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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK, et al )
)
Defendants/Appellees )
)

APPELLANT NOTICE RE: RELATED ORDERS ISSUED JUNE 14, 2018

The Appellant, MOHAN A. HARIHAR, respectfully files this Notice after being made aware

on June 25, 2018 of orders issued on June 14, 2018 in two related cases impacted by the recusal

of Circuit Judge David Barron:

1. Dyer v. Wells Fargo Bank, N.A., et al, Appeal No. 15-2421; and

2. Hayden, et al v. HSBC Bank USA. N.A., et al, Appeal No. 16-2274.

On June 14, 2018, the First Circuit issued Orders in both matters stating that upon review of the

parties’ submissions, the Court Ordered that the Mandate in both matters be withdrawn,

and the Judgments and Orders be vacated. This Court agreed that the appearance of

partiality could reasonably be imputed to the panel itself [despite both decisions being

unanimous], where the affected judge may have been the dominant member of these panels

and influenced the other two panel members.

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In his filed response, the Appellant has already provided the Court with a substantial list of (not

less than) TWENTY (20) UNRESOLVED issues including (but not limited to): Impartiality

Concerns, Jurisdiction, Fraud on the Court, Economic Espionage, etc. This Court is aware

that SCOTUS has recently granted the Appellant/Petitioner a 60-day extension to file his

petition based on this (entire) list of unresolved issues.

The Court is also aware that aside from the unresolved issues, Appellee – WELLS FARGO

(and their retained counsel, K&L Gates, LLP) and primary issues pertaining to foreclosure are

common to ALL three (3) Appeals. It is unclear as to WHY, this Court has not yet reached the

same (or similar) conclusion to WITHDRAW the MANDATE and VACATE the

JUDGMENT here. While the Appellant understands there are additional complex issues which

must be addressed, there is no visible reason to delay corrective action with the mandate and

judgment. The Court is respectfully reminded that EIGHTEEN (18) days have elapsed since

SCOTUS ruled on the Appellant’s timeline extension to file his Petition. Any interpreted delay

here impacts the content of Mr. Harihar’s Petition and shows cause to further question this

Judiciary’s impartiality. Certainly, this is considered an unprecedented event at the Circuit

level that if left uncorrected, would ALONE provide grounds to grant Certiorari before the

U.S. Supreme Court.

The Appellant is grateful for the Court’s efforts to address and initiate the referenced corrective

action(s). For documentation purposes, after sending a copy of this Notice to the attention of The

President, confirmation of its receipt is attached (See Attachment A) with the filed Court copy.

A copy of this Notice will also be made available to the PUBLIC, as this judiciary’s effort to

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“promote public confidence in the impartiality of the judicial process,” is considered

compromised. By informing the Public, ALL AMERICANS serve here as WITNESS. Parties

are additionally informed for documentation purposes, and out of the Appellant’s continued

concerns for personal safety/security.

If there is a question regarding ANY portion of this Notice, the Appellant is happy to provide

additional supporting information upon request, in a separate hearing and with the presence of an

independent court reporter.

Respectfully submitted this 26th Day of June, 2018

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com

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Attachment A

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CERTIFICATE OF SERVICE

I hereby certify that on June 26, 2018 I electronically filed the foregoing with the Clerk of Court
using the CM/ECF System, which will send notice of such filing to the following registered
CM/ECF users:

Jeffrey B. Loeb
David Glod
David E. Fialkow
Kevin Patrick Polansky
Matthew T. Murphy
Kurt R. McHugh
Jesse M. Boodoo

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com

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