Archive for June 25th, 2011
IN THE GENERAL COURT
OF UNJUSTICE DIVISION
Petitioner (alleged Defendant)
CASE # / Presentment # 000000000
ADMINISTRATIVE LAW JUDGE
JUDGE INA BLACK DRESS
STATE OF / OR UNITED STATES
Fictitious Administrative Plaintiff in this action
Office of the Governor 00000 Mail Service Center
NO NAME CITY 0000-000
Notification of Administration Violation
JUDICIAL NOTICE TO THE COURT:
DEMAND FOR DISMISSAL FOR
JUST CAUSE 12(b)(1), (2), and (6)
Title 28, Judiciary and Judicial Procedures, Section 1652 requires the courts
to follow Acts of Congress and all Statutes; Regulations and Statutes at Large
are Acts of Congress and Title 5 of the USC, likewise are the Ruling factors to all Court procedures.
63C Am.Jur.2d, Public Officers and Employees, §247
“As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be exercised in behalf of the government or of all citizens who may need the intervention of the officer. Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from a discharge of their trusts. That is, a public officer occupies a fiduciary relationship to the political entity on whose behalf he or she serves, and owes a fiduciary duty to the public. It has been said that the fiduciary responsibilities of a public officer cannot be less than those of a private individual. Furthermore, it has been stated that any enterprise undertaken by the public official which tends to weaken public confidence and undermine the sense of security for individual rights is against public policy.”
NOW, COMES, The Petitioner (original alleged Defendant, Complaint # 0000000) John-Doe; Smith on public record for all to see, with this NOTICE TO THE COURT: DEMAND FOR DISMISSAL FOR JUST CAUSE 12(b)(1), (2) and (6). The Court lacks subject matter and personal jurisdiction for the reasons below.
1. This Court, and all public offices, is defined under FRCP Rule 4(j) as a FOREIGN STATE, and as defined under TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
the Foreign Sovereign Immunities Act (FSIA) of 1976 is a United States law, codified at Title 28, §§§§§ 1330, 1332, 1391(f), 1441(d), and 1602-1611, and is being jurisdictionally challenged, and “full disclosure” of the “true” jurisdiction of this Court is now being Demanded.
2. Any failure to disclose the true jurisdiction is a violation of 15 Statutes at Large, for this was passed to remove the people of the united States of America from the federal citizenship under the 14th amendment.
Chapter 249 (section 1), enacted July 27, 1868
Chap. CCXLIX. —An Act concerning the Rights of American Citizens in foreign States
Whereas the rights of expatriation is a nature and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this government has freely received emigrants from all nations, and invested them with the right of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the government thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed; Thereof.
Be it enacted by the Senator and the House of Representatives of the United States of American in Congress assembled, that any declaration, instruction, opinion, order, or decision of any officers of is government which denies, restricts, impairs or questions the rights of expatriation, is hereby declared inconsistent with the fundamental principles of this government.
- As an America Citizen I hold the inherent right to invoke the 11th Amendment: “The judicial power shall not be construed to extend to any suit in law or equity, commenced or prosecuted by a Foreign State.“
- The Court and the Prosecutor representing the STATE OF NORTH CAROLINA are considered a FOREIGN STATE as your office holds a position under section three(3) of the 14th Amendment of the UNITED STATES Constitution, and under the Reconstruction Act of 1867, as federal citizen(s) per Acts of Congress, USC Title 8, section 1483, “Restrictions on loss of nationality” and you are misusing the name of this America Citizen, John-Doe; Smith by placing it in all caps JOHN DOE SMITH , or misusing the last name SMITH, or using the term “person” as a CORPORATION. The Court and its officers are aware that all usage of the name derives from Corporate Law and Administrative Law (Delaware Administrative Law, Title 8, Corporation Ch 6, section 617, and Texas Administrative Law, Corporations, Chapter 79, section 79.31, Entity, and Delaware legislation March 10, 1899: “An Act Providing General Corporate Law.” This Act allowed the corporation to become a “PERSON” in Administrative and Corporate Law, and “NOT” Common Law, and all complaints and suits against such a CORPORATION fall under the FSIA, and the DEPT OF STATE OFFICES in Washington, DC who are required to be notified pursuant to 22 CFR 92.12-92.30. A copy of the FSIA notification paperwork has to be filed with the complaint to the Petitioner’s (defendant’s) chief executive officer of that CORPORATION.
- MUNICIPAL, COUNTY, OR STATE COURTS lack jurisdiction to hear any case under the FOREIGN STATE definitions. The jurisdiction of FOREIGN SOVEREIGN IMMUNITY lies with the UNITED STATES DISTRICT COURT under the FSIA Statutes pursuant to 28 USC 1330, and not within a State Court.
- Because the Petitioner (Defendant) is a non-corporate entity and is not registered with any Secretary of State as a CORPORATION, the Prosecution has FAILED to state a claim to which relief can be granted under Rule 12(b)( 6). Therefore, this matter must be dismissed for lack of political, personam, and subject matter jurisdiction, Venue, and under the 11th Amendment limitations.
7. The Fed. R. Civ. P. and the State Court Rules show only one cause of action. See Civil Action Rule 2. One form of action.
“There shall be in this State but one form of action for the enforcement or protection of private rights or the redress of private wrongs, which shall be denominated a civil action.”
8. The State Court can not force the Petitioner (Defendant) to a plea of not guilty, guilty, or (with the court’s consent) nolo contendere. In a civil action the rules do not allow it.
9. Federal Rules of Criminal Procedure, Rule 11. Pleas; required the Defendant (Petitioner) to place a plea before the court of not guilty, guilty, or (with the court’s consent) nolo contendere. Right? Once the People place such a plea, that plea now comes under the authority of Title 50, War And National Defense, section 23 under the Trading With The Enemy Act. The Prosecutor is acting on behalf of THE STATE OF NORTH CAROLINA and now is required to provide proof and evidence that such charges “ARE NOT” under the State of Emergency Clause, and the Bankruptcy Act of 1933. Any failure of the Prosecutor to provide such evidence within 10 days of this original filing is grounds for dismissal with prejudice for non-compliance.
10. The prosecutor has failed to disclose that such a plea comes under the jurisdiction of the State of Emergency Clause under Public Law 1, 48 stat C1, and Public law 73-10, 40 stat 411, and under Title 50 Trading With The Enemy Act of Oct 6, 1917, and the Bankruptcy Act under Public Law 10, Ch 48, 48 stat 112.
11. The prosecutor has also failed to disclose that the Administrative Plaintiff(s) was appointed as Trustee over all matters dealing with any issue involving the BIRTH name of JOHN DOE SMITH and not the living man John-Doe; Smith in this Court. The Administrative Plaintiff(s) is a Trustee under the State of Emergency, and the Bankruptcy Act of the UNITED STATES per an Act of Congress, and by Public law.
12. The Petitioner (Defendant) will point out the three jurisdictions upon which the court may operate:
1) Article III, section 2, clause 1. But, by Act of Congress, and the States ratifying the 11th Amendment, the Courts have no Judicial power to hear any case in Law, Equity, or a Controversy created by the State against any Citizen of the United States. This Court is clearly operating outside any Article III capacity of the Constitution for the united States of America, of his Constitutionally Guaranteed protections. This Court clearly lacks judicial jurisdiction per Act of Congress.
2) Administrative jurisdiction which involves a Department, Agency or an Administrative office as defined in Title 5 USC Sect. 101 executive branch, 28 USC, Sect. 451 or NCGS 150(b)(2) in which case the Defendant can only be a Plaintiff in such action per the intent and Act of Congress as an administrative hearing is to hear complaints about such executive offices. Per Act of Congress under the Administrative Procedure Act of 1946 , S7, 60 stat 237 & the Attorney General Manual “Administrative Procedure Act of 1947 & Title 5 USC.
3) The State of Emergency and the Bankruptcy Act clauses create jurisdiction under Senate Report 93-549, Trading With The Enemy Act, under Title 50 War and National Defense, Section 23, “Jurisdiction of United States courts and judges.” Under the State of Emergency the UNITED STATES is the trustee along with all public offices / officers. (See above cite 63C Am.Jur.2d, Public Officers and Employees, §247).
- Any action under the State of Emergency is governed by General Order 100, the Lieber Code, and UCMJ Title 10, Section 333, and per Army Regulation 840-10 Section 8.1, 8.2, and 8.3. again under Title 50 War & National Defense.
14. Title 18 of the UNITED STATES CODE was never passed by the Senate. Congressional records on May 12, 1947 show that Title 18 was never voted into positive law by the Senate. Congressional Report shows that both the House and Senate were out of Session. The State, again, lacks prosecutorial power to bring any criminal claim into the court.
15. The prosecution has failed to state a claim to which relief could be granted as per Rule 12(b)(6) per the Rules of Court mandated by the “Rules Enabling Act” created by Congress. (Ch. 651, Pub.L. 73-415, 48 Stat. 1064, enacted June 19, 1934 28 U.S.C., § 2072)
a) Pursuant to your own procedure defined in your (N.C.G.S. § 15A-511) requires a sworn affidavit of probable cause be attached to a judicial determination of probable cause which shall be forwarded to the office of the Clerk of Court. Only the un-sworn, inadmissible, bogus Citation (TICKET# 00000000) appears in the case file.
b) Municipal Police Officers acting on behalf of the municipality/county/State of NORTH CAROLINA in the COUNTY of MC BURG, OFFICER CHRIS E. FUZZ as a Revenue Agent cannot summons defendants to court as they are members of the executive branch, therefore they are involved in the simulation of judicial process by the issuing of Bogus Citations and are in violation of your (N.C.G.S.§ 14-229) “assuming an office without qualifying.”
c) Citation (TICKET #0000000) and Case # 0000000, is a fraudulent charging instrument as it states, on behalf of the municipality/county/STATE of NORTH CAROLINA in the COUNTY of MC BURG, OFFICER CHRIS E. FUZZ is a Revenue Agent that claims he had probable cause to believe that Petitioner /Defendant violated law. It is a well settled matter at law, that officers deal only in a reasonable suspicion, but probable cause is a judicial determination. The citation is prima facie evidence the police officer is committing a crime by the issuance of citations, and is acting outside the law by making an un-sworn judicial determination of probable cause.
d) The Court is engaged in the simulation of judicial process, as it is a well known fact, pursuant to your own statutes in (N.C.G.S. 7A) that the presiding judge along with the District Attorney receive a percentage remuneration of the fine in citation cases, upon the conviction of a defendant, which is then directly deposited into a personal State Retirement fund. The Charging agency in this case, the municipal/ county/ State of NORTH CAROLINA in the COUNTY of MC BURG also receives a “kick back.”
e) SCOTUS defines bills of attainder this way: (Definition) A legislative act that singles out an individual or group for punishment without a trial. The Constitution of the United States, Article I, Section 9, paragraph 3 provides that: “No Bill of Attainder or ex post facto Law will be passed.” The Bill of Attainder Clause was intended not as a narrow, technical (and therefore soon to be outmoded) prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function or more simply – trial by legislature.” U.S. v. Brown, 381 U.S. 437, 440 (1965)…”These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment.” William H. Rehnquist, The Supreme Court, page 166…”Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. … The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community.” James Madison, Federalist Number 44, 1788.
Supreme Court cases construing the Bill of Attainder clause include:
Ex Parte Garland, 4 Wallace 333 (1866).
Cummings v. Missouri, 4 Wallace 277 (1866).
U.S. v. Brown, 381 U.S. 437 (1965).
Nixon v. Administrator of General Services, 433 U.S.425 (1977).
Selective Service Administration v. Minnesota PIRG, 468 U.S. 841 (1984).
f) The Prosecutor has failed to allege facts sufficient to show that they have suffered any harm or are threatened with any harm as a result of the matter alleged in their complaint or have a Corpus delicti that has been injured.
g) The Petitioner (Defendant) holds standing under the 1st, 4th, 5th, 6th, 7th, 8th, 9th & 10th Articles of the Bill of Rights to bring this issue before the Court and to have it dismissed with prejudice as the prosecutor or police officer has not come into compliance with any Acts of Congress or North Carolina legislative Acts.
16. The State prosecution has, also, failed to pay the Filing Fee for this action as required by its own Court procedures, and the Statutes of this State, to bring such a claim against the Petitioner (alleged Defendant). This, alone, is just cause to have this case dismissed for failure to pay Filing Fees per court procedures. Furthermore, the State can not proceed “in forma pauperis” without filing for it on the record. The State has failed to prove it has made such a filing payment, or asked for “in forma pauperis” status, to bring such a claim.
There is a Statute of Limitation on how long one can be held or incarcerated without a proper complaint being filed by the real party of interest per Fed. R. Civ. P Rule 17. I did not consent, assent, or agree to a public defender or agree for him/her to postpone hearing to add to my incarceration without a lawful complaint placed on the record for the record.
Therefore, the Petitioner (Defendant) demands a dismissal for just cause under 12(b)(1), (2) and (6) with prejudice. As the Court is operating under the Bankruptcy of 1933, et al., the State of Emergency Clause, and has suspended the Constitution, and the Statutory Laws, the Court and its officials are required to accept the position of Co- Trustee per an Act of Congress under such Bankruptcy and State of Emergency on behalf of the UNITED STATES in this courtroom. The prosecutor is required to have the Court order the Department of Treasury to discharge this action and fill out an IRS form 1099 C to cancel such charges and pay the taxes due on this offer/presentment.
The Petitioner (alleged Defendant) lacks such ability to accept such an offer or presentment under such conditions per Acts of Congress. As lawyers are defined as Officers of the Court, which includes Public Defenders, for them to act on behalf of the Petitioner/Defendant under a power of attorney as a Trustee, then such a Trustee becomes liable for any and all offers and presentments by the Court, as the lawyer (Public Defender) is under contract as a Trustee for the Petitioner/Defendant. Such a lawyer now becomes liable, under contract, as the Petitioner/Defendant lacks such ability to accept such an offer or presentment under such conditions. Furthermore, the Petitioner/ Defendant, acting on their own behalf, holds immunity under the 11th Amendment, and under FSIA ,Title 28 USC, sec 1602-1611 by Act of Congress
ALL RIGHTS RESERVED TO AMEND WITHOUT LEAVE OF COURT
PROOF OF SERVICE
NOW, COMES The Petitioner, John -Doe; Smith with this JUDICIAL NOTICE TO THE COURT: DEMAND FOR DISMISSAL FOR JUST CAUSE 12(b)(1), (2), and (6) before the Clerk of Court of the Court IN THE GENERAL COURT OF UNJUSTICE DIVISION on this day of _____________ and month of __________ in the year of our Lord 2011 AD. Service will be delivered by U.S.P.S. certified mail with green card return and (OPTIONS)via Notary Presentment.
John -Doe; Smith
Office of the Governor 1234 Mail Service Center
NO NAME CITY NC 00000-000
Notification of Administration Violation
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Note: The Judges name is actually true!