IN THE UNITED STATES DISTRICT COURT NEW HAMPSHIRE CHRISTOPHER KING, J.D. a/k/a KINGCAST.NET, Plaintiff-Petitioner, v.

FRIENDS OF KELLY AYOTTE, et al., Defendants. ) ) ) ) CASE NO. 2010-CV-501 JUDGE PAUL BARBADORO MAGISTRATE LANDYA McCAFFERTY

PLAINTIFFS REQUEST FOR CERTIFICATION OF THE COURTS 19 SEPTEMBER 2011 ORDER DENYING PLAINTIFFS MOTION TO VACATE MAGISTRATE JUDGE LANDYA B. MCCAFFERTYS REPORT & RECOMMENDATIONS AFTER SHE FINALLY AND QUIETLY RECUSED HERSELF WITHOUT COURT ORDER Now comes Plaintiff to respectfully request that the Court Certify its Order of 19 September, 2011 for Interlocutory Appeal as it contemplates a threat of irreparable harm pursuant to 28 U.S.C. 1292(B). By way of reference this case may be distinguished from a case such as In re Cargill, Inc., 66 F.3d 1256 (1995) because in that case the issue was whether or not recusal was proper. In this case we know that recusal was proper because basic rules of conduct and ethics Canons dictate as much.. and because Magistrate McCafferty did in fact recuse herself. Not only did she recuse herself, she did it in a manner inconsistent with her prior recusals and general Court protocol, raising substantially more concern to any neutral observer. As Plaintiff noted in his Motion for Vacation of Magistrate McCaffertys November TRO Order (see Appendix A):
These cases are instructive here because unlike Payton, the grounds for recusal did not develop along the way, rather they existed all along as witnessed by the organizational chart on the following page. As such the only equitable solution is to void the findings of fact and law set forth by Her Honors Report and Recommendations and begin anew. The Court simply cannot be permitted to use her Report in addressing the pending Motions to Dismiss because the errors she made are so clearly against the manifest weight of the evidence: She saw Plaintiff at all media events engaging in banter with Kelly Ayotte supporters who were in no ways concerned with his presence or worried about his conduct during the exact same time periods that Witness Monier claimed Plaintiff was creating a suspicion of fear or disturbance yet she ignored those facts. She saw Plaintiff being continually harassed by Lieutenant John Fisher even though Plaintiff was on the sidewalk yet ignored it.

She saw other white people were actually closer to a backing vehicle but received no comment from Fisher and she ignored that as well. All of these issues have been raised in Plaintiffs 14 July 2011 Motion for Reconsideration on his Motion for Recusal, which has not been addressed by the Court.

The conduct of the Counsel in this case including NH Bar Association President Jennifer Parent -- in allowing all of this to happen is no less contumacious than the set of facts that His Honor observed and SANCTIONED in Legault v. Zambarano, 105 F.3d 24 (1997) when facing counsel who attempted to manipulate the system to their advantage. Counsel Brian Cullen has threatened to move for sanctions using the purported conduct of Plaintiff in cases fifteen (15) years old in another Jurisdiction when he and his clients have been found in contempt of Court in this very Jurisdiction quite recently, and even as he faces a new ethics complaint from retired LE Ralph Holder, another black man. It seems that Attorney Cullen was found in possession of an EMT report that proved Mr. Holder never abused his wife on the day date and time in question, a fact that will lead him to file a Rule 60b Motion forthwith in this very Court because Judge LaPlante used false testimony to dismiss a related Civil case. Wherefore Plaintiff reasonably believes it appropriate to prepare an Interlocutory Appeal on this matter with all deliberate speed. In order to do so he will need the Order of 19 September, 2011 Certified as similar to the McCafferty recusal, the only notation in the record is the following thumbnail from the ECF docket:

Again, to sum up in light of United States v. Mavroules, 798 F. Supp. 61 (1992).(Old association 20+ years ago) The lawyers under whom Judge McCafferty once worked donated at least $9,700.00 to Friends of Kelly Ayotte, with both counsel in this case (Parent and founding Partner Jack Middleton) providing 50% of that total.1 Plaintiff omits the balance of his arguments on this section but reasserts that they are all indeed relevant and preserved for the Record as is the organization chart showing the relationship between the Defense Counsel, Magistrate McCafferty and Plaintiff:

That total is assembled through public records, but does not disclose the amounts given by private individuals who may have worked for McLane, Graf on prior occasion.
1

RULE 7.1 CERTIFICATION Per Local Rule 7.1 Plaintiff certifies that All Defendants refuse assent to this Motion, which is nonetheless necessary to preserve the record on Appeal. Respectfully submitted, /s/ Christopher King, J.D. _____________________________ http://KingCast.net -- Reel News for Real People http://MortgageMovies.blogspot.com -- Documenting Deceit
617.543.8085/m 617-507-8031/f

CERTIFICATION OF PLAINTIFF Plaintiff hereby certifies that he has not filed one single document in this case in Bad Faith or with vexatious intent, rather he is simply pursuing reasonable means to address an apparent conflict of interest and the potential and actual impact of same, as they threaten to undermine the integrity of the Judicial system and the protection of vigorous Fourth Estate practice in a racial context. /s/ Christopher King, J.D. _____________________________ Christopher King, J.D. CERTIFICATE OF SERVICE I the undersigned, solemnly swear that a true copy of this Request for Certification was Electronically delivered on 20 September 2011 to: Jennifer Parent and Jack Middleton, Esq. City Hall Plaza 900 Elm Street Manchester, NH 03101 Gordon MacDonald, Esq. Nixon Peabody LLP 900 Elm Street Manchester, NH 03101 Brian Cullen, Esq. 10 East Pearl Street Nashua, NH 03060 /s/Christopher King, J.D. __________________________________ KingCast.net

By and through Christopher King, J.D. 4