The mere lack of a mechanical rule does not seem to me a basis for an appeal, especially in this case when 10% funding and less has uncontested caselaw support. I don't think there being another reasonable way for the judge to proceed is grounds for appeal -- I think you have to show error in law or equivalently complete unreasonableness.In any event, good arguments could be made in both directions it would appear, and the appellate court will need to examine the significance of the issue to the public as a whole, which I believe will be the deciding factor at the 10% level. If it were 50%, I believe it would be fairly clear that jurisdiction is present.
Got any juice with federal appellate judges?
Even if I had influence with federal appellate judges, it would inappropriate for me to exercise it. (It would be quite the criminal conspiracy to rig a federal appeal in the 9th circuit as the judges are randomly selected in panels of 3 from various states.) But to my best information, no one who posts on this forum has influence with any federal judges or the policy makers of the defendants.
But if you do have a hearing, the odds favor a San Francisco trial. (Honolulu seems the next most likely to me.)
Is it demonstrated that most of us act like jerks? You seem to focus on Read-Only and then generalize to the rest of us.
But this is the case with all the anti-LHC plaintiffs. Not one has mastered GR, particle physics or other physical theories to the extent which is required to argue meaningfully.
You keep on changing your charges and generalizing to some group larger than the data supports. Is the problem jerks or bullies?
No one knows someone over the Internet. There has never been something called common decency between people who do not see each other as peers. It is clear that Read-Only doesn't consider Walter Wagner his peer, chum, or buddy so it would very unnatural to see Read-Only's behavior change before the relationship changes.
I disagree with your conclusion.
What is the basis of this proposed example
Could you actually illustrate this behavior on a thread other than this one?
Could you elucidate?
(Which would imply a price tag of $10-13 billion for LHC.) Further, for the actual collider construction costs, the International Agreement provides "any increase in funding requirements for the LHC shall be the responsibility of CERN." The Strauss affidavit is supported in these statements by attachments 3 (dated December 1999), 4 (dated December 8, 1997), 8 (dated December 1, 1998), and giving the greatest breakdown of the spending in one place: 9 (dated February 2008).Despite the differences between U.S. and European accounting practices, the DOE contributions to the construction of the LHC accelerator and the detectors are about 8% of the total cost. Including labor costs, DOE's contributions to the construction of the LHC accelerator and the detectors are about 4% of the total cost of the LHC.
which is a rejection of special pleading.It thought the severity of the harm is relevant to whether NEPA requires consideration of an effect. This cannot be the case. NEPA addresses environmental effects of federal actions. The gravity of harm does not change its character.
Oh, and Saxion, all the Internet bullying I see described is defined between children and teenagers who go to the same school, so the term appears inappropriately co-opted to apply to Read-Only messages on this thread. You say everyone has a right to voice their opinion, but if that is a baseless opinion and the spreading of that opinion causes harm, riots, suicide, arson, etc. then surely the ignorant fearful disseminators bear responsibility for that harm. Is this not the lesson of witch trials? Also, there is tension between your criticism of Read-Only, who voices his opinion from a basis, and your support for free speech of the fearful yet ignorant.
I mostly find Read-Only annoying for his laughter that reminds me of the laughter of the “ungodly” in a Jack Chick tract. On this thread, (remember, I'm relatively new here) I don't see that his behavior is beyond the pale.
At the end of the Analysis, Judge Gillmor refers to the unanimous Supreme Court decision in Metropolitan Edison Co. v. People Against Nuclear Energy, 460 U.S. 766 (1983) which reads, in part: which is a rejection of special pleading.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=460&invol=766
About 11 days remain. I am doubtful that this case will ever be about physics, although if Wagner and Sancho should win the appeal, then the judge could get around to talking about "standing" which is about the hypothetical injury Wagner and Sancho describe and "mootness" which is a basic physics issue, in a way.The appeal will be filed within the appropriate time limit [30 days].
The plan for removal/reinstallation, transport and repair of magnets in Sector 3-4 is being established and integrated with the maintenance and consolidation work to be performed during the winter shutdown across the whole CERN facility. The corresponding manpower resources have been secured.
Luis Sancho
PO Box 411
Honomu, HI 96728
808-XXX-XXXX
In the United State District Court
District of Hawaii
Code:| Luis Sancho, et al., ) Civil No. CV08-00136 HG | Plaintiffs ) Notice of Appeal | ) | vs. ) | ) |US Department of Energy, et al., ) |__Defendants_____________________)
NOTICE OF APPEAL
Plaintiffs hereby provide Notice of Appeal that they appeal the final decision of this Court dated September 26, 2008 granting dismissal. A copy of the decision appealed from is attached hereto.
Dated: October 17, 2008
_(signed)_______
Walter L. Wagner
US vs. Satan said:Plaintiff ... prays for leave to proceed in forma pauperis. He alleges that Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of the plaintiff, that Satan has placed deliberate obstacles in plaintiff's path and has caused plaintiff's downfall.
Plaintiff alleges that by reason of these acts Satan has deprived him of his constitutional rights.
We feel that the application to file and proceed in forma pauperis must be denied. Even if plaintiff's complaint reveals a prima facie recital of the infringement of the civil rights of a citizen of the United States, the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court. We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district.
...
We note that the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process. [ed. So the Plaintiff was unwilling to tell the US Marshal to go to Hell?]
For the foregoing reasons we must exercise our discretion to refuse the prayer of plaintiff to proceed in forma pauperis.
http://members.aol.com/schwenkler/wcc/tyler.htmTyler vs. Carter said:A plaintiff asserting fantastic or delusional claims should not, by payment of a filing fee, obtain a license to consume limited judicial resources and put defendants to effort and expense.
Well, watching legal deadlines come and go is about as interesting watching paint dry (apologies to physical chemists who do just that....). But I was wondering where Walter Wagner has gone off to. (Not for the first time, and I remain disappointed that we may never get to read the transcript of his argument for Judgment of Default versus CERN.)
Circa October 20, he was busy on a cluster of apparently closely networked blogs where the subject was Wagner's representation of his own credentials as given to this court and elsewhere. The response has not been very positive.
Now, I'm interested in researching WLW's W-L record in court. I think his greatest legal victory was walking away from an acquittal when charged by the Monterey D.A. with contempt of court. But he lost both the lawsuit he filed in retaliation and the appeal, whereupon I learned of it. Far from being a vindication, the appellate court suggested the D.A. erred in undercharging WLW. Ouch! The biggest problems in compiling a W-L record include that there's no National ID to quickly and uniquely identify which Walter Wagners are our Walter Wagner and that even in the Federal Court system, PACER is not an all-seeing eye. Like the internet itself, the PACER database is weak when it comes to the world that existed before Google and there are non-federal courts which don't seem to embraced the spirit of PACER at all.
Of Luis Sancho, I don't know what to think. He seems to have left all the work to WLW, including the drafting of most motions and the notice of appeal. When it comes to pro-se Plaintiffs, two heads did not seem to fare significantly better than one.
This thread was created and allowed to exist on the premise that at some point we were going to get to the physics of the claims, something that WLW indicated little interest in doing out of court in this thread. But as the US Goverment moved and the district court agreed, it would be a waste of time for Federal courts to examine the facts of a case where Federal law doesn't give the court power to do anything. I'll try to remember to check back on Tuesday to see if anything's changed.
Well, watching legal deadlines come and go is about as interesting watching paint dry (apologies to physical chemists who do just that....). But I was wondering where Walter Wagner has gone off to. (Not for the first time, and I remain disappointed that we may never get to read the transcript of his argument for Judgment of Default versus CERN.)
Circa October 20, he was busy on a cluster of apparently closely networked blogs where the subject was Wagner's representation of his own credentials as given to this court and elsewhere. The response has not been very positive.