William Michael, Kemp, Sui Juris
c/o General Delivery
Gadsden, Alabama state
non-domestic zip code exempt
In Propria Persona
All Rights Reserved Without Prejudice
DISTRICT COURT OF THE UNITED STATES
NORTHERN JUDICIAL DISTRICT OF ALABAMA
MIDDLE DIVISION
STATE OF ALABAMA [sic] ) Case No. CV97-H-0022-M
)
Plaintiff [sic] ) 16th Cir. Case #CC-95-1083-DWS
)
v ) NOTICE AND DEMAND TO RESCIND
) "EMPLOYEE'S WITHHOLDING ALLOWANCE
WILLIAM MICHAEL KEMP [sic], ) CERTIFICATE":
) United States Constitution,
Defendant [sic] ) Article III, Section 1;
) Evans v. Gore, 253 US 245 (1920);
____________________________) Miles v. Graham, 268 US 501 (1925)
Greetings to You:
Senior Judge James H. Hancock
United States District Court
for the Northern Judicial District of Alabama
c/o 1729 5th Avenue North
Birmingham, Alabama state
Formal NOTICE AND DEMAND are hereby respectfully made upon
You, a Senior Judge of the federal judiciary, by Me, William
Michael, Kemp, Sui Juris, Citizen of Alabama state, expressly not
a citizen of the United States ("federal citizen"), and defendant
in the above entitled matter (hereinafter "Defendant"), that you,
as a seated judge of the federal judiciary, claiming jurisdiction
under Article III of the Constitution for the United States of
America (hereinafter "U.S. Constitution"), by your ORDERS [sic]
issued by mistake in the above matter, have brought to My
attention the fact that you are in violation of said provision of
the U.S. Constitution, to wit:
The Judges, both of the supreme and inferior Courts, shall
hold their Offices during good Behaviour, and shall, at
stated times, receive for their Services, a Compensation,
which shall not be diminished during their Continuance in
Office.
[U.S. Constitution, Article III, Section 1]
[emphasis added]
See Article III, Section 1, and Evans v. Gore, 253 U.S. 245
(1920) (never overturned), and Miles v. Graham, 268 U.S. 501
(1925).
It is therefore My fundamental Right respectfully to demand
that you forthwith rescind your Internal Revenue Service [sic]
Form W-4, "Employee's Withholding Allowance Certificate," under
penalty of perjury, and file said recission in the official
record of the District Court of the United States [sic] in the
instant case.
If the rescission demanded is not so filed by 5:00 p.m. on
Friday, March 14, 1997, I will be entitled to proceed on the
basis of the conclusive presumption that you cannot, or will not,
invoke the fundamental immunity expressly stated for Article III
United States District Judges, and that you are forever barred
from presiding in the instant case. Silence activates estoppel,
pursuant to Carmine v. Bowen, 64 A. 932 (1906).
NOTICE OF DEADLINE
Defendant hereby demands that the above requested remedy be
granted no later than 5:00 p.m. on Friday, March 14, 1997. Time
is of the esence.
Thank you very much for your consideration.
Executed on February 17, 1997:
/s/ Mike Kemp
___________________________________________________
William Michael, Kemp, Sui Juris
Citizen of Alabama state
All Rights Reserved without Prejudice
PROOF OF SERVICE
I, William Michael, Kemp, Sui Juris, hereby certify, under
penalty of perjury, under the laws of the United States of
America, without the "United States", that I am at least eighteen
years of age, a Citizen of one of the United States of America,
and that I personally served the following document(s):
NOTICE AND DEMAND TO RESCIND
"EMPLOYEE'S WITHHOLDING ALLOWANCE
CERTIFICATE":
United States Constitution
Article III, Section 1;
Evans v. Gore, 253 U.S. 245 (1920);
Miles v. Graham, 268 U.S. 501 (1925)
by placing one true and correct copy of said document(s) in first
class U.S. Mail, with postage prepaid and properly addressed to
the following:
Clerk of Court Solicitor General
Alabama Court of Criminal Appeals Department of Justice
c/o P.O. Box 301555 10th and Constitution, N.W.
Montgomery, Alabama state Washington, D.C.
James E. Hedgspeth, Jr. Clerk of Court
Etowah County Offices District Court of the U.S.
c/o 800 Forrest Avenue c/o 1729 Fifth Avenue North
Gadsden, Alabama state Birmingham, Alabama state
Clerk of Court Attorney General
Circuit Court of Etowah County Department of Justice
c/o 800 Forrest Avenue 10th and Constitution, N.W.
Gadsden, Alabama state Washington, D.C.
Executed on February 17, 1997
/s/ Mike Kemp
_________________________________________________
William Michael, Kemp, Sui Juris
Citizen of Alabama state
(expressly not a federal citizen)
All Rights Reserved without Prejudice
# # #
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Alabama v. Kemp