Precipae2recorder-clerk
Print your name here: APPELLANT / PETITIONER Accused and Aggrieved Party Against Filing Clerk Print Clerk’s Name here _______________________ CASE NO...
The Clerk of the court is hereby charged with Dereliction of duty.
The deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
TITLE 18 > PART I > CHAPTER 101 > § 2071.
Concealment, removal, or mutilation generally
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away ANY RECORD, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and SHALL FORFEIT HIS OFFICE and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
Due Process of Law violation, obstruction of justice, fraud upon the court and wanton dereliction of duty.
Federal Rules of Civil Procedure Rule 8. General Rules of Pleading
e) Pleading to be Concise and Direct; Consistency Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.
TITLE 28 > PART III > CHAPTER 41 > § 607. Practice of law prohibited
An officer or employee of the Administrative Office shall not engage directly or indirectly in the practice of law in any court of the United States.
Federal Rules of Civil Procedure Rule 25. Filing and Service
(4) Clerk’s Refusal of Documents. The clerk must not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or by any local rule or practice.
Federal Rules of Civil Procedure Rule 5.1. Constitutional Challenge to a Statute - Notice, Certification, and Intervention
(a) Notice by a Party.
A party that files a pleading, written motion, or other paper drawing into question the constitutionality of a federal or state statute must promptly:
(1) file a notice of constitutional question stating the question and identifying the paper that raises it, if:
(A) a federal statute is questioned and the parties do not include the United States, one of its agencies, or one of its officers or employees in an official capacity; or
(B) a state statute is questioned and the parties do not include the state, one of its agencies, or one of its officers or employees in an official capacity; and
(2) serve the notice and paper on the Attorney General of the United States if a federal statute is questioned — or on the state attorney general if a state statute is questioned — either by certified or registered mail or by sending it to an electronic address designated by the attorney general for this purpose.
(b) Certification by the Court.
The court must, under 28 U.S.C. § 2403, certify to the appropriate attorney general that a statute has been questioned.
(c) Intervention; Final Decision on the Merits.
Unless the court sets a later time, the attorney general may intervene within 60 days after the notice is filed or after the court certifies the challenge, whichever is earlier. Before the time to intervene expires, the court may reject the constitutional challenge, but may not enter a final judgment holding the statute unconstitutional.
(d) No Forfeiture.
A party’s failure to file and serve the notice, or the court’s failure to certify, does not forfeit a constitutional claim or defense that is otherwise timely asserted.
SUPREMACY CLAUSE - "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding."
The Constitution of the United States:
Article. I. Section. 3. 7. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Federal Rules of Civil Procedure Rule 25. Filing and Service
(a) Filing.
(1) Filing with the Clerk. A paper required or permitted to be filed in a court of appeals must be filed with the clerk.
(2) Filing: Method and Timeliness.
(A) In general. Filing may be accomplished by mail addressed to the clerk, but filing is not timely unless the clerk receives the papers within the time fixed for filing.
(B) A brief or appendix. A brief or appendix is timely filed, however, if on or before the last day for filing, it is:
(i) mailed to the clerk by First-Class Mail, or other class of mail that is at least as expeditious, postage prepaid; or
(ii) dispatched to a third-party commercial carrier for delivery to the clerk within 3 calendar days.
(C) Inmate filing. A paper filed by an inmate confined in an institution is timely if deposited in the institution’s internal mailing system on or before the last day for filing. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid.
(D) Electronic filing. A court of appeals may by local rule permit papers to be filed, signed, or verified by electronic means that are consistent with technical standards, if any, that the Judicial Conference of the United States establishes. A paper filed by electronic means in compliance with a local rule constitutes a written paper for the purpose of applying these rules.
(3) Filing a Motion with a Judge. If a motion requests relief that may be granted by a single judge, the judge may permit the motion to be filed with the judge; the judge must note the filing date on the motion and give it to the clerk.
(4) Clerk’s Refusal of Documents. The clerk must not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or by any local rule or practice.
(b) Service of All Papers Required. Unless a rule requires service by the clerk, a party must, at or before the time of filing a paper, serve a copy on the other parties to the appeal or review. Service on a party represented by counsel must be made on the party’s counsel.
(c) Manner of Service.
(1) Service may be any of the following:
(A) personal, including delivery to a responsible person at the office of counsel;
(B) by mail;
(C) by third-party commercial carrier for delivery within 3 calendar days; or
(D) by electronic means, if the party being served consents in writing.
(2) If authorized by local rule, a party may use the court’s transmission equipment to make electronic service under Rule 25(c)(1)(D).
(3) When reasonable considering such factors as the immediacy of the relief sought, distance, and cost, service on a party must be by a manner at least as expeditious as the manner used to file the paper with the court.
(4) Service by mail or by commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means is complete on transmission, unless the party making service is notified that the paper was not received by the party served.
(d) Proof of Service.
(1) A paper presented for filing must contain either of the following:
(A) an acknowledgment of service by the person served; or
(B) proof of service consisting of a statement by the person who made service certifying:
(i) the date and manner of service;
(ii) the names of the persons served; and
(iii) their mail or electronic addresses, facsimile numbers, or the addresses of the places of delivery, as appropriate for the manner of service.
(2) When a brief or appendix is filed by mailing or dispatch in accordance with Rule 25(a)(2)(B), the proof of service must also state the date and manner by which the document was mailed or dispatched to the clerk.
(3) Proof of service may appear on or be affixed to the papers filed.
(e) Number of Copies. When these rules require the filing or furnishing of a number of copies, a court may require a different number by local rule or by order in a particular case.
U.S. Vs. Murphy, 768 F.2d 1518, 1531 (7th. Cir. 1985), 31 Judges were removed from the bench after a Federal Court Ordered an investigation, it was confirmed aiding & abetting from the inferior Courts to the Federal Court, violations at every level with no one reporting the crimes! The United States Supreme Court Acknowledged the judicial corruption, when it stated that there where many dishonest judges exposed & convicted through "Operation Greylord", a labyrinthine federal Investigation of judicial corruption in Chicago, "Bracey Vs. Gramley, case No. 96-6133 (June 9, 1997) If a judge orders that my paper work not be filed he has committed an act of warring against his oath of office and the Nuremberg defense does not defend the clerk from prosecution.
The United States Supreme Court has stated that "No State legislator or executive or judicial officer can war against the Constitution without violating his Undertaking to support it". http://usinfo.state.gov/usa/infousa/facts/democrac/37.htm
Cooper Vs. Aaron. 358 U.S. 1 78 S.Ct. 1401 (1958). If a judge does not fully Comply with the Constitution, then his orders are void, in re Sawyer, 124 U.S. 200 (1888), he/she is Without jurisdiction, & he/she has engaged in an act or acts TREASON.
Any denial of my rights by your office is a denial of my counsel to access the courts to be heard at law: “"...his right to be heard through his own counsel is unqualified." Chandler v. Fretag, 348 U.S. 3.
II
Federal Rules of Civil Procedure III. PLEADINGS AND MOTIONS > Rule 11
Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions
(a) Signature.
Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of attorney or party.
(b) Representations to Court.
By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,--
(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.
(c) Sanctions.
If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.
(1) How Initiated.
(A) By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.
(B) On Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) with respect thereto.
(2) Nature of Sanction; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation.
(A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).
(B) Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.
(3) Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed.
(d) Inapplicability to Discovery.
Subdivisions (a) through (c) of this rule do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Rules 26 through 37.
User Field SEQ CHAPTER \h \r 1 = The Declaration of Independence IN CONGRESS, July 4, 1776. The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
User Field SEQ CHAPTER \h \r 1 = Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Impeachment is the ONLY crime that maybe charged without a Trial by JURY!
The trial of all crimes, except in cases of impeachment
TITLE 18 > PART I > CHAPTER 93 > § 1918 Disloyalty and asserting the right to strike against the Government
Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—
(1) advocates the overthrow of our constitutional form of government;
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or
(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia;
shall be fined under this title or imprisoned not more than one year and a day, or both.
the Federal Rules of court state you have 15 days to respond, and effective failure to respond will result in a default, against the clerk for dereliction of duty.
3. In the Sum of 15,000,000. Per defendant: Violations of Constitution, of which the clerk shall be liable and any person who aids and abets the clerk in dereliction of duty.
4. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows
5. TITLE 42 > CHAPTER 21 > SUBCHAPTER I > Sec. 1988.
6. Clerk's filing fees. . . . . . . . . . . . . . . . . . .. Waived
7. Process server's fees. . . . . . . . . . . . . . . . . Waived
8. Other (specify): . . . . . . . . . . . . . . . . . . . . 15,000,000.00 per color of law violation
( Estate of Macias v. Lopez, 42 F. Supp.2d 957, 962 (N.D. Cal. 1999).
Per Defendant, Violation of Constitutional rights by custom & policy.
TOTAL _______defendants time violations is the sum of _____________________
Payable in gold or silver per
Section. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Manqué and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
VII. JUDGMENT > Rule 55
the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States.
Federal Rules of Civil Procedure
III. PLEADINGS AND MOTIONS > Rule 8.
Rule 8. General Rules of Pleading
e) Pleading to be Concise and Direct; Consistency Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.
(f) Construction of Pleadings; All pleadings shall be so construed as to do substantial justice.
SIGNATURE PAGE
My name is Anabel Cabebe
My title is Private Attorney General. The State shall be considered to have denied the equal protection of the laws secured by the Constitution.
No Attainders, No Emoluments, and Notwithstanding.
I do not give bribes to court clerks and I will have to have anyone who asks for a bribe arrested for soliciting a bribe.
I certify under penalty of perjury that the foregoing is true and correct. (28 U.S.C. § 1746)
Name: ________________________________________ Date: _____________________
Two hand written copies.
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