August 13, 1999, Plaintiff Lambros' motion "PLAINTIFF'S OBJECTIONS TO U.S. MAGISTRATE JUDGE MASON'S AUGUST 4, 1999, REPORT AND RECOMMENDATIONS," in LAMBROS vs.FAULKNER, Civil No. 98-1621. Total of eleven (4) pages including Certificate of Service page.


LAMBROS vs. FAULKNER et al., CIVIL CASE NO. 98-1621 (DSD/JMM)

CERTIFICATE OF SERVICE

I hereby state under the penalty of perjury that a true and correct copy of the attached:

PLAINTIFF'S OBJECTIONS TO U.S. MAGISTRATE JUDGE MASON'S AUGUST 4, 1999, REPORT AND RECOMMENDATIONS

was served the 13th day of August, 1999, to the following:

1. CLERK OF THE COURT
U.S. DISTRICT COURT
DISTRICT OF MINNESOTA
Warren E. Burger Federal Building
316 North Robert Street
St. Paul, Minnesota 55101-1460
One original and two copies
U.S. CERTIFIED MAIL NO. Z-407-993-989

2. Attorney Donna Rae Johnson
Attorney Deborah Ellis
700 St. Paul Building
6 West Fifth Street
St. Paul, Minnesota 55101

3. Internet release to BOYCOTT BRAZIL SUPPORTERS AND HUMAN RIGHTS GROUPS GLOBALLY.

Signed:

JOHN GREGORY LAMBROS, Pro Se

Reg. No. 00436-124
USP Leavenworth
PO Box 1000
Leavenworth, Kansas 66048-1000, USA

End of Certificate of Service


UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

JOHN GREGORY LAMBROS

Plaintiff

vs.

ESTATE/WILL/BUSINESS INSURANCE OF DECEASED ATTORNEY CHARLES W. FAULKNER

ATTORNEY SHEILA REGAN FAULKNER

FAULKNER & FAULKNER

JOHN & JANE DOE'S

Defendants

CIVIL CASE NO.
98-1621 (DSD-JMM)


PLAINTIFF'S OBJECTIONS TO U.S. MAGISTRATE JUDGE MASON'S AUGUST 4, 1999, REPORT AND RECOMMENDATIONS


On August 4, 1999, U.S. Magistrate Judge Mason issued and filed his REPORT AND RECOMMENDATION in this above-entitled action, recommending Defendants' Motion to Dismiss or for Summary Judgement be denied.

Pursuant to Local Rule 72.1(c)(2), Plaintiff offers the following written objections which specifically identify the portions of the August 4, 1999, Report to which Plaintiff objections are made and the bases for each objection:

PAGE TWO (2) OF THE REPORT:

1. In the second full paragraph the court CLAIMS: "On March 26, 1999, this Court then issued another Order attempting to clarify this procedural status. [Docket No. 43]. - - The Order required Plaintiff to file the Amended Complaint by April 7, 1999. - n _ - - fn.l - Plaintiff did not comply with this Order. We have caused the Amended Complaint which the parties have treated as if it were already filed. [Docket No. 55]"

2. Plaintiff objects to footnote 1, "Plaintiff did not comply with

End of page 1


this Order." Plaintiff states this is not a true claim.

3. This Courts January 26, 1999, ORDER, page 2, paragraph 5(c)(1) states, "Plaintiff may serve one additional Motion to Amend. (1) Said Motion to Amend, AND THE PROPOSED AMENDED COMPLAINT, shall comply with the requirements of the Rules of Civil Procedure, and the Local Rules of this Court, and shall be made no later than February 26, 1999."

4. Plaintiff mailed (served) his MOTION TO AMEND and his AMENDED COMPLAINT on February 19, 1999, to this Court and Defendants.

5. Plaintiff believes this Courts March 26, 1999, ORDER, simply clarified the legal order of events to take place within the Courts schedule, offering April 7, 1999, as the date this Court anticipated reviewing this action, as Plaintiff mailed (served) his AMENDED COMPLAINT on February 19, 1999. Therefore, this Plaintiff COMPLIED with this Courts January 26, 1999 and March 26, 1999, ORDERS.

6. Plaintiff requests that this Court delete and/or correct footnote one (1) within its August 4, 1999, REPORT AND RECOMMENDATION.

PAGE THREE (3) OF THE REPORT:

7. In the second full paragraph the Court CLAIMS, "Plaintiff was offered a PLEA BARGAIN OF SEVEN YEARS in prison for all of the charges pending against him. Plaintiff rejected this plea bargain. After a trial, he was convicted of the federal criminal charges and SENTENCED TO A TERM OF AT LEAST 360 MONTHS IN JAIL."

8. Plaintiff requests to clarify that Defendant Charles Faulkner stated to Plaintiff that the government, U.S. Attorneys Office, would RECOMMEND a seven (7) year sentence if Plaintiff agreed to a plea bargain. The seven (7) year RECOMMENDATION (NOT A GUARANTEE) was not included within the governments

End of page 2


written plea agreement. Plaintiff HAS NOT served admissions and/or interrogatories on the U.S. Attorneys Office to date, so as to verify Defendant Charles Faulkner's statement to Plaintiff as to the U.S. Attorneys seven (7) year recommendation to the court, as this Court ORDERED all parties to this action to only comply with this Courts WRITTEN ORDERS as to same. Thus all parties are awaiting this Courts ORDER to resume the serving of admissions and interrogatories in this action. Please note that neither Defendant Charles Faulkner or U.S. Assistant Attorney Douglas Peterson would give this Plaintiff anything in writing as to Plaintiff's PAROLE VIOLATION being dropped if Plaintiff excepted the seven (7) year plea agreement, due to the fact that Plaintiff was arrested on his Parole Violation in Brazil and a PAROLE VIOLATION is not an extraditable crime from Brazil.

9. Plaintiff objects to the following CLAIM, "sentenced to a term of at least 360 months in jail."

10. Plaintiff requests that this Court delete the CLAIM, "OF AT LEAST 360 MONTHS IN JAIL," and replace same with, "OF MANDATORY LIFE WITHOUT PAROLE IN JAIL." See, U.S. vs. LAMBROS, 65 F.3d 698 (8th Cir. 1995).

Plaintiff hereby states under the penalty of perjury that the foregoing is true and correct. Title 28 USC §1746.

DATED: AUGUST 13, 1999 (Today is my Birthday!!!!!!)

JOHN GREGORY LAMBROS

Reg. No. 00436-124
USP Leavenworth
PO Box 1000
Leavenworth, Kansas 66048-1000, USA

PLEASE NOTE: As of May 07, 1999, COMPANION CASE U.S. vs. LAMBROS, Criminal File No. CR-4-89-82(05), District of Minnesota, Eighth Circuit Court of Appeals case No. 65 F.3d 698 (1995), contained 229 CRIMINAL DOCKET ENTRIES AS PER PAGE 18 OF THE DOCKET SHEET.


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For more information write (snail mail) JOHN GREGORY LAMBROS directly at:

JOHN GREGORY LAMBROS
Prisoner No. 00436-124
U. S. Penitentiary Leavenworth
PO Box 1000
Leavenworth, KS 66048-1000
USA

THANK YOU FOR YOUR SUPPORT AND ASSISTANCE IN MY BOYCOTT OF BRAZILIAN PRODUCTS.