Floyd Raymond, Looker, Sui Juris c/o General Delivery Nettie [zip code exempt] WEST VIRGINIA In Propria Persona All Rights Reserved Without Prejudice DISTRICT COURT OF THE UNITED STATES NORTHERN JUDICIAL DISTRICT OF WEST VIRGINIA Floyd Raymond, Looker, ) Docket Nos. 5:96-CR-40 ) 1:96-CR-41 Plaintiff, ) 1:96-CR-42 ) 1:96-CR-43 v. ) ) NOTICE OF PETITION AND VERIFIED United States, ) PETITION FOR WARRANT OF REMOVAL and Does 1-99, ) BY THREE-JUDGE PANEL: ) 18 U.S.C. 1964(a); Respondents. ) 28 U.S.C. 292(b), 1331, 1332, ) 1333(1), 1359, 1367(a), 1441(b), ) 1441(c), 1446, 1451(2), 1631, ) 2284; 5 U.S.C. 552(a)(4)(B); ) FRCP Rules 9(h), 11, 38; ______________________________) JURY TRIAL DEMANDED COMES NOW Floyd Raymond, Looker, Sui Juris, Citizen of West Virginia state and Plaintiff in the above entitled matter (hereinafter "Plaintiff"), to petition this honorable Court for a Warrant of Removal by a three-judge panel, pursuant to the authorities cites supra, of the several cases enumerated above (hereinafter "Criminal Cases") from the United States District Court [sic] (hereinafter "USDC"), Northern District of West Virginia, to the District Court of the United States [sic] (hereinafter "DCUS"), Northern Judicial District of West Virginia, on the several federal questions involved, to wit: Notice and Verified Petition for Warrant of Removal: Page 1 of 8 (1) The federal Jury Selection and Service Act, 28 U.S.C. 1861 thru 1865, presently lacks any policy for grand jury or petit jury selection or service within the USDC, whereas said Act does exhibit a policy for jury selection and service within the DCUS; see 28 U.S.C. 1861 in pari materia with 1 U.S.C. 1 et seq. (2) Plaintiff has authorized His chosen Counsel of record to submit proper Freedom of Information Act ("FOIA") requests for the official credentials of the alleged federal officers, employees, and agents who have touched the Criminal Cases in any way, and for other certified documentary evidence necessary to prove, as a matter of record, the existence, or absence, of lawful federal authority to proceed with the Criminal Cases in the first instance; (3) Plaintiff complains of systematic deprivation of fundamental Rights guaranteed by the Constitution for the United States of America, as lawfully amended (hereinafter "U.S. Constitution"), and the Constitution of the State of West Virginia, as lawfully amended (hereinafter "State Constitution"), which deprivations are criminal violations of 18 U.S.C. 242, and possibly also 18 U.S.C. 241; (4) Other federal questions have arisen since the Criminal Cases first began, which questions include, but are not limited to, the several related federal cases whose litigants are now desirous of either joining, removing to, and/or formally intervening in, the instant case because of a demonstrable failure by the United States (federal government) to establish, as a matter of official Court record, that the USDC has any criminal jurisdiction whatsoever, either over the subject matter or over the Person of the Plaintiff, a Citizen of West Virginia state who is expressly not also a federal citizen; confer at "Federal citizenship" in Black's Law Dictionary, Sixth Edition. Notice and Verified Petition for Warrant of Removal: Page 2 of 8 (5) Plaintiff has satisfied all procedural prerequisites to bring a proper challenge to the constitutionality of the federal Jury Selection and Service Act, by means of a proper Plea in Abatement, on grounds of prohibited class discrimination against Citizens of West Virginia state who are not also citizens of the United States (hereinafter "federal citizens"); but Plaintiff was denied a fundamental Right to due process of law when the Magistrate Judge in the Criminal Cases pled past Plaintiff's proper Motion to Stay Proceedings, pending final resolution of said challenge, by entry sua sponte of a Plea of "Not Guilty", thereby violating 28 U.S.C. 454, the federal statute which prohibits the practice of law by federal judges and magistrates, and denying to Plaintiff proper adjudication of the matter at hand. See Plaintiff's PLEA IN ABATEMENT already filed. (6) Plaintiff was deprived of a fundamental Right to effective assistance of Counsel, in violation of the Sixth Amendment to the U.S. Constitution, when the USDC failed to guarantee effective assistance of Counsel at every step in the proceedings, causing the USDC to oust itself of any jurisdiction it might otherwise have had, pursuant to the holding of the Supreme Court of the United States in the case of Johnson v. Zerbst, 304 U.S. 458, 468 (1938). (7) Plaintiff was likewise deprived of a fundamental Right to petition government (the courts) for redress of grievances, pursuant to the Petition Clause, when the attorney appointed by the USDC to "represent" [sic] Plaintiff refused to deliver or Notice and Verified Petition for Warrant of Removal: Page 3 of 8 otherwise assist in the delivery, signing, and filing of Plaintiff's proper Plea in Abatement and Verified Statement, signed and dated in support of said Plea, under penalty of perjury, both of which pleadings were later filed by Plaintiff, in open court at the scheduled arraignment in the Criminal Cases. The Supreme Court has ruled that the Petition Clause is the Right conservative of all other Rights, rendering this deprivation one with the most serious and far-reaching consequences of all. See Chambers v. Baltimore & Ohio R.R., 207 U.S. 142, 148 (1907). JURISDICTION This District Court of the United States has original jurisdiction of this action, pursuant to authorities cited in the above caption, to wit: 18 U.S.C. 1964(a), 28 U.S.C. 292(b), 1331, 1332, 1333(1), 1359, 1367(a), 1441(b) and (c), 1446, 1451(2), 1631 and 2284. Pursuant to the definition at 28 U.S.C. 1451(2), the USDC from which the criminal action is being removed is a "State" court as defined therein, because said court is a legislative tribunal domiciled in the District of Columbia. See Balzac v. Porto Rico [sic], 42 S.Ct. 343, 258 U.S. 298 at 312, 66 L.Ed 627 (1921); and compare 18 U.S.C. 1964(a) ("district courts of the United States") with 1964(c) ("United States district court"). In contrast, the DCUS is an Article III court with general authority to hear all questions arising under the Constitution, Laws, and Treaties of the United States, including but not limited to the First Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Eighth Amendment, Ninth Amendment, Tenth Amendment, Thirteenth Amendment, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights. See Supremacy Clause. Notice and Verified Petition for Warrant of Removal: Page 4 of 8 INCORPORATION OF PRIOR PLEADINGS Plaintiff hereby incorporates by reference all pleadings heretofore filed or otherwise lodged in the Criminal Cases, specifically including but not limited to all pleadings previously filed by Plaintiff in said cases, and also by alleged officers, employees, and/or agents of the Department of Justice, who are alleged agents of the United States who have claimed, but failed to demonstrate, any powers of attorney to represent the UNITED STATES OF AMERICA as Plaintiffs with lawful standing in the Criminal Cases which were allegedly brought before the USDC for criminal prosecution. NOTICE OF RELATED CASES Plaintiff also wishes respectfully to demand mandatory judicial notice, pursuant to Rule 201(d) of the Federal Rules of Evidence, and pursuant to the Full Faith and Credit Clause, of two related cases, to wit: (1) People of the United States of America ex relatione Paul Andrew Mitchell v. United States et al., DCUS Montana, Billings Division, Case Number #CV-96-163-BLG; see attached copy of NOTICE OF REFUSAL FOR CAUSE [cites omitted] which is incorporated by reference as if set forth fully herein; (2) In re: Paul Andrew Mitchell Freedom of Information Act Request, USDC Montana, Helena Division, Case Number #MCV-96-50-H- CCL; see attached copy of NOTICE OF REFUSAL FOR CAUSE [cites omitted] which is also incorporated by reference as if set forth fully herein. Notice and Verified Petition for Warrant of Removal: Page 5 of 8 RESERVATION OF RIGHTS DUE TO FRAUD Plaintiff hereby explicitly reserves His fundamental Right to amend this and all subsequent pleadings, should future events and/or discoveries prove that Plaintiff has failed adequately to comprehend the full extent of the damage(s) which He has sustained at the hands of the Respondents, both named and unnamed, now and at all times in the future. Plaintiff hereby also explicitly reserves His fundamental Right to enjoy a panel of three (3) competent and qualified federal judges whose compensations are not being diminished by federal income taxes, pursuant to Article III, Section 1 ("3:1"), in the U.S. Constitution, and Evans v. Gore, 253 U.S. 245 (1920) (never overturned). Plaintiff hereby specifically complains that Congress knew, or should have known, that the federal court of original jurisdiction to enforce the FOIA is the District Court of the United States ("DCUS"), not the United States District Court ("USDC"), when Congress published A CITIZEN'S GUIDE ON USING THE FREEDOM OF INFORMATION ACT AND THE PRIVACY ACT OF 1974 TO REQUEST GOVERNMENT RECORDS, First Report by the House Committee on Government Operations, Subcommittee on Information, Justice, Transportation, and Agriculture, 1993 Edition, House Report 103- 104, 103rd Congress, 1st Session, Union Calendar No. 53. Said CITIZEN'S GUIDE incorrectly cited the United States District Court ("USDC") as the federal court of original jurisdiction for judicial enforcement of FOIA requests. See 5 U.S.C. 552(a)(4)(B). There is no statute of limitations on fraud, whether actual or constructive. Notice and Verified Petition for Warrant of Removal: Page 6 of 8 REMEDY REQUESTED Wherefore, Plaintiff hereby petitions this honorable District Court of the United States for a three-judge panel to issue a Warrant of Removal to the United States District Court, Northern District of West Virginia, to remove the Criminal Cases from said court into this District Court of the United States, Northern Judicial District of West Virginia, with all deliberate speed. VERIFICATION We, the Undersigned, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the above statements of fact are true and correct, to the best of Our current information, knowledge, and belief, so Us God, pursuant to 28 U.S.C. 1746(1). Executed on ____________________________________ /s/ Ray Looker Floyd Raymond, Looker, Sui Juris Citizen of West Virginia state Executed on December 23, 1996 /s/ Paul Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Counsel to Plaintiff Notice and Verified Petition for Warrant of Removal: Page 7 of 8 PROOF OF SERVICE I, Paul Andrew, Mitchell, 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 18 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 THREE-JUDGE PANEL: 18 U.S.C. 1964(a); 28 U.S.C. 292(b), 1331, 1332, 1333(1), 1334, 1359, 1367(a), 1441(b), 1441(c), 1446, 1746(1), 2284; 5 U.S.C. 552(a)(4)(B); FRCP Rules 9(h), 11, 38; JURY TRIAL DEMANDED 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: United States Attorney Clerk of Court Federal Building United States District Court c/o P.O. Box 591 c/o P.O. Box 471 Wheeling [zip code exempt] Wheeling [zip code exempt] WEST VIRGINIA WEST VIRGINIA Attorney General Solicitor General Department of Justice Department of Justice 10th and Constitution, N.W. 10th and Constitution, N.W. Washington [zip code exempt] Washington [zip code exempt] DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA Chief Judge William H. Rehnquist, C.J. 4th Circuit Court of Appeals Supreme Court of the U.S. 10th & Main Streets 1 First Street, N.E. Richmond [zip code exempt] Washington [zip code exempt] COMMONWEALTH OF VIRGINIA DISTRICT OF COLUMBIA Executed on December 23, 1996 /s/ Paul Mitchell __________________________________________ Paul Andrew Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Counsel to Plaintiff Notice and Verified Petition for Warrant of Removal: Page 8 of 8 # # #
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U.S.A. v. Looker