IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
|Karen Marie Kline,
v. CIV 04-309 ACT/DJS
James Hall, Judge
Art Encinias, former Judge,
First Judicial District Court,
First Judicial District Court Clerk,
New Mexico Court of Appeals,
COMES NOW, Karen Kline, Plaintiff, pro se, and files this Notice of
Withdrawal of Withdrawal of Part of Complaint and Memorandum in
Because Rule 11 prohibits an attorney from arguing something he or she
knows to be unsupported in law, I wrote in my Objection to Defendant’s
Motion to Dismiss that I withdrew a part of my complaint.
May 17, 2004’s evening news regarding the U.S. Supreme Court’s
decision in Tennessee v. Lane, showed me that Sean Olivas was not
actually saying things supported by law.
Therefore, I withdraw the following: “I withdraw my complaint in
relation to the First Judicial District Court, First Judicial Court Clerk, and
New Mexico Court of Appeals.”
My withdrawal is based on the Supreme Court’s recent decision in
Tennessee v. Lane, summarized at Findlaw to include the following:
Held: As it applies to the class of cases implicating the fundamental right
of access to the courts, Title II constitutes a valid exercise of Congress'
authority under §5 of the Fourteenth Amendment to enforce that
Amendment's substantive guarantees. Pp. 4-23.
That is, states cannot use the 11th Amendment to shield themselves from
suit under the ADA because access to the courts is a fundamental right.
It is also clear that Sean Olivas was violating Rule 11 when he cited a
Title I ADA decision which only relates to employment. It is clear from
reading my complaint that I was not talking about employment.
My intent in filing this law suit was to seek access for everyone who has
a mental disability. So, I don’t want to withdraw a part of my case which
may be necessary in order to effect the needed change.
WHEREFORE I respectfully request that the withdrawal on page 3 of
my Objection, “I withdraw my complaint in relation to the First Judicial
District Court, First Judicial Court Clerk, and New Mexico Court of
Appeals,” be stricken.
Respectfully submitted, .
Karen Kline, Plaintiff, pro se
Santa Fe, NM 87507
I certify that I mailed a true copy to opposing counsel today, May 18,
|NOTICE OF WITHDRAWAL OF
WITHDRAWAL OF PART OF COMPLAINT AND
MEMORANDUM IN SUPPORT
|Action for Justice - Pro Se
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