Case: 17-1381 Document: 00117322315 Page: 1 Date Filed: 08/05/2018 Entry ID: 6188432

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

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

EMERGENCY MOTION FOR HEARING TO ADDRESS CONTINUED IMBALANCE OF

HARDSHIPS AND CALL FOR IMMEDIATE INJUNCTION

The Appellant – MOHAN A. HARIHAR, acting pro se, respectfully DEMANDS that this

Court schedule a hearing to address the IMBALANCE OF HARDSHIPS that continue to

weigh heavily in his favor. There appears to be an UNNECESARY JUDICIAL DELAY to

CORRECT a number of unresolved issues.

The most pressing issue right now pertains to the Appellant’s only available source of

TRANSPORTATION. This Court is well-aware that the ILLEGAL FORECLOSURE

associated with this litigation NOT ONLY caused: (1) an extreme financial hardship; but also

(2) severely damaged the Appellant’s credit, making it impossible to purchase/lease a

vehicle on his own. For over five (5) years, the Appellant has necessarily had to burden family

members and BORROW their vehicles in order to have transportation to/from his place of

employment and for other everyday needs. On August 25, 2018, the Appellant will be faced
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with the reality of being WITHOUT transportation, as the lease on the vehicle - he has been

allowed to borrow, will have EXPIRED, creating the following issues:

1. The Plaintiff is still indigent, as recognized by this Court, and does not have the financial

means to: (a) purchase a vehicle; (b) lease a vehicle; or even (c) put a down payment on a

vehicle;

2. The Appellant has worked very hard to begin rebuilding his credit, after it was destroyed

by ILLEGAL FORECLOSURE. However, his current credit standing – while

improving, has not yet been fully restored to excellent status. Even if the Appellant were

able to qualify for an auto loan (or lease) on his own: (a) the interest rate; (b) lack of

down payment; and (c) overall monthly payment will not be affordable, based on his

limited income and less-than-perfect credit score.

3. If the Appellant is unable to secure a vehicle moving forward, there is certain risk to

current employment, and ultimately the ability to provide basic everyday needs (food,

shelter, clothing, etc.).

The Appellant should NO LONGER be forced to BURDEN family members in order to satisfy

basic transportation needs.

Since the recent RECUSAL of Judge Barron, both SCOTUS as well as this Court, have

acknowledged the list of EXTRAORDINARY CIRCUMSTANCES which contributed to

VACATING the JUDGEMENT (and ALL related orders) associated with this Appeal. These

circumstances include (but are not limited to) - Refusing to address the clearly evidenced
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IMBALANCE OF HARDSHIPS. The Appellant respectfully calls for this Court to now

schedule a hearing to address these hardships without any further, unnecessary delay.

Please be advised, identical motions will be filed with the related federal litigation1, as the same

imbalance of hardships applies. Once balance is restored in one (1) case, it is anticipated to be

considered balanced in all three (3) referenced cases; and the remaining hardship motions are

expected to then be considered moot.

For documentation purposes, after sending a copy of this MOTION to the attention of POTUS,

confirmation of its receipt is attached (See Exhibit 1) with the filed Court copy. A copy will also

be made available to the PUBLIC out of the Appellant’s continued concerns for his personal

safety and security. If there is a question regarding ANY portion of this motion, the Appellant is

happy to provide additional supporting information upon request.

Respectfully submitted this 5th Day of August, 2018.

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

1
Related Federal litigation references: (1) HARIHAR v. THE UNITED STATES, Appeal No.
17-2074 (Lower Court Docket No. 17-cv-11109); and (2) HARIHAR v. CHIEF JUDGE
JEFFREY R. HOWARD, et al, Docket No. 18-cv-11134.
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Exhibit 1
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CERTIFICATE OF SERVICE

I hereby certify that on August 5, 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
Mo.harihar@gmail.com