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 DISTRICT OF ALABAMA MIDDLE DIVISION STATE OF ALABAMA [sic] ) Case No. _______________________ ) Plaintiff [sic] ) 16th Cir. Case #CC-95-1083-DWS ) v. ) NOTICE OF PETITION AND VERIFIED ) PETITION FOR WARRANT OF REMOVAL WILLIAM MICHAEL KEMP [sic], ) BY THREE-JUDGE PANEL: ) Defendant [sic] ) 18 U.S.C. 1964(a); ) 28 U.S.C. 1331, 1367(a), 1441, ) 1443(2), 1446, 1746(1), 2284; ) FRCP Rules 9(h), 11, 38 ) ) JURY TRIAL DEMANDED ______________________________) COMES NOW 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 action (hereinafter "Defendant"), to petition this honorable Court for a Warrant of Removal, pursuant to the authorities cited supra, of State of Alabama case number #CC-95-1083-DWS, from the Circuit Court of Etowah County, Alabama state, into this honorable Court, on the federal questions involved, to wit: Verified Petition for Warrant of Removal: Page 1 of 6 (1) Defendant was denied the effective assistance of Counsel of His choice, in violation of the Sixth Amendment, due to unlawful discrimination against the non-use of a United States Postal Service ("USPS") Zone Improvement Program ("ZIP") Code in the mailing location used on the envelope in which Defendant transmitted His Counsel's contract retainer, paid under protest with a United States Postal Money Order. Consequently, Counsel was unable to assist Defendant with timely strategic decisions, and with timely preparation of pleadings which were necessary for Defendant to obtain due process of law, until said retainer arrived at its intended destination. This unnecessary delay constituted an unlawful and prohibited discrimination against the non-use of ZIP codes on first class United States Mail, in violation of Public Law ("P.L.") 91-375, Section 403. (2) Defendant argues that said mail was non-domestic in origin, and in destination, because the term "domestic," as that term is utilized in the USPS Domestic Mail Services Mail, Section A010.1.2d (no ZIP+4 discount), means the federal zone, i.e. the territory and other property over which the United States has exclusive legislative jurisdiction, pursuant to Article 1, Section 8, Clause 17 ("1:8:17"), and Article 4, Section 3, Clause 2 ("4:3:2"), of the Constitution for the United States of America, as lawfully amended (hereinafter "U.S. Constitution"). (3) Defendant hereby protests the unqualified use of ZIP codes anywhere within the official record now before this honorable Court. USPS ZIP Code use is voluntary, except where a ZIP+4 discount is claimed. See Domestic Mail Services Manual, Section A010.1.2d, formerly Section 122.32. The USPS cannot by law discriminate against the non-use of ZIP codes, see P.L. 91- 375, Sec. 403, although it does anyway. Verified Petition for Warrant of Removal: Page 2 of 6 (4) Defendant hereby rebuts any presumption and denies any allegation that He resides in any federal area, or federal venue, by virtue of the exhibition of ZIP codes and/or two-letter federal abbreviations (e.g. "AL") in documents heretofore presented to this Court and filed in the official record of the instant case. The Union States, as agents for the People, delegated to Congress the power to establish Post Offices and post Roads, see 1:8:7, 7:1. The use of these Post Offices was never intended to subject Citizens of the several states to the municipal jurisdiction of the United States, even if Congress later decided to create the USPS as a municipal corporation and to underwrite its debts by selling bonds to international banks, and by securing those bonds with future postal revenues. (5) Defendant argues that federal and state courts are presently abusing the exhibition of ZIP Codes on filed pleadings and other documents, because said courts are secretly attempting to collect revenue for the benefit of the holders of said bonds. These holders in due course have obtained from Congress liens on future postal revenues, not unlike the liens which said holders have also obtained by purchasing United States Treasury Bonds, and similar evidences of indebtedness, with credit which said holders have created quite literally out of thin air, under color of the Federal Reserve Act. Regulations for the Federal Reserve Act have never been promulgated in the Federal Register, severely limiting the application of said Act to federal officers, employees, and contract agents. See 44 U.S.C. 1505(a). Defendant is none of these, notwithstanding any unsubstantiated allegations by Plaintiff to the contrary. Verified Petition for Warrant of Removal: Page 3 of 6 (6) Defendant hereby denies ever having elected to reside within any fictional "State within a state" created by the Buck Act, see 4 U.S.C. 104-113, Howard v. Sinking Fund of Louisville, 344 U.S. 624 (1953), Schwartz v. O'Hara TP. School Dist., 100 A.2d 621, 625 (1953). There are no regulations in the Code of Federal Regulations ("CFR") imposing these statutes, see CFR Index and Finding Aids, 1/1/93, p. 937, "Referrals to Department of Justice or GAO". Defendant has never been a federal employee and denies being subject in any way to the Public Salary Tax Act of 1939. All acts of Congress are territorial in nature and apply only within its territorial jurisdiction, see American Banana Co. v. United Fruit Co., 213 U.S. 347, 356-357 (1909); U.S. v. Spelar, 338 U.S. 217, 222 (1949); New York Central R.R. Co. v. Chisholm, 268 U.S. 29, 31-32, (1925); and Sandberg v. McDonald, 248 U.S. 185 (1918). VERIFICATION I, William Michael, Kemp, Sui Juris, hereby declare, under penalty of perjury, under the laws of the United States of America, without the "United States", and under knowledge of the law forbidding false witness before God and men, attest and affirm that I have read the foregoing and know the contents thereof, and that the same is true of My own knowledge, except those matters herein alleged on information and belief, and as to those matters, I believe them to be true, so help Me God, pursuant to 28 U.S.C. 1746(1). Verified Petition for Warrant of Removal: Page 4 of 6 REMEDY REQUESTED Wherefore, Defendant hereby petitions this honorable District Court of the United States for a three-judge panel to issue a Warrant of Removal to the Circuit Court of Etowah County, Alabama state, to remove case number #CC-95-1083-DWS from said state court into this District Court of the United States, with all deliberate speed. Dated: [mm/dd/yy] Respectfully submitted, /s/ Mike Kemp William Michael, Kemp, Sui Juris Citizen of Alabama state (expressly not a federal citizen) Verified Petition for Warrant of Removal: Page 5 of 6 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 OF PETITION AND VERIFIED PETITION FOR WARRANT OF REMOVAL BY 3-JUDGE PANEL: 18 U.S.C. 1964(a), 28 U.S.C. 1331, 1367(a), 1441, 1443(2), 1446, 1746(1), 2284; FRCP Rules 9(h), 11, 38 by placing one true and correct copy of said document(s) in first class United States mail, with postage prepaid and properly addressed to the following: James E. Hedgspeth, Jr. Clerk of Court Etowah County Offices District Court of the U.S. [sic] c/o 800 Forrest Avenue c/o 1729 Fifth Avenue North Gadsden, Alabama state Birmingham, Alabama state Clerk of Court Clerk of Court Circuit Court of Etowah County Alabama Court of Criminal Appeals c/o 800 Forrest Avenue c/o P.O. Box 301555 Gadsden, Alabama state Montgomery, Alabama state Attorney General Solicitor General Department of Justice Department of Justice 10th and Constitution, N.W. 10th and Constitution, N.W. Washington, D.C. Washington, D.C. Executed on [mm/dd/yy] /s/ Mike Kemp William Michael, Kemp, Sui Juris Citizen of Alabama state (expressly not a federal citizen) All Rights Reserved without Prejudice Verified Petition for Warrant of Removal: Page 6 of 6 # # #
Return to Table of Contents for
Alabama v. Kemp