This is somewhat of an update to my last post The 2255 Now Filed: Informative including an explanation and a discussion of the omitted documents. When the great majority of inmates file a 2255 only the form is filed to start with. The instructions on this government form must be followed - read that it states Do not argue or cite law. Just state the specific facts that support your claim under each section. The actual form that Paul must fill-in again, sign, and file ASAP starts on page 14 in this link:
Now I dated it May 27 as I saw something on the docket that showed this as the filing date; however, there is no docket report available on this civil case filing. The 2255 form, the brief, and the entire Appendix was actually filed on May 25, 2016. It was not filed with CDs as I was originally told; it was filed as a hard copy and had to be scanned in.
The clerk's office retitled documents, omitted other documents, and restricted other documents - as of this minute, no one here knows which documents specifically were restricted by the clerk's office, so I am only discussing what I can see and what was filed and entered in PACER. The titles I am using are the same as the clerk's office used and in the same order.
I have no clue why the clerk's office retitled the documents and entered with the new and incorrect titles in PACER, but they did. I also have no idea why the clerk's office omitted so many documents from the Appendix and restricted others, but they did. I will assume that the government asked a friend in the clerk's office to mix it all up, and they certainly did.
The entries titled Appendix are actually the BRIEF:
The entries titled Exhibit are actually the APPENDIX:
Now, on the 11 entries for the APPENDIX, Volume 1 is missing and Volume 6 is missing, You can look at the Table of Contents for Volume 1 (PDF pages 1-8 in Bergrin 2255 Exhibit 1) to see the list of documents the clerk's office chose to omit - a total of 488 pages (P1-P488).
I have most - the great majority - of documents that the clerk's office chose to omit from Paul's APPENDIX in Volume 1 and Volume 6. All of the documents included have some value in the Bergrin defense, but nothing that should be hidden from public view, so I don't understand why they were originally omitted from the docket entries in PACER.Also, they randomly throw in the first page of the TOC in front of numerous volumes.
However, I have been unable to retrieve anything from the NJDC in PACER since late Friday, June 3, 2016, about the time of the Judge's Order terminating Paul's 2255. When I say anything, I mean exactly that - I attempted to view other cases and nothing from NJDC will open in PACER.
Either 1) I have been blocked via my PACER login for NJDC cases; or 2) NJDC has been down since that time on Friday. I have not looked today, so the problem may have been fixed, but I cannot contact PACER until Monday. I will look tonight and update this post with results. To block me alone would be illegal. Two other people have told me they are having the same problem and thought PACER was down, but it is not as I had no issue retrieving cases from other District Courts. We shall find out what this is about soon.
If you see that a specific document is missing from Paul Bergrin's APPENDIX, please do inform me. I may publish some of the missing documents, but first must explore the situation from a legal perspective and then locate each.
The next issue is that Judge Linares "administratively terminated" Paul's entire 2255 filing. This could mean that it will all be deleted from PACER by the time the problem of accessing NJDC cases is fixed. This is the order made and entered in the file on Friday afternoon (June 3, 2016):
To be clear, I do not blame Judge Linares for making this order. No one should be required to read all of this. That's not how a 2255 works, at least not in my experience. The inmate files the 2255 form, the government responds, the inmate responds with the brief, the government requests a list of documents if they do not already have them etc...
This is how it is normally done. But don't blame Paul Bergrin - he has been held practically incommunicado at this CMU for a long time now. They starve him in this CMU. The government has screwed with Paul Bergrin beyond anything that most people can even imagine. Apparently he wants the documents out there so the public can see what the government has done to him from the first minute this fiasco started so long ago.
This filing is so voluminous that it is close to impossible to deal with, especially the way the clerk's office mixed it all up.
UPDATE on June 6, 2016 @12:45AM
Tried PACER again and am still unable to access this case or any other case in NJDC.
UPDATE on June 6, 2016 @5PM
I was able to retrieve the last 4 available attachments from PACER and it seems that NJDC is back up. The attachments are titled Exhibit, but remember they are actually part of the APPENDIX:
Bergrin 2255 Exhibit 12
Bergrin 2255 Exhibit 13
Bergrin 2255 Exhibit 14
Bergrin 2255 Exhibit 15
UPDATE on June 29, 2016 @2:30AM
On June 20, 2016, the clerk's office received and filed the new 2255 local form from Paul Bergrin completed per the judge's instructions:
Bergrin New 2255 Letter June 20 2016
Bergrin New 2255 Form June 20 2016
I have the Motion for a New Trial filed on Monday, June 27, 2016 and the attached certifications. If you would like a copy, you will need to contact me privately and I will send to you as a PDF attachment in email. To contact me just post a comment stating your request and your email address - the comment will not be published and I will respond to the email address.