In the Superior Court of Clark County
State of Washington
| | Number | Brian Patrick Carr | 04-2-08908-9 Petitioner | | Motion to Requesting versus | | Decision and Karyn | Respondent | Fact Finding |
The Petitioner, Brian P. Carr seeks the following relief from the Clark County Superior Court:
A written decision concerning the Motion for Revision submitted on November 23, 2004 and heard on December 10, 2004 with the decision announced from the bench at that time.
Additional evidentiary hearings to determine whatever findings of facts are necessary to support the decision, and, in particular, determining who made the decision denying the Petition in this matter on November 12, 2004.
________________________ Signature of Petitioner Date: Jan 14, 2005 Brian Carr 11301 NE 7th St., Apt J5 Vancouver, WA 98684 360-607-0556
Respondent:
Karyn
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In the Superior Court of Clark County
State of Washington
| | Number | Brian Patrick Carr | 04-2-08908-9 Petitioner | | Memorandum In Support versus | | Motion for Decision Karyn | Respondent | |
The letter from this court filed on January 7, 2005 concerning this matter and case 04-2-08824-4 indicates that Judge Nichols had denied the Petition in this matter. However, there is nothing in the record which supports this conclusion.
The identity of the individual who denied the Petition on November 12, 2004 is of great relevance in determining the jurisdiction of the denial as well as any proceedings which follow from it and the Motion for Revision.
There are also strong indications that Judge Nichols was not the individual who denied the Petition in this matter on November 12, 2004.
As such, it is important to establish evidence in the record to support any findings of fact supporting the requested decision.
In particular, the clerk who distributed the Petitions and Temporary Orders for Protection in the afternoon of November 12, 2004 appears to keep informal records of who denies each petition and should be able to resolve any questions as to the individual who denied this Petition.
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I certify that all documents and pleadings were prepared personally without the advice of any attorney and that I understand that the court by entering a decree or other order does not relieve myself of the responsibility for any omissions, defects, or inaccuracies in the file or matters presented or any consequences resulting therefrom.
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Signature of Petitioner
Brian Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
360-607-0556
Respondent:
Karyn
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In the Superior Court of Clark County
State of Washington
| | Number | Brian Patrick Carr | 04-2-08908-9 Petitioner | | Affidavit in Support of versus | | Motion for Decision Karyn | Respondent | |
I,
Brian P. Carr, am the Petitioner in these matters, have knowledge of
the facts of these matters and make the following statements under
oath and penalty of perjury.
I submitted my Petition in this matter on November 12, 2004 before 11AM so that the matter could be heard that day.
At 2PM on November 12, 2004 all parties waiting for their Temporary Orders were directed to District Court Room 6 where we waited. On inquiry we were told that the Orders would be distributed after the judge (one of the District Court Judges) had reviewed them and that we wouldn't actually speak with the judge.
At about 4:30PM the Orders were distributed. The person who distributed the Orders appeared to be a clerk of the District Court and explained that the Petitioners should not ask the other clerks about the status of the Orders as the petitions are reviewed by the various District Court Judges as they were available and repeated questions to the clerks just slow the process.
My petition was denied. The clerk mentioned the judge (referred to as he) said that it was not appropriate unless the stalking/arrest was repeated.
I have made informal inquiries as to the identity of the individual who denied my Petition on November 12, 2004 and have been informed that the clerk who returned the Petitions and Orders on that date records the initials of the individual who denies a Petition but not as an official part of the record.
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A review of these records indicated that it was Judge Richard Melnick who denied the Petition in this matter on November 12, 2004.
Judge Melnick was appointed as a Superior Court Commissioner, but as there seem to have been more than than three Superior Court Commissioners in Clark County it is unclear if any of the Superior Court Commissioners in Clark County have any authority to conduct Superior Court business.
Notice of Service:
On January 14, 2005 a copy of these papers were served on the Respondent by mailing in an envelope addressed to Karyn, xxxx, Vancouver, WA with first class postage attached. Papers were mailed in a U.S.P.S. mail box located at .
I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.
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January 14, 2005 Signature of Petitioner
Brian Carr
Vancouver, WA 11301 NE 7th St., Apt J5
Vancouver, WA 98684
360-607-0556
Respondent:
Karyn
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