Request for a judicial notice of the 1940 Census
Posted on | May 18, 2013 | 2 Comments
Dr. Orly Taitz, ESQ
29839 Santa Margarita Parkway, STE 100
Rancho Santa Margarita CA 92688
Tel: (949) 683-5411; Fax (949) 766-7603
E-Mail: dr_taitz@yahoo.com, orly.taitz@gmail.com
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Dr. ORLY TAITZ, ESQ, PRO SE §
Plaintiff, §
§
v. § EMERGENCY
§ MOTION FOR
Michael Astrue, Commissioner of the § RECONSIDERATION
Social Security Administration, § 11-cv-00402
§
§
§ Honorable Royce Lamberth
Respondent § Chief Justice presiding
Request FOR A JUDICIAL NOTICE FILED IN Conjunction with AN EMERGENCY MOTION FOR RECONSIDERATION
Plaintiff Pro Se Dr. Orly Taitz (hereinafter “Taitz”) hereby requests that the Court take judicial notice of the following document attached as Exhibit 1.
Sixteenth Census of the United States of America 1940
Population schedule
State of New York,
County -The Bronx,
Ward of city-7A-B
915 Daly Ave
Apartment 311
SD No 24 E.D. No-3-1199
sheet No 13B
Enumerated Apri 16, 1940
Released by the U.S. Census in 2011
This request is made pursuant to Rule 201 (a), (b)1, (b)2, (c)2 of the Federal Rules of Evidence.
RULE 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS
(a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.
(b) Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it:
(1) is generally known within the trial court’s territorial jurisdiction; or
(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
(c) Taking Notice. The court:
(1) may take judicial notice on its own; or
(2) must take judicial notice if a party requests it and the court is supplied with the necessary information.
(d) Timing. The court may take judicial notice at any stage of the proceeding.
(e) Opportunity to Be Heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.
Official census information is:
(1) is generally known within the trial court’s territorial jurisdiction; or
(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. Aforementioned report is easily obtainable from the U.S. Census
and under 201 C (2) must take judicial notice if a party requests it and the court is supplied with the necessary information.
The report in question is relevant to the proceeding as Petitioner Taitz is seeking reconsideration of the decision by the SSA to deny her release of the SS-5 for the Social Security number 042-68-4425 due to privacy considerations. In her motion for reconsideration Taitz provides newly discovered evidence showing that the Social Security number in question was assigned to Harrison J. Bounel, an immigrant from Russia, born in 1890. Part of the new information is 1940 census released to the public in 2011. Fed. R. Evid. Rule 201. Under Fed. R. Evid. Rule 201(f) judicial notice may be taken at any stage of the proceeding. Government of Canal Zone v Burjan, 596 F.2d 690, 694 (5th Circ. 1979).
Aforementioned Census report attached herein as exhibit 1 shows
that Harry Bounel immigrant from Russia, 50 years old at the time of the 1940 census resided as a lodger at Apartment 311 of 915 Daly Ave, Bronx, New York.
This information is relevant to the case at hand since Mr. Bounel was 50 years old at the time of the official 1940 census, it means that he was born in 1890 and he would be 123 years old today and according to120 year rule of the SSA, his SS-5 has to be released under FOIA 5U.S. 552.
CONCLUSION
This court should take the Judicial notice of
Sixteenth Census of the United States of America 1940
Population schedule
State of New York,
County -The Bronx,
Ward of city-7A-B
915 Daly Ave
Apartment 311
SD No 24 E.D. No-3-1199
sheet No 13B
Enumerated Apri 16, 1940
Released by the U.S. Census in 2011
Respectfully submitted
/s/ Dr. Orly Taitz ESQ
President of the Defend Our Freedoms Foundation
05.18.2013
cc Inspector General of the Social Security Administration
cc senator Chuck Grassley ranking member of the Senate Judiciary Committee
cc Congressman Bob Goodlatte Chair of the House Judiciary Committee
cc Daryl Issa, Chair of the House Oversight Committee
cc Inspector general of IRS
Comments
2 Responses to “Request for a judicial notice of the 1940 Census”
Leave a Reply
EVIDENCE AGAINST OBAMA — YouTube Indiana Trial of Obama !
Petition the White House to institute Edward Snowden, National Whistleblower – Patriots against Government Corruption Day
OrlyTaitzEsq.comTAITZ REPORT
Official Facebook
IMPORTANT NOTICES – PLEASE READ!
Historic DVD Now Available!
DVD of the historic trial in GA and DVD of a historic testimony in NH, where evidence was provided showing Obama using a forged birth certificate and a stolen social security number. The DVDs are in a beautiful commemorative case with personal autographs from attorney Dr. Orly Taitz $22.50 each +$2.50 for shipping and handling.
---------
To order these DVDs, donate $25.00 by credit card on the website RunOrlyRun.com and email orly.taitz@gmail.com with you name and address. Or send a $25.00 check with your name and address to: Orly Taitz for US Senate 2012, 29839 Santa Margarita ste 100, RSM, CA 92688.
Advertisement / Sponsors
29839 Sta Margarita Pkwy,
Ste 100
Rancho Sta Margarita, CA 92688
orly.taitz @gmail. com
(949) 766-7687
--------------------------------------
Videography by Barbara Rosenfeld
--------------------------------------
Bumper Sticker
$9.99 thru PayPal--------------------------------------
--------------------------------------Orly Taitz Photo Collections
May 18th, 2013 @ 6:08 pm
The Bushes are German born spies and illegal aliens. All speak broken English typical of foreigners. None born here. Google CensusBushGenealogy to get the 1900 Census that they altered substituting Prescott Bush, father of the bastards, for a son of Samuel Bush. WWI draft records list Robert Bush the missing person ripped from Census records.
May 18th, 2013 @ 11:29 pm
No privacy issue. Harrison Bounel is deceased. If not, he would be the worlds oldest living person nd a national figure.