Everett C. Gilbertson, Sui Juris
c/o General Delivery
Battle Lake [zip code exempt]
MINNESOTA STATE
In Propria Persona
All Rights Reserved
without prejudice
DISTRICT COURT OF THE UNITED STATES
JUDICIAL DISTRICT OF MINNESOTA
FOURTH DIVISION
Everett C. Gilbertson, ) Docket Number: CR-4-96-65
)
Plaintiff, ) COMPLAINT FOR DECLARATORY
) AND INJUNCTIVE RELIEF:
v. ) 5 U.S.C. 552(a)(4)(B);
) 28 U.S.C. 455, 1361, 1746(1);
United States, ) First Amendment,
James M. Rosenbaum, ) petition clause;
and Does 2-99 ) Fifth Amendment,
Respondents. ) due process clause;
______________________________) DEMAND FOR IMMEDIATE RECUSAL
COMES NOW Everett C. Gilbertson, Sui Juris, Citizen of Minnesota
state, expressly not a citizen of the United States, and
Plaintiff in the above entitled matter (hereinafter "Plaintiff"),
to petition this honorable District Court of the United States
(hereinafter "DCUS") for certain declaratory and injunctive
relief, specifically to order Respondents to produce certain
documents for inspection, certification, and copying; and to
provide Notice of same to all interested party(s).
1. This is an action which arises under a law of the
United States, the Freedom of Information Act (hereinafter
"FOIA"), and all lawful regulations which have been promulgated
thereunder. See Supremacy Clause; 5 U.S.C. 552 et seq.;
Universal Declaration of Human Rights; and International
Covenant on Civil and Political Rights.
Complaint for Declaratory and Injunctive Relief:
Page 1 of 5
2. This DCUS has original jurisdiction over this action,
pursuant to 5 U.S.C. 552(a)(4)(B); 28 U.S.C. 1361 (Action to
compel an officer of the United States to perform his duty);
First Amendment petition clause and Fifth Amendment due process
clause in the Constitution for the United States of America, as
lawfully amended (hereinafter "U.S. Constitution").
3. Plaintiff is a Citizen of Minnesota state, who is
expressly not a citizen of the United States (hereinafter
"federal citizen"). See Gardina v. Board of Registrars, 160 Ala.
155, 48 S. 788, 791 (1909).
4. Respondents presently embrace the United States
(federal government), domiciled in the District of Columbia and
acting in its municipal capacity under Article IV of the U.S.
Constitution, and an alleged employee of the judicial branch of
the United States, who now claims to be the presiding judge in
criminal action against Plaintiff in the United States District
Court (hereinafter "USDC"), District of Minnesota, Fourth
Division (hereinafter "Criminal Case").
5. Plaintiff requested access to certain document(s) by
submission of a proper and timely FOIA request for the requisite
credentials of Respondent James M. Rosenbaum, which FOIA request
has already been filed in the instant case, and is now identified
as Plaintiff's Exhibit "A" in the instant action.
6. Respondents have failed to produce the document(s)
requested within the time limits prescribed by the FOIA,
specifically 5 U.S.C. 552(a)(6)(1), in whole or in part.
Complaint for Declaratory and Injunctive Relief:
Page 2 of 5
7. Plaintiff has now exhausted his administrative remedies
and is entitled, pursuant to law, to inspect and copy the
requested documents, and/or to receive certified copies of the
requested documents via first class United States Mail, so as to
render said documents admissible in the instant case.
8. Plaintiff is entitled by law to receive all applicable
legal fees and costs, and also sanctions against Respondents.
9. Plaintiff hereby demands the immediate recusal of
Respondent James M. Rosenbaum from the Criminal Case, due to
adverse and pecuniary interests, pursuant to 28 U.S.C. 455:
Disqualification of justice, judge, or magistrate.
REMEDY REQUESTED
Wherefore, all premises having been considered, Plaintiff
respectfully requests that this honorable DCUS:
(1) order Respondents to produce the requested document(s)
to Plaintiff for copying and inspection;
(2) enjoin Respondents from improperly withholding the
requested document(s);
(3) award Plaintiff His costs and disbursements in this
action, as provided by 5 U.S.C. 552(a)(4)(E);
(4) provide for expedition of the proceedings on this
complaint, as provided by 5 U.S.C. 552(a)(4)(C) and (D);
(5) order the immediate recusal of James M. Rosenbaum from
the Criminal Case cited supra, in the event that Mr. Rosenbaum
has not voluntarily done so; and,
(6) grant such other and further relief as this Court may
deem just and proper.
Complaint for Declaratory and Injunctive Relief:
Page 3 of 5
VERIFICATION
I, Everett C. Gilbertson, Sui Juris, 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 My current
information, knowledge, and belief, so help Me God, pursuant to
28 U.S.C. 1746(1).
Dated: ______________________________
Respectfully submitted,
/s/ Everett C. Gilbertson
_____________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Complaint for Declaratory and Injunctive Relief:
Page 4 of 5
PROOF OF SERVICE
I, Everett C. Gilbertson, 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):
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF:
5 U.S.C. 552(a)(4)(B);
28 U.S.C. 455, 1361, 1746(1);
First Amendment petition clause;
Fifth Amendment due process clause;
DEMAND FOR IMMEDIATE RECUSAL
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:
Attorney General James M. Rosenbaum
Department of Justice United States District Court
10th & Constitution, N.W. 110 South Fourth Street
Washington [zip code exempt] Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA MINNESOTA STATE
Solicitor General Henry Shea
Department of Justice United States Attorneys
10th & Constitution, N.W. 110 South Fourth Street
Washington [zip code exempt] Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA MINNESOTA STATE
Dated: __________________________________
/s/ Everett C. Gilbertson
__________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Complaint for Declaratory and Injunctive Relief:
Page 5 of 5
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U.S.A. v. Gilbertson, 8th Circuit