LYNN DISTRICT COURT (SMALL CLAIM): NEGLIGENCE OF US ATTORNEY LED TO DEPORTATION OF CHILD TO COUNTRY WHERE PARENTS ARE FACING TREASON CHARGE - CASE OF KLEBER ODIMEGWU OFUME
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LYNN DISTRICT COURT (SMALL CLAIM): NEGLIGENCE OF US ATTORNEY LED TO
DEPORTATION OF CHILD TO COUNTRY WHERE PARENTS ARE FACING TREASON
CHARGE - CASE OF KLEBER ODIMEGWU OFUME
June 8, 2009
Read the Claim below. Massachusetts Bar Association (MBA) referred
Black client to white lawyer/attorney in Lynn, MA. Black has small
voice in Lynn, MA.
Urgent/Emergency was negotiate between Dr. Phillip Chukwuma Ofume and
Nancy Norman Law Office (Lynn). On February 9, 2009 Dr. Ofume and the
law office agreed for $480.00 to effect the Bail of Kleber O. Ofume.
Kleber is a student at THE NORTH SHORE COMMUNITY COLLEGE, LYNN MA
without criminal record. ONLY one week left for ICE to carry out
Kleber's deportation and Nancy Norman agreed to accept the case under
this emergency/urgency.
They (Ofume & law office) agreed for two payments - $280.00 was paid
on February 9, 2009 and balance to be paid after bail. Shocking per
use of white colour, on before February 12, 2009 Nancy Norman Law
office telephoned Dr. Ofume several times forcing him to pay the
balance ($200.00). On February 12, 2009 Dr. Ofume paid the balance in
full. On February 13, 2009 the Secretary to Nancy Norman told Dr.
Ofume that the lawyer has problem and that she will be out of office
for two weeks.
Between February 13, 2009 - March 7, 2009 the lawyer went underground
and on March 8 or 9, 2009 Kleber was moved to Batavia and on March 10,
2009 Kleber was deported to Nigeria. On about February 27, 2009 Dr.
Ofume requested for refund of the total amount he paid.
Nancy Norman used her color to threaten Dr. Ofume that she will call
police on him and press charge. Before the Lynn District Court on June
5, 2009 Nancy Norman told the Court (100% white) that she filed bail
motion and the hearing was March 10, 2009 which was the date Kleber
was deported to Nigeria.
________________________________________________________________________________________
COMMONWEALTH OF MASSACHUSETTS
LYNN DIVISION
DISTRICT COURT DEPARPMENT
___________________________________________________________
Trial Court of Massachusetts
Small Claims Session
CIVIL DOCKET NO. 0913 SC 1053
___________________________________________________________
Phillip
Ofume
Plaintiff (Pro se & Forma Pauperis)
v.
Nancy Norman
Defendant (Attorney of Record)
_____________________________________________________________
VERIFIED SUPPLEMENTARY STATEMENT
OF SMALL CLAIM AND NOTICE OF TRIAL
_________________________________________________________________________
I, Dr. Phillip Chukwuma Ofume, Plaintiff in the aforementioned matter
hereby move to file Supplemental Statement of Claim in support of my
summarized Statement of Claim which I filed with this Court on April
2, 2009 and to firmly state that I am entitled to complete relief
sought in this claim because of the following reason:
1. I am a lecturer, researcher, prisoner of conscience,
stateless person, refugee adopted by the United Nation High Commission
for Refugees (UNHCR) and Amnesty International (Int. Secretariat,
London UK, Asylee and resident in Lynn, MA in company of my nuclear
family. I am in Exile and moved to the United States from Canada to
organize my campaign purpose of becoming the President of Nigeria
2011. Because of this campaign and oil/gas politics in my region of
birth in Nigeria (NIGER DELTA REGION), certain domestic and foreign
leaders, politicians, lawmakers and oil/gas companies have blocked my
household’s
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Phillip Ofume v. Nancy Norman CIVIL DOCKET NO. 0913 SC
1053
access to right to education, justice system in Canada and United
States, pro bono attorneys under the status of refugee, fee attorneys
and over 98% of other services.
2. Defendant, Ms. Nancy Norman is Attorney of Record resident and
operates law office in Lynn of the State of Massachusetts which is a
good proximity to me because I am also resident of Lynn. After several
articles and petitions, the office of The Honourable Governor
Massachusetts (Deval Patrick) wrote to me and referred me to some
local attorneys and further referrals by lawmakers and personal
searches led me to Massachusetts Bar Association (MBA) - Lawyer
Referral Services (LRS).
3. On October 12, 2005 Officials of the Immigration Customs
Enforcement (ICE) issued 1-94 to all members of my family with
vicious and suspicious cancellations and self created errors to the
extent of issuing Kleber Ofume’s 1-94 with date of birth of 1998
whereas Kleber was born in 1988. Because of this change on his date of
birth, Kleber who is a student at the North Shore Community College,
Lynn, MA has been unable to apply for social security card,
Massachusetts ID card, student loan and bursary, etc.
4. I wrote several letters to ICE and made several telephone calls to
request ICE to correct the errors but ICE refused to heed my plea and
issued threat of deportation. On January 7, 2009 Kleber went to the
office of ICE at Boston Logan Airport to request it to correct the
mistake and upon presenting his request, swiftly Kleber was
arrested, detained, ex-communicated.
5. To bail Kleber I contacted Massachusetts Bar Association (MBA) -
Lawyer Referral Services (LRS) and they referred me to Attorney Mark
Horrigan at 781-599-7477. Mr. Horrigan convinced me that Ms. Nancy
Norman is his wife and that she is trained in Immigration and Asylum
law. I told Mr. Horrigan that my son, Kleber Odimegwu Ofume’s case is
emergency because he is facing accelerated and politicized deportation
within one week. My son is a student at NORTH SHORE COMMUNITY COLLEGE,
LYNN CAMPUS
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Phillip Ofume v. Nancy Norman CIVIL DOCKET NO. 0913 SC 1053
without criminal record. Mr. Horrigan gave me the telephone
(781-592-4666) of Ms. Norman. I telephoned Ms. Norman and she
suggested meeting date for February 9, 2009.
6. On February 9, 2009 I told Mr. Horrigan that my son, Kleber
Odimegwu Ofume’s case is emergency because he is facing accelerated
and politicized deportation within one week. I severally asked Ms.
Norman whether she has time to do his bail. Ms. Norman agreed to take
carriage of his bail.
7. On February 9, 2009 Ms. Norman and I negotiated the full costs
to bail Kleber. I am well educated in Mediation, Negotiation and
Conflict Management and Resolution including Advanced Mediation
(Dalhousie University, Law School, Halifax NS Canada). Notwithstanding
that I have done all the motions and memoranda, Ms. Norman imposed
$500.00. Comparing the fees some walk-in attorney at Suffolk County
House of Correction which staff there gave to me agreed to take
$300.00 or less because according to them Kleber‘s case is a simple
case because he has no criminal record and charge brought against him
by Lynn Police Department in Lynn District Court is undetermined and
immaterial to establish valid allegation. I decided to consider
possibility of scam and I decided to take referral from credible
organization like MBA and costs for contacting out of Lynn attorneys
and decided to take defendant or Ms. Norman. At this point, I further
negotiated and requested for reduction. Ms. Norman cut $20.00. Ms.
Norman and I settled and agreed for $480.00 for only Kleber‘s bail.
8. On February 9, 2009, for about three minutes of less than 20
minutes meeting, I repeatedly told Ms. Norman fact about the urgency
of Kleber’s bond/bail motions and I further informed her that
information revealed that less than one week Kleber would be deported
to Nigeria. Again and again I asked Ms. Norman whether she has time to
take the case. Ms. Norman told me that she has time to take the case
and she added that her carriage of the family’s case will be limited
to Kleber’s Bail and that the family Asylum case before the BIA is not
included. Ms Norman and I agreed on these conditions. On February 9,
2009 regarding the politicized charge against my son by Lynn Police
Department, I gave Ms.
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Phillip Ofume v. Nancy Norman CIVIL DOCKET NO. 0913 SC 1053
Norman the Business card and telephone number (978-774-0087) of my
son’s Defence Attorney, Barbara D. Keon, Esq. And also gave Ms. Norman
Kleber’s Self-Recognizance Bail documents which Lynn Police
Department issued on December 23, 2008. The Bail Documents and Ms.
Keon Business Card are hereto attached and marked EXHIBITS “C” & “D”.
9. On February 9, 2009 I paid Ms. Norman $280.00 balancing $200.00
and we (Norman and Ofume) agreed that the balance will be paid after
Kleber’s bail. On February 9, 2009 because of this emergency, I gave
Ms. Norman two Immigration Judges (Eliza C. Klein or Thomas M. Ragno)
of The US Immigration Court, Boston, MA that are familiar with my
family’s Immigration (Asylum) case. For example, Immigration Judge
Eliza C. Klein has issued important orders (disclosure of important
documents, consolidation, etc) on ICE and she understands my family‘s
case. I also know that attorney of record in the United States is
entitled to certain discretionary practice to address URGENT OR
EMERGENCY MOTION like this to SINGLE JUDGE. The payment receipts
dated February 9, 2009 is attached and marked EXHIBIT “A”
10. Contrary to the agreed condition stated in para 9 above, shocking
on before February 12, 2009 Ms. Norma and her secretary telephoned me
several times demanding full payment on February 12, 2009. I was
surprised because this not our oral agreement. On February 12, 2009 I
paid Ms. Norman the balance of $200.00. This automatic change of
attitude is my experience in Canada. The payment receipts dated
February 12, 2009 is attached and marked EXHIBIT “B”
11. On February 13, 2009 I telephoned Ms. Norman to know whether she
has filed Kleber’s Motion and her secretary answered the telephone
and she (Secretary) told me that Ms. Norman has problem and that she
will be out of office for two (2) weeks. I was shocked and lamented
that my son is gone and he would be loosing a great deal on his
college studies
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Phillip Ofume v. Nancy Norman CIVIL DOCKET NO. 0913 SC 1053
which he has suffered to move to this level under self-effort and
parents’ zero-income.
12. During Ms. Norman’s unexpected leave of absent, after several
telephone calls which were answered by Ms. Norman’s Secretary, she
returned one call and warned me to stop telephoning her office and
that failure she will call police on me. Based on this threat, I filed
Complaint with The Massachusetts Board of Bar Overseer and the Board
advised me to proceed to Small Claim Court to recover the legal fees
which I paid to Ms. Norman.
13. On March 7, 2009 I mobilized NGOs and we sent Open Letter to
President Barack H. Obama, Vice-President Joseph Biden, Secretary of
DHS, Secretary of Justice and Attorney-General, etc to complaint about
the prison conditions of Kleber and the conduct of Ms. Norman. On
March 7, 2009 less than or about 6 minutes sequel publication of this
Open Letter, suddenly Ms. Norman’s e-mail emerged claiming she has
filed Bail Motion for Kleber and according Ms. Norman hearing
scheduled and surprisingly, before Judge D’Angelo for March 10, 2009
at 1.00 pm. Why did the court assign the motion to Judge D’Angelo and
Ms. Norman allow the assignment under the pending animosities and
complaint against his extra-judicial conduct and appeals and
uncountable publications, articles, papers, etc?
14. Ms. Norman refused to disclose the purported bail motion which
she claimed was filed for Kleber. Ms. Norman failed and refused to
serve copies of the Motion on Kleber and me. We speak, read and write
English language. My question is whether in the United States copies
of process or brief which counsel or attorney filed for his or her
client are not given to his/her client.
15. On March 8, 2009 at about 11.00 p.m. information revealed that
Kleber was blindfolded, handcuffed and chained from head to toe and
moved to Batavia, Buffalo, NY. I recorded several urgent messages on
Ms. Norman‘s voice message and demanded for urgent or rush Motion for
stay of deportation to Buffalo to stop the deportation. When Ms.
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Phillip Ofume v. Nancy Norman CIVIL DOCKET NO. 0913 SC 1053
Norman’s office was opened on March 9, 2009 I made several telephone
calls on Ms. Norman’s secretary and when Ms. Norman failed to reply, I
prepared Motion for Stay of Deportation to Buffalo and there the Clerk
refused to file the motion because of want of jurisdiction and the
clerk advised that jurisdiction lies in Immigration Court Boston, MA.
16. March 8 and 9, 2009 Ms. Norman failed to return my calls. On
March 10, 2009 ICE deported Kleber to Nigeria. Also on March 10, 2009
when different members of my family and friends were already heading
to The Immigration Court Boston, Ms. Norman telephoned me and informed
me that Judge D’Angelo telephoned her stating his opinion that he has
no jurisdiction over Kleber’s case.
17. I telephoned and also wrote to Ms. Norman requesting full payment
($480.00) which I paid to her. She ignored my request and remain proud
because she is attorney (and) and I am refugee and stateless person
and one of the vulnerable residents of the United States.
18. To cloud this poor performance and divert my attention from
heeding the advice of the Board of Bar Overseer, Ms. Norman demanded
for more money after I have paid her in full and without doing the
case when my son has been deported. For example, if Ms. Norman filed
any motion late when the motion is not required or after several weeks
following my first payment, why is that she refused to give copies to
me and Kleber.
19. In Canada, United Nations, United State, etc I have pursued large
and small cases to the last courts of resort and particularly in
Canada and United States under pro se, I have pursued several
contentious and large claim cases from Board or agency level through
courts to the Supreme Court of Canada/United States.
20. In Kleber’s case, I was prevented from filing his bail bond and
bail motion because Immigration Court, Boston, MA which held extensive
animosity against my household because of my bid for the President of
Nigeria, refused to accept my motions because I have no license to
file documents for my son who is in immigration detention. I also used
US
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Phillip Ofume v. Nancy Norman CIVIL DOCKET NO. 0913 SC 1053
Constitution and Bill of Right ( INA: ACT 208 (Asylum), § 240 of the
INA; Petition for Writ of Habeas Corpus - Federal - 28:2241; etc) to
construct his Bond and Bail Motion under Kleber’s self-representation
but Immigration Court, Boston, MA blocked the process in breach of
several Supreme Court of the United States decisions in support of Pro
se.
CONCLUSION
Compelling Reason of the foregoing, I request this Court to grant the
relief sought in my summarized statement of claim filed with this
Court on April 2, 2009 and I also demand further judgment against the
defendant, Ms. Nancy Norman for damages and such other relief as this
court deems just.
VERIFICATION
I, Dr. Phillip Chukwuma Ofume, hereby verify and signed, under the
pain and penalty of perjury, under the laws of the United States of
America, without the “United States”, that the above statement of
facts and laws is true and correct, according to the best of My
current information, knowledge, and belief, so help me God.
Sworn date: May 04, 2009 A.D.
_____________________
Phillip C. Ofume, Ph.D. – Representative/Advocate for the defendant
33 Arlington Street, Suite 1
Lynn, Massachusetts 01902
E-mail: confi...@hotmail.com, global
aids_hivcur...@yahoo.co.uk
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Phillip Ofume v. Nancy Norman CIVIL DOCKET NO. 0913 SC 1053
CERTIFICATE OF SERVICE
I, Dr. Phillip C. Ofume, Representative/Advocate for the Respondent
(Ofume family) hereby certify that I have served the foregoing
documents named, VERIFIED SUPPLEMENTARY STATEMENT OF SMALL CLAIM AND
NOTICE OF TRIAL upon all parties, by mailing a copy, first class,
postage prepaid to::
Attorney Nancy Norman
NANCY B. NORMAN
154 Lynnway, Unit I-C.
Seaport Landing
Lynn, MA 01902
781-592-4666 (Tel)
781-599-1441 (Fax)
_____________________
Phillip C. Ofume, Ph.D. – Pro se & Forma Pauperis
DATED: May 04, 2009
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