Motion For Reconsideration via: Rule 59(e):

UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
WASHINGTON, D.C.

Civil Action #12-cv-865-RMC

June 29, 2014

Honorable: Rosemary M. Collyer,
U.S. District Judge.

Vincent Michael Marino
Plaintiff,

v.

Department of Justice, et al.,
Defendants.

PLAINTIFF: MARINO’s MOTION/AFFIDAVIT VIA: FED.R.CIV.P. RULES 59(E)/60(B)(1-6), FOR THIS COURT TO RECONSIDER IT’S DENIAL OF MARINO’S FEE WAIVER REQUEST DOCUMENT 39, 6-19-2014, IN LIGHT OF HAINES V. KERNER

Affidavit of Marino via: Fed.R.Civ.P. Rule 56(f):

[1] On 6-19-2014, this Court issued its order denying Marino‘s fee waiver request Document 39 and grounded its denial specifically as follows:

(a) Marino concedes that the information he seeks already exists in Public Domain Document 39 page 2.

Moreover, Mr. Marino failed to provide sufficient information concerning how he will disseminate the records that he requests because these deficiencies are fatal to Mr. Marino‘s Fee Waiver request the Court will deny Mr. Marino‘s Motion.

[2] This Court stipulates on page 7 at paragraph 1; However, because Mr. Marino is proceeding Pro-Se, the Court will construe his request for a fee waiver liberally.See Haines v. Kerner, 404 U.S. 519, 520 (1972); United States v. Bayfield, 391 277, 281 (D.C.Cir.2004).

On that note Marino offers the following:

According to this Court’s ruling page 8 paragraph 2, EOUSA denied Mr. Marino‘s Fee Waiver request because he had no satisfied all of the factors for the Public Interest analysis.In its letter to Mr. Marino, EOUSA faulted him for (1) Not explaining with sufficient specificity to which operations or activities of the Government his records request pertained.

(2) failing to detail how his records request would significantly increase public understanding of Government operations or

activities, and

(3) Not providing an adequate plan for disseminating the requested records to the public.

See June 16, 2014, letter to Mr. Marino at 4-5. THE COURT AGREES AS TO THE LATTER TOW POINTS.

While Mr. Marino‘s briefings is often difficult to follow, his position is clear that the records he requests will reveal information about the inner workings of the FBI…and, perhaps U.S. Attorney’s Offices.See U.S. Dep’t of Justice v. Reporters Comm. for Freedom of Press, 489 U.S. 747, 774 (1989) (“[T]he basic purpose of the [FOIA IS] to open agency action to the light of public scrutiny.” (alterations in original) (quoting Dep’t of Air Force v. Rose,425 U.S. 352, 372 91976); See also Judicial Watch, Inc. v. U.S. Dep’t of Treasury, 796 F.Supp.2d 13, 22-23 (D.D.C.2011)(“Congress enacted FOIA to promote transparency across the [Federal] Government.”)

Mr.Marino contends that the requested records will expose corruption within the FBI, Mot. for fee waiver at 6, and reveal a “Super Secret [FBI] program called “TOP ECHELON INFORMANT PROGRAM” which top level criminals in the policy making of organized syndicated…or gangs,” and accomplished professional serial killers are two of the requirements needed to become a “TOP ECHELON FBI/Department of Justice informant.”

Marino had Five TE’s against him: James “Whitey” Bulger, Stephen “The Rifleman” Flemmi, Angelo “Sonny” Mercurio, Francis “Cadillac Frank” Salemme, and Mark Rossetti, concerning Marino’s case.Some of these documents Marino seeks are in the Public Domain with the exception of the heavily Redacted “TOP ECHELON FBI/Department of Justice Program.”

The Defendants Department of Justice handed over to Congress heavily redacted version of that program. See Staff of House
Committee on Government Reform, 108th Congress, Investigative Report titled:

Everything Secret Degenerates: The FBI’s Use of Murderers as Informants, H.R. Rep. No. 108-414 (Comm. Print 2004); See Marino’s Supp. Mot. for Fee Waiver at 5. Thus, Marino did not concede to EOUSA’s first two findings because some NOT ALL documents Marino seeks are in the Public Domain.Also see, Heavily Redacted and under seal documents Marino seeks: United States v. Salemme, 91 F.Supp.2d 261-311 exhibits 188-246 (D.Mass.1999).

“The Above Serves as a “Significant Public Interest”

Marino did in fact mention how he would disseminate the above records he seeks via:

(a) Projectmarino.com / Projectmarino.net Projectmarino@gmail.com on Face Book, You-Tube, Twitter @Project_Marino, and Google +.

Through his son Edward Vincent Marino, via: United States Mail and at e-mail *********@gmail.com from prisons e-mail computers and via: telephonically, which his son would copy and paste Marino’s e-mail to the above web cites for Public
Viewing and Opinions.

(b) Moreover, Marino intends to also disseminate the documents HE SEEKS TO USA TODAY News Reporter Brad Heath at his e-mail ******@USATODAY.COM and via: Telephonically to Brad Heath’s cell phone @***-***-****;

(c) Marino also intends to disseminate the records he seeks to another News Reporter whom is also on Marino‘s approved e-mail Mr. Casey Lyons of the Boston Magazine, see Lyons e-mail address at: ******@BostonMagazinecom.

(d) Marino also intends to disseminate the records and documents he seeks with his friend and fellow Bostonian Mark Wahlberg via: telephonically at ***-***-****, and his Business partners Ari Emanuel and CEO William Morris, also via: United States Mail to Endeavor Entertainment 9601 Wilshire Blvd., Beverly Hills, California 90210.Whom they intend to make a documentary of the above Governmental and Judicial Historic and Current corruption from the documents Marino seeks. For Public viewing and transparency.

(e) Moreover, Marino is also in contact with another News Reporter and Boston Radio Talk Show Host: Mr. Neal Chayet a Harvard Law School graduate and current Boston University Law Professor and Talk Show Host at WBZ Boston Radio 10:30 AM hosting a talk show called: “Looking at the Law,” which Mr. Chayet has already begun to feature Marino‘s documents pertaining to this instant lawsuit on 1-9-2014 and will also help Marino disseminate the documents he seeks to be featured on his show once again also for Public scrutiny.Marino, intends to send the documents via: Neal Chayet “Looking at the Law” WBZ Boston Radio 10:30 AM 1170 Soldiers Field Road Boston, Massachusetts 02134.

Hence, Marino has clearly and specifically explained how he would post the records that he seeks to the above specific
websites and News Reporters and one Hollywood Entertainer whom Marino is in-touch with via” e-mail, telephonically, mail
addresses, while Marino is incarcerated.Marino, has demonstrated his clear ability to “effectively convey” the requested information to the Public. See Prison Legal News, 436 F.Supp.2d at 26.

And also for the records the White House did in-fact on more than 1 occasion viewed Project Marino from 3 different terminals, as Marino‘s computer possesses a “caller Id., like device” which supports this finding.

Also Ross Perot, a 1992 Presidential Candidate also on numerous viewings of Project Marino’s websites and communicated his interest in both Governmental and Judicial corruption connected to Marino‘s criminal conviction.

Marino, has met all four of the [Public Interest] criteria’s’s. See Judicial Watch v. Dep’t of Justice, 365 F.3d 1108, 1126
(D.C.Cir.2004), It is in the Public Interest when the FBI and Defendants: Department of Justice Officials use murderers as Informants and Protect them from prosecution and also it is in the Public Interest that Defendant/Department of Justice not conceal and place under seal documents that may lead to Marino‘s actual innocence of the June 16th, 1989 Francis “Cadillac Frank” Salemme attempted murder which Marino was found NOT PROVEN beyond a reasonable doubt by a jury on December 22, 1999, but received an extra 25 years for it bythe mere preponderance of the evidence by a corrupted Federal Judge in Boston.

Conclusion

WHEREFORE, for all of the above specifically stated reasons Marino respectfully requests the following relief from thisHonorable Court: GRANT, this instant Motion for reconsideration of Marino‘s request for a “Fee Waiver,” under Fed.R,.Civ.P. Rule 59(e) to prevent a manifest Injustice;ALLOW, Marino, this supplement since Marino did not fully comprehend the requirements to be met for the Fee Waiver until now;

DEEM, Marino’s Pro-Se instant Supplement/Reconsideration Motion with Liberality under Haines v. Kerner, 404 U.S. 519,520 (1972); United States v. Byfield, 391 F.3d 277, 281 (D.C.Cir.2004), to prevent a manifest in-justice.

This request is to further the Administration of Justice. Signed under 28 U.S.C. Section 1746, under the penalties of
perjury the above and the following to be true, correct and complete. Pro-Se.

Respectfully Submitted By
Plaintiff/Claimant/Affiant:
_______________________
Vincent Michael Marino
14431-038
FCI McDowell
P.O. Box 1009
Welch, West Virginia
24801

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