Joseph v. NASA et al

Filing 23

ORDER: For the completeness of the record, the Court is docketing the attached communications that Plaintiff sent this Court, among numerous others, via email on July 28, July 29, and July 30, 2022. In the letter attached to his July 28 email, Pla intiff asserts that he "declines to legitimize the Court's decision by participating further" in "these proceedings." Infa. Thus, the Court reminds Plaintiff that failure to comply with court orders and prosecute his case, in cluding failure timely to file an opposition to Defendants' motions to dismiss, may result in dismissal for failure to prosecute. See Fed. R. Civ. P. 41(b). The Court also admonishes Plaintiff to limit communications with the Court to letters filed on ECF. Plaintiff should not send the Court ex parte communications via email, and he should not file more than one letter on the same subject. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/1/2022) (kv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 

RHAWN JOSEPH,
Plaintiff,
-v-

No. 22-cv-466 (MKV)

NASA, SPRINGER NATURE AMERICA
INC., and SPRINGER NATURE ACADEMIC
PUBLISHING LLC,

ORDER

Defendants.
MARY KAY VYSKOCIL, District Judge:
For the completeness of the record, the Court is docketing the attached communications
that Plaintiff sent this Court, among numerous others, via email on July 28, July 29, and July 30,
2022. In the letter attached to his July 28 email, Plaintiff asserts that he “declines to legitimize the
Court’s decision by participating further” in “these proceedings.” Infa. Thus, the Court reminds
Plaintiff that failure to comply with court orders and prosecute his case, including failure timely
to file an opposition to Defendants’ motions to dismiss, may result in dismissal for failure to
prosecute. See Fed. R. Civ. P. 41(b). The Court also admonishes Plaintiff to limit communications
with the Court to letters filed on ECF. Plaintiff should not send the Court ex parte communications
via email, and he should not file more than one letter on the same subject.
SO ORDERED.
_________________________________
__________
_ ________________
_ _________
MARY K
KAY
VYSKOCIL
A VYS
AY
YS
SKO
K CIL
L
States
District
United Sta
t tes Dist
sttrriict Judge

Date: August 1, 2022
New York, NY

1

From:
To:
Subject:
Date:
Attachments:

Rhawn Gabriel Joseph
Temporary Pro Se Filing NYSD; Chase, Jeremy; [e-mail]; caseview.ecf_usdoj.gov;
[e-mail]; Vyskocil NYSD Chambers
Please File: Case No. 1:22-cv-466-MKV
Thursday, July 28, 2022 5:06:01 PM
ThirdLetterVykocil.pdf

CAUTION - EXTERNAL:
Rhawn Joseph v. NASA, et al., Case No. 1:22-cv-466-MKV
Letter to Judge MKV
Please file
/s/Rhawn Joseph, Ph.D.
7/28/2022
408298-9833

CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution
when opening attachments or clicking on links.

Rhawn Joseph, Ph.D.
677 Elm St. San Jose, CA. 95126
July 28 2022
Honorable Mary Kay Vyskocil
United States District Court
Southern District of New York
500 Pearl Street, Room 2230
New York, New York 10007

(NASA / Springer Nature Lawsuit)
-Decline to Amend

(Pre-Motion Conference)
Re: Rhawn Joseph v. NASA, et al., Case No. 1:22-cv-466-MKV
Judge Vyskocil:
As stated, only an imbecile or a judge who has accepted bribes would judge that fake click
through agreement to be legitimate. It is irrelevant to this Court that if it is impossible to click,
check or agree to that obviously fake agreement. Even Springer Nature’s attorney admitted it is
impossible and what they filed is fake. This Court has no interest in facts, exhibits, justice or the
truth. Even when the Defendants admit guilt, this is irrelevant to this Court. The Court has one
mission: to protect these defendants and their high powered attorneys who knew they could
commit fraud against the Court and that the Court would go along with these obvious frauds no
matter how blatant.
I anticipated the outrageously unjust decision of this Court and I affirm that I decline to
legitimize the Court’s decision by participating further or by amending the complaint as these
proceedings are not based on truth, justice or the law and serve only to cover up the blatantly
and outrageously obvious crimes and frauds committed by Springer Nature, and Judge Cronan
et al.

/s/Rhawn Joseph, Ph.D.
7/28/2022

From:
To:
Subject:
Date:
Attachments:

Rhawn Gabriel Joseph
Temporary Pro Se Filing NYSD; Chase, Jeremy; [e-mail]; caseview.ecf_usdoj.gov;
[e-mail]; Vyskocil NYSD Chambers
Final Letter To Judge MKV--Please File
Friday, July 29, 2022 2:28:45 AM
FinalLetterToVykocil.pdf

CAUTION - EXTERNAL:
Rhawn Joseph v. NASA, et al., Case No. 1:22-cv-466-MKV
Please file

Final Letter to Judge MKV
-Judge Vyskocil Admits Case Has Been “fixed”
-Springer Nature Admit To Bribing Cronan
-Springer Nature Admits Fraud Against The Court
/s/Rhawn Joseph, Ph.D.
7/28/2022
408298-9833

CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution
when opening attachments or clicking on links.

Rhawn Joseph, Ph.D.
Honorable Mary Kay Vyskocil
United States District Court
Southern District of New York
500 Pearl Street, Room 2230
New York, New York 10007

July 28 2022
(FINAL COMMUNICATION)
-Judge Vyskocil Admits Case Has Been “fixed”
-Springer Nature Admit To Bribing Cronan
-Springer Nature Admits Fraud Against The Court

Re: Rhawn Joseph v. NASA, et al., Case No. 1:22-cv-466-MKV
Judge Vyskocil:
In Plaintiff’s July 2022 letters to the Court, Plaintiff levied the following accusation against you and
this Court: “As documented in a criminal complaint filed with the DOJ on 3/20/22 the case of Joseph v
NASA has been “fixed” and the decision to dismiss has already been made.” Your failure to deny this
Plaintiff’s accusation is an admission of guilt. Nor did you deny this allegation: “Naturally, predictably,
the Court and the U.S. Justice Dept. will do everything in their power to cover up Cronan’s crimes and
will never allow this case to proceed and go to trial. The fact is NASA and the DOJ is aiding and abetting
Fraud Against the Court.” And not just you, but NASA and the Justice Dept failed to deny and responded
with silence. Springer Nature was accused of bribing Cronan and there was no denial. Nor did Springer
Nature deny committing fraud against the Court. You have all tacitly admitted the accusations are true.
According to FRCP 8: A defendant must (b)(B) admit or deny the allegations asserted against
it by an opposing party. Silence is an admission of guilt.
The doctrine of tacit admissions, that the failure to deny or respond to an accusation is evidence of
guilt, is firmly entrenched in state and federal case laws, based on the assumption that a person is more
likely to deny an accusation he knows to be false than one he knows to be true (United States v. Miller,
478 F.3d 48, 51 (1st Cir. 2007); Salinas v. Texas, 570 U.S. 178 (2013); People v. Nitti, 312 Ill. 73, 94,
143 N.E. 448, 455 (1924); People v. Simmons, 28 Cal. 2d 699, 712, 172 P.2d 18, 25 (1946), 20 So. CAL.
L. REv. 224 (1947); State V. Farnsworth, 383 P.2D 489 (Utah 1963); Kule-Rubin, et al v. Bahari Group,
Limited; People v Vining 2017 NY Slip Op 01144; People v Koerner, 154 NY 355, 374 (1897); reviewed
in Mccormick On Evidence 405–06 (6Th Ed. 2006); Black’s Law Dictionary 11th Edition; Tacit Criminal
Admissions, H. S, Hiles, University Of Pennsylvania Law Review, Vol 112, 210-258, 1964; Adoptive
Admissions And The Duty To Speak, B. Ruber, Cardozo Law Review, Vol 36, 300-332).
The Federal Rules of Evidence’s advisory committee’s notes endorse the common law doctrine of
tacit admissions by silence, and allows the use of silence as an indication of guilt, stating that the results
to which it has led in civil cases have been “satisfactory” (FED. R. EVID. 801 advisory committee’s
note). The Supreme Court considers these “notes” to be an authoritative guide to the meaning of the
Federal Rules of Evidence: “We have relied on those well-considered Notes as a useful guide in
ascertaining the meaning of the Rules. . . . The Notes disclose a purpose to adhere to the common law in
the application of evidentiary principles... (Tome v. United States, 513 U.S. 150, 160 (1995).
You, this Court, NASA, Springer Nature, by your failure to deny this Plaintiff’s accusations, have
admitted to conspiring to pervert and obstruct justice and committing fraud against the Court.
This is why I refuse to file an amended complaint: This Court refuses to behave honestly. You and
Cronan have made up bizarre lies and employ illogical reasoning to justify your unjust decisions; you
merely repeated the arguments of the Defendants and ignored the pleadings; you resorted to ad hominem
personal defamatory attacks and manufactured fake quotes to discredit me--e.g. I never compared myself
to Galileo--I never stated I agreed to that click through agreement-- and you have admitted, via silence,
Plaintiff’s accusations against this Court. All of you are guilty. Your silence has condemned you. The
only honest thing this Court can do, is reverse itself and find Springer Nature Guilty of Fraud Against the
Court. But that won’t happen. The case is fixed. None of you denied it because it’s true. So, I am done.
/s/Rhawn Joseph, Ph.D.

From:
To:

Subject:
Date:

R. Gabriel Joseph
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; caseview.ecf_usdoj.gov; Kornreich, Mollie (USANYS);
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail];
Vyskocil NYSD Chambers; Chase, Jeremy
Judge Vyskocil / DOJ Admits Guilt: Bribery, Corruption, Coverup
Friday, July 29, 2022 12:04:24 PM

CAUTION - EXTERNAL:

Judge Mary Vyskocil / DOJ Admits Guilt: Bribery, Coverup
RE: Joseph v NASA, Springer Nature1:22-cv-466-MKV
1:22-cv-466-MKV
Document: 22
-Judge Vyskocil & DOJ Admit Case has been "Fixed"
-Judge Vyskocil & DOJ Admit Cover Up of Bribery
-Vyskocil, DOJ, Springer Nature Admit Conspiracy to Obstruct & Pervert Justice
-Vyskocil, DOJ, Springer Nature, Commit Fraud Against the Court

SPECIAL PROSECUTOR MUST BE APPOINTED
ATT: Justice Dept. New York D.A, Congressional Judiciary Committee
As detailed in Document 22 and filings by the Plaintiff, Judge Vyskocil has admitted the case
of Joseph v NASA has been "fixed, and that she, the Southern Federal Court District of New
York and the Southern District US Attorneys Offices and Springer Nature are engaged in a
coverup of bribery and have conspired to commit fraud against the Court. In addition Springer
Nature has admitted bribing Judge Cronan and committing fraud against the Court.
These criminals admitted guilt, by their failure to deny their guilt and by responding with
silence when accused--and the Court universally considers this silence an admission of
guilt The doctrine of tacit admissions, that the failure to deny or respond to an accusation is
evidence of guilt, is firmly entrenched in state and federal case laws, based on the assumption
that a person is more likely to deny an accusation he knows to be false than one he knows to
be true (United States v. Miller, 478 F.3d 48, 51 (1st Cir. 2007); Salinas v. Texas, 570 U.S.
178 (2013); People v. Nitti, 312 Ill. 73, 94, 143 N.E. 448, 455 (1924); People v. Simmons, 28
Cal. 2d 699, 712, 172 P.2d 18, 25 (1946), 20 So. CAL. L. REv. 224 (1947); State V.
Farnsworth, 383 P.2D 489 (Utah 1963); Kule-Rubin, et al v. Bahari Group, Limited; People v
Vining 2017 NY Slip Op 01144; People v Koerner, 154 NY 355, 374 (1897); reviewed
in Mccormick On Evidence 405–06 (6Th Ed. 2006); Black’s Law Dictionary 11th
Edition; Tacit Criminal Admissions, H. S, Hiles, University Of Pennsylvania Law Review, Vol
112, 210-258, 1964; Adoptive Admissions And The Duty To Speak, B. Ruber, Cardozo Law
Review, Vol 36, 300-332).
The Federal Court and U.S. Attorneys Offices in the SD of NY are Corrupt and have Admitted Guilt. How many innocent
men and women have been falsely convicted because of these criminals? How many criminals escaped justice because they
paid bribes? Plaintiff is just one of their victims.

A SPECIAL PROSECUTOR MUST BE APPOINTED
/s/Rhawn Joseph, Ph.D.

CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution
when opening attachments or clicking on links.

From:
To:

Subject:
Date:

Rhawn Gabriel Joseph
NYSD Swain Corresp; Vyskocil NYSD Chambers; Cronan NYSD Chambers;
[e-mail]; Berman NYSD Chambers;
[e-mail]; Buchwald NYSD Chambers; Broderick NYSD Chambers; Caproni
NYSD chambers; Robert Carter NYSD Chambers; Castel NYSD Chambers; Cote NYSD Chambers; Daniels NYSD
Chambers; [e-mail]; Crotty NYSD Chambers;
[e-mail]; Karas NYSD Chambers; Liman NYSD Chambers; Rakoff NYSD
Chambers; Preska NYSD Chambers
Cronan Takes a Bribe / Vyskocil Admits Coverup
Friday, July 29, 2022 10:16:03 PM

CAUTION - EXTERNAL:

Cronan Takes a Bribe / Judge Mary Vyskocil / DOJ Admits Bribery, Coverup
RE: Joseph v NASA, Springer Nature1:22-cv-466-MKV
1:22-cv-466-MKV
Document: 22
-Judge Vyskocil & DOJ Admit Case has been "Fixed"
-Judge Vyskocil & DOJ Admit Cover Up of Bribery of Judge Cronan
-Vyskocil, DOJ, Springer Nature Admit Conspiracy to Obstruct & Pervert Justice
-Springer Nature admits Bribing Cronan
-Vyskocil, Cronan, Springer Nature, Commit Fraud Against the Court
ATT: Chief Judge Laura Swain
You have (at least) two crooked judges, Cronan who took bribes and Vyskocil who is
covering it up. Both judges have conspired with the Defendants to commit fraud against the
court, to pervert and obstruct justice, and they have ruled that a "click through agreement" is
valid, despite the fact that even the Defendants admit it is fake and it is and was impossible for
anyone to "click" "check" "agree" or sign--but that truth doesn't matter to these two black
robed criminals--because as Vyskovicil has admitted: The case is fixed.
Cronan belongs in a jail cell. Vyskocil is not fit to serve on the bench.
And no, I don't expect you to investigate these two gangsters in black robes. I expect you and
the Southern District to cover it up and blame the victim. Because, I suspect, there are a lot of
judges who are taking bribes--just like Cronan; which is why Vyskocil is covering it up.
If these two are representative of the Southern District, then, it's a cesspool of corruption.
/s/Rhawn Joseph, Ph.D.

CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution

when opening attachments or clicking on links.

From:
To:

Cc:

Subject:
Date:

Rhawn Gabriel Joseph
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; caseview.ecf_usdoj.gov; Kornreich, Mollie (USANYS);
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail]
NYSD Swain Corresp; Vyskocil NYSD Chambers; Cronan NYSD Chambers;
[e-mail]; Berman NYSD Chambers;
[e-mail]; Buchwald NYSD Chambers; Broderick NYSD Chambers; Caproni
NYSD chambers; Robert Carter NYSD Chambers; Castel NYSD Chambers; Cote NYSD Chambers; Daniels NYSD
Chambers; [e-mail]; Crotty NYSD Chambers;
[e-mail]; Karas NYSD Chambers; Liman NYSD Chambers; Rakoff NYSD
Chambers; Preska NYSD Chambers; [e-mail]; [e-mail]; [e-mail];
[e-mail]; Laura Chang; [e-mail]; [e-mail]; Pam Belluck; Ben Carey
Proof of Guilt: Cronan/Vyskocil/SpringerNature: Bribery & Obstruction of Justice:
Saturday, July 30, 2022 12:06:20 PM

CAUTION - EXTERNAL:

Joseph v NASA, Springer Nature1:22-cv-466-MKV
1:22-cv-466-MKV
RE: Proof of Guilt:
-Springer Nature Admits to Bribing Cronan to "fix" the case of Joseph v Springer Nature et al.
-Judge Vyskocil. U.S. Attorneys Office (Southern District), Springer Nature Admit to "fixing"
the case of Joseph v NASA, Springer NAture
ATT: DOJ / Swain / New York Times
CRONAN WAS BRIBED: As documented in the pleadings and letters to Judge Vyskocil,
and as admitted by Springer Nature, bribes were paid to Judge Cronan to "fix" the case of
Joseph v Springer Nature. To escape liability, and after Cronan was bribed, Springer Nature
created a fake "click through agreement" that even their attorneys admit was impossible for
this Plaintiff to click, check, mark, agree or attach his signature. But because Cronan had been
bribed, he ruled it genuine--which is tantamount to ruling that the "cow jumped over the
moon." Only an imbecile, someone who is delusional, or a bribe taking judge would rule this
obviously fake document is legitimate. Springer Nature failed to deny that they bribed Cronan
and this is evidence of guilt. Cronan was bribed.
SILENCE & FAILURE TO DENY ARE AN ADMISSION OF GUILT
In Plaintiff’s July 2022 letters to the Court, Plaintiff levied the following accusation against Vyskocil, Cronan, the DOJ, and
the Southern District Federal Court: “As documented in a criminal complaint filed with the DOJ on 3/20/22 the case of Joseph
v NASA has been “fixed” and the decision to dismiss has already been made.” Your failure to deny this Plaintiff’s accusation
is an admission of guilt. Vyskocil, the Court, and the DOJ did not deny this allegation: “Naturally, predictably, the Court and
the U.S. Justice Dept. will do everything in their power to cover up Cronan’s crimes and will never allow this case to proceed
and go to trial. The fact is NASA and the DOJ is aiding and abetting Fraud Against the Court.” Vyskocil, the Court NASA
and the Justice Dept failed to deny and responded with silence. Springer Nature was accused of bribing Cronan and there was
no denial.
According to FRCP 8: A defendant must (b)(B) admit or deny the allegations asserted against it by an opposing party.
Silence is an admission of guilt.
The doctrine of tacit admissions, that the failure to deny or respond to an accusation is evidence of guilt, is firmly entrenched
in state and federal case laws, based on the assumption that a person is more likely to deny an accusation he knows to be false
than one he knows to be true (United States v. Miller, 478 F.3d 48, 51 (1st Cir. 2007); Salinas v. Texas, 570 U.S. 178 (2013);
People v. Nitti, 312 Ill. 73, 94, 143 N.E. 448, 455 (1924); People v. Simmons, 28 Cal. 2d 699, 712, 172 P.2d 18, 25 (1946), 20
So. CAL. L. REv. 224 (1947); State V. Farnsworth, 383 P.2D 489 (Utah 1963); Kule-Rubin, et al v. Bahari Group, Limited;
People v Vining 2017 NY Slip Op 01144; People v Koerner, 154 NY 355, 374 (1897); reviewed in Mccormick On Evidence
405–06 (6Th Ed. 2006); Black’s Law Dictionary 11th Edition; Tacit Criminal Admissions, H. S, Hiles, University Of

Pennsylvania Law Review, Vol 112, 210-258, 1964; Adoptive Admissions And The Duty To Speak, B. Ruber, Cardozo Law
Review, Vol 36, 300-332).
The Federal Rules of Evidence’s advisory committee’s notes endorse the common law doctrine of tacit admissions by
silence, and allows the use of silence as an indication of guilt, stating that the results to which it has led in civil cases have
been “satisfactory” (FED. R. EVID. 801 advisory committee’s note). The Supreme Court considers these “notes” to be an
authoritative guide to the meaning of the Federal Rules of Evidence: “We have relied on those well-considered Notes as a
useful guide in ascertaining the meaning of the Rules. . . . The Notes disclose a purpose to adhere to the common law in the
application of evidentiary principles... (Tome v. United States, 513 U.S. 150, 160 (1995).
Vyskocil, the Court, DOJ, NASA, Springer Nature, by the failure to deny this Plaintiff’s accusations, have admitted to
conspiring to pervert and obstruct justice and committing fraud against the Court.
DR. JOSEPH LEVIES CRIMINAL CHARGES AGAINST CRONAN, VYSKOCIL, SPRINGER NATURE, US
ATTORNEY'S OFFICE & SOUTHERN DISTRICT FEDERAL COURT
--Conspiracy to Violate Dr. Joseph's 1st, 5th and 14th Amendment Rights
--Conspiracy to Violate U.S. Copyright laws & Dr. Joseph's copyright.
--Conspiracy to Commit Fraud Against the Court
--Conspiracy to Obstruct Justice
--Bribery
DR. JOSEPH (PLAINTIFF) DEMANDS CHANGE OF VENUE OUTSIDE NY/2ND CIRCUIT.
--Cronan, Vyskocil, and the Southern Federal District Court of NY, Conspired to and have admitted to Violating this
Plaintiff's 1st, 5th, and 14th Amendment Rights
--Plaintiff demands a change of venue outside New York and the jurisdiction of the 2nd Circuit Court.
/s/Rhawn Joseph
7/30/2022

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when opening attachments or clicking on links.