RELIEF FROM JUDGMENT/ORDER Newly DISCOVERED EVIDENCE Rule 60 et, al.
DISMISSAL OF FTCA SUIT IN CASE DOCKET NO.: 1:18-CV-00859 LAWSUIT WHICH A SERIOUS FACTUAL PATTERN AND NOW ALLEGATION OF A CAUSE OF ACTION HAS BEEN MADE BE VIOLATING OF PROCEDURAL DUE PROCESS AS IT HAS DEPRIVED PLAINTIFF OF EQUAL PROTECTION OF THE LAW VIS A VIS A PARTY WHO IS NON-REPRESENTED BY COUNSEL AND FEDERAL RULES OF CIVIL PROCEDURE RULE 60(B)(2) – RELIEF FROM JUDGMENT AND ORDER Newly DISCOVERED EVIDENCE AND THAT:
It has been bought to the attention of federal court judge Jorge L. Alonso and Kristen E. Rah Assistant United States Attorney that Jessie Brown VA Hospital Medical Center was not only refusing Mr. Cobbs treatment that followed by negligence of VA employees negligence acting within the scope of their employment VA refusing to robing Mr. Cobbs of property, Liberty, and Money, that was supposed to be paid to Reg. Agent Mr. Edward Tucker at the Address of 218 N. Hamlin Blvd Chicago, IL 60624, whom was deprived of rent taken from him by an Employee et, al., of Jessie Brown VA Hospital Medical Center a Miss/Mrs. Corrine Donley et, al. (SEE NOTE FORM SOCIAL WORKER EMPLOYED AND EMLOYEE AND LCSW AT JESSIE BROWN VA HOSIPITAL MEDICAL CENTER MISS/MRS., LUCIA SPINELLI, ATTACHED TO THIS PETTION.
The FTCA is a federal law that allows plaintiffs injured by the negligent acts of federal employees to file claims against the United States for damages.
Rule 60. Relief from a Judgment and Order and including Rule 60(b) and (b)(2).
(b) GROUNDS FOR RELIEF FROM A FINAL JUDGMENT, and ORDER. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
I, plaintiff Calvin Ray Cobbs Sr., None representented by an attorney Pro Se Litigant in federal court case docket No.: 1:18-cv-00859 that has been closed because of the proper Phy had it bought to his attention that the negligent health care provider Jessie Brown VA Hospital Medical Center 820 S. Damen Ave. Chicago, IL 60612 has continued to in Plaintiff (Calvin) case committing malpractice at the Jessie Brown VA hospital Medical Center, and it was also bought to the attention of plaintiff that the case may be governed by the Federal Tort Claims Act (FTCA). The FTCA is a federal law that allows plaintiffs injured by the negligent acts of federal employees to file claims against the United States for damages.
Federal Court Case docket no.: 1:18-cv-00859 has been closed and now newly discovered evidence is been discovered involving this case federal case docket no.:1:18-cv-00859 and the department of veterans affairs is the defendants the newly discovered evidence is on again involving the fact that newly discovered evidence that could not have been uncovered in time to bring a Rule 59 motion for a new trial.
PRO SE RIGHTS:
1. Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425
Litigants can be assisted by unlicensed laymen during judicial proceedings.
2. Conley v. Gibson, 355 U.S. 41 at 48 (1957)
"Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
3. Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449
"The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
4. Elmore v. McCammon (1986) 640 F. Supp. 905
"... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend"
A next friend is a person who represents someone who is unable to tend to his or her own interest.
5. Haines v. Kerner, 404 U.S. 519 (1972)
"Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
6. Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233
7. Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Former Clerk at Cook County Recorder of Deeds Admits Accepting Cash Bribe in Exchange for Preparing Fraudulent Real Estate Deed, VARO employees and Cook County Clerk of the Circuit Court, Dorothy Ann Brown involved in the Deed Fraud, that includes VARO P.O. Box 8136 owned by VARO Director Michael D. Olson et, al. Chicago Police Report No. JC281228 and FTC Report No.108195841 and Fraudulent Deeds at hand showing proof of VARO employees theft et, al., of Mr. Cobbs Stolen In-Serviced Military Records, In-Service Military Hospital Records and Service-Connected Retroactive back stolen by VARO and VA Employees et, al. All matters being covered up the US Attorney’s Office. Cook County Recorder of Deeds involved.
It has been bought to the attention of federal court judge Jorge L. Alonso and Kristen E. Rah Assistant United States Attorney that Jessie Brown VA Hospital Medical Center was not only refusing Mr. Cobbs treatment that followed by negligence of VA employees negligence acting within the scope of their employment VA refusing to robing Mr. Cobbs of property, Liberty, and Money, that was supposed to be paid to Reg. Agent Mr. Edward Tucker at the Address of 218 N. Hamlin Blvd Chicago, IL 60624, whom was deprived of rent taken from him by an Employee et, al., of Jessie Brown VA Hospital Medical Center a Miss/Mrs. Corrine Donley et, al. (SEE NOTE FORM SOCIAL WORKER EMPLOYED AND EMLOYEE AND LCSW AT JESSIE BROWN VA HOSIPITAL MEDICAL CENTER MISS/MRS., LUCIA SPINELLI, ATTACHED TO THIS PETTION.
The FTCA is a federal law that allows plaintiffs injured by the negligent acts of federal employees to file claims against the United States for damages.
Rule 60. Relief from a Judgment and Order and including Rule 60(b) and (b)(2).
(b) GROUNDS FOR RELIEF FROM A FINAL JUDGMENT, and ORDER. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
I, plaintiff Calvin Ray Cobbs Sr., None representented by an attorney Pro Se Litigant in federal court case docket No.: 1:18-cv-00859 that has been closed because of the proper Phy had it bought to his attention that the negligent health care provider Jessie Brown VA Hospital Medical Center 820 S. Damen Ave. Chicago, IL 60612 has continued to in Plaintiff (Calvin) case committing malpractice at the Jessie Brown VA hospital Medical Center, and it was also bought to the attention of plaintiff that the case may be governed by the Federal Tort Claims Act (FTCA). The FTCA is a federal law that allows plaintiffs injured by the negligent acts of federal employees to file claims against the United States for damages.
Federal Court Case docket no.: 1:18-cv-00859 has been closed and now newly discovered evidence is been discovered involving this case federal case docket no.:1:18-cv-00859 and the department of veterans affairs is the defendants the newly discovered evidence is on again involving the fact that newly discovered evidence that could not have been uncovered in time to bring a Rule 59 motion for a new trial.
PRO SE RIGHTS:
1. Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425
Litigants can be assisted by unlicensed laymen during judicial proceedings.
2. Conley v. Gibson, 355 U.S. 41 at 48 (1957)
"Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
3. Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449
"The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
4. Elmore v. McCammon (1986) 640 F. Supp. 905
"... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend"
A next friend is a person who represents someone who is unable to tend to his or her own interest.
5. Haines v. Kerner, 404 U.S. 519 (1972)
"Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
6. Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233
7. Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Former Clerk at Cook County Recorder of Deeds Admits Accepting Cash Bribe in Exchange for Preparing Fraudulent Real Estate Deed, VARO employees and Cook County Clerk of the Circuit Court, Dorothy Ann Brown involved in the Deed Fraud, that includes VARO P.O. Box 8136 owned by VARO Director Michael D. Olson et, al. Chicago Police Report No. JC281228 and FTC Report No.108195841 and Fraudulent Deeds at hand showing proof of VARO employees theft et, al., of Mr. Cobbs Stolen In-Serviced Military Records, In-Service Military Hospital Records and Service-Connected Retroactive back stolen by VARO and VA Employees et, al. All matters being covered up the US Attorney’s Office. Cook County Recorder of Deeds involved.
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