D.C. Court of Appeals -- Express Notice that I was a Social Security Claimant 1993

In 1993 I filed an appeal of D.C. Department of Human Rights no probable cause finding in Freedman v. Akin, Gump, Hauer & Feld in the D.C. Court of Appeals, Freedman v. District of Columbia Department of Human Rights, no. 93-AA-1342 (D.C., Jan. 10, 1995) (memorandum opinion and judgment) (as amended per order, Sept. 20, 1995). The appeal was dismissed without prejudice for lack of jurisdiction, whereupon I filed a civil action in D.C. Superior Court.  In my Motion and Affidavit to Proceed on Appeal in forma pauperis I stated that I was a Social Security Disability claimant. The Motion was part of the record on appeal. The D.C. Court of Appeals and the D.C. Office of Corporation Counsel had express knowledge that I was a Social Security Claimant and that pleadings filed by the Corporation Counsel as well as the Court's disposition of the appeal impinged on a federal interest.   The Office of D.C. Corporation Counsel declined to file a Reply Brief in this appeal, relying on the decision in Simpson holding that an appeal of a D.C. Department of Human Rights no probable cause finding must first be filed in D.C. Superior Court.
____________________________________

D.C. Court of Appeals

GARY FREEDMAN

Appellant

v.

D.C. Dept. Human Rights

APPELLEE

MOTION AND AFFIDAVIT TO PROCEED ON APPEAL

IN FORMA PAUPERIS

I, Gary Freedman, being first duly sworn, depose and say that I am the appellant or petitioner in the above-entitled case and that I seek authorization to proceed on appeal without being required to prepay fees, costs or give security therefor. In support of my motion, I state that because of my poverty I am unable to pay the costs of said proceeding or give security therefor. I believe I am entitled to relief. The issues that I want to present on appeal are the following: appeal of agency no probable cause determination - no substantial evidence in record for determination, not in accordance with law.

I further swear that the responses which I give to the questions and instructions below relating to my ability to pay the costs of prosecuting the appeal are true.

1. Are you presently employed? Yes _____ No _X____

a. If the answer is yes, state the amount of your salary or wages per month and give the name and address of your employer.

b. If the answer is no, state the date of your last employment and the amount of the salary and wages per month which you received. Oct. 29, 1991/$2500 per mo.  $30,000 per years

2. Have you received within the past twelve months any income from a business, profession or other form of self-employment, or in the form of rent payments, interest, dividends, or other source?

Yes _X____ No _____

a. If the answer is yes, describe each source of income, and state the amount received from each during the past twelve months.


(1) unemplyment compensation, about $1172;

(2) social security disability, $1262

3. Do you own any cash or checking or savings accounts?
Yes _X____ No _____

a. If the answer is yes, state the total value of the items owned.

$3,800

4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)?

Yes _____ No _X____

a. If the answer is yes, describe the property and state its approximate value.

5. List the persons who are dependent upon you for support and state your relationship to those persons.

none

I understand that a false statement or answer to any of the questions in this affidavit will subject me to penalties for perjury.

Signature of Applicant:

Address:

3801 Connecticut Ave NW
Apt. 136/Wash. DC 20008-4530

Wash DC 20008-4530

Telephone Number:

(202) 362-7064 or (202) 363-3800

SUBSCRIBED AND SWORN TO before me this __________ day of __________ 19_____.


Notary Public or other Officer
authorized to administer oath

NOTE: YOU MUST ANSWER ALL OF THE QUESTIONS. FAILURE TO ANSWER ALL QUESTIONS COMPLETELY WILL RESULT IN THE DENIAL OF YOUR MOTION

[Stamp: District of Columbia Court of Appeals REC'D OCT 22 1993]