by reason of insanity, is committed to a mental hospital. Because he was legally not responsible, the union successfully manages to keep him from being fired and to this day he is on medical and drawing disability from Ford Motor Company.

A story I tell whenever I get a new boss, followed by the moral, which is....

In order to get fired, I have to kill my boss at least twice, and I haven't killed my first one yet. Boss.


But I don't think Ford would put up with a rant like the one this ass hat wrote.

[LPC]

No further filings will be accepted in this closed case.

A clue for the clueless.

Go file your rants somewhere else.

[LPC]

Looking for other commentaries on Mr. Hupp, I found a blog entry subtitled "Mastering Appellate Advocacy."

I also ran across a citation to a published opinion denying a "Motion to Kiss My Ass" (which notes that the order to show cause why Rule 11 sanctions should not be imposed resulted in an immediate interlocutory appeal).

[Nikki]

Checked out the address on the document on one of the satellite map services.

Single homes, some with pools -- not too shabby.

Must be living in his parents' basement.

[notorial dissent]

So, in other words, he is a student loan deadbeat that the CA school system refused to credential because he hasn't paid back his loans. Big whoop!!! He also has a filthy mouth, to the point I am not sure the public would want him teaching school.

[rogfulton]

When I consolidated my student loans (1990), the weighted average interest rate was 9%. By the time I was trying to buy a house (1995), I had defaulted on my loan but the holder of the note was kind enough to reinstate the loan at the original rate. Even so, the original $10k I borrowed ended up costing me nearly $30k but, in the end, I feel it was money well spent.

I would think that in this, the age of the penalty rate, it would be entirely possible for the original $6k to become many multiples of the original. Especially if Knucklehead were reporting the total amount it would cost him over time to pay at a penalty rate.

Also, part of the rant hints at bankruptcy issues. It would be interesting to see what his bankruptcy court file reports; ie, whether he got in trouble for fraudulent filing.

[Demosthenes]

The home is in a nice, clean golf community called Solera outside of Palm Springs. It's a Del Webb community and home ownership is limited to 55+, so it's likely his parents' home.

[Dezcad]

I checked the bankruptcy docket and found a number of interesting facts. It appears that Paul Hupp utilized the services of a Gordon L. Gooch to assist in the preparation of the bankruptcy paperwork for $125. This was not disclosed in violation of 11 USC 110 and the US Trustee moved to assess a fine against Gordon L. Gooch.

From the US Trustee's Motion to Impose Fine:

2. The debtor's petition for relief indicates that it was filed in pro per. Commencing in January 2006, the debtor utilized the services of an individual named Gordon L. Gooch to prepare the documents filed in the instant case. See Trascript of 11 USC 341(a) Meeting of Creditors at 3, lines10-23, attached as Exhibit "1" to the Declaration of David Ortiz in Support of the United States Trustee's Motion to Impose Fines Pursuant to 11 U.S.C. 110 ("Ortiz Declaration").
3. The debtor found Mr. Gooch through a "Google" search over the Internet. Id. The debtor paid $125 for the document preparation services.

Ultimately the Bankruptcy Court fined Gordon L. Gooch $5,000 for the violations.

Paul Hupp reported $50 worth of household goods, a $30 10" color tv, $100 worth of clothing and a $500 1986 Nissan Truck (all of which were claimed and allowed as exempt property).

Most troubling is that Paul Hupp listed only two creditors-

Chapman University for a 1997 debt of $4,000 and United Student Aid Funds for a 1986 Student Loan listed as $64,000.

For income, it was listed as $0.00 for 2006 to date, $700 for 2005 and $200 for 2004.

Sad.

[Gregg]

So he went to college in 1986 and since then, despite dilligent efforts on his part (I'm sure) was unable to get a job as a teacher for 20 odd years?

I'm going along with a hybrid theory of the speculations made here, he's spent 20 years smoking dope in his parent's basement. His brain fired and he finally went over the edge.

Again, show of hands, who wants this guy teaching where your kids go to school?

[Dezcad]

From the Bankruptcy Court decision, some background on Paul Hupp.

The Plaintiff borrowed approximately $7,300 in the late 1980's to attend college. He testified at trial that he graduated with a teaching degree in 1987. The student loans were consolidated in 1991, and he requested and obtained deferments for many years. The loan was
declared in default in 1998. The Plaintiff contends that the balance has now increased from $7,300 to an amount between $60,000 and 70,000. From his testimony, he is a relatively healthy 47 year old male with no dependents. He has worked at different jobs over the years, and when he had sufficient income, he repaid higher interest credit card debt instead of the lower interest student loans. He has been unable to obtain long term employment as a teacher due to a no contest plea to a charge of contributing to the delinquency of a minor in 1982. He has a substitute teaching credential, but described that position as not being worth pursuing because he only receives $105 per day and it is not full time. He also holds a real estate sales
associate license, but is not presently affiliated with a broker. In 2003, he obtained a law degree from Michigan State University, but has not yet passed the bar. He stated that he cannot be a teacher or a lawyer without a clear background check. Since graduating from
law school, he has been involved in this case and other lawsuits. He testified that he has spent over three thousand hours trying to have this debt discharged. He presently lives with his mother, and gave no further information concerning his living expenses.

(bolding added)

He has continued his litigation and recently had this entered in one of his cases:

The plaintiff is Ordered To Show Cause why he should not be declared a vexatious litigant in light of the numerous in forma pauperis applications he has made to file complaints against the same defendants named herein. Specifically, pursuant to Fed. R. Evid. 201, the Court takes judicial notice of the following filings by plaintiff: (1) Hupp v. Kurpinsky, case no. EDCV 07- 0620(RC)(“Hupp I”); (2) Hupp v. Kurpinsky, case no. EDCV 07-0728(RC)(“Hupp II”); (3) Hupp v. Kurpinsky, case no. EDCV 09-1597-UA(RC)(“Hupp III”); and (4) Hupp v. Kurpinsky, case no. EDCV 10-0413-UA(RC)(“Hupp IV”).

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Eastern Division - Riverside)
CIVIL DOCKET FOR CASE #: 5:10-cv-00413-UA-RC

To which Hupp filed a reply containing the following:

PLAINTIFF PAUL HUPP'S REPLY TO THE DIS-HONORABLE ROSELYN M. CHAPMAN'S MARCH 24, 2010 ORDER TO SHOWCAUSE

This case is about as simple a case as one can be which involves due process violations
by a state agency, specifically the State Bar of California ("Bar"), but apparently it is too
complex for the pea sized brain of Chapman to comprehend or understand, so Plaintiff will try to
break it down into baby steps for Chapman.

Only the simpleton mind of a progressive surrender monkey could come up with such nonsense.

The notion that this case does not have "subject matter jurisdiction" is complete and total bullshit. Chapman knows that, Plaintiff knows that and any 3rd grader would know it.

Hey Chapman, try to your head out of the Bar's ass long enough to read this case;

That clearly shows what a little chicken shit Chapman really is.

Chapman, why don't you pull your pea brained head out ofthe Bar's ass and for ONCE
do the right thing, which is to uphold the Constitution and laws of this country, you goddamned
slime ball piece of shit.
It is because of surrender monkeys like you that the Bar pulls this kind of bullshit-because
spineless jellyfish like you play politics with peoples livelihoods- instead of holding a dirt bag
state agency responsible for their Constitutional violations. You're a disgrace to the federal
bench.
And I will be happy to repeat anything I have said in this brief to your face-name the
time and the place and I will be there.

Guess what, he lost.

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
PAUL HUPP, ) Case No. EDCV 10-0413-UA(RC)
)
Plaintiff, )
vs. ) ORDER DECLARING PLAINTIFF ) TO BE VEXATIOUS LITIGANT
VICKI KURPINSKY, aka )
VICKI CASTELLANOS, et al., )
)
Defendants. )
)
On March 24, 2010, the Court issued an Order to Show Cause why plaintiff should not be declared a vexatious litigant for repeatedly filing in forma pauperis declarations with lodged civil rights complaints against Vicki Kurpinsky, Debra Murphy Lawson and Djinna M. Gochis, employees of the State Bar of California, and afforded plaintiff the opportunity to file objections to the Order to Show Cause. In response, plaintiff has filed a reply and a supplemental reply to the Order to Show Cause, as well as other documents. The Court, having considered all documents, finds good cause exists to declare plaintiff a vexatious litigant.
ORDER
Pursuant to Local Rule 83-8.1, and for the reasons set forth in the Order to Show Cause, it is determined that plaintiff Paul Hupp is a vexatious litigant, and the Clerk of Court shall not file any in forma pauperis applications with lodged civil rights complaints against Vicki Kurpinsky, Debra Murphy Lawson, Djinna M. Gochis or any other employee of the State Bar of California, or the State Bar of California, without the payment of the filing fee and without prior written authorization from a District Judge or Magistrate Judge issued upon such showing of evidence supporting the claims as the judge may require.
This Order shall be served on plaintiff Paul Hupp and the Clerk
of Court.
DATE: June 28, 2010
AUDREY B. COLLINS
CHIEF UNITED STATES DISTRICT JUDGE

[Gregg]

Whomever the teachers are over at MSU, they sure do teach that "how to get the Judge on your side" a lot different than any law school I ever heard of!

But still, is the 9th Circuit a Circus or what? Especially in light of the fact that some reputable school gave this Bozo a J.D. what has this guy gotta do to draw sanctions? Even in the small sample of his writings I've seen here in the last two days show a few passages that are borderline threats. Or do the Judges out there just take a 'boys will be boys" attitude?

[bmielke]

Why would he not try and pass the MI bar first? I assume that MSU teaches for the MI Bar.

I mean he spent three years in Michigan, surely he could have found a job up there, made some cash doing something.

[notorial dissent]

So, to recap, he is a student loan deadbeat that got kicked out of bankruptcy court because he lied about his filing, and he is blaming the judge because they won’t clear the debt and it is all their fault that the CA school system refused to credential him because he hasn't paid back his loans. AND - WAIT FOR IT.... with CTDM charges, as well as other unspecified and probably not so minor little peccadillos for which he will NEVER get teaching cert now, as well as a the law license that he will never qualify for for the same reasons.

This guy is a for real winner, no wonder he is living in his mother’s basement. I would also say there are some serious anger management and impulse/personal control issues that will disqualify him from either venue. I am surprised that the can get substitute teaching positions as his prior record should disqualify him there as well. In most places I am familiar with you have to meet the qualifications for a teaching cert in order to do substitute teaching because of the liability issues. I have a hard time believing that he could even come close to passing a background check for certification, and with what he would be showing why would any district want to take the risk of having him on premises. I’ve heard of districts firing teacher for outstanding parking tickets, this just doesn’t make any sense. He really does not belong in the public schools, and I shudder at the thought of him ever actually practicing law, even scarier, although I have a feeling it wouldn’t be for very long.

[JamesVincent]

If Im reading this correctly, he started school after he was convicted of the delinquency charge. As far as I remember, you cant even work in a school with a conviction like that. So he knew before he started that he would not be able to be a teacher at all. So he probably went to school, did the minimum required to pass, and collected whatever government assistance it qualified him for and used the student loans to party. Then when it got to where he had to work he went back and went after his J.D. and did the same thing. Neither degree allows you to do what you study for until after you pass a state exam, which he never did. He never had any intention of doing anything meaningful and is just trying to find a way out of working for life. Betcha a Liberty dollar he tried to get more student loans and use them to pay back his old student loans on the sly and got caught and thats why hes pissed off.

[LPC]

He has been unable to obtain long term employment as a teacher due to a no contest plea to a charge of contributing to the delinquency of a minor in 1982.

It's possible that this is due to some problem about buying some beer for some students, but it's more likely to be a watered-down charge relating to statutory rape, or pederasty.

In which case he can (and should) kiss his teaching career goodbye.