IN THE UNITED STATES DISTRIC COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
United States of America, ) Case No. 06-000 Plaintiff ) ) Vs ) Motion for Reconsideration ) Robert Patriot, and ) Karen Patriot ) Defendants/ ) Counterclaim )
Defendants Robert Patriot and Karen Patriot hereby file their Motion for Reconsideration of the order of Judge Rice dated May 2, 2007 which adopted Report and Recommendation of the Magistrate as to Karen Patriot.
1. Magistrate Merz filed his Report and Recommendation (document 13) on March 19, 2007. Within ten days, we filed our Objections to the Magistrate’s report on ____________ (document 14). On April 13, 2007, the DOJ filed their Response (document 15) to Defendants Objection. On ________defendants filed their Reply (document 19) to their Government’s Response.
2. The Judge’s Order stated that no objection was filed by Karen Patriot to the Magistrate’s Report. In paragraph 1 above, we list two document filed by the Patriot’s in response to the Magistrate’s order and one by the government. Therefore, the Judge’s Order is based on incorrect information.
3. On May 4, 2007 the Magistrate filed his Order striking the Reply of Defendant Karen Patriot. This was two days after the Judge’s Order. Therefore, the reply was still on the record unopposed when the Judge signed his order on the 2nd of May. Further, the Magistrate on dispersive matters such as dismissal does not have authority to issue the final order.
4. Apparently, some dispute or objection exists in the federal courthouse about a minor procedure/problem of pro se defendants. Defendants admit that they make many procedural mistakes.
However, one mistake not made is the fact the husband Bob signs his wife’s Karen name on t he pleadings when convenient. Under the common law of this state, spouses have automatic power of attorney for their spouse and power to sign their names to legal documents with certain acceptations such as deeds.
The common law of the state of Ohio has been adopted by the federal courts in this state because in theory the federal courts have no common law.
5. In any event, nobody has notified the Patriots that this was a problem and given them a chance to correct any error. Pro se Bob Patriot’s has been signing his wives name all along as he is authorized to do by law.
Bob does not claim to represent Karen at this time and therefore did not sign these papers as her representative. Representation in federal court is a world of difference from power of attorney signature signing.
6. Therefore, Karen’s Reply (or Sur-Reply) should be considered by this court as well as her earlier filed Objection. Consequently, defendants request that the dismissal order be reconsidered by this honorable court.
7. Defendants also request that they be allowed to file this motion out of time because they just received it due to a chronic illness in the family.
Certificate of Service: I hereby certify that on his date I sent properly a copy of this pleading to opposing counsel.
__________________ May 23, 2007
Bob Patriot, Pro Se
PO Box 1232
Springfield, OH 45501
Karen Patriot, Pro Se