Petition for Writ of Certiorari — Gregory Scott Savoy, Petitioner v. Craig M. Burns, et al.
Supreme Court briefFeb 22, 2019
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In the Supreme Court of the United States
48 :, 84O
Case no.
Gregory Savoy
V.
FILED
Craig Burns, et al
FEB 2.22019
OFFICE OF THE CLERK
SUPREME COURT U.S.
'
OR G NA
On Petition
fora
Writ of Certiorari
to the
U.S.Court of Appeals for the Fourth circuit
---------------------------------------
PetItIon for a Writ of Certiorari
February 22, 2019
Contact: 703-402-8139
Pro Se In Forma Pauperis
Gregory $ott Savoy
DBA Greg Savoy
3 Onondaga Trail
Heçlgesville, WV 25427
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
Questions presented;
Considering that "extreme legality is the worst law" (Cicero, "De
Officiis," 44 B.C.) and that there are victims and survivors of the
schizophrenia spectrum of disorders in America who have had no
recourse under law to secure from "the lost code of nature" (Hugo
Grotius, "Dejure bell ac pads "1625 AD.) any relief from "hard
bargains," (Hamilton, "Federalist," no. 80, 1788 A.D.) does it not
default to the justice of constitutional equity to provide them a
juridical path back to society or are they merely exo-constitutional
citizens forever lost?
GIVEN THAT the University of Pittsburgh determined that both
atypical and typical antipsychotic drugs cause a twenty percent
reduction of the volume of the cerebrum, and additionally
concluding that "the chronic exposure of non-human primates to
antipsychotics was associated with reduced brain volume:' a
white-collar RICO-like structure subsequently quashed this
scientific news about their 20 billion dollar industry that thrives by
selling these chemical restraints that are blessed by a U.S. judicial
deference to the judgment of "professionals--whose decisions are
presumptively valid" (Youngberg v. Romeo, U.S. Supreme Court,
1982)
IS THIS COURT happy with a decision in which clean-handed U.S.
citizens have their brains involuntarily reduced in size by twenty
percent while forcibly controlled or coerced under U.S. law and in
which no crimes have been alleged and no trials held?
Is equity the corrective function of the law and not something
different from the law? If not, what is it? Why is equity a named
partner in Section 2, Article III of the U.S. Constitution?
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
Parties to the Proceeding
The following parties were selected by the U.S. Magistrate Judge for inclusion on
the docket for an ex parte proceeding in which this petitioner performed no
service of documents upon these parties for an ex pane proceeding;
Craig M. Burns, Tax Commissioner
Virginia Department of Taxation
1957 Westmoreland Street
Richmond, VA 23230
Peter Franchot, Maryland Comptroller
Office of the Comptroller
110 Carroll St.
Annapolis, MD 21411-0001
Dale W. Steager, Tax Commissioner
West Virginia State Department of Taxation
1001 Lee St. E
Charleston, WV 25301
As counseled along the way by the lower courts, there was no service upon these
entities ever (APPENDIX E, Order, U.S. Court of Appeals for the Fourth Circuit.)
These entities have now been served this petition because the clerk's office of the
U.S. Supreme Court did not engage on this topic and did not provide guidance.
This procedural controversy is one portion of the section called "Statement of the
Case" within this Petition for Certiorari, which follows, but is not at all the central
grievance raised in this petition.
This petitioner elects at this juncture to serve the executive branch because the
central grievance raised at the U.S. District Court was brought under the equity of
the U.S. Constitution, exposing unconstitutional U.S. statutes, and the United
States would have been included had this pro se plaintiff been involved in the
initial defendant selection convened sua sponte by the magistrate judge.
Under 28 U.S.C. §2403(a,) now proudly served is;
Noel Francisco, U.S. Solicitor General
Room 5616, Department of Justice,
950 Pennsylvania Ave., NW
Washington, DC 20530-0001
ii.
Pet. for writ Cert. (18-1710, 4th Cir.)
Table of Contents
OpinionsBelow .......................................................................................................................1
Jurisdiction..............................................................................................................................2
Supercedere Jurisdiction
3
Iterations
Cited: Constitutional Equity & Law, Statutory Law, and cases ..............................4
Quashed Authorities ...............................................................................................................7
Statementof the Case ...........................................................................................................8
32
Reason for Granting the Writ
Conclusion
45
Index to Appendices
Appendix A- The unpublished per curiam decision in case no. 18-1710 at the
Fourth Circuit, decision entered on October 25, 2018
Appendix B- The unpublished opinion of the United States District for the
Northern District of West Virginia, found as an "Order Adopting Report and
Recommendation," decision entered June 18, 2018
Anendix C- The unpublished opinion of the magistrate judge at the United
States District Court for the Northern District of West Virginia, found as a "Report
and Recommendation," decision entered June 1, 2018
Annendix D- Order advising the Petition for Rehearing En Bane is denied at the
U.S. Court of Appeals for the Fourth Circuit, decision entered November 27, 2018
Appendix E- Order advising that service of documents need not be performed;
issued by the U.S. Court of Appeals for the Fourth Circuit, filed June 28, 2018
Pet. for Writ Cert. (1-1710 4th Cir.)
Savoy
In The
Supreme Court of the United States
Petition for Certiorari
Petitioner in deference to God prays that a writ of certiorari issue from the
Supreme Court of the United States to review the judgments below.
Opinions Below
The opinion for the U.S. Court of Appeals for the Fourth Circuit in case no. 18-1710
affirming the "Order Adopting Report and Recommendation" appears at
Appendix Aand is unpublished.
The opinion of the Chief Judge of the United States District Court for the
Northern District of West Virginia, found as the "Order Adopting Report and
Recommendation:' appears at Appendix B and is unpublished.
The opinion of the magistrate judge at the United States District Court for the
Northern District of West Virginia, found as the "Report and Recommendation:'
appears at Appendix C and is unpublished.
Savoy
Pet. for Writ Cert. (18-1710 4th Cir.)
Jurisdiction
This case arrives from the U.S. Court of Appeals for the Fourth Circuit.
An unpublished per curiam decision in case no. 18-1710 at the Fourth
Circuit was entered on October 25, 2018, found at Appendix A.
A timely petition for Rehearing En Banc in case no. 18-1710 was denied in
the court's order of November 27, 2018, found at Appendix D.
The jurisdiction of this court is invoked under 28 U.S.C. § 1254(1.)
Supercedere Jurisdiction
Acknowledgment of supercedere jurisdiction is prayed from this court
under 28 U.S.C. § 2403(a,) and service has been fulfilled under Rule 29-4(b) of the
Rules of the Supreme Court of the United States. It is not known by this petitioner
if the district court "certified to the Attorney General the fact that the
constitutionality of an Act of Congress was drawn into question;' as described
under Rule 29-4(b) of the Rules of the Supreme Court of the United States.
Petitioner lacks a view into those court procedures at the U.S. District Court.
However, the docket of the instant case does not indicate that the
unconstitutionality of the health care statutes of the United States were certified
to the Attorney General in regard to the federal inclusion of antipsychotic and
atypical antipsychotic medication (both comprised of phenothiazine) within U.S.
health care statutes, FDA approvals, and NIMH policy.
2
Savoy
Pet, for Writ Cert. (18-1710 4th Cir.)
Iterations
Of a Petition to Redress a Single Grievance
Savoy I- March, 2011 to September, 2015Case no. 8827990043 at IRS Appeals before a quasi-judicial appeals officer, Case
no. 12316-12L at U.S. Tax Court, Case no. 13-0972 at the U.S. District Court for DC
Circuit, case no. 14-1901 at the U.S. Court of Appeals for the Fourth Circuit, Case
no. 15-5054 at the U.S. Supreme Court--which was a timely filing for a writ of
certiorari to the fourth circuit in the alternative as an extraordinary writ,
docketed as In Re Gregory Scott Savoy. The petition was tilled;
PETITION FOR EXTRAORDINARY WRIT OF MANDAMUS
AND EQUITABLE RELIEF FOR VICTIMS AND SURVIVORS
OF THE SCHIZOPHRENIA SPECTRUM OF DISORDERS
IN AMERICA
Savoy II- May of 2018 to now
Savoy I cases (the Savoy I Petition for an Extraordinary Writ, supra, was
prominently presented to all courts in Savoy II) Case no. 3:18-cv-00086-GMG at
the U.S. District Court for the Northern District of West Virginia, Case no. 18-1710
at the U.S. Court of Appeals for the Fourth Circuit, Supreme Court of the United
States-- a Writ of Certiorari to the U.S. Court of Appeals for the Fourth Circuit.
Savoy
Pet, for Writ Cert. (18-1710 4th dr.)
Cited
Constitutional Equity
"The judicial power shall extend to all cases, in law and equity,
arising under this Constitution,..."
--Article III, Section 2, U.S. Constitution
Constitutional Law
and to petition the government for a redress of grievances."
--First Amendment, Bill of Rights
"...nor be deprived of life, liberty, or property, without due process
of law;..."
--Fifth Amendment, Bill of Rights
"...
nor deny to any person within its jurisdiction the equal
protection of the laws,"
Fourteenth Amendment, Reconstruction
ri
Savoy
Pet. for Writ Cert. (18-1710 4th Cir.)
Statutes;
White Collar RICO (Racketeer Influenced and Corrupt Organisations Act)
Whoever. for the purpose of gaining entrance to or maintaining or
increasing position in an enterprise engaged in racketeering activity,
murders, kidnaps, maims, assaults with a dangerous weapon,
commits assault resulting in bodily injury upon, or threatens to
commit a crime of violence against any individual in violation of any
State or the United States, or attempt or conspires so to do, shall be
punished...
--18 U.S.C. § 1959 (emphasis added)
.
White Collar Kidnapping
(a)Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps,
abducts, or carries away and holds for ransom or reward or
otherwise any person, except in the case of a minor by the parent
thereof, when— (1) uses. any means. facility, or instrumentality
of interstate or foreign commerce in committing or in furtherance of
the commission of the offense; shall be punished by imprisonment
for any term of years or for life and, if the death of any person
results, shall be punished by death or life imprisonment.
. . .
. .
--18 U.S.C. § 1201. Kidnapping (emphasis added)
Statutory Disability Rights honored by the States and Executive Branch
"No otherwise qualified individual with a disability in the United
States, as defined in section 705 (20) of this title, shall, solely by
reason of her or his disability, be excluded from the participation in,
be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance or
under any program or activity conducted by any Executive agency
or by the United States Postal Service?"
--Section 504, Rehabilitation Act of 1973 (emphasis added)
Savoy
Pet. for Writ Cert. (18-1710 4th Cir.)
Statutory Disability Rights Clarified for the Federal Judiciary
"An Act To restore the intent and protections of the Americans with
in enacting the ADA, Congress
Disabilities Act of 1990...
recognized that physical and mental disabilities in no way diminish
a person's right to fully participate in all aspects of society, but that
people with physical or mental disabilities are frequently precluded
from doing so because of prejudice, antiquated attitudes, or the
failure to remove societal and institutional barriers;
. . .
--ADA Amendments Act of 2008, Preamble
and "Findings and Purposes:' Sec. 2, (a)
findings, (2,) "in enacting the ADA,"
Extreme Legality
no suit for the purpose of restraining the assessment or
collection of any tax shall be maintained in any court by any person,
whether or not such person is the person against whom such tax
was assessed."
--26 U.S.C. 26 § 7421(a)
Cases
Aikens v. Ingram, case no. 08-2278, U.S. Court of Appeals for the Fourth Circuit
Akermann v. United States, 340 U.S. 193 (1950)
Rules
Version of Rule 62 of the Federal Rules of Civil Procedure before Amendment
and a version which was active on May 28, 2018 when this case commenced;
Rule 62(b) Stay Pending the Disposition of a Motion. On appropriate terms for
the opposing party's security, the court may stay the execution of a judgment—or
any proceedings to enforce it—pending disposition of any of the following
motions:
(4) under Rule 60, for relief from a judgment or order.
--
Savoy
Pet, for Writ Cert. (18-1710 4th Cir.)
Quashed Authorities
Journalism
An excerpt from Andrew Solomon's article in the New Yorker magazine, March
17, 2014, "The Reckoning;' in which Adam Lariza's mother, Nancy Lanza, writes to
the attending nurse practitioner concerning the effects of an antipsychotic drug
(Lexapro) on her son, leading up to the Sandy Hook Elementary School mass
murder, to include her own murder;
Excerpt from article;
Nancy reported, "On the third morning he complained of dizziness. By
that afternoon he was disoriented, his speech was disjointed, he couldn't
even figure out how to open his cereal box. He was sweating profusely..
it was actually dripping off his hands. He said he couldn't think. He
was practically vegetative."
. . .
Research
National Library of Medicine/NIH PubMed I.D. #15756305
"The influence of chronic exposure to antipsychotic medications on brain size
before and after tissue fixation: a comparison of haloperidol and olanzapine in
macaque monkeys;" a study by the Department of Psychiatry, The University of
Pittsburgh, 2008
Excerpt from Abstract, emphasis added"However, we Observed a pronounced general shrinkage effect of
approximately 20% and a highly significant variation in shrinkage across
brain regions.In conclusion, chronic exposure of non-human primates
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
Statement of the Case
"Tarry a little, there is something else:"
--Portia, Act IV, Scene 1, Venice, A court of justice,
"Merchant of Venice:" by William Shakespeare,
1600 A.D., London, Thomas Heyes, Publisher
The constitution only directs the judiciary to address two activities under
justice; law and equity.
This case hasn't arrived at this court at this juncture because of a
circuit-split, or because of the raising of an issue of national importance, but
merely because of chaos and discord in the lower courts in their handling of
equity.
That is not to say that the mishandling of equity is not of national
importance when it involves a multi-decade extrinsic fraud upon the national
courts by a RICO-like structure, but rather, the procedural mishandling of this
case by the lower courts has outright prevented that nationalized fraud upon the
courts from being presented to both the judiciary and it's monitor, the public.
Ptocedure to attain relief in this case, as dictated by the lower courts, is all
over the place and disorganized and not unific in a messaging that shuns the
affected 1% of the public, that's the victims and survivors of schizophrenia;
"Upon consideration of appellant's motion for leave to file ex
parte, it appears that appellant is requesting to file his motion for
stay on the public docket, but to be relieved of the obligation of
serving the motion on the defendants-appellees. Because the
defendants-appellees were never served with the complaint in the
district court, appellant is not required to serve them with a copy of
hiA motion to stay:"
91
Pet. for Writ Cert. (18-17104th Cir.)
Savoy
--For the Court--By Direction Is/ Patricia S. Connor, Clerk,
ECF-10, 612812018, case no. 18-1710, Appendix E
That Fourth Circuit decision all makes sense until one inspects the docket
for this ex parte emergency application at the U.S. District Court, a docket
inconsistent with that subsequent and identical ex parte emergency application
for a stay of proceedings at the U.S. Court of Appeals for the Fourth Circuit. That
one district court docket is in conflict with the captions of all filings by this
petitioner, a petitioner filing all district court documents and all appellate court
documents as "In Re Gregory Scott Savoy?' For this ex pane emergency
application, no defendants were ever listed or served by the plaintiff at this early
protective juncture of a fuller future action under equity. In a case brought by a
citizen with a grievance under the constitution, it is the magistrate judge that
selected (chose) and placed (bound) three of the possible states involved onto the
docket of an ex parte emergency application for a stay of proceedings to enforce
a judgment, not the plaintiff. The magistrate judge selected these three
defendants from a menu of aggressors from within a much larger RICO-like
structure, a menu as provided by this petitioner in support of equitable relief
under the constitution, with the magistrate judge modifying that docket without
even any consultation during any pretrial inter panes hearing between the
plaintiff and any of these "court-served" defendants--for these are defendants
that have now been electronically court-served solely by that one court itself, not
served by this petitioner. The court took an ex pane emergency action and
Savoy
Pet. for Writ Cert. (18-1710 4th Cir.)
escalated it into an inter partes proceeding that only involved one consultative
party in a hearing never held at the district court; with that one consultative
party being the magistrate judge.
"The Court DIRECTS the Clerk of the Court to provide a copy
of this Report and Recommendation to all counsel of record as
provided in the Administrative Procedures for Electronic Case
Filing in the United States District Court for the Northern District
of West Virginia."
--Robert Trumble, "Report and Recommendation,
ECF-4, page 6, U.S. District Court for the Northern
District of West Virginia, case no.
3:18-cv-00086-GMG- Appendix C
Ex parte means ex parte and it means it can only be dismissed ex pane. It
was either discriminatory or "collusive" for the district court to advise those
states of the coming equity action against them--a tip off from the court itself. As
it is, for a petitioner defending his right to have protection from institutionalized
criminal behavior under the Constitution, asking the court for protection was
delicate business enough against this tacitly-defended RICO-like structure; a
RICO-like structure that continues today unabated, as blessed by the national
judiciary, continuing to peddle destructive antipsychotic drugs that have fully
disproven efficacy under PubMed research authorities.
After all, these defendants (states) are participants in an ongoing crime
under the constitution, a crime which was raised within this emergency
application under Savoy II, being this instant and fully appealed ex parte
emergency application for a stay of proceedings to enforce a judgment, and a
crime as previously raised by the more detailed, thoughtful, and revelatory
10
Pet, for Writ Cert. (18-1710 4th Cir.)
Savoy
Extraordinary Writ for Mandamus and Equitable Relief under Savoy I that was
passed over without prejudice at this court (case no. 15-5054, U.S. Supreme Court,
featuring a Petition for Extraordinary Writ which was firmly attached to the
presentation of ECF-1 at the U.S. district court, and quoted, actually, in that ECF-1
application.) One of the three states involved, the State of Virginia, already has a
proven written case history of disability malfeasance within the revelatory
documents of Savoy I, a case history of ignoring both statutory law and
constitutional law when victims or survivors of schizophrenia raise their rarely
heard grievances; with that judicial record of bank account confiscations by the
State of Virginia providing proof of the recurring imminent harm; all was
presented within the materials provided to the magistrate judge as attachments
to:ECF-1. All was presented as justification for a stay of proceedings to enforce a
judgement under Rule 62(b)(4.)
It was not a wise maneuver when the magistrate judge forwarded, by
electronic service, an "out of school" advisory that an emergency stay had been
initiated against the states and that it had been denied by a U.S. District Court,
essentially sending a message of "go ahead and take his money; we will not stand
in the way and we will not uphold any statutory laws that promote participation
and we will not uphold a constitutional First Amendment right to seek relief
under the equity of the constitution during the raising of grievances in a petition;
we will obfuscate; that petition right
...
oil
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
structure?' (no citation for this quote--it's merely a suppositional quote made
arguendo.)
Under equity, the whole purpose of an ex parteemergency stay of
proceedings is to secure immediate protection before any further damage can be
perpetrated by proven aggressors under their proper judgment previously
secured in a state court of law. Those state aggressors from the RICO-like
structure (a structure that emanates outward from several federal health care
bastions within the executive branch--FDA, NIMH, SAMHSA--responsible for
endorsing and peddling dangerous antipsychotics) can be ferreted out later as
defendants, based upon their contrition or based upon the voluntary relief that
might be offered to the plaintiff. The plaintiff can most assuredly determine his
own defendants and trespassers in an action under equity, especially with the
executive branch always caught holding a bottle of antipsychotics during these
raids of logic.
First and foremost, though, the short-term blocking of irreversible
financial damages upon a proven pauperis survivor of schizophrenia was a
rightful procedure at the district court under diversity jurisdiction, as explained
in the first two pages of ECF-1 in the section called "Jurisdiction and the Stay?'
The only chance for this petitioner at gaining relief from the State of Virginia was
predicated on an emergency stay of proceedings to enforce a judgment under
Rule 82(b)(4) (as stated within ECF-1) so that a more articulate Rule 60(b)(6
motion under the "saving clause" (as stated within ECF-1) could be written
12
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
concerning a standing judgment from the Richmond City Circuit Court from the
year 2012 (which can be found as a late arriving document from a hostile
non-responsive state government--Virginia, a judgment attached to this case as
ECF 16-7, also being attachment #5 in the written text of the Petition for
Rehearing En Banc at the U.S. Court of Appeals for the Fourth Circuit.) Instead,
the petitioner is now at this court with a chagrined demeanor, oddly out of
position to his original intentions under constitutional equity, original intentions
as stated clearly in that initial complaint at the U.S. District Court for the
Northern District of West Virginia, ECF-1, a complaint in which there was a
section called "The Sequencing and Production" and a complaint in which it was
stated by this petitioner;
Alternately, the pending Motion to Grant Relief could cut
right to the heart of matters and request a first impression ruling
on extraordinary matters, right?
But in the meantime, cited below are just two examples from
the details that might be provided if a first impression ruling is not
pursued, the two examples also constituting the immediate causes
of the emergency stay, and therefore, needing to be covered ex
pane today because of the imminent harm.
--Greg Savoy, ECF-1, ECF page 12, written page #11
The two examples referenced in this quote were the intrusive taxation
cases of the states of Virginia and Maryland and their court and administrative
agency judgments--which firmly exist and which are not speculative in nature,
as incorrectly suggested by the magistrate judge in the R&R. The state of West
Virginia, the petitioner's current domicile jurisdiction, which was selected
13
Pet, for Writ Cert. (18-1710 4th dr.)
Savoy
(chosen) by the magistrate judge for involvement in this case and placed onto the
docket (bound) by soley the choices of the Magistrate Judge, is not even on the
radar yet and ultimately might not even require service by this plaintiff in any
future action under one of the two saving clauses under Rule 60.
West Virginia is mute currently on the statutory rights of schizophrenia
survivors to participate in the economy. But like all fifty states, they continue to
peddle a disproven and destructive substance. Their inclusion or position has yet
to be seen in the evidence that's been researched and presented by this
petitioner today. It's now up to them; it's free choice--as always allowed in God's
universe. But they should be advised that this plaintiff has a thirty year record of
being a recipient of God's miracles. Gambling is also a free choice. It remains to
beseen how wonderful the state of West Virginia is going to be in the matter of
anfipsychotics. It's now up to them to lead the way; it's their gamble in God's
universe.
But the chaos and discord didn't stop at the district court's sua sponte
configuration of case participants from the provided menu. Two more examples
follow-of chaos and discord at the U.S. District Court for the Northern District of
West ViEginia;
FIRST OF ALL; the magistrate judge misconstrued this plaintiff's work,
plaintiff's work that was far outside of res judicata under the "saving clause?' The
magistrate judge independently raised a sua sponte injunction controlled by res
judicata and not directly tied to any saving clause at all, with the magistrate's
14
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
work being a Rule 65 injunction which, profoundly, a magistrate judge is
forbidden to adjudicate according to the Magistrate's Act ['..except a motion for
injunctive relief:' as stated at 28 U.S.C. §636(b)(1)(A,)] which is fully underscored
by identical authorities also cited by the United States District Court Chief Judge
in the Order of Referral prior to the Chief Judge's adoption of that magistrate
judge's R&R, in which the Chief Judge handed off the court's duties for an
emergency action clearly brought under constitutional equity, and in which she
expressly cited the authorities that were to to be applied by the magistrate judge;
"pursuant to 28 U.S.C. §636(b)(1)(A)," a quote found at ECF-3. The magistrate
judge construed himself into a forbidden corner, this petitioner objected loudly
and clearly and with great specificity in ECF-5, and then the Chief Judge
pretended there were no objections in the order adopting the R&R ("as done in
the R&R without objection;' 2nd full paragraph, page 3, Appendix B.) All federal
judges of the lower courts endorsed the Magistrate judge's short sighted paint
job. Exo-constitutional. We don't exist. Malign us to no detriment. No voice in
America.
SECOND OF ALL, the magistrate judge also stated in the R&R that there is
no case or controversy presented, which is instant cause for concern for all
victims and survivors of the schizophrenia spectrum of disorders in America.
• "Because plaintiff fails to present a case or controversy, it is
impropei, for this Court to address his claims or the law.
Acc&rdmgly, it is improper for this Court to address the merits of
Plaintiff's motion for injunctive relief, regardless of whether
Plaintiff meets any of the four parts of the Winter test."
15
Savoy
Pet. for Writ Cert. (18-1710 4th Cir.)
--Robert Trumble, "Report and Recommendation,
ECF-4, page 5, U.S. District Court for the Northern
District of West Virginia, case no.
3:18-cv-00086-GMG
Aside from not even raising a TRO or a motion for injunctive relief (as
crafted sua sponte by the magistrate judge in contravention of the Magistrate's
Act,) this petitioner indeed raised an emergency application that presented a
court controversy in need of corrective relief under the equity of the
constitution--a controversy rivalling the historic ones presented to the Taney
court and the Waite court; it's a six decade national controversy involving a
lucrative scheme featuring unconstitutional psychiatric servitude upon a
judicially segregated grouping of Americans, a servitude that's attained by
wielding brain impoverishment drugs upon this segregated grouping of
Americans, all unconstitutional, all unethical, and all in violation of God's
requirements to maintain ongoing and coherent connections between humanity
and it's highly involved designer. The first to arrive and complain at the federal
courts has now arrived for a second time after full transit of the lower courts.
This pro se petitioner raised an airtight action brought under two rules
closely bound by implicit logical syntax, that's Rule 62b)4,) regulating stays of
proceedings to enforce judgments pending Rule 60 motions, and Rule 60(b)(6,)
the saving clause. Unstated anywhere in the magistrate's R&R, this
plaintiff/petitioner indeed raised in the application a recurring lien action by the
State of Virginia under a state court judgment. The State of Virginia is quite adept
16
Savoy
•Pet. for Writ Cert. (18-1710 4th Cir.)
at executing this action upon this citizen; cited here from ECF-1 but not cited
anywhere in the magistrate's R&R;
"So, the first example of imminent harm; on April 20,2018,
the quasi-judicial case officer for the Virginia Department of
Taxation, Oscar Quijano, commanded today's applicant to
assemble and submit a great many years of state tax returns within
30 days OR once again have a full lien placed against the sole bank
account of today's applicant that holds subsistence income, rent
money, and minimal daily operating funds. The same mechanism
had happened previously in 2014 while today's applicant was fully
underwater and overwhelmed by maintaining a case that was
being pursued with the IRS at the U.S. Court of Appeals for the 4th
Circuit"
--Greg Savoy, ECF-1, ECF page 13, written page 12
Petitioner provided the magistrate judge in written testimony under
penalty of perjury the facts of a State of Virginia fiasco in which this petitioner's
in forma pauperis funds (while actively litigating at the 4th Circuit!) were fully
locked up under an active judgment while petitioner was covering the Ferguson
riots (on the eve of the court decision concerning police officer indictments,)
during per diem work performed for the hard won client of a petitioner who is
certified with a significant disability--the client being the Reuters News Agency
(internet search words to confirm this ongoing per diem employment are "Greg
Savoy Reuters;") and this was all just months before arriving at the U.S. Supreme
Court as a proven in forma pauperis petitioner in 2015. The magistrate judge in
Savoy II was also provided a copy of that Extraordinary Writ from Savoy I that
was presèntètibaèk then to this court upon arrival in 2015 from the
unresponsive fourth circuit--arriving at this high court just as now and seeking
17
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
equitable relief just as now, and fully shunned just as now by the lower courts
under both law and equity, just as now. The magistrate judge was presented not
only the Extraordinary Writ in full form as an attachment to ECF-1, but with
important textual quotes from the writ within ECF-1, such as;
"And finally, antipsychotic medication, which seemed so
important in the early phase of psychosis, appeared to worsen
prospects for recovery over the long-term?"
--Dr. Thomas Insel, as Director NIMH, now former,
"Antipsychotics; Taking the Long View;" August 28, 2013
The Extraordinary Writ is the connective tissue in this "pound of flesh"
case ("Merchant of Venice;' Act W, Scene 1, Venice, A court of justice, supra.)
With quantum temporal assistance from the skilled William Shakespeare,
petitioner is keeping the merchant Antonio metaphorically alive in this section of
the petition because Antonio's unchosen extrinsic law predicament (storms at
sea that seemingly scuttled his entire fleet,) are unlike the chosen predicament of
Ackermann of "Akermann Rule" fame under a Rule 60 motion. Antonio's
unchosen predicament and his fateful outcome will be the strong closer for this
"Statement of the Case" section written by a likewise victim in Antonio's camp,
this petitioner, a victim of some unchosen predicaments (involuntary
commitments, involuntarily medicated, involuntary liabilities throughout life
after ingestion of antipsychotics and the "follow-on" removal of second
amendment rights, coerced under law by the IRS and state taxation departments
to perform unatitàinable acts or else have subsistence income confiscated,
WI
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
. prevented from joining the Delaware Air National Guard in 1987 as a public
affairs officer because of revoked 2nd Amendment rights, thus the government
denial of a rightful career path of national service that's typically, easily, and
statistically taken by many other Eagle Scouts.)
In the three decades before becoming a petitioner under the First
Amendment in 2015 (the Extraordinary Writ,) petitioner was a serene citizen,
peacefully hidden from all aggressors, a citizen who had fashioned an equitable
pathway to full recovery from schizophrenia without medication, defying the
odds for almost three whole decades and, back then, only fleetingly aware of
God's quantum assistance here and there. The only viable pathway available to
recovery in 1984 involved legally "escaping" from psych wards and state
hospitals, something that was not possible under state laws prior to the early
1980's. This necessarily created a full shunning by this petitioner of the federal
and state governments and the programs they mandated for the mentally ill,
including their "follow-on" disability entitlements and endless arts and crafts
programs at a kindergarten level, no less and no kidding; they were immovable
executive branch mandates in cooperation with the states that demanded full
compliance with lifelong ingestion of the suspect substance at the center of this
ease. If no ingestion of the substance then no public housing or otherwise
monetary assistance,all predicated on provision of psychiatrist
signatures--psychiatrists being full participants who also demanded drug
compliance. That act of "escaping" was fully disfavored by all medical
19
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
authorities; private, state, and federal; it still is today--and for clear reasons. If
everybody "escaped" from forced and coerced treatment the profitable business
model of the RICO-like structure would collapse. Society has been mesmerized
and polluted by the state-like propaganda of this RICO-like structure. During the
aftermath of the Sutherland, Texas church shooting both Fox News and MSNBC,
being oppositely charged polar forces of ideology, emblazoned their breaking
news screens with the fictional words, "Shooter escaped from a mental
Institution", proving the deep influence of the RICO-like structure on all
non-partisan American popular thought--it's nearly impossible on the streets of
America to know the fact that "mental institutions" were fully shuttered by the
early 1990's. This breaking news graphic, in an enlightened and sure-footed
society assisted by the members of a responsive judiciary, would have instead
stated "Shooter fled ICU that prescribed substance that reduces brain volume by
twenty peráent?'
Both Savoy I and Savoy II have now presented the work of Dr. Martin
Harrow, Professor Emeritus at the University of Illinois at Chicago, School of
Medicine, Psychiatry Department, who longitudinally (20 years) followed
schizophrenia survivors who declined treatment. They had better recoveries and
did not relapse more often than those on antipsychotics for life, vindicating this
petitioner's rightful "escape" along with the approximately 25% of the afflicted
Americans Qibiéëlified treatment and "escaped? Here are his conclusions;
"Starting at the 4.5-year follow-ups and continuing thereafter, SZ
patients not on antipsychotics for prolonged periods were significantly
less likely to be psychotic and experienced more periods of recovery;
20
Savoy
Pet, for Writ Cert. (18-1710 4th dr.)
they also had more favorable risk and protective factors. SZ patients off
antipsychotics for prolonged periods did not relapse more frequently."
--Dr. Martin Harrow, "Do all schizophrenia
patients need antipsychotic treatment
continuously throughout their lifetime? A
20-year longitudinal study," College of
Medicine, University of Illinois at Chicago
PubMedlD# 22340278
In 1984, "escaping" wasn't done easily in a hostile society influenced by
this RICO-like structure. During four years time, from 1980 to 1984, petitioner
had attempted to flee from multiple involuntary commitments by two states in
which consumption of antipsychotics was always mandatory, was always the
first order of business, and was clearly, to this petitioner's personal estimation,
fully debilitating to the mind, restrictive of organic liberty, and a full blockade to
accessing a free unfettered life that was due acitizen in exemplary standing with
society (Eagle Scout, 1979, Del-Mar-Va Council, no convictions, no parking
tickets.) It was a legal mind-trap that few ever escaped back then, including the
famous mathematician and the highly esteemed father of game-theory (the
forerunner to the computer programs of "social media;') John Forbes Nash, jr.,
who no longer had "a beautiful mind;' especially after being forced to endure
brain-shrinking antipsychotics for two tortured decades--with no escape
provided by law during his passage through these institutions 10 years prior to
this petitioner's passage- -despite Nash's ongoing legal protests against
antipsychotics that were never mentioned once in the dutiful pro-antipsychotic
21
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
Hollywood movie of the same name, "A Beautiful Mind;' a slick revisionist movie
that rewrote the history of John Nash on behalf of the RICO-like structure. Our
choices in life and our treatment choices were not considered or even allowed,
not ever; exo-constitutional; full removal from society; dismissed.
It's called involuntary for a reason. The word "involuntary" is an anathema
to a constitution originally grounded in pure liberty during simpler and more
behaviorally tolerant times in the greatest nation ever created on Earth so far.
Now, involuntary commitment involves being forcibly wrestled under control by
police and hospital staff, over-drugged into stupor states and comatose states,
placed into straight jackets when refusing the ingestion of these clearly
destructive "medications;" wrist, ankle, and waist-strapped to hospital beds, and
put-into externally locked isolation chambers, effusively called "padded rooms?'
All of this was done to a petitioner who held his lips tightly together in a rightful
refusal to ingest poison over four years time. Like it rougher? That's where the
mind comes into play as the last human frontier. The RICO-like structure
(comprised of a troika of Big Pharma, government, and psychiatrists;
"professionals" as this court called them in Youngberg v. Romeo, 1982) started
legal proceedings to commence ECT (electroconvulsive therapy) hoisting a
vicious "psych-op" threat against drug resistant patients, as done with this
petitioner, all done in order to achieve "drug compliance"--to bend the human
will in Orwell's metaphorical "Room 101?' There shall be no dissenters and
dissenters shall be punished heavily. It is America's dirtiest little secret and it is
22
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
a secret known only by the silenced victims of that dirty little backroom. secret.
It's all still done today. The "silenced population" comprise expertly hidden proof
of a full defiling of the founder's constitutional intents, all hidden away in
professionally locked ICU chambers with the press forever banned. That tactic of
involuntary commitment is the fastest route to picking a target, freezing it,
personalizing it, polarizing it, and leaving it on a pathway to everlasting
stigmatization and a cerebrum reduced in size by one fifth; total annihilation of
both those who hold "disfavored" thoughts and those who cannot hold thoughts,
swept up together in a profitable and sustainable scheme centered on poison.
Involuntary commitment was the primary operating function behind
Soviet control of its citizens prior to the conclusion of the Second Russian
Revolution in 1991. Petitioner is not suggesting an American government
conspiracy but rather a borrowirig of a government conspiracy to create a
public/private enrichment scheme. And the intended purpose of the RICO-like
structure is not relevant, arguendo; all that matters is the unconstitutional nature
of it all. Unconstitutional is a word known to the federal judiciary. It was all
clearly and convincingly conveyed to the magistrate judge in ECF-1; it was a
rightful demand upon the courts to produce emergency protection under the
equity of the constitution--emergency protection so that the parties involved can
sort it all out in a subsequent Rule 60 proceeding, with Rule 60(b)(6) being the
very last hiding spot of egalitarian equity under the natural law of God's
universe. And now, as of December 2018, Rule 62(b)(4) has gone away from
23
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
usage along with many other banned procedural tools of equity, sent off to
obscurity.
For this petitioner thirty five years ago, it took equal amounts of guile,
deception, resistance, evasion, survival and full faith in an unseen God to escape
and begin assembling the prima facie evidence presented here today (for a
second time;) a compilation of lifeworks achieved while being illegally sane (the
internet search words are "Greg Savoy Reuters";) exo-constitutional; non-citizen
while in attendance of national security events as ajournalist or standing just
feet from five U.S. Presidents on behalf of Reuters or other news stations; with
that evidence starting with a standing and breathing person who is himself proof
of full recovery from schizophrenia, one-hundred and ninety pounds of flesh
inextricably entwined with American antipsychotic-free blood that's not easily
separated from flesh in court proceedings ("Merchant of Venice" Act IV, Scene 1,
Venice, A court of justice, supra.) Assisted by unseen forces for over three
decadesuntil reaching a career pinnacle that would be coveted by any sane
American journalist, this fully "certified" petitioner has arrived at this court for
this rare presentation under equity in support of Dr. Harrow's conclusions, an
equity that operates as "cases shrouded in ancient lore and mystery?' On this
quote, see "Rule 60, Notes of Advisory Committee on Rules--1946 Amendment;'
or alternately, on background, see the following pre-1946 precedents that are
provided there by this same prolific 1946 committee, a committee that made Rule
60 corrections to the 1938 rollout of the new FRCP--a rollout in which equity was
24
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
diminished to secret hiding locations by a codification movement intolerant to
God's equity;
Wallace it. United States (C.C..A.2d, 1944)142 F.(2d) 240, cert. den.
(1944)323 U.S. 712; Fraser v. Doing(App.D.C. 1942)130 F.(2d) 617;
Jones v. Watts (C.C.A.sth, 1944)142 F.(2d) 575; Preveden v. Hahn
(S.D.N.Y. 1941) 36 F.Supp. 952; Cavallo v. Agwilines, Inc. (S.D.N.Y.
1942) 6 Fed.Rules Sent. 60b.31, Case 2,2 F.R.D. 526; McGinn v.
United States (D.Mass. 1942) 6 Fed.Rules Sent. 60b.51, Case 3,2
F.R.D. 562; City of Shattuck, Oklahoma exreL Versiuls v.
Olivei(W.D.Okla. 1945) 8 Fed.Rules Sent. 60b.31, Case 3; Moore and
Rogers, Federal Relieffrom Civil Judgments (1946) 55 Yale L.J. 623,
631-653; 3 Moore's Federal Practice (1938) 3254 etseq.;
Commentary, Effect of Rule 60b on Other Methods ofRelief From
Judgment, op. cit supra. Cf Norris v. Camp (C.C.A.loth, 1944) 144
E(2d) 1; Reed v. South Atlantic Steamship Co. ofDelaware(D.De1.
1942) 6 Fed.Rules Sent. 60b.31, Case 1; Laughlin v. Berens (D.D.C.
1945) 8 Fed.Rules Sent. 60b.51, Case 1,73 W.L.R. 209.
--Notes of Advisory Committee on Rules, 1946 Amendment
Not to sound like Shylock, but is not the absence of legs an automatic and
undisputable trigger to receive disability benefits in America? Does not a
quadriplegic person hobble along with the help of others to enter the courts, with
others stepping lively to hold doors open, with all the surfaces nicely leveled for
wheelchairs? Loss of mind is loss of the operating system that runs the entire
body, not just the legs. At petitioner's time of "escape" in 1984, schizophrenia was
ranked as the third most disabling handicap and it sat between paraplegia and
quadriplegia, yet no assistance was eagerly provided by society or the
government upon refusal of those debilitating "meds;" all doors were shut tight
against this petitioner; full discommendation. If no drug ingestion--then no help.
And forget the Delaware Air National Guard, just forget it.
25
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
No rational reading of the constitution supports this enforced and coerced
ingestion of a repurposed substance (phenothiazine) with striking purposes in
the not-so-distant past. "In 1935, DuPont launched phenothiazine as an
insecticide?' (https://marketbusinessnews.com/dupont-company-information)
A listing at the Encyclopedia Britannica exposes the illogic of using this
substance on the constitutionally protected citizens of America, unedited here
and just as it would be found by any enterprising high schooler in America
researching a school report;
"Phenothiazine, widely used anthelmintic (worming agent)
in veterinary medicine. Phenothiazine is an organic compound
effective against a broad range of parasites in cattle, horses,
poultry, sheep, and swine. A highly toxic drug, it is not
recommended for human use and is not effective in dogs or cats.
Some of the most useful antipsychotic drugs are derivatives of
Phenothiazine. They are widely used to treat the symptoms of
persons suffering from schizophrenia, psychotic depression, the
manic phase of manic-depression, and organic psychoses."
--Encyclopedia Editors at
https:/iwww.britannica.com/science/phenothiazine
citing "University of Maryland Medical
Center--phenothiazine overdose"
The multiple states involved, Virginia and Maryland, have begun to do
what the IRS did first; to intrude by force into the meager and petty holdings of
this one national survivor who has spoken up against that RICO-like structure, a
single person with a strong and amplified whistle in a crowd of people cheering
about their approval of american psychiatric care upon the others, not upon
themselves, psychiatric care by a RICO-like structure which includes portions of
26
Pet. for Writ Cert. (18-1710 4th Cir.)
-
-
Savoy
those same states who are the steady bulk contract purchasers of that poisonous
substance (all fifty states--so in what state shall petitioner find solace?) All fifty
states; that's exactly how you maintain a 20 billion dollar industry--by ripping off
taxpayers while proclaiming to keep them safe from us boogeymen. The lower
courts in Savoy II could not discern the illegalities present for the states. The
lower courts in Savoy II couldn't discern participation violations by the states
under Section 504 of the Rehabilitation Act; no controversy according to the
magistrate judge, the chief Judge, and the En Banc Fourth Circuit.
More importantly though, all the lower courts in Savoy II could not discern
the illegality under the U.S. Constitution of the RICO-like structure emanating
outward from the executive branch. It could have done so and then held the
executive branch accountable (see Marbury v. Madison for the authorities to do
so) by citing this widefield extrinsic fraud upon the courts, by defending the
constitution from a domestically attacking enemy (the RICO-like structure) by
raising their own sua snonte action under Rule Bo(d)(i) of the Federal Rules of
Civil Procedure to declare the wholesale and intentional instigation of madness
under an enrichment scheme to be an unconstitutional act. Read the entry by
Nancy Lanza as she pleaded for help concerning Adam's newly prescribed
antipsychotic, Lexapro. The entry is found in its very own special section of this
petition called "Quashed Authorities" and it instantly corrects society's miscast
role for Adam Lanza as "the boogeyman;"
Nancy reported, "On the third morning he complained of dizziness. By
that afternoon he was disoriented, his speech was disjointed, he couldn't
even figure out how to open his cereal box. He was sweating profusely...
27
Savoy
Pet. for Writ Cert. (18-1710 4th dr.)
it was actually dripping off his hands. He said he couldn't think.
was practically vegetative."
. . .
He
-Nancy Lanza to the nurse practitioner as reported by
Andrew Solomon, "The Reckoning;' The New Yorker
Magazine, March 17, 2014
Your child? Any judge who has viewed this executive branch illegality
presented in Savoy I and Savoy II has an obligation to the U.S. Constitution and to
the public interests to intercede during any proceeding which has raised this
widefield fraud upon the courts, including this instant proceeding. As written by
the judiciary itself during the oddly prolific 1946 rules committee, the (d)(1)
saving clause under Rule 60 is reserved for mostly the court's use, not for
regular use by litigants. In a case that proves a fraud upon the courts, with a
standard of clear and convincing evidence met by the sum total of PubMed
research, journalism, and the executive branch countervailing authorities and
mea culpas presented in both Savoy I and Savoy II, that initial aggressor and
instigator in this case, the executive branch, should be informed by the courts
that "Thou shalt have justice, more than thou desirest' (Portia, "Merchant of
Venice;' court of justice, supra)
"And the rule expressly does not limit the power of the court, when
fraud has been perpetrated upon it, to give relief under the saving
claus&'
--Notes of advisory committee on rules, 1946 Committee
Savoy II has arrived at this court because the lower courts did not even
believe the clear illegality and the lower courts did not even extend the simple
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
emergency protection that was requested and Savoy II has now arrived timely at
the U.S. Supreme Court in record-breaking time because the petitioner with a
significant disability under statutory law did not relent, petitioner did not rest,
and there has been no imputation of a petitioner's litigative neglect such as in the
cases of Aikens or Akermann- -which are raised now just to reference, as a
contrast, this country's most infamous "saving clause" cases where the fraud
was intrinsic, not extrinsic. It's an extraordinarily powerful and influential
RICO-like structure; like nothing this court has ever voluntarily handled in this
century, like no other institutional misappropriation of the U.S. Constitution and
like something only previously encountered in the decades prior to
Reconstruction.
The stay of proceedings to enforce a judgment is now long overdue upon
this petitioner. Petitioner asked for protection within 24 hours and instead got
misdirection for more than 5,760 hours and the petitioner got no actionable
protection from those state intrusions, just full obfuscation of his constitutional
grievance; a grievance in which the Rule 60(b)(6) motion that's soon to be
presented will raise the disproportionate application of antipsychotics and
involuntary commitments upon African-Americans, which is now proven by
research to greatly exceed a proportional rate of citizen representation, uniting
an old cause of God's with the current one under equity. I raise this fact in honor
of the involuntarily committed Billy, last name unknown, my only friend in 1980
behind locked doors and forever remembered, revered, and held as the high
co
Pet. for Writ Cert. (18-1710 4th dr.)
Savoy
standard for happenstance friendship. For this petitioner as God's witness,
racism in that Tallahassee ICU was ripped wide open for this petitioner's easy
view; but for the press banned.
To provide a disabled petitioner with protection AFTER his financial
destruction is completed by the RICO-like structure is not logical sequencing, not
equitable justice, and fulfils the hardest of bargains doled out in our current
times; causing entrapment in a bureaucratic machine that creates
exo-constitutional citizens who are forever lost, who are forever null and void to
everyone walking around on this Earth, to not include our exalted God who
walks everywhere.
'Tis mightiest in the mightiest: it becomes
The thrOned monarch better than his crown;
His sceptre shows the force of temporal power,
The attribute to awe and majesty,
Wherein dôthsit the dread and fear of kings;
But mercy is above this sceptred sway;
It is enthroned in the hearts of kings,
It is an attribute to God himself;
And earthly power doth then show likest God's
When mercy seasons justice.
--Portia, Act IV, Scene 1, Venice, A court of justice,
"Merchant of Venice' William Shakespeare, 1600 A.D.,
London, Thomas Heyes, Publisher
30
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
Reason for Granting the Petition
"Equity is not legal Justice but a rectification of legal Justice:'
--Aristotle's Conception of Equity (Epieikeia,)
.Anton-Hermann Chroust, Notre Dame Law
Review, December 1, 1942
A crime under the constitution was raised at a U.S. District Court.
Emergency relief from that crime was first cogently requested under Rule
62(b)(4.) That emergency action was taken to provide plaintiff the time and
protection to then present a binary action under Rule 60(b)(6,) which provides
relief far outside the constraints of res judicata, relief from judgment(s) "for any
other reason that justifies relief?'
Petitioner argued in the Objections to the R&R (ECF-5) that a Rule 60
action can be thought of as being "always pending" once that bar of res judicata
has been overoassed by a superior raising of gross injustice. It all resides outside
of time, just as God does. That's the whole point of pure equity. Once time is
removed by that bar, the timing condition of "pending;' as raised by the Chief
Judge in the order adopting the R&R (Appendix B) is an inarticulate condition to
enable or disable equity and it becomes immaterial as a bar under gross
injustice. The moment that the petitioner had a needle forcibly jabbed into skin
under state care in May of 1980 and phenothiazine poison started invading his
bloodstream, dulling his mind, and distorting his soul from God's view, this
petitioner was due equitable relief, outside res judicata, relief from all the
31
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
participating states in that nationalized crime under a failed executive branch
dogma enforced by the courts themselves--a RICO-like structure.
Rule 62(b)(4) is tied forever to one rule and only one rule, Rule 60 writ
large. Petitioner followed proper civil procedure that was available on the day he
sought protection (May 28, 2018.) It was to be protection from a state that has a
proven track record of locking up the petitioner's bank account (to a proven
detriment upon a hard-won God-given career) and it was to be protection from
an additional state starting to climb up a similar intrusive collections ladder (the
states of Virginia and Maryland, respectively.) During Savoy I an identical state
action using the same exact judgment (issued by the City of Richmond Circuit
Court) occurred at the same exact time that petitioner was writing his
Supplemental Brief for case no. 14-1901 at the U.S. Court of Appeals for the Fourth
Circuit. That fourth circuit case included a protest of the IRS posting to the states
of fraudulently derived 1040 forms acquired from the petitioner through
coercion [a case in which a challenge was raised under U.S. Code 26
§6330(c)(2)(A)(ii,) raising in a CDP hearing "challenges to the appropriateness of
the collection actions" upon a citizen with a significant hidden disability, a
disability codified by the ADA Amendments Act of 2008, all raised to no avail
under law.] That intrusive Virginia state action occurred in the polluted
downstream waters of that initial IRS action and the Virginia action was
documented as occurring within the time frame of the writing of the Appellant's
Supplemental Brief for case no. 14-1901, a brief which had included direct
32
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
evidence from Reuters management (emails) that proved the Virginia state
actions severely hobbled this petitioner's coverage of the Ferguson decision, the
resulting riots, the fires, and the dangerous mayhem; all done without personal
funds available to operate safely as a freelancer; all done with the State of
Virginia being enriched by the petitioner's petty in forma pauperis holdings of
less than $1,400 in petitioner's single solitary BB&T bank account. This maligned
activity by the State of Virginia is all described in the Supplemental Brief from
Savoy I at the U.S. Court of Appeals for the 4th Circuit which, (by the way, in
passing, and incidentally,) also raised in that Supplemental Brief was the §2254
habeas corpus plight of petitioner's doppelganger Scoff Panetti on the eve of his
execution by the State of Texas; a crime upon a crime by the RICO-like structure.
If you failed to read it when Savoy I passed through this court, I encourage you to
do.so belatedly especially if the divine peace of the fifth circuit is of interest to
you or if you'd enjoy a warm family story related with faith about the Savoy
Family's former church friend, Senior Judge Walter Stapleton of the 3rd
Circuit--2014 American Inns of Court Professionalism Award, Justice A1ito
attending. (Appellant's Supplemental Brief, case. No. 14-1901, U.S. Court of
Appeals for the Fourth Circuit.) Petitioner is not name dropping; shame on those
who conclude so. Petitioner is stating lifelong concording authorities found
within God's meticulously arranged universe.
Because Rule 62(b)(4) leads only to Rule 60, and to Rule 60 alone, this hard
connection of Rule 62(b)(4) cannot be easily severed or ignored in a Magistrate's
33
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
R&R. There is a single emergency bell written into the Federal Rules of Civil
Procedure, perhaps emulating the divine providence of God, a highly involved
designer and incessant genetic tinkerer, a divine providence that prodded law
into being in the first place at some unknown juncture in history (as Aristotle
couldn't have been the first; it's simply got to be in our root genetic design.)
When one urgently calls out in finality to God for help it is no different than
asking a court to review a Rule 62(b)(4) emergency stay tied to a Rule 60(b)(6)
request to access the "grand reservoir of equitable power:' It is similar to a
passenger pulling the emergency stop cord on a steam locomotive during
rational and cautious days now long passed from society's grasp.
Recently, Chief Justice Rehnquist explained this old family of rules well at
this court and he saw how they function to serve the equity written pointedly
into the U.S. Constitution (after all, equity is a full named partner and it worked
hard to get there.) In United States v. Beggerly (U.S. Supreme Court case no.
97-731,) Chief Justice Rehnquist wrote about the jurisdictional bar of res judicata
within equity and the condition that needs to be present for it's suspension, with
underlined emphasis added here that supports this beleaguered petitioner's
stark positioning of extrinsic fraud as the driver of a gross injustice;
"Independent actions must, if Rule 60(b) is to be interpreted as
coherent whole, be reserved for those cases of "injustices which, in
certain instances, are deemed sufficiently gross to demand a
departure" from rigid adherence to the doctrine of resjudicata."
Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U. S. 238,244
(1944).
34
Pet. for Writ Cert. (18-1710 4th dr.)
Savoy
--Chief Justice Rehnquist, United States v.
Beggerly (U.S. Supreme Court case no. 97-731,)
By the syntax of old rule 62, that "coherent whole" must include Rule
62(b)(4) a rule connected back from solely Rule 60, connected back from no
other rule. Without Rule 60 it couldn't exist. It is part of the coherent whole. The
Magistrate judge had no reasonable justification to ignore the Rule 62 law raised
and instead raise speculatively his own law under Rule 85, an injunction which
holds no direct and guaranteed pathway to the "grand reservoir of equitable
power," no direct lineage to Rule 60.
"The undersigned liberally construes Plaintiff's application as a
motion for injunctive relief."
--Magistrate Judge, "Report and Recommendation,"
ECF-4 for case no. 3:18-cv-00086-GMG, U.S. District
Court for the Northern District of West Virginia
Pulling the emergency cord on the steam locomotive became pointless.
How did a federal judge take a citizen's first amendment grievance under the
constitution and shunt the dome-view car onto a dead siding with rusted rails
among the weeds, providing not even a glancing view of the "grand reservoir of
equitable power?"
Answer; it was done by the same exact equity that this petitioner had
raised in expectations of equity being treated as a high science, a high science
described by Supreme Court Justice Joseph Story;
"The principles of equity jurisprudence are of a very enlarged and
elevated nature. They are essentially rational, and moulded into a degree
of moral perfection which the law has merely aspired to... The great
branches ofjurisprudence mutually illustrate and support each other.
.
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
The principle of one may often be employed with the most captivating
felicity in the aid of another; and in proportion as the common law
becomes familiar with the lights of equity, it's own code will become
more useful and enlightened."
--Supreme Court Justice Joseph Black
"The Progress of Jurisprudence:' page 234 in "The
Miscellaneous Writings of Joseph Story,"
Boston: Little, Brown 1852
Under equity, in which laws can apparently be construed by the court
closer to, or further from, their original intent on a plaintiff's behalf or on the
behalf of an expansive RICO-like structure, the magistrate judge in this case
neglected to mention anywhere in the R&R that a crime under the U.S.
Constitution had been presented at the district court; not once described. Instead
the magistrate judge made some facts up, facts not supported by the record
presented in either Savoy I or Savoy If--or anywhere else in petitioner's easily
viewed public life as an award-winning national journalist ("Greg Savoy Reuters"
are the search terms,) a career showcasing an everlasting recovery from
schizophrenia under what can only be deduced as God's instructive care.
"Plaintiff claims that freezing his bank accounts might lead him to
relapse after 30 years in remission from schizophrenia."
--Robert Trumble, "Report and Recommendation,
ECF-4, page 2, U.S. District Court for the Northern
District of West Virginia, case no.
3:18-cv-00086-GMG
This relapse claim is found nowhere in the complaint. This is Hollywood
movie script stuff and the emotional hyperbole of court discrimination.
36
Pet. for Writ Cert. (18-1710 4th dr.)
Savoy
Petitioner is quite proud of his titanium recovery; there's no questioning that. So
how did we end up with such a fictional interpretation of the facts presented?
Here's the answer. "Brutus" and the "Federal Farmer" were essentially
America's first bloggers, stepping up anonymously with op-eds as the
constitution was being written. It was a constitution in which equity and law
could either be strictly separated, causing highly specialized sciences at
separated courts with separated authorities and separated jurisdictions (like the
Keeper of the King's Conscience under England's chancery or the Praetor in
Cicero's Roman time) or it could be stirred into a mish-mash porridge for the
new world masses. As Brutus complained in his advocacy papers, judges would
be able to "explain the constitution according to the reasoning spirit of it, without
being confined to the words or letter," with his prescient conclusion that judges
would be able "to mould the government into almost any shape they pleased:'
Here's the direct result of that judicial mish-mash; the American courts
have judicially molded (by ignoring the implicit words in the Fifth Amendment) a
federal government that supports drugging people by force With a destructive
substance formerly sold by DuPont as an insecticide in the 1930's—and it all
seems peacefully equitable beyond the locked doors that hide these crimes,
under a federal court deference to "professionals"--equitable to the state's
equitable needs alone, forget the right of the individual to a substantive due
process when us innocent citizens are strapped to the bed during involuntary
injection of a debilitating substance, a chemical compound called phenothiazine
37
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
by sober research scientists, a chemical compound never called phenothiazine
by the cash-giddy "professionals" who have repurposed and profitably marketed
this chemical compound as either "antipsychotics" or "atypical antipsychotics?'
No, it's a chemical compound initially used as an industrial dye in the late 1800's
during Joseph Story's rational and cautious time, many decades before DuPont ,
realized it also killed insects. And now it's proven to shrink brains--shrinking the
exalted passageway to God and from God. When a large bulk of souls was
removed from God's direct view did everyone think it would be allowed to
prevail in God's universe? Was it assumed that God is passive in the matters of
design?
I must now remind this court that this country has been painstakingly led
to the adoption in 1787 of a constitution that in no rational or no cautious reading
would ever allow the involuntary reduction of a citizen's brain volume by twenty
percent. If this petitioner is wrong, then this court owes this petitioner and all
others affected a detailed explanation. Two proceedings, Savoy I and Savoy II,
have now requested this explanation from the courts and from the executive
branch. The challenge stands.
Under Rule 80(d)(i,) anybody up for a little court action? It doesn't even
require consensus among the justices of this court. Any single judge or any
single justice can stop this illegality under the constitution. That's what's written
into the oath taken, to defend the constitution from domestic enemies. That's
what is also written for independent actions under Rule 60(d)(1.)
RF
Pet, for Writ Cert. (18-1710 4th dr.)
Savoy
"And the rule expressly does not limit the power of the court, when
fraud has been perpetrated upon it, to give relief under the saving
clause:"
--Notes of Advisory Committee on Rules-1946 Amendment
On this court's full authority under equity, search in prayer your faith to
receive additional direct authority. But additionally, for the spiritually timid or
the permanently disconnected, see the notes of the 1946 advisory committee for
citations of procedural precedent under Rule 60;
Dobie, Federal Procedure, pages 760-765, compare 639; and
Simkins, Federal Practice, ch. CXXI (pp. 820-830) and ch. CXXII
(pp. 831-834), compare §214. See also, Moore and Rogers, Federal
Relieffrom Civil Judgments (1946) 55 Yale L.J. 623. See also 3
Moore's Federal Practice (1938) 3254 et seq.; Commentary, Effect of
Rule 60b on Other Methods of ReliefFrom Judgment(1941) 4
Fed.Rules Sent. 942, 945; Wallace v. United States (C.C.A.2d, 1944)
142 F.(2d) 240, cert. den. (1944)323 U.S. 712.
--Notes of Advisory Committee on Rules- 1946 Amendment
The proven path to full recovery from schizophrenia is lined by the works
of high science and high faith under God's equity, not the works of government
under law. California records show that in the 1940's, before arrival of this
corrupt drug era that was formed up in the early 1960's under this RICO-like
structure, schizophrenia victims were returned to full employment within no
more than 6 years, and often much less (as presented in the writ of Savoy I.) Now
these same commensurate victims just soak up well deserved lifelong
entitlement funds upon the forceful and needless shrinkage of their cerebrums
39
Pet. for Writ Cert. (18-1710 4th dr.)
Savoy
under a outrageously profitable lifelong ingestion scheme (as presented in Savoy
II;)
"Cerebrum, the largest and uppermost portion of the brain.
The cerebrum consists of the cerebral hemispheres and
accounts for two-thirds of the total weight of the brain. One
hemisphere, usually the left, is functionally dominant,
controlling language and speech. The other hemisphere
interprets visual and spatial information."
--Editors of Encyclopedia Britannica
(at https://www.britannica.com/sciencelcerebrum)
referencing "dominance of the cerebrum" by
contributor Thomas L. Lentz, Professor of Cell Biology,
School of Medicine, Yale University
Because the several states have ongoing cooperation with the executive
branch in both taxation and the fraudulent RICO-like distribution of
antipsychotic medication during state interventions and involuntary
commitments, this specific citizen has adequately in two full proceedings under
the constitution (first in Savoy I and now under Savoy u) justified his equitable
relief from intrusive collection actions, garnishments, liens, and levy's and is not
to be prevented from entering the gates of the U.S. economy by means of
bureaucratic entanglement, bureaucratic harassment, and a public attachment to
"extreme legality" (Cicero, "De Offlciis7 44 B.C.) stating that no suit shall be
brought to restrain the collection of taxes (U.S. Code 28 §7421,) despite a converse
law delivered directly to the courts by Congress stating that all barriers to
participation must be removed (ADA Amendments Act of 2009; Findings and
Purposes.) When fully pursued law and colliding law is proven to not provide
IøJ
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
relief, then equity is called upon succinctly. And when equity can no longer
operate to correct law, then "gross injustice" blossoms under the law--seeding
mayhem in America; church shootings, school shootings, domestic strife, to
name just some of the vile aftereffects of the unconstitutional peddling of
antipsychotics, all peddled under the official guise of U.S. statutory law.
"For that which is equitable seems to be just, and equity is justice
that goes beyond the written law. These omissions are sometimes
involuntary, sometimes voluntary, on the part of legislatures;
involuntary when it may have escaped their notice, voluntary
when, being unable to define for all cases, they are obliged to make
a universal statement, which is not applicable to all, but only to
most cases ; for life would not be long enough to reckon all the
possibilities. If then no exact definition is possible, but legislation
is necessary, one must have recourse to general terms?'
...
--Aristotle's "Rhetoric," J.H. Freese, trans. Loeb
Classical Library, Harvard University Press (1926)
In conclusion, the district court should follow prescribed procedure raised
on May 28th, 2018 under the FRCP and grant the emergency ex parte stay of
proceedings to enforce a judgment and the court should bide it's time while a
Rule 60(b)(6) motion is carefully crafted by this disabled plaintiff.
"It should be noted that Rule 60(b) does not assume to define the
substantive law as to the grounds for vacating judgments, but merely
prescribes the practice in proceedings to obtain relief?'
--Notes of Advisory Committee on Rules-1946 Amendment
Under Rule 62(b)(4) of this family of Rule 60 rules (as raised cogently at
the U.S. District Court and as responsibly pursued by this petitioner with alacrity
41
Savoy
Pet. for Writ Cert. (18-1710 4th Cir.)
all the way to this terminus--despite a full fetterment and full shunning by the
lower courts) this specific citizen with a significant hidden disability is to be left
alone undisturbed to continue pursuing his proven pathway to recovery from
schizophrenia, which is neither a lucrative or desired position in society, nor
self-selected. Any survivor has to confront the degree to which their cognitive
capabilities were denigrated by these antipsychotics. That is to be a private
humiliation with no further state entanglement during the writing of a Rule
60(b)(8) motion, rightfully couched upon God's universe where time is God's
currency and where time does not apply to law and claim preclusion.
"Hard bargains" are neither a new thing on Earth nor unique to these
times.
"--there is hardly a subject of litigation between individuals, which
may not involve those ingredients of fraud, accident, trust, or
hardship, which would render the matter an object of equitable
rather than of legal jurisdiction."
--Alexander Hamilton, Federalist no. 80, Federal
Judicial Center website, history of equity
(www.c.gov/history/courtsijurisdiction-equity)
There is still much work to be done during this everlasting remission
under God's providence, such as the urgent articulation of a motion for
long-term relief under Rule 60(b)(6) and a resumption of petitioner's advocacy
work as a bond servant to God (see YouTube- "Schizophrenia Boot CampModule One.)
The cause is clear;
"These new data on the long-term outcomes for people with
"schizophrenia" remind us that 100 years after defining this
42
Pet. for Writ Cert. (18-1710 4th Cir.)
Savoy
disorder and 50 years after "breakthrough" medications, we still
have much to learn?'
--Dr. Thomas Insel, as Director NIMH, now former,
"Antipsychotics; Taking the Long view;' August 28, 2013
Where we go from here--is up to all of us within the choices we make as
individuals. That was the whole point of "The Merchant of Venice" and the long
studied effects of desire, will, and faith that led to it's writing.
In technicality, faith in God is not required to be seen by God and to be
assistedbyGod. The mission before us then is to restore the lost technical
connections with God caused by the reduction of the cerebrum by 20%, a
reduction in transmission clarity which, one must assume, caused mighty
consternation at an entangled location both very far from Earth and directly
alongside Earth; that location being quantum eternity.
"...the eye through which I see God is the same eye through
which God sees me;"
--Meister Eckhart, Sermons of Meister Eckhart, 1260
A.D. to 1328 A.D., translated into English by Claude
Field, 1909.
43
Pet, for Writ Cert. (18-1710 4th Cir.)
Savoy
Conclusion
The petition Iota writ of certiorari should be granted;
All truthfully related, one more time, under
penalty of perjury on February 18, 2019,
Gregory Scott Savoy (DBP
33 Onondaga Trail,
Hedgesville, WV 25427
44
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.