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United States of America v. Brett Allen Bossingham and Elisabeth Ann

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 21, 2010

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
BRETT ALLEN BOSSINGHAM AND ELISABETH ANN
BOSSINGHAM, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' "WRIT OF ERROR QUAE CORAM NOBIS RESIDENT IN RE (DOC. 41)

'ORDER STRIKING DEFENDANTS' AFFIDAVIT OF DEFAULT (DOC. 40)", (Doc. 46), AND DEFENDANTS' "WRIT OF ERROR QUAE CORAM NOBIS RESIDENT IN RE (DOC. 42) )

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' 'WRIT OF ERROR QUAE CORAM NOBIS RESIDENT'" (Doc. 47)

On December 15, 2010, Defendants, proceeding in pro per, filed a "Writ of Error Quae Coram Nobis Resident In Re (Doc. 41) 'Order Striking Defendants' Affidavit of Default (Doc. 40)." (Doc. 46). On December 20, 2010, Defendants, proceeding in pro per, filed a "Writ of Error Quae Coram Nobis Resident In Re (Doc. 45) 'Memorandum Decision and Order Denying Defendants' 'Writ of Error Quae Coram Nobis Resident.'" (Doc. 47). 2 Both of these writs are DENIED. As ruled repeatedly, any 3 challenge to the jurisdiction of this Court over the criminal 4 action commenced against Defendants must be made by Defendants 5 against the United States in the criminal action by properly 6 noticed motion. There is no basis for default against those 7 persons named as "counterdefendants" in Defendants' purported 8 Counterclaim, which was lodged in the criminal action solely for 9 purposes of the record. There is no pending civil action commenced by Defendants and no basis for default against those persons named as counterdefendants in the lodged Counterclaim. No further pleadings by Defendants concerning the lodged Counterclaim will be considered by the Court and will be stricken.

IT IS SO ORDERED.

668554

20101221

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