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Response to Motion to Dismiss Appeal Due to Failure to Perfect Appeal
DISTRICT COURT, COUNTY OF ADAMS,PEOPLE OF THE STATE OF COLORADO, EX REL, THE CITY OF THORNTON,
Plaintiff/Appellee,
vs.
RICK STANLEY,
Defendant/Appellant
_____________________________________________
Party without Attorney
Richard (Rick) Stanley
6280 E. 39th Ave.
Denver, Colorado 80207
Phone number: (303) 329-0481
Fax number: (303) 329-0498
Case No. CR-2002-006386-MS
(ticket no. 6006970)
03CV0533
Response to Motion to Dismiss Appeal Due to Failure to Perfect Appeal
Aggrieved Defendant, Richard Stanley, hereinafter known as Rick Stanley, without
assistance of counsel, submits this Response to Motion to Dismiss Appeal Due
to Failure to Perfect Appeal to the pleading standard described in Haines v.
Kerner, 404 U.S. 519-521 (See Hall v Bellmon 935 F.2d 1106 (10th Cir. 06/03/1991)
and relies on the Court to explain any deficiency concerning Defendant’s
pleadings as outlined in Platsky v. C.I.A. 953 F.2d. 25. Additionally, pro se
litigants are to be given reasonable opportunity to remedy the defects in their
pleadings. Reynoldson v Shillinger 907F .2d 124, 126 (10th Cir. 1990); See also
Jaxon v Circle K. Corp. 773 F.2d 1138, 1140 (10th Cir. 1985) (1).
1. Thornton, a municipal corporation, has attempted to lead the court to believe,
through their Motion they have brought, that Defendant Stanley has failed to
perfect his appeal. This has been done under fraudulent pretenses.
2. When Defendant Stanley did not hear from the Thornton Court, he contacted
the court on April 18, 2003, and was told the trial transcripts were missent
to 5808 So. Dayton Street, and received back to the court. While the clerk said
that Stanley had not notified the court about an address change, Stanley had
done so with all motions, petitions, and with the appeal. By Stanley’s
count, that is a total of seven (7) times that Stanley gave notice to the court
of his address through pleadings.
3. When the City Attorney has sent copies of Motions, etc. to Stanley, the new
address has been noted and sent to, through the mail.
4. Stanley’s Designation of Record of Appeal, Notice of Appeal, as well
as the Petition and brief outlining errors for this appeal all notify the court
of the correct address.
5. When Stanley discovered this problem, he went to the Thornton Court on April
22, 2003, paid the additional fee of $41.50 for the additional balance of the
transcript fee, and picked up his copy of the transcript.
6. Mr. Stanley has been damaged by the continuing actions of the Thornton Court
and the “time wasted” comments in the City’s Motion is abusive.
Mr. Stanley grows weary of the unconstitutional abuse of the Thornton Court,
but is forced to defend himself from a government body, that is running amok
against the guaranteed and protected state constitutional rights of Mr. Stanley.
The fraud and corruption, exhibited here by the City of Thornton, and it’s
minions is just one more example of judicial misconduct, perpetuated against
a Colorado citizen, that must not be tolerated from this higher court.
7. City of Thornton, continues to trumpet the home rule statute as the authority
for this ordinance, to violate Stanley’s constitutional rights. In Section
H of the Home Rule provision of the Colorado Constitution at Article 2, Section
6, it specifically prohibits any home rule city from making any ordinance that
violates a Colorado citizen’s rights in the Colorado Constitution. This
was affirmed in the recently signed SB-25 which tells all cities in Colorado,
once again, and specifically regarding open carry of a weapon, the cities are
prohibited from making ordinances that violate any state constitution rights.
The cities must have ordinances in harmony, not in violation of the state constitution.
Wherefore, the Defendant/Appellant respectfully requests that the Motion to
Dismiss Appeal Due to Failure to Perfect Appeal be denied. Defendant/Appellant
further requests the Plantiff/Appellee’s twenty (20) day extension request
be denied based upon the judicial misconduct of the Thornton Court and the City
Attorney, Jacob A. Starkovich.
Respectfully submitted this
24th Day of April, 2003
____________________________
Rick Stanley
CERTIFICATE OF MAILING
I hereby certify that a true and correct copy of the foregoing Response to Motion to Dismiss Appeal Due to Failure to Perfect Appeal has been placed in the U.S. Mail, postage prepaid, this 24th day of April, 2003 and mailed to:
Thornton Municipal Court
Attn: DeGina DeMott
9500 Civic Center Drive
Thornton, Colorado 80229-4326
Jacob A. Starkovich
City of Thornton
9500 Civic Center Drive
Thornton, CO 80229-4326
_______________________________
Rick Stanley
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Email Rick Stanley at rick@stanley2002.org |