Petition for hearing en banc
No. 99-16746
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
_________________________________________________________
PAUL W. MASON
Plaintiff and Appellant
v.
Donna Shalala, Secretary of Health
and
Michael Friedman, Acting Director of FDA
Defendants and Appellees
_________________________________________________________
ON APPEAL FROM
THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DIST. OF CALIFORNIA, SAN JOSE DIV.
HON. JEREMY FOGEL PRESIDING
U.S.D.C. No. C-97-20686 JF
_________________________________________________________
PETITION FOR HEARING EN BANC
_________________________________________________________
Paul W. Mason, In Pro Per
P O BOX 1417
Patterson, CA 95363
Telephone: (408) 897-3023
Fax: (408) 897-3028
paulmason@mgwater.com
"Taking Mason's allegations as true....there is an
annual avoidable loss of human life in numbers which, over time,
would exceed the loss of life incurred in the HOLOCAUST."
"The court does not doubt the seriousness of the
issues raised by (Mason). Nor does the court question (Mason's)
motives in pursuing this cause. (Mason) acts from a genuine
concern that many people are dying before their time, from a
preventable cause."
Hon. Jeremy Fogel
Partial Summary Judgement
May 11, 1999
The proceeding involves questions of exceptional importance:
1. Whether the lower court violated the Constitution by
unreasonably abdicating its mandate and duty to be a "check and
balance" on another branch of government in a case involving
willful acquiescence in millions of deaths to coverup a
previous FDA blunder, when the the court dismissed and advised
Mason to seek "political" recourse instead of "judicial"
recourse.
2. Whether the lower court unreasonably and
un-Constitutionally issued an advisory opinion that no
genocide had occurred, without any analysis of the elements of
genocide, and without trying the case.
3. Whether the lower court unreasonably invented and applied
its own unique, limited definition of "genocide" that is not
supported by (a) U.S. genocide law 18 USC 1091. (b) the history
of genocides in the 20th Century. (c) U.N. Genocide Convention
of 1951. (d) UN Statute of Rome of 1998 concerning the elements
of genocide.
4.Whether the lower court unreasonably applied Heckler
v.Chaney, 470 U.S. 821, 831-32 (1985) to a case in which
the FDA's motives are challenged, as opposed to how
well the FDA is equipped. Heckler: "The agency is far
better equipped than the
courts to deal with the many variables involved in the proper
ordering of its priorities."
5.Whether the lower court deprived Mason of his
Constitutional right to a jury trial by unreasonably granting
summary judgement - which should be reserved for resolving
questions of law - after FDA denied and disputed causing over
3,000,000
deaths - a question of fact.
6. Whether the impartiality of the lower court was lacking
because (a) the lower court judge was proposed, endorsed, and
appointed by members of the same party that proposed, endorsed,
and enacted the defendant agency. (b) the apparent premise of
the lower court's dismissal was that defense counsel's willful
coverup and perpetuation of millions of deaths, after receiving
numerous constructive notices from the highest scientific
authorities, was only an innocent oversight, a faux
pas, a peccadillo, and not an "improper purpose"
under FRCP Rule 11(b)(1),(3). (c) the lower court abdicated its
Constitutional duty to be a "check and balance" on another
branch of government to end willful acquiescence in millions of
deaths, and instead advised Mason to seek "political" recourse
instead of "judicial" recourse.
Respectfully Submitted,
_________________________________________________________________
Paul Mason, Appellant in pro per date
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