Petition for Writ of Certiorari — Javaris Marquez Tubbs, Petitioner v. United States
Supreme Court briefJul 5, 2024
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84 - 507SO)
No.'
FILED
JUL 0 5 20»
teigco^SLs
IN THE
SUPREME COURT OF THE UNITED STATES
Sulieman Bey ex rel
JAVARIS MARQUEZ TUBBS
— PETITIONER
(Your Name)
vs.
UNITED STATES OF AMERICA "et all RESPONDENT(S)
ON PETITION FOR A WRIT OF CERTIORARI TO-
United States Court of Appeals Fifth Circuit
(NAME OF COURT THAT LAST RULED ON MERITS OF YOUR CASIE)
PETITION FOR WRIT OF CERTIORARI
Sulieman Bey ex rel JAVARIS MARQUEZ TUBBS
(Your Name)
FCI TALLADEGA, PMB 1000
(Address)
TALLADEGA. ALABAMA
(City, State, Zip Code)
N/A
(Phone Number)
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l
GUESTiON(S) PRESENTED
1. V as the sentence imposed in violation of the constitution or
laws of the United States?
2. Is the U.S. District Cc-urt for the Western District of
Louisiana, Monroe Division,- ordained and established by ar. Act of
Congress at Article III to act judicially?
3. Is the U.S. District Court of Western Louisiana, Konroe
Division, a "District Court of the United States”?
4. lid the U.S. District Court have jurisdiction to impose such
sentence?
5. Did the U.S. District lack subject, matter jurisdiction?
6. Did the U.S. District Court lack In Personam jurisdiction?
7. Did the U.S. District Court lack Territorial jurisdiction?
8. Was affiant arbitrarily deprived cf right to a name and
nationality under ‘color1 of law?
9.
Is the United States of America's.: claim of personam
jurisdiction of affiant via 'state birth certificate', proof of
'Denationalization', 'crimes against humanity', 'Genocide'?
10. Is the Moorish Divine and National movement of the worlds legal
notice
judicial notice;
name
declaration;
proclamation;
/
correction; Nunc Pro: Tunc to affiants right to a name and a
nationality; cultural; political 'status' of choice?
11. Did the plaintiff and the district court judge conspire against
affiants rights by claiming jurisdiction (U.S. Citizenry) via
'birth certificate?
12. Did the plaintiff and the district court judge deprive affiant
of rights under 'color' of law?
13. Was there a 'conflict of identity' ., and of nationality on the
part of the plaintiff' and the judge?
14. Can affiant be compelled to associate?
15. Does affiant as a 'Natural Person' have the right to self
autonomy, self goverance, and to determine his own 'political
status" of the "state"?
16. Are the right to travel, the right to mode of conveyance , the
righi: to locomotion, the. right to free movement, all abs olute
rights?
4
t
I
QUESTiON(S) PRESENTED
17. ts the 'Birth Certificate' a state deed of ownership?
18. Are the judges, senators, representatives, and members of the
several state legislators, all executive, and judicial officers
both of the united states and several states, bound by Oath or
Affirmation to Article VI of the U.S, Republic Constitution?
19. Is the (Treaty of Marrakech), the Treaty of peace and
friendship between Morocco and the United States supreme law of
the Land?
20. Are treaties, including United Ration Charters, 'Suprem e Law
of tine Land?
21. Is 'black* a "color or race"?
22. Ts 'black' a nationality or a political slave label?
23. Are the labels negro, black, colored, african-american, etc. ,
an art of 'denationalization' or 'genocide'?
24. Does the birth certificate confer jurisdiction to the state?
25. Do all individuals have the right to a name and nationslity?
26. !)oes 'status' determine jurisdiction?
27. Is the Moorish Divine and National Movement, legal / judicial
notice; name declarations correction; proclamation and publicstion;
a name change or a status correction?
28. Is Article I of the U.S. Republic Constitution, 3/5 of all
other 'persons' clause retroactively applied ex post facto, to the
all 'persons' born 14th amendment 'citizen'?
29. Does the 14th amendment to the U.S. constitution, 'all persons
born' clause hold Moorish Nationals hostage under ex post facto
slavij labels e.g. negro, black, colored, african-american, etc?
30. Is the 14th amendment to the U.S. constitution ex post facto
to the 13th amendment, reinstituting slavery via the black code
laws?
31. las Dx~ed Scott v. Sandford 15 L.Ed. 691, 19 How 393, ever been
overturned?
32. Are negroes, blacks, coloreds, african-americans,
citizens1
according t:o the U.S. Republic constitution, and meaning and intent
of framing founding fathers?
-» 7
.
QUESTION(S) PRESENTED
33. Does the birth certificate declare negroes, blacks, coloreds,
african-americans, as 'property' (subjects), via the state wherein
they reside? Is the 'state seal' on the birth certificate proof
of claim?
34. ilow is it a negro, black, colored, african-american, cm be
made a 'citizen'?
35„ Is U.S, citizenry f«5x?rartificial, corporate persons?
36. Is the United States a Federal Corporation?
37. low can the. word 'black* find no formal place within the
nationalities of the human family, and still can be made a
'citizen' of any free national constitutional government?
38. Axe blacks "slaves" or "persons", as used in the 14th
amendment, and how can they he made first-class citizens without
their inalienable free national descent name of their forefathers?
39. is the unlawful taking and carrying away of a human huing by
force, fraud, threats,, or intimidat-ioi) and against his* will, a act
of kidnapping?
40. ts the Moorish American National 'political status' "state"
a diversity cf citizenship issue?
41. khich branch of law authorized the states to apply aboli shed
slave labels, [negro, black., colored, african-american], to any
person of african descent, after 1865?
42. r oes this act reinstate such persons as chattel-proper ty, and
reopens the institution of slavery under colorable constil uti.onal
amendments?
43. Does this case arising under the constitution of the United
States and Treaties, involve "federal question" jurisdiction?
44. Did the United States of ■America deny affiant of procedural
and
substantive
rights
to
life,
liberty(freedom),and
property(inalienable rights), without due process of law?
45. ('an a judge deny a jurisdictional claim without the plaintiff
/ accuser first bearing the burden of proof?
46. Can jurisdiction he established by consent, stipulation,
agreement of parties, or waiver?
47< Can a jurisdictional claim be procedural!y defaulted?
* * .
QUESTSON(S) PRESENTED
48. toes a defendant need to show cause and prejudice to justify
his failure to raise a jurisdictional, claim?
49. Ioes a natural person / human being have a right to freedon
of expression / association or disassooiation?
50. t o natural persons / human beings have the right to self goverance
/ self autonomy?
51. Does the sentence imposed violate Tapia v. United States,[740
F.3d 370] 131 S.Ct. at 2391, and the sentencing reform act?
52. Ian a supervised release sentence be Imposed / increased to
prison, to promote rehabilitation / treatment?
53. Can above the sentencing guideline sentence be imposed to
promote rehabilitation / treatment in a supervised release
revoc ation hearing?
54. For a crime to exist, does there have to be an injurel ;?arty
(corpus delicti)?
55. Just a case be dismissed, if the tribunal (court) finds absence
of. proof of jurisdiction over person or subject matter, oc where
due process was denied?
5o. Is it a crime for a judge to practice law from the bench?
57. js Moor American a *state*?
58. is the United States of America,
(u.S.A.)
a
jurisdiction to Moors?
59. 'ts the word 'person' a corporation, unless it says
person'?
foreign
'natural
60.1s it 'fraud' to impose the 14th amendment on the people?
61. Are u.S. citizens property and franchises of the federal
government?
62. Ls the ability to regulate the people unconstitutioral and
* .r,-i
repugnant to the constitution?
63. Are (Birth) Rignts personal property?
64. Are the rights of the people derived from governmental
agenc res, either municipal, state, or federal, or even from the
const itution?
65. D oes the term "person" include the soveriegn?
QUESTION(S) PRESENTED
66. Must a court have jurisdiction over the human being, alLegea
crime: , and land, prior to tne court exercising judicial p ewer?
67. n o statutes have jurisdiction over the people?
68. Dnce jurisdiction is challenged, must it be proven ta sxist
oy written documentation?
69. ]s it fraud by an Article III judge, that sits m a muni cipal
-1
.
^
«
•
*
court, to administer judicial power?
70. Can a magistrate, administrative officer of the ex ecitive
branch sit in a judicial capacity?
71. toes the office of the prosecutor rest in the executive br men?
72. :c£ the prosecutor is an attorney, officer of the court , vhich
is p art of the judicial branch, is this a 'conflict of int er 2st' ?
73. Must a complaint Identify at least one plaintiff by tru e lame,
for £ action to commence?
74. Is the united states an entity?
75- Can tne united States write a complaint?
76. Are all actions carried on by a governmental agency ca tried
out by its agents and actors?
77. Is violating one's oath (or Affirmation) 'perjury*?
78. Are judgements from courts with no jurisdiction nullities?
79. /Its
the
united States district court of Western Louisiana,
Monroe division, a territorial / legislative court?
80. Does tne government, state or federal have jurisdiction over
a human being?
•
•
81. Can an inanimate object press
object?
82. /xe governments corporations?
charges
against
an
animate
83. vho do statues apply to?
84. Does tne l4th amendment apply negatively to a class of people,
and contradict the united States Repunlic Constitution wliicn is
not Written for a specific class of people, it is written for
everyone?
85. Do codes,
including united States Codes,
Ordinances regulate government employees only?
Statute s.
and
4
4
QUESTION(S) PRESENTED
bring in a living, breathing
person and have
Can a court
juris diction over them?
87. does the law say that if you do not declare that you ar e a non
86.
corporate entity, you are a corporation?
88. is it 'fraud' because the court failed to tell us they had no
jurisdiction?
u.S.
89. Are all courts (including those in Washington D.C.
District Courts (federal courts) and circuit courts, FOREIGN STATES
to Mcors?
90. Can the judge obtain jurisdiction by simply saying he has
jurisdiction?
91. Hay the plaintiff
(accuser)
stipulate that the cov.rt has
*
*
*
,
jurisdiction?
92. Must the plaintiff provide written proof of jurisdiction, and
must file that written proof into the case?
93. Way jurisdiction he challenged at anytime?
94. when the plaintiff fails to
provide jurisdiction, is any
sentence or finding of the court void?
95. Cs it 'fraud' from the inception, because the court already
Knew T was not a corporation and they Knew they did not / do not
have jurisdiction over the body?
96. Are declared Moors (declarednationality) protected under
International Law?
97. Ilid congress replace statutes with international law, placing
all states under International law?
98. Did ttie International Organization Immunities Act relinquish
every public office of the united States to the united Natrons?
99. Is citizenship relinquished once an "Oath of Office” is taken.
thus becoming a foreign entity, agency, or state, meanind dvery
public office is a foreign state, including all political
subdivisions, (l.e. every single court is considered a separate
foreign entity)?
100. Can a foreign entity. agency. or state bring any suit against
"The People" according to Article xl of the Bill of Rights?
GUESTION(S) PRESENTED
101. Can the judge deny a section 2255 motion challenging subject
matter jurisdiction without the plaintiff l accuser) bearing the
burden of proof of its existence?
102. Can the appellate court deny a certificate of appealability
for not paying a filing fee, when the petitioner has already been
granted prior approval to proceed in forma pauperis, by the
district court, in the prior proceeding?
103. Ts negro, black, colored, a 'suspect classification'?
104. Is negro, black, colored, a "protected person'?
105. Ts jurisdiction once challenged to be proven by the asserter
or the court?
'.f'v.
LIST OF PARTIES
[ ] idl parties appear in the caption of the case on the cover page.
IX] All parties do not appear in the caption of the case on the cover page. A list of
all parties to the proceeding in the court whose judgment is the subject of this
petition is as follows:
Uni. ted States of America
Crstina Walker
Terry A. Doughty
Mary J. Mudrick
Casey Stevens
BrL'an:'Christopher'Flanagan
'
United
States v.
TUBBS,
RELATED CASES
2:05cr0C243, 2:06cr00451, Eastern District OalLfornia.
Judgement entered Mar. 27, 2003.
United States v. TUBBS, 2:05cr0G243, 463 Fed.Appx.706, 2011 U.S. App. LSXIS 25771,
Eastern District California. Judgement entered Dec. 23, 2011
United
States v.
TUBBS,
3:19cr00391,
3:19cr00392,
Western District Louisiana,
Monroe Division. Judgement entered Mar. 1. 2023.
United States v. TUBBS, 3:19cr00391. 2024 U.S. Dist. LEXIS 33852, Western District
Louisiana. Monroe Division. Judgement entered Feb. 26, 2024.
United
States v.
TUBBS,
|
3:19cr00391, 3:19cr00392, 2024 U.S. Dist. LEXIS 60189,
Western District Louisiana, Monroe Division. Judgement entered Apr. 1, 202n.
United
States v.
TUBBS, No. 24-30155, No. 2430156, 2024 U.S. Dist. IEXJS 10338,
United
States Court of
Appeals Fifth Circuit. Judgement entered Apr. 29, 2024.
TABLE OF CONTENTS
OP NIONS BELOW
1
JURISDICTION
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
STATEMENT OF THE CASE
REASONS,FOR GRANTING THE WRIT
COMCLUSION
INDEX TO APPENDICES
APPENDIX A
Decision of the United States Court of Appeals Fifth Circuit.
APPENDIX B
Decision of the United States District Court Western District Louisia na, Monroe
Division.
APPENDIX C
Decision of United States Court of Appeals Denying Timely Filed
Petition for
Rehearing.
APPENDIX D
APPENDIX E
i
APPENDIX F
TABLE OF AUTHORITIES CITED
PAGE NUMBER
CASES
Wooley v. Maynard, [430 U.S. 703] (1977)
2
Abood v, Detroit Board of Education, [431 U.S. 209] (1977)
2
Sei Fujii v. State (1952) 38 Cal.2d 718, 242 P2d 617
2
Dillon v. Dillon, 187 P.27
3
City Street Improvement Co. v. Pearson,, 181 C.640 185 P.962
3
Lowe v. Alexander, 15 C.296, People v. Board of Delegates of San
3
Francisco Fire Dept., 14 C.479
Hagans v. Lavine, 415 U.S. 533
3
In Re Marriage of Hampshire, 261
4
Gray v. Internal Affairs Bureau, 292 F.Supp.2d 475 (S.D.N.Y. 2003)
4
Eagerton v. Valuations, Inc » 5 698 F.2d 1115, 35 Fed.R.Serv.2d
4
(callaghan) 1546 (1.1th Cir.1983)
4
Merritt v. Hunter, C.A. Kansas 170 F.2d 739
STATUTES AND RULES
Fed.R.Civ.P. 12(h)(3)
4
18 DSC § 241
5
18 HSC §242
5
8 USC, Chapter 12, § 1101(a)(42)
5
18'. use,. Chp.12, §207(e)
18 DSC §4001(a)
18 DSC § 241 & 242
5
6
A
9
28 USC, Chp.176, Section 3002(15 A).
9
18 USC §§ 241-242
10
22 CFR 92.12 - 92.31 FR Heading "Foreign Relationship"
11
8 DSC §1481.
11
22 DSC, Chp.ll. (Foreign Relations and Intercourse)
11
28 USC, Chp.176, §3002(15 A).
OTHER
Article 20, Universal Declaration of Human Rights
11
Article 3 and Article 4, United Nations rights of Indigenous Peoples
2
Article 15, Universal Declaration of Human Rights
3
Principle 3, Declaration of the Rights of the Child
3
Article 6, United Nations Rights of Indigenous Peoples
3
2
*
TABLE OF AUTHORITIES CITED
PAGE NUMBER
CASES
Eberhart v. Integrated Design & Constr., Inc-, 167 F.3d 861,
4
871 (4th Cir.1999)
Schwartz v. United States, 976 F.2d 213, 2.17 (4th Cir.1992)
4
Eckel v. MacNeal, 628 N.E.2d 741 (lll.App.Dist.1993)
4
Girardi v. Heep, 203 F.3d 820 (4th Cir. 12/30/1999)
4
Armstrong v. Manzo, 380 U.S. 545, 552 (1965)
5
Jaffe and Asher v„ Van Brunt, S.D.N.Y, 1994,, 158 F.R.D,
5
United States v. Oregon, 366 U.S, 634, 649, 6 L„EP,2d 575, 81 S.Ct.
6
1278 (1961)
Case v. Bowles, 327 U.S. 92, 102,. 90 L.Ed, 552, 66 S.Ct. 438 (1946)
6
Oklahoma ex rel Phillips v. Guy F, Atkinson Co., 313 U.S, 508, 534,
6
85 L.Ed. 1487, 61 S.Ct, 1050 (1941)
STATUTES AND RULES
Fed.R.Civ.P. 4(j)
11
22 CFR 93.1 - 93.2
11
28 USC §1330
11
28 USC §1608
12
28 USC §1602 - 1611 (Foreign Sovereign Immunities Act)
12
15 Statutes at Large, Chp.249, §1 "Acts Concerning American
12
Citizens in a Foreign State".
Coram Non Judice
12
28 USC, Chp.176, §3002(15 A).
14
18 USC §§ 241-242
15
8 USC §1481
15
40 USC §255
16
40 USC §3112
17
OTHER
TABLE OF AUTHORITIES CITED
PAGE NUMBER
CASES
United States v. Darby, 312 U.S. 100, 124, 85 L.Ed. 609,
6
61 S.Ct. 451, 132 ARL 1430 (1941)
U.S. v. Brown, 381 U.S. 437, 448-49, 85 S.Ct. 1707, 14 L.Ed.
7
484, 492
U.S. v. Lovett, 328 U.S. 303, 315, 66 S.Ct. 1073, 1079, 90 L.Ed.
7
1252
Holzer v. Deutsche Reichsbahn Gesellschaft, Misc. 830, 290 N.Y.S.
7
181, 191.
Civil right cases, 109 U.S. 3, 3 S.Ct. 18, 27 L.Ed. 835
7
Roe v. New York (1970, SDNY) 49 FRD 279, 14 FR Serv 2d 437,
9
8 ALR Fed 670.
Frace v. Tjong Beach City high School Dist. (1943), 137 P.2d 60,58.
9
(98 U.S. 145)
10
STATUTES AND RULES
18 & 28 USC
18
18 USC §§659, 660, 842, 844, 875, 922, 1231, 1301, 1343, 1365,
1951, 1953, 1962, 1992, 2101, 2251, 2312, 2314, 2316, 2317, 2421,
2422, 2423.
44 USC §552 et seq.
18
44 USC §1505 et seq.
18
44 USC §1505(a)(l)
18
28 USC §535.
18
1 CFR 601-701(ii)
20
1 CFR 1.
20
1 USC §204(a)
20
Txtle^-18 & 28v,U5GC
21
Title 18 & 28, USC
OTHER
22
22 Corpus Juris Secundum, Crim, see 17.
18
Fed.Reg.Act 1 Seq., 44 USCA 301 et seq.
19
Fed.Reg.Act, 82 Stat. 1274
22
TABLE OF AUTHORITIES CITED
CASES
PAGE NUMBER
Maine v, Thiboutot, 448 U.S. 1
10
Mookini v. D.S c I 303 U.S. 201 (1938)
Hfc \K,$. »¥£
McNutt v. General Acceptance Corp., 298 U.S. 178 (1936).
10
I*
13
Maxfield v. Levy, 4 U.S. 330 (1797), 4 U.S. 330 (Dali.) 381,
13
1 L„Ed. 424.
Hagans v. Lavine. 415 U.S. 533.
13
Louisville Rail Road v. Motley, 211 U.S. 149, 29 S.Ct. 42.
13
Cirt Street Improvement Co. v. Pearson, 181 C.640, 185 P.962.
14
Lowe v. Alexander, 15 C.296, People v. Board pf Delegates of San
14
Francisco Fire Dept., 14 C.479.
Penhallow v. Doane's Administrators (3 U.S. 45, 1 L.Ed. 57,
14
3 Dali. 54.
Western Turf Assn, v. Greenberg,. 204 U.S. 359.
14
STATUTES AND RULES
44 USC §1505(a)
22
Fed.R Crim.P. Rule 54(2).
22
18 USC §3238.
22
18 USC §§3551,3553. thru 3559)
25
Fed.R.Crim.P. Rule 54(d)
25
18 USC §3553
26
Fed.R.Crim.P. Rule 54(c)
26
18 USC §4001(a)
26
18 USC §3553(a)(2)
27
18 USC §3553
27
18 USCS §3582(a)
27
18 USCS §3583(e)
27
18 USC §3582(a)
28
OTHER
(Lex Loci), of the "Law of the Place".
23
Orfield; Criminal Procedure from Arrest to Appeal, 243.
24
942 C.J.S. "Indictments and Informations", (1 P.883).
25
22 Corpus Secundum, "Criminal Law', 324, P.390.
25
Res Judicata
26
TABLE OF AUTHORITIES CITED
CASES
2032 U.S. 243
PAGE NUMBER
Middleton v. Low, 30 C596, citing Prosser v. Secor, 5 Barb,
14
15
(N.Y„) 607, 608.
Loos v, American Energy Savers, Inc,, 168 Ill.App.3d 558, 522
15
N.E„2d 841 (1988).
Paulsen v. Paulsen, 658 N,U.2d 49, Neb.App., 2003.
15
Maine v, Thiboutot, 100 S.Ct. 250.
15
Utah Power & Light Co., 495 F.2d 906, 910.
15
U.S. v. Benson, 495 F.2d 481 (1946),
16
Adams v. United States. 319 U.S. 312, 63 S.Ct. 1122, 87 L.Ed. 1421
16
(1943).
STATUTES AND RULES
18 USC §3582(a)
29
Fed.R.Civ.P. Rule 8(b)(1)
29
Fed.R.Civ.P. 7(a)
29
Fed.R.Civ.P. 8(b)(6)
29
Fed,R.Civ.P. 8(l)(a)(b)
29
Fed.R.Civ.P. 8(b)(2)
29
28 USC §2255
29
28 USC §2255
30
Fed.R.Civ.P. Rule 8
30
Fed.R.Civ.P. 8(a)(1)
30
Fed.R.Civ.P. 12(h)(3)
30
OTHER
Plain Error
28
(Rec.Doc.51)
29
(Rec.Doc.53)
29
(Rec.Doc.48)
29
(Rec..Doc„51)
29
TABLE OF AUTHORITIES CITED
CASES
United States v. Johnson, 337 F.2d 180 (affmd) 86 S.Ct. 749,
PAGE NUMBER
16
(383 U.S. 169) 15 L.Ed. 681 Cert Den. 87 S.Ct. 44, 134 and at 385
U.S. 846, 17 L.Ed.2d 117.
40 U.S.C. 3112
17
3 Wheat at 350-351
17
United States v. flores, 289 U,S. 137, 151 (1932).
17
United States v. Gradwell, 243 U.S. 476, 485 (1916)
17
Donnelley v. United States, 276 U.S. 505-511 (1927)
17
Jerome v. United States, 318 U.S. 101, 104 (1942)
17
Norton v. United States, 92 Fed.2d 753 (1927)
17
United States v. Grossman, 1 Fed.2d 941, 950-51 (1924).
17
Bailey v. Drexel Furniture Company, 259 U.S. 20,
18
Nigro v. United states, 276 U.S. 332 (1929)
STATUTES AND RULES
18
18 USC §§ 241-242
33
28 USC., Chp.176, §3002(15 A)
37
4 USC, Chp.l
38
18 USc, Part 1, Chp 13, §§ 241-242
38
Fed.R.App.P, 24(3) (prior approval)
39
49 Statute 3097 Treaty Series 881 (Convention on Rights of States)
39
International Organization Immunities Act
39
28 USC §1746(1)
40
26 USC §7701(a)(9) and (a)(10)
40
26 USC §7710(a)(30)
40
26 USC §7701(c)
40
26 CFR §1.1441-1(c)(3)
40
OTHER
Document #11 pgs. 69-75
31
Revocation Hearing Transcript, pg.10, lines 9-10; pg,.12, lines 1-8;
31
Stare Decisis
32
Revocation Transcript pg.13, lines 21-24
32
Revocation Transcript pg.13, lines 24-25; pg,14„ lines 1-3;
32
'*
TABLE OF AUTHORITIES CITED
PAGE NUMBER
GASES
18
Hotch v« United States, 212 F.2d 280 (9th Cir.l954)5 at P.283
19
A.L.A. Schecter Poultry Corp. v. United states, 295 U.S. 495, 550,
70 L.Ed. 1570, 55 S.Ct. 837, 97 ALR 947 (1935)
Wei v, Robinson, 246 F.2d 739 (7th Cir.1957), Cert. Den. 78 S.Ct.
19
144, 355 U.S. 879.
Wolfson v. United States, 492 F.2d 1386, 204 S.Ct. 83 (1974).
Shafer v. United States. 229 F.2d 124, Cert. Den. 76 S.Ct. 78,
19
19
351 U.S. 931.
Northern States Power Co. v. Rural Electrification Administration,
19
248 F.Supp. 616 (1965).
United States v. Mersky, 361 U.S. 431, 438 (I960).
United states v. Reinis, 794 F,2d 506 (9th Cir.1986).
United states v. Two hundred Thousand dollar, 590 F.Supp. 846
(S.D, Fla.1984).
STATUTES AND RULES
19
20
20
OTHER
Revocation Transcript pg.7, line 4;
Revocation Transcript pg.3, lines 19-25; pg.4, lines 1-22;
Revocation Transcript pg.7, lines 11-25; pg.9, lines 1-5; pg„13,
lines 8-13;
Document #11, pgs. 69-75, pg ID# 119-125;
32
33
33
33
TABLE OF AUTHORITIES CITED
CASES
PAGE NUMBER
United States v. Welden, 377 U.S. 95 (1964).
20
Stephan v. United States, 319 U.S, 423 (1943).
20
Best Foods v. United States, 147 F.Supp. 749, 37 Cust.Ct.l (1956).
20
Pearl v, Motor Vessel Bering Explore 373 F.Supp. 927 (1974).
20
United states v, Nevers, 7 F.3d 59 (5th Cir.1993).
20
United States v. Larionoff, 431 U.S. 864, at 973, 97 S.Ct. 2150,
20
at 2156, 53 L.Ed.2d, 48 at 56. Id, at 873 N.12, 97 S.Ct. at 2156, N.12.
Manhattan Gen. Equip. Co. v. C.I.R., 297 U.S. at 134
20
Neel v. United States, 266 F.Supp. at 10.
20
Western Union Teleg. Co. v. F.C.C., 541 F.2d 346, 354 (3rd Cir,1976),
20
Cert. Den. 429 U.S. 1029 (1977).
Morning v. Family p. Services Inc. 411 U.S. 356, 369 (1973)
20
United States v. Mersky, Supra.
20
STATUTES AND RULES
OTHER
Revocation Transcript pg.13, lines 13-18; pg.3,, lines 19-22;
33
Revocation Transcript pg.7, lines 5-8; pg.3, lines 19-25;
33
Revocation Transcript pg»3, lines 19-25;
33
Revocation Transcript pg.4, lines 1-25;
34
Revocation Transcript pg.3, lines 19-25; pg.4, lines 1-3;
34
TABLE OF AUTHORITIES CITED
CASES
United S :ates v. Pupo, 841 F.2d 1235,
PAGE I^IVIBER
United S :ates v. Young, 730 F,2d at 224,
21
United Spates v, Mcrary, 665 F,2d 664, 678, 679 (5th Cir„1982)«
21
United s tates v, Stirone, 361 U,S. 212, 4 L.Ed.2d 252, 80 S.Ct. at 273. 21
21
United States v. Wuco, 535 F.2d 1225 (9th Cir.1976) Cert. Den, 429
U.S. 978, 97 S.Ct, 488, 50 L,Ed.2d 586 (1976).
Hale v. Jnited States, 89 F,2d (4th Cir.)
21
United States v, Berlin. 472 F.2d 1002, 1007 (2nd cir. 1973).
2l
United States v„ Beard, 414 F.2d 1014, 1017 (3rd Cir.)
21
United States v. lopez, at 2 F»3d 1342(holding of the Fifth circuit
22
Court of] Appeals),
Norton v . Shelby Co. Supre, 118 U.S. 425, 441, 6 S.Ct. 1121 (1886).
22
In Re: K cCowan, (1917) 177 C.93, 170 P.1100.
22
STATUTES AND RULES
OTHER .
Revocation Transcript pgs6, lines 19-21; pg„14, lines 18-20;
34
Document 11 (docket sheet) pgs. 1-75;
34
Revocat; on Transcript pg.81, lines 7-20; pg.87, lines 1-13;
34
Revocation Transcript pg.7, lines 11-24; pg.14, lines 21-25; pg.15,
34
lines T-9;
TABLE OF AUTHORmES CSTED
CASES
Owen v. Independence, 100 S.Ct. 1398, 445 U.S. 622.
PAGE^UViBER
Arizona v. Manypenny, 451 D.S. 232, 101 S.Ct. 1657.
23
United States v. Fessler, 781 F.2d 384, 386 (1986).
23
People v. Godfrey., 17 jobns 225 at 233.
23
Gray v. Blight, 112 F.2d 696.
23
Gregory v. Ashcroft, 501 U.S. 452, 115 L,Ed.2d 410, 110 S.Ct.
23
2395 (1991).
United States v, Oregon, 366 U.S. 643, 649, 6 L.Ed.2d 575, 81 S.Ct.
23
1278 (19161).
Case v. bowles, 327 U.S. 92, 102, 90 L.Ed. 552, 66 S.Ct, 438 (1946).
Oklahoma ex rel Phillips v, Guy F. Atkinson Co * :» 313 U.S. 508, 534.
23
23
85 L.Ed. 1487f, 61 S.Ct. 1050 (1941),
United £ tates v. Darby, 312 U.S. 100, 124, 85 L.Ed. 209, 61 S.Ct.
451, 132 ARL 1430 (1941).
'
.
23
STATUTES1 ANfr RULES
OTHER .
Revocation Transcript pg.7, lines 11-25; pg.8, lines 1-21; pg„14,
34
lines 18-25; pg.15. lines 1-25; pg«16, lines 1-11;
Nunc Pro Tunc
34
Docume.nl: 11 pgs. 69-75, page ID# 119-125;
34
Revocation Transcript pg.9, lines 1-16;
34
TABLE OF AUTHORITIES CITED
CASES
United States v. Meehaniks 475 U,S. 66, 70, 106 S.Ct. 938,
PAGE I^J\/iBER
941, 89 ]..Ed.2d 50 (1989).
United States v. Hooker, 841 F.2d 1245.
24
Arizona v. Ramsey, 467 U.S. 203, 212, 81 L.Ed.,2d 164, 104 S.Ct.
24
2305 (19£4).
Oregon v , Kennedy, 456 U.S. 667, 691, 692, N.34, 72 L.Ed.2d 416,
24 f25
102 S.Ct, 2083 (1983).
United States v. Lopez, No.931260 (Decided Apr. 26th 1995).
25
Bowles 346 F,2d 285, 286 (1965).
26
Allcock v. Allcock, 437 N.E. 2nd 392 (ill.App. 3 Dist).
Ray Anthony Harris v. United States, 149 F.3d 1304; 1998 U.S. APP.
27
LEXIS 20715 ; 11 Fla. 1. Weekly Fed. C 1735, (11th Cir.1998)
United States v. Corey P. Wooley, 740 F.,3d 359; 2014 U.S. App. LEXIS
1122 (5th Cir.2014)
27
STATUTES AND RULES
OTHER
Revocation Transcript pg.9, lines 1-16; pg.13, lines 8-20;
35
Black Code Law
35
Revocation Transcript pg.14, lines 4-8;
35
Revocation Transcript pg.32, lines 11-21;
35
Revocation Transcript pg.62, lines 4-10;
35
TABLE OF AUTHOR8TIES CITED
CASES
United States v. Clyde Bennett Mills, 2012 U.S. Dist. LEXIS
56087 (5l:h Cir.2012).
United States v. Jesus Javier Garza, 706 F.,3d 655; 2013 U.S.
APP. LEXIS 2386 (5th Cir.2013).
United S ;ates v. James Linder, 782 Fed.Appx. 904; 2019 U.S. APP.
PAGE l^y vIBER
27
27
LEXIS 23226 (11th Cir.2019).
United States v. Kevin Taylor, 859 Fed.Appx. 520; 2021 U.S. APP.
27
LEXIS 18)42 (1.1 Cir.2021).
Culbertsan, 712 F.3d at 243.
Escalante-Reyes, 689 F.3d at 423.
United States v. Tatum, 512 F.Appx. 402, 402 (5th Cir.2013),
28
28
28
(applying [740 F.3d 368].
Escalante-Reyes, 689 F»3d at 419, (auoting Puckett, 556 U.S. at
135 (2009).
STATUTES AND RULES
28
OTHER .
Revocation Transcript pg.13, lines 21-24;
Document 11, pgs. 8-10, pg ID# 58-60; pg.ll, pg ID# 61; pg.14,
pg ID# (4; pgs. 15-16, pg ID# 65-66; pgs,, 24-25, pg ID# 74-75;
pgs.35-40, pg. ID# 85-90; pgs. 42-47, pg. ID# 92-97; pgs. 64-66,
pg. ID# 114-116; pgs. 68-75, pg. ID# 118-125;
35
35
TABLE OF AUTHORITIES CITED
. CASES
Escalantei-Reyes, 689 F.3d at 425 (quoting United States v.
PAGE i^y^BER
Olano, 507 U.S. 725, 736, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993)
28
[2014 U.L, APP. LEXIS 31]
28
Culbertson, 712 F.3d at 244.
28
Tapia, [740 F.3d 370] 131 S,Ct. at 2391.
28 29
United States v. Garcia-Quintanilla, 574 F.3d 295, 304 (5th Cir.2009)
29
Roy Anthony Harris v» United States, 149 F.3d 1304; 1998 U.S. APP.
30
LEXIS 20715.
United S ;ates v. Griffin, 303 U.S. 226, 229, 82 L.Ed. 764, 58 S.Ct.
30
601 (1933).
Celotax Oorp. v, Catrett, 477 U.S. 317, 322 (1986).
30
Page v. Jright, 116 F.2d 449 (7th Cir.1940), Cert, dismissed, 312
30
U.S. 710, 61 S.Ct. 831, 85 L.Ed. 1142 (1941).
30
STATUTES AND RULES
OTHER
Revocation Transcript pg.14, lines 9-17
35
Revocation Transcript pg.12, lines 18-25; pg.13, lines 1-3;
35
ex post facto law
35
Documen: 11, pg.68, pg. ID# 118;
36
Revocation Transcript pg.13, lines 24-25; pg.14, lines 1-7;
36
.11 ABLE OF AUTHORITIES CITED
CASES
Creedon v. New Hampshire, 154 F.Supp. 176 (D.N.H. 1957)
Gray v. Internal Affairs Bureau, 292 F.Supp.2d 475
(S.D.N.Y. 2003).
Loos v. American Energy Savers, Inc., 168 Ill,.App.3d 558, 522
N. E-.2d 8U (1988)
Mugler v. Kansas 1213, U.S, 623, 659-60,.
Miranda e. Arizona, 384 U.,S» 436, 125.
Miller v. Kansas, 230 F.2d 486, 489.
Kent v. Dulles, 357 U.S. 116, 125.
Thompson v. Smith, 154 SE 599.
Sherer v. Cullen, 481 F.945.
Louisville, v. Motley, 211 tf.S. 149, 29 S.Ct. 42.
Melo v. U.S. 505 F.2d 1026.
PAGE NUMBER
30
30
30
32
32
32
32
32
32
32
33
STATUTES AND RULES
OTHER .
Revocation Transcript pg.7, lines 11-24;
Documen; 11, pg.19 of 75, pg. ID# 69;
Revocation Transcript pg.7,lines 11-24, 18-25; pg.l5.,lines 1-9;
Rights >f indigenous People', Part II, Article 6
U.C.C. L-207 / 1-308; U.C.C. 1-103
36
36
36
37
39
% i
<
jable of authorities cited
CASES
McNutt v. GMAC, 298 U.S, 178.
PAGE j^U \/IBER
Wuest v. tfuest, 53 Ca2d 339, 127 P2d 934, 937.
34
Re Cavitt, 254 P.599.
34
Dillon
34
Dillon, 187 P.27.
Griffin v. Matthews, 310 F.Supp 341, 342 (1969).
35
Industrial Addition Association v. C.I.R., 323 U.S. 310, 313.
35
Middleton v. Low, 30 C596, citing Prosser v. Secor, 5 Barb, (N.Y.)
607, 608.
35
Merritt v„ Hunter, C.A. Kansas 170 F.2d 739.
35
Babcock & Wilson v. Parsons Coro • » 430 F.2d 531 (1970).
Sherer v. Cullen, 481 F.945.
35
35
Dred Scott v. Sandford, 15 L-Ed. 691, 19 How 393.
35
Matter of C.H., 210 Mont. 184, 683 P.2d 931, 938.
36
STATUTES AND RULES
OTHER .
.
Document 11, pg. 26 of 75, pg. ID# 76
39
Docket f29 entered 03/16/23 (3:19cr00391); Docket #20 entered
39
06/22/23 (3:19cr00392)
Fed.R.App.P. 24(3) (prior approval)
39
Docket 11, pg. 26 of 75, pg. ID# 76
40
*
,1
.11 ABLE OF AUTHORITIES CITED
CASES
Louisville, v. Motley, 211 D.S. 149, 29 S.Ct, 42,
PAGE NUMBER
36
Marbury v. Madison, 5 D.S. 137, 174, 176 (1803).
38
STATUTES AND RULES
r
f
OTHER .
f
l
e,
I
t
If
i,
■;
;■!
v.
l
1
*
.M
9 *
JURISDICTION ■
£j] For cases from federal courts:
The date on which the United States Court of Appeals decided my case
was APR. 29, 2024
[ ] No petition for rehearing was timely filed in my case.
jX ] A timely petition for rehearing was denied by the United States Co\ irt of
, and a coiy.of the
Appeals on. the following date: APR* 29, 2024
order denying rehearing appears at Appendix
[ ] An extension of time to file the petition for a writ of certiorari Was granted
(.elate)
(date) on
to and including_______
in Application No. :__ A
The jurisdiction of this- Court is invoked under 28 U.; S. C. §1254(1).
[ ] For cases from state courts:
The date on which the highest state court decided my case was
A.copy of that decision appears at Appendix----------[ ] A timely petition for rehearing was thereafter denied on the following date:
______________________ , and a copy of the order denying rehearing
appears at Appendix
[ ] An extension of time to file the petition for a writ of certiorari was granted
(date) in
(date) on
to and including_:__
Application Nd. __ A
The jurisdiction of this Court is invoked under 28 U. S. C. § 1257(a).
1 *
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
Article 1 of the Bill of Rights (First Bill of Rights)
Pg-l
First Article of the Bill of Rights
Pg*2
First Amendment Law
Pg-2
Article VI. Clause 2, United States Republic Constitution
Pg-2
14th Amendment
Pg*3
Fifth Article of the Bill of rights
Pg*3
Article
VI,
United States Republic
Constitution
Pg-5
Articles 9 & 10 of the Bill of Rights
PS- 5
Article IV, Section 4 of the Unites States Reppublic Constitution
Pg-6
Article IX & X of the Bill of Rights
Pg-6
14t.h Amendment
Pg-6
14th Amendment
Pg-7
13th Amendment
Pg-7
Article 1, Section 9, Clause 3. U.S. Republic Const.
P.g-7
Article 1,
Article 3- Section 2. U.S.. Republic Const,
pg-7
pg.7
the 3/5 clause
Pg - 2
14th Amendment
Pg-S
Pg-8
Article
1,
Section 10.,
Section
3.,
Clause 1.
U.S. Republic Const.
U.S. Republic Const.
Article 1, Section 9. U.S. Republic Const.
pg.8
13 th Amendment
Pg-8
pg.9
14th Amendment
13th Amendment
Article
1,
Section 9,
Clause
3
Pg-9
pg.9
Article 1, Section, Clause 1
pg.,9
Article VI, Bill of Rights
pg.9
Article Vi.,
pg.10
Bill
of
Rights
Article III, U.S. Republic Const.
pg.10
Article III, U.S. Const.
pg.ll
Eleventh Amendment
Article III, U.S. Republic Const..
Pg-li
PS-12
Article I¥, Section 4
pg.12
Article III, U.S. Republic Const.
Pg«12
Article VI
Pg»13
14th Amendment
Pg. 14
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
Article III, D.S. Republic Const.
Article II, (Article of Confederation)
Article 5,(Articles of Confederation)
Article 1, Section 8, Clause 17, U,S. Republic Constitution
Articles of Confederation
Article 1, Section 8, Clauses 1-18. D.S. Republic Constitution
P£*15
Tenth Article of the Bill of Rights
Tenth and Eleventh Amendment, U.S. Republic Const.
Tenth Article of the Bill of Rights
3 J.Storv commentaries on the Constitution of the United States
Fixth and Sixth Amendment, U.S. Republic Constitution
Article III, D.S. Republic Constitution
Article III, D.S. Republic Constitution
Fifth Amendment D.S. Republic Constitution
Sixth Amendment, U.S. Republic Constitution
14th Amendment
13th Amendment
pg.23
pg.16
pg.16
Pg-16
pg.17
pg.17
pg.23
Pg-23
pg.24
pg.24
pg.26
pg.30
Pg.34
pg.34
pg.35
pg.35
’ i
STATEMENT OF THE CASE
Affiant affirms that the sentence was imposed in violation of the United States
in that the plaintiff ] accuser never provided proof of jurisdiction (D.O.A.O.)
Delegation of Authority Order from congress to act judicially at Article III, and
that
the United
Division,
States District court, Western district of Louisiana, Monroe
is not a 'District Court of the United States’, and therefore lacked
jurisdiction to impose such sentence in absence of written proof of jurisdiction
filed into the case.
The court further erred by consenting, stipulating, and agreeing that jurisdiction
exists, when jurisdiction canuot be conferred upon the court in this manner. Again
the court erred by imposing a sentence over three times the sentencing guideline
range of S-14 months,
to give affiant time to address apparent mental health
issues, in violation of Tapia v. United States, and the sentencing reform act. The
court ana
the plaintiff conspired against the rights of affiant and deprived
affiant of rights under 'eolor-of-law* and 'color-of-authority', in that they both
agreed
that
the court had
jurisdiction of
affiant via a
state
owned
birth
certificate with a ALL CAPITAL LETTERS person, who is identified as affiant, a
'black1 person of color or race, clearly not identifying affiant, who is of flesh
and blood natural person with a pedigree / bloodline of the human race.
The plaintiff and the court erroneously called affiants Moorish Divine and National
Movement
legal
notice
/
judicial
notice;
name
declaration;
proclamation;
correction; a simple name change, when in truth it is a Nunc Fro Tunc 'political
status' "state", correction of affiants true name and nationality and allegiance
to his Moorish American estate. These acts by both the plaintiff and the court
denied affiant the right
to a came and a nationality, and cultural, political
status of choice, compelling affiant to be a U.S. citizen, ’artificial / corporate
'person', who,is civilly dead in the eyes of law, civiliter mortuus, a clear cause
of ’conflict of identity* and of nationality as well as a violation of the First
Bill
of
rights
freedom of
expression /
association or disassociation,
and a
violation of International Law, humanitarian treaties which prohibits compelled
association. Affiant was denied the right to self autonomy, self goverance, and
the right to travel, to free movement, which are all absolute rights.
The plaintiff and the court violated Article VI of the United States Republic
Constitution to uphold and support the supreme law of the land, which includes
United Nations Charters, Treaties. Affiant affirms that the plaintiff and court
claimed jurisdiction of affiant via a ex post facto law, being the 14th amendment
2#
* 4
STATEMENT OF THE CASE
person (black), which is a ex post facto slave label that was abolished with the
institution of slavery in the 13th amendment. Affiant affirms that this label in
conjunction
'persons*
with
the black code laws,
clause retroactively applied
reestablishes
to all
the
3/5th of
all other
'persons'
born under
the
14th
amendment citizenry. According to the ruling in the infamous Dred Scott v. Sandford
case,
negroes,
blacks,
coloreds,
according
to
the
United
States
Republic
Constitution, and meaning and intent of the framing founding fathers, are not, and
could
not
be
'citizens'
of
the Union States,
as
that word
is
used
la the
Constitution. Affiant affirms that these acts by the plaintiff and court proves
that the birth certificate declares negroes, blacks, coloreds, african-americans,
etc., as 'property' (subjects) via the state wherein they reside, proof being the
state seal on the certificate of live birth. These acts of 'denationalization* and
'genocide* are clear crimes against humanity.
Affiant affirms that the Unlawful warrant and arrest of this natural person is a
act of kidnapping. Affiant affirms that the court denied him of 'due process of
law', by failing to have the plaintiff / accuser bear the burden of proof that
jurisdiction exists before proceeding with the hearing. The court proceeded with
the hearing three times after jurisdiction was challenged, asking for pleas into
the case, allowing the plaintiff to call witnesses, stipulating to jurisdiction
via the birth certificate and compelled U.S. citizenry, while at the same time
acknowledging
that
the
court had
a oath bound
sworn duty
to
first address
jurisdictional issues before the court could proceed, but failed to do so each time
and continued to violate 'due process' by proceeding with the case each time the
jurisdiction issue was brought forth. Affiant affirms that the judge practiced law
from the bench,
entering pleas on affiants' behalf, acting as prosecutor,
and
being biased threatening to duct tape affiant three (3) times.The court should have
dismissed the case in absence of proof of jurisdiction over person, subject matter,
or where due process was denied.
Affiant affirms that the ability to regulate the people is unconstitutional, and
repugnant to the constitution, in that the United States is a federal Corporation,
and that codes, including United States codes, statutes, and ordinances regulate
government employees only, they cannot ever regulate the people. Affiant affirms
that the court erred
in denying his §2255 motion to vacate on frivilous grounds
that affiant did not raise as grounds for relief, and therefore failed to address
the jurisdictional claims, and failed to order the plaintiff / accuser to respond
2.
1 4
'
i
STATEMENT OF THE CASE
to the allegations in which the plaintiff /accuser bears the burden of proof. The
court denied the §2255 motion under false pretenses that affiant challenged the
statutory maximum of the sentence, when in fact the six (6) grounds for relief in
affiants §2255 raised no issue concerning a statutory maximum sentence.
Affiant challenged the very power of the court to hear, decide, and apply law
(jursidiction) which, a claim of this sortc<wu>f
be waived and can be raised at
anytime for the first time even on appeal. Nor can a jurisdictional claim of this
sort be waived, or procedurally barred / defaulted, and should have been addressed
by the plaintiff / accuser/. Affiant affirms that the plaintiff /accuser failed to
address
the
jurisdictional
claims
(allegations)
asserted against
it
in
its
reponse, and therefore under Fed.R.Civ.P. (8), admitted to the allegations against
it, when it failed to admit, plead, or otherwise defend.
Affiant affirms that all statutes fall under the United Nations and International
law, and that all public offices and officers are foreign states, entities, and
agents, and that the United States of America is a foreign jurisdiction to moors,
who are Al citizens (AA222141) with a permanent character, which comes from the
United States Codes, Title 22, Chapter 2,
Sections 141-143. It references the
highest rank of citizen. Therefore, amendment XI of the United States Republic
constitution prohibits
suits by citizens of another state, or by citizens or
subjects of any foreign state. Affiant affirms that he is immune from criminal and
civil jurisdiction by, and of, the Union States Rights Republic (U.S.A.) pursuant
to, but not limited to the United States supreme Court and the 'Acts of State'.
Affiant again affirms that the sentence imposed violated Tapia v. United States
and the sentencing reform act, by imposing or increasing a sentence to promote
rehabilitation / treatment per 18 USC §3582(a). Affiant affirms that there is no
injured party, that the United States is an entity, per
28 . iUSC-
Chapter .176,
section 3002 15A, therefore the United States cannot write a complaint, and that
for a crime to exist there has to be an injured party. Some identifiable human
being has to complain under penalty of perjury for an action to commence. Affiant
affirms
that his discovery requests were denied in the form of a 'averment of
jurisdiction*
which
jurisdiction of
all
would
have
parties
enabled
involved.
affiant
Affiant
to
determine
requested
that
the
status
and
all
parties
of
interest provide official proof of oath of office and official bonds. Affiants
discovery request went unanswered by the plaintiff and the court.Affiant further
affirms that the prosecution rests in the executive branch, but as an assistant
3.
:1
•
t
4•
STATEMENT OF THE CASE
U.S. attorney , is an officer of the court, which is the judicial branch, which is
a 'conflict of interest', seperation of powers. Affiant affirms that the Article
III judge sitting in a territorial / municipal / administrative court, becomes a
'clerk* magistrate / administrative officer of the executive branch and cannot
administer judicial power.
Affiant affirms that the court committed 'fraud' because the court failed to tell
affiant that they had no jurisdiction over living, breathing, human beings. Affiant
again affirms that the court does not determine jurisdiction, and that jurisdiction
cannot be obtained by the court by simply saying they have it. The plaintiff /
accuser must prove that the court has jurisdiction, and must provide written proof
#
of jurisdiction, and file that written proof into the case. Affiant affirms that
the plaintiff failed to prov.'<k written proof of jurisdiction, making any sentence
or finding of the court void. Affiant affirms that as a declared and proclaimed
Moor,
as
the plaintiff
clearly stated for the record,
he is protected under
International law.
Affiant affirms that the District Court approved affiant to proceed with his §2255
motion to vacate in forma pauperis, and that under the Fed.R.App.P. rule 24(3)
(prior approval), affiant should have been able to proceed on appeal to the Fifth
Circuit
Court
authorization.
certificate
of Appeals
The
for a certificate of
appellate
of appealability,
erred
court
due
to
by
appealability without further
dismissing affiants' motion for
affiant not paying the filing fee,
the
appellate court should have accepted affiants motion as perviously authorized, and
this violation of law has prejudiced, affaint with undue delay. Affiant affirms that
the plaintiff and court treated affiant without due respect and 'due process
rights under the law, and affiants substantive rights and constitutionally secured
rights and immunities have been violated, breached, and abridged under 'colorable
circumstances. Affiant affirms that the plaintiff and the court treated affiant
as a refugee, a nationless, stateless rogue, of 'suspect classification', a
that any unilateral, adhesion contracts,
constructs, alleging a violation of supervised release, are void ab initio, and
forthwith 'cured' and 'rescinded*. Affiant was denied all lawful constitutional
'protected
person'.
Affiant
affirms
safeguards established by the 'supreme law of the land* and should be released
immediately from false imprisonment imposed by unconstituional tribunals.
1
.
* *
i.
W
:
*
REASONS FOR GRANTING THE PETITION
The United States Court of Appeals Fifth Circuit, has so far departed from the
accepted
and
usual
of
course
judicial
proceedings,
certificate of appealability for want of prosecution,
filing
fee when affiant
had
by
dismissing
affiants
for failing to file the
documented prior approval in the district court
proceeding in which he is appealing. The United States Court of Appeals Fifth
Circuit
sanctioned
affiants
§2255
the clear
motion
to
/
plain error of the district court who denied
vacate
without
first
addressing
and
deciding
the
jurisdictional issues, that could not be waived or defaulted by affiant because
the plaintiff /accuser bears the burden of proof. As affiant is a declared /
prodded Aboriginal / indigenous, Sundry free moor, Natural Person, and all cases
affecting ambassadors, other public ministers and consuls, and those in which a
state shall be a party, the Supreme court has original jurisdiction, it's only
approriate for this court to exercise its supervisory power, to keep the inferior
courts bound and in check to it's fudiciary duties and oath bound obligations to
uphold and support the constitutional covenant of itS
national
implications
of
construction, which has
precedential importance. For these reasons the court
should grant affiants petition.
* *
1
CONCLUSION
The petition for a writ of certiorari should be granted.
Respectfully submitted,
M( R<jVvV5
AuliiwuA—-
Date:
July 5+K
_________ _____
2024
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.