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THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF INDIANA

Kay Kim,
Plaintiff, )
)
v. )
) Cause No. 1:09-cv-0829-DFH-JMS
George F. Parker, M.D., IU Psychiatrist & )
as an Officer capacity power given by the State,)
Special Judge Judith S. Proffitt, )
Indiana University, employer of Dr. G. F. Parker,)
Defendants. )

DOCKETING STATEMENT

1. Appellant/Plaintiff, Kay Kim, Pro Se pursuant to Rule 3(b), 3(c) to the United

States Seventh Circuit Court of Appeals (7th COA) has Jurisdiction of district court appealed

from the Cause no 1:09-cv-0829-DFH-JMS.

2. 7th COA have jurisdiction pursuant to 42U.S.C.§1983, 42U.S.C.§1988,

42U.S.C.§14141, Intentional Malpractice and United States Constitution 5th, 6th, 8th, 14th .

3. Appellant/Plaintiff, Kay Kim, Pro Se sought relief from the 7th COA to

Enter/Order/Validate/Declare and Award Kay Kim, Pro Se’s claims/rights pursuant to line 2

Docketing Statement in its entirety as follows and not limited to:

3(a) Reverse lower court district Judge David F. Hamilton’s Orders docketed

#23, dismissing the defendant Indiana University, employer of

Psychiatrist George F. Parker on the grounds of testing the legal sufficiency of

12(b)(6).

3(b) Reverse lower court district Judge David F. Hamilton’s Orders docketed

#24, dismissing the defendant Psychiatrist George F. Parker on the

grounds of testing the legal sufficiency of 12(b)(6).

3(c) Reverse lower court Judge David F. Hamilton’s Order docketed #29.
dismissing State of Indiana Special Judge Judith Proffitt based on

absolute immunity doctrine. Therefore, upholding that Judge Proffitt’s

decision to take away Appellant/Plaintiff, Kay Kim, Pro Se’s self-

representation right is protect by the law even if done in conspiringly,

malicisously, corruptly.

3(d) Reverse lower court Judge David F. Hamilton’s Order docketed #29 and

#30 ordering Appellant/Plaintiff, Kay Kim, Pro Se to pay all costs

for the defendants.

3(e) Reverse lower court Judge David F. Hamilton’s Final Judgment docketed

#30 entered on September 17, 2009 in its entirety.

4. This 7th COA to Enter the Order Granting Appellant/Plaintiff, Kay Kim, Pro Se’s

sought relief request in its entirety as it is in my docketed #1 original Complaint ¶E-Cause of

Action and Claim and ¶G: Request for Relief pursuant to above line 2 in this Docketing

Statement which lower court Judge David F. Hamilton intentional failure and omissions of

malingering to deny in one line Final Judgment Order docketed #30 in a fashion that a 2nd hand

store at a discount outlet court’s whole sale dumping in its entirety as follows and not limite to:

4(a) This 7th COA to Order the declaratory judgment Granting

Appellant/Plaintiff, Kay Kim, Pro Se’s right to self representation

in the State of Indiana criminal court for pending misdemeanor charges

for my own defense.

4(b) This 7th COA to Order the injunctive relief Granting Appellant/Plaintiff,

Kay Kim, Pro Se that the State of Indiana to Stop competency

hearing which continued to September 25, 2009.

Either way, State of Indian must continued its trial until the matter of Kay Kim,
Pro Se’s Self-Representation Rights is resolved by the 7th COA and/or final order from the U.S.

Supreme Court if/when the party(ties) choose to appeal to the highest court of the land.

4(c) This 7th COA to Enter the Order Declaring that the intentional

malpractice by Psychiatrist George Parker commited fraud as a

doctor and the court appointed expert witness which conspired of character in

agreement with the Judge Proffitt against

Appellant/Plaintiff, Kay Kim, Pro Se’s mental evaluation causing

me and my family undue burden physically, mentally/emotionally and

financially. He couldn’t bite the hands that feed him and only to

violate Appellant/Plaintiff, Kay Kim, Pro Se’s rights in unimaginable

way.

Therefore, this 7th COA to Order Dr. George Parker, his employer of Indiana

University and State of Indiana Judge Judith Proffitt to pay Appellant/Plaintiff, Kay Kim, Pro Se

for all have occurred and incurring foreseeable damages/costs as requested in the original

Complaint docketed #1 ¶G-Request for Relief.

5. Lower court, district Chief Judge David Hamilton issued the Orders Docketed #29

and #30 that the Appellant/Plaintiff, Kay Kim, Pro Se to pay all defendant’s costs is retaliatory,

meritless and no law to justify. I, Appellant/Plaintiff, Kay Kim, Pro Se’s strongly believe that the

lawsuit against the defendants is not frivolous, groundless and meritless.

Therefore, Appellant/Plaintiff, Kay Kim, Pro Se urge this 7th COA Honorable

judge(s) to Reverse lower court’s order by Judge David F. Hamilton and Order the Defendants to

pay all cost to the Appellant/Plaintiff, Kay Kim, Pro Se and as requested in the relief docketed #1

¶G with its merits and as a matter of right.

6. This 7th COA Order to Stop and Discontinue the State of Indiana uses mental law

and its authority to force Appellant/Plaintiff, Kay Kim, Pro Se and/or any other defendant(s) to
take pretrial mental conversion/mental defense and/or competency hearing if/when a

defendant(s) chooses not to as own decision for excising the rights. (ref. Appellant/Plaintiff, Kay

Kim, Pro Se’s original Complaint docketed #1 ¶G-Request for Relief.

Thus, this 7th COA to Declare that the such practice as Unconstitutional.

Subsequently, this 7th COA to Order the State of Indiana to provide a fair trial for

Appellant/Plaintiff, Kay Kim, Pro Se for the alleged misdemeanor charge(s) to confront my

accusers accordance with the United States Constitution.

7. If this 7th COA Honorable Judge(s) determine that Appellant/Plaintiff, Kay Kim,

Pro Se’s filings in this court, docketed #1 original Complaint ¶F-Previous Lawsuits and taped

pretrial conference at the Indiana Southern District Court cause no 1:08-cv-1644-SEB-DML as I,

Plaintiff, Kay Kim, Pro Se are not enough proof to shows/satisfy this 7th COA’s Judges to reverse

lower court’s order by Judge David Hamilton, agree with the Psychiatrist, Dr. Parker’s 1 mental

evaluation report on Appellant, Kay Kim, Pro Se and to uphold State of Indiana Judge Proffitt’s

2decision to take away Appellant, Kay Kim, Pro Se's self representation rights ,

1 Psychiatrist George Parker’s mental evaluation report-docketed #1 Exhibit 1 and taped


mental evaluation session docketed #1 Exhibit 2 dated May 26, 2009. In summary, Psychiatrist
Parker wrote in his evaluation report that I, Appellant/Plaintiff, Kay Kim, Pro Se is not capable
of represent myself; cannot assist my own counsel for my own defense; is not competent to
stand trial; is danger to the community; no cure for me. Therefore, with his medical certainty
and accordance with State of Indiana Law, Dr. Parker concluded with pretrial involuntary civil
commitment is imminent for Appellant/Plaintiff, Kay Kim, Pro Se.

2 State of Indiana Special Judge Judith Proffitt issued the Order dated June 16, 2009 took
away Plaintiff/Appellant, Kay Kim, Pro Se’s Self Representation rights without hearing based on
intentional malpractice by Psychiatrist George Parker’s evaluation dated May 26, 2009,
Psychologist’s evaluation dated June 10, 2009 and ordered the Public Defender to take over Kay
Kim, Pro Se’s competency hearing and defense.
Then, I, Appellant/Plaintiff, Kay Kim, Pro Se respectfully request the ORAL

ARGUMENT from this 7th COA for a chance to demonstrate/to prove in front of panel of Judges

for further consideration.

Though, I, Appellant/Plaintiff, Kay Kim, Pro Se speak and write broken English
because English is my 2nd language, this is my 1st appeal ever without law back ground of any

kind and learning as I go-self taught/teaching,

But, I, Appellant/Plaintiff, Kay Kim, Pro Se is confidant and will be able to

demonstrate at the 7th COA in front of panel of judges with an Oral Argument that I,

Appellant/Plaintiff, Kay Kim, Pro Se is capable of communicate well enough for my own

presentation/argument/defense and not lack in substance.

Respectfully submitted,

Dated: September 21, 2009 By:


Kay Kim, Pro Se-Appellant/Plaintiff

4250 Village Pkwy c e apt. 2


Indianapolis, IN 46254
Ph: 317-641-5977
e-mail: retypeunitedstates@gmail.com

CERTIFICATE OF SERVICE

I do hereby certify that a copy of the foregoing to the counsels were either mailed by first
class U.S. Mail, postage prepaid or hand delivered no later than September 23, 2009.

____________________
Kay Kim, Pro Se-Appellant/Plaintiff

4250 Village Pkwy c e apt. 2


Indianapolis, IN 46254
Ph: 317-641-5977
e-mail: retypeunitedstates@gmail.com

Robert G. Weddle & Elizabeth A. Schuerman (Attorneys for G.F.Parker, M.D.)


TABBERT HAHN EARNEST & WEDDLE, LLP
One Indiana Square, suite 1900
Indianapolis, IN 46204-2032
telephone: 317-639-5444
facsimile: 317-639-5232
em: rweddle@tabberthahn.com, eschuerman@tabberthahn.com

David J. Mallon, Jr. & Jennifer M. Johnson (Attorneys for Indiana University)
ICE MILLER LLP
One American Square, Suite 3100 & 2900
Indianapolis, IN 46282-0200
t317-236-2100
em: jenniferjohnson@icemiller.com

Corinne Gilchrist (Attorney for Special Judge J.S. Proffitt)


Deputy Attorney General
Office of the Indiana Attorney General
Indiana Government Center South, 5th Floor
302 W. Washington Street
Indianapolis, IN 46204-2770
tel: 317-234-2237
fax: 317-232-7979
em: Corinne.Gilchrist@atg.in.gov

Kay Kim, Pro Se-Appellant/Plaintiff