SUPREME COURT OF THE STATE
OF LOUISIANA
*****************
No. 2007 – KH -
0131
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STATE OF LOUISIANA
VS
MICHAEL E. DI ROSA
OBJECTION TO THE RULING
ENTITLED
“APPLICATION FOR
WRITS NO. '07-KH-154
COURT OF APPEAL, FIFTH
CIRCUIT STATE OF LOUISIANA.”
AND
MOTION FOR WRIT OF
MANDAMUS
AND
MOTION FOR SUMMARY
JUDGEMENT
****************************
A STAY ORDER IS
NECESSARY IN THIS MATTER
RESTRIANING THE STATE OF
LOUISIANA
****************************
Comes now into
Court Michael E. DiRosa, a Citizen of the State of Louisiana, for the
purpose of objecting to the ruling entitled “Application For
Writs No. '07-KH-154 COURT OF APPEAL, FIFTH CIRCUIT STATE OF
LOUISIANA.” Ruled and sent by the Court of Appeal, Fifth
Circuit on the 12th day of March, 2007 and received by me
on the 13th day of March, 2007 in the late evening.
(attached)
I do object for the
following reasons .
I must
respectfully ask, as the belligerent claimant in person. What Stay?
What Writ? What application? Who are you? And by what authority do
you assume jurisdiction over this Citizen of the State of Louisiana?
US Code Title 28 §
1251 does state.
§ 1251. Original jurisdiction
(a) The Supreme Court shall have original and exclusive jurisdiction
of all controversies between two or more States.
(b) The Supreme Court shall have original but not exclusive
jurisdiction of:
(1) All actions or proceedings to which ambassadors, other public
ministers, consuls, or vice consuls of foreign states are parties;
(2) All controversies between the United States and a State;
All actions or proceedings by a State against the citizens of
another State or against aliens.
Michael E. DiRosa
is a Citizen of the State of Louisiana (an uncontested fact) and not
the Citizen of another State, nor is he an alien in the State. If I
am, at all, an alien it is as a non resident alien in the territories
of the United States. Hence, the State has no standing in Federal
Court. If the Court of Appeal, Fifth Circuit does believe that this
is in error, I do DEMAND to know in which category I fall according
to US Code Title 28 § 1251. Or if some other claim of
jurisdiction does exist, I DEMAND to know what it is.
I have maintained,
since my March, 2004 appearance, that I am a Citizen of the State of
Louisiana. I have continuously demanded that if anyone knew of any
reason to believe that I am not a Citizen of the State of Louisiana
that such contention be brought forth so that I may challenge it as
the fraud that it is. To date the facts have remained unchallenged.
It is an uncontested fact that I am a Citizen of the State of
Louisiana.
Has there been some
session of land, agreement or compact by the State of Louisiana,
with or without the Consent of Congress, with or to the federal
government, another State or foreign power that would render a bona
fide residence in the State of Louisiana impossible? If that be the
case than I do declare that I maintain a bona fide residence in the
name of the State of Louisiana. Could that be the only territory
that the State of Louisiana has left? Surely that can not be. That
would mean that there had been some rule making and legislation that
would have stripped me of not only my unalienable rights, and my
rights as a State Citizen, but even my right to be a State Citizen.
What fiction of law could maintain such a claim? However, if some
such claim could be brought against me I do DEMAND that I be informed
of it or be estopped from bringing such claim against my good faith.
In fact, I do
DEMAND that if any culpatory or exculpatory informations exist that
would help or harm this Citizen of the State of Louisiana, or his
claims, were he to know of it, be brought forth by the State of
Louisiana, The Supreme Court of the State of Louisiana, or the Court
of appeal, Fifth Circuit (as friend of the court).
“But the record, when it comes before the appellate court,
must show affirmatively that the inferior court had authority under
the Constitution to hear and determine the case. And if the plaintiff
claims a right to sue in a Circuit Court of the United States under
that provision of the Constitution which gives jurisdiction in
controversies between citizens of different States, he must
distinctly aver in his pleading that they are citizens of different
States, and he cannot maintain his suit without showing that fact in
the pleadings.” Scott v. Sanford 60 U.S. 393 TANEY, C.J.,
Opinion of the Court
Where, in the
record, does it show “affirmatively that the inferior court had
authority under the Constitution to hear and determine the case?”
Scott v. Sanford (Supra)
Where, in the
record, does it show “if the plaintiff claims a right to sue in
a Circuit Court of the United States under that provision of the
Constitution which gives jurisdiction in controversies between
citizens of different States, he must distinctly aver in his pleading
that they are citizens of different States, and he cannot maintain
his suit without showing that fact in the pleadings.” Scott v.
Sanford (Supra)
For that matter,
where is the plaintiff and aforesaid pleadings? I can find no such
averment by the State in any documents I hold, or have seen. But, I
am not surprised, I can't even get the judge to tell me what
jurisdiction I am in. Doesn't he know? Or is he ashamed to say?
The Fifth Circuit
Court of Appeal and the First Parish Court, Parish of Jefferson can
not settle the core issue of this unpleasantness. Does the State of
Louisiana have a cause of action that can be brought before ANY
court. I have claimed that the State of Louisiana, Plaintiff, does
not possess any property rights in my vehicle. If the State of
Louisiana does not possess any property rights in my vehicle, then
what are they doing in Federal Court enforcing non existent rights?
Does the Fifth Circuit Court of Appeal have jurisdiction over the
constitutionality of the Louisiana Constitution. I think not. That
is why I did appeal to the Supreme Court of the State of Louisiana.
I brought the correct issue to the correct court with the correct
standing under the provisions of the Louisiana Constitution. I
brought it badly, but I brought it correctly. Had I known what
jurisdiction I was in, I would have brought the correct issue to the
correct court less badly. Does the statement “Do you
understand the charges against you?” not include what court I
am in and by what authority do you force me here and on what cause of
action?
I did not choose
the Supreme Court of the State of Louisiana simply because it is the
closest to my prison. I did know that it is one of only two Courts
in the whole nation that has the jurisdiction to hear such a
challenge. The other court does prefer, as I believe, that I exhaust
all local remedies first. I did not appeal to the Court of Appeal,
Fifth Circuit, at all. I did not ask for a stay. I did not submit a
writ of any kind. I did not, and do not, seek nor confer
jurisdiction, in this matter, to the Court of Appeal, Fifth Circuit.
It is not a court of competent jurisdiction. It has no jurisdiction
over the validity of the State's contested lien, and it is contrary
to US Code Title 28 § 1251, which clearly states that neither
the State nor I have standing in the Court of Appeal, Fifth Circuit
nor First Parish Court, Parish of Jefferson,in this matter. I have
been challenging, continuously and consistently, the jurisdiction of
the First Parish Court and now the Court of Appeal, Fifth Circuit.
My challenges to
the jurisdiction of the First Parish Court, Parish of Jefferson did
not only attack the jurisdiction of the court. It also spoke to the
lack, by the State of Louisiana, of any cause of action. I do
believe that it is in the scope of the Court of Appeal, Fifth
Circuit's supervisory jurisdiction (if any had been sought) to
certify a question to the Louisiana Supreme Court. The exact
reference eludes me and due to the constraints of time, and my
prison, I can only suggest it. Can the Court of Appeal, Fifth
Circuit determine if the State of Louisiana has a valid lien
authorized by the Louisiana State Constitution? Without a certified
question to the Louisiana Supreme Court, I think not. If the Court
of Appeal, Fifth Circuit, nor the First Parish Court can not
determine ownership of the vehicle, how can it say that the State of
Louisiana has a valid cause of action to enforce the rules of the
owner on the use of the vehicle?
In point of fact,
the very order of the court does confirm my contention. “Relator
requests release of his impounded vehicle, which is beyond the scope
of this Court's supervisory jurisdiction.” The Court of
Appeal, Fifth Circuit, by its own admission, can't even order the
State of Louisiana to return my vehicle, and the personal property
contained therein, until such time as ownership is established, and
due process had.
It appears that the
Court of Appeal, Fifth Circuit did miss these details in its careful
examination of the record and rush to summary judgment. The reasons
for its summary judgment were also not deemed important enough to be
related to this State Citizen. Is it the position of the Court of
Appeal, Fifth Circuit that I should be doomed to trial and error to
find my rights, or is it now illegal to tell Citizens what is being
done to them, in the name of law, and under its color?
If the Court of
Appeal, Fifth Circuit, State of Louisiana does believe my position to
be in error, I do DEMAND that I be informed of the particulars of
that objection, in THIS Court of Competent Jurisdiction. If my
position is, indeed, incorrect, I do notice this court, and all
concerned, that I am just doing my job as belligerent claimant in
person, as required by law.
However, if my
position is correct, I do DEMAND that this Honorable Court, the
Supreme Court of the State of Louisiana, do accept its jurisdiction
of this issue and command the State of Louisiana to withdraw all
charges pending against this State Citizen, Michael E. DiRosa, in
Federal Court, for want of jurisdiction and lack of a cause of action
until such time as ownership of the vehicle, and the the personal
property contained therein, can be determined.
Jurisdiction must
remain in the Supreme Court of the State of Louisiana, until such
time as a determination is made as to who is the legal owner of the
vehicle in dispute and the personal property contained therein. How
can it be determined if the owner had an “affront to the peace
and dignity of the same” until such time as the owner is
established? If there is no admiralty lien on the vehicle, what was
I doing in an admiralty court? I am demanding due process from the
Supreme Court of the State of Louisiana, a Court of competent
jurisdiction, with jurisdiction, properly brought by a Citizen of the
State of Louisiana, albeit badly, with standing and a cause of
action.
This document is
to, in no way, shape or form, be construed as a grant of jurisdiction
or an appeal to the Court of Appeal, Fifth Circuit. It is a clear
denial of jurisdiction. The Supreme Court of the State of Louisiana
opened the door, the Court of Appeal, Fifth Circuit walked in. I
have no choice but to defend. Least we forget, I am charged with a
string of infamous crimes and illegally imprisoned, my property has
been taken, without due process of law, and held for ransom by a
plaintiff with an obviously invalid lien. Should a disaster, as
unforeseeable as the flood, hurricane, chemical spill, or reactor
failure befall this area, I do remind this Court that my emergency
evacuation vehicle has been taken from me, without due process of
law. Am I to be left to die or can I rely on the State of Louisiana,
in its obvious state of preparedness for such an event, to save a
citizen it has illegally incarcerated in this walking distance
prison.
If the judge in ANY
Federal Court had simply said: “The State of Louisiana has an
admiralty lien on your vehicle. They have brought you into a Federal
Court to enforce their ownership of their vehicle. They have made
rules by which you may use their vehicle and you are charged with
breaking those rules.” All of this confusion could have been
avoided. Isn't that the core of this issue? It is my uncontested,
open and notorious declaration that the State of Louisiana does not
have a lien, nor any legal claim of ownership on my vehicle, at all.
I am the allodial owner of my vehicle and emergency evacuation life
boat, and the personal property therein contained. I have not broken
any of my rules.
It is the opinion
of this State Citizen that the Supreme Court of the State of
Louisiana should dispense with the normal order of cases and
summarily rule that Article VII section 5 of the Louisiana State
Constitution entitled “Motor Vehicle License Tax” is
indeed unconstitutional absent any specific objection by the State of
Louisiana. This State Citizen has looked under the State and can
find no legs. I do officially move this Honorable Court to do so and
release this State Citizen from the bonds of my prison or, do order
the Department of Safety and Corrections to return my vehicle and the
personal property contained therein, at their cost, until such time
as their claim of ownership can be established and due process had.
I do hereby swear
that the above is true and correct to the best of my knowledge.
_________________________________
Michael E. DiRosa
C/O
318 Lakeshore Pkwy.
New
Orleans, Louisiana 70124
XXX – XXX – XXXX
ORDER
It is
hereby ORDERED that Article VII section 5 of the Louisiana State
Constitution entitled “Motor Vehicle License Tax” is
unconstitutional and it is further ordered that the State of
Louisiana do withdraw all proceedings, in Federal Court brought under
US Code Title 28 § 1251 against aliens and Citizens of another
State enforcing the invalid lien. It is further ordered that the
State of Louisiana do return to Michael E. DiRosa the contested
vehicle, and the personal property contained therein, and that such
vehicle, and the personal property contained therein, be transported
to a place of Mr. DiRosa's choosing, not to exceed twenty-five miles
from D.C. Towing the last known location of the vehicle and personal
property, at their expense.
this
______________ day of _______________________, 2007,
_____________________________________
JUDGE
ORDER
It is
hereby ORDERED that the State of Louisiana do withdraw all
proceedings, in Federal Court brought under US Code Title 28 §
1251 against Michael E. DiRosa for want of standing and lack of a
cause of action until such time as ownership of the vehicle, and the
personal property contained therein, can be determined. It is
further ordered that the State of Louisiana do withdraw all
proceedings, in Federal Court brought under US Code Title 28 §
1251 against aliens and Citizens of another State until such time as
a cause of action can be proved.
this
______________ day of _______________________, 2007,
_____________________________________
JUDGE
ORDER
It is
hereby ORDERED that the State of Louisiana do return to Michael E.
DiRosa the contested vehicle, and the personal property contained
therein, and that such vehicle, and the personal property contained
therein, be transported to a place of Mr. DiRosa's choosing, not to
exceed twenty-five miles from D.C. Towing the last known location of
the vehicle and personal property, at their expense, until such time
as ownership of the aforementioned property can be determined and due
process had.
this
______________ day of _______________________, 2007,
_____________________________________
JUDGE
ORDER
It is
hereby ORDERED that the State of Louisiana, and all parties
concerned, do bring forward any culpatory or exculpatory
informations that exists that would help or harm this Citizen of the
State of Louisiana, Michael E. DiRosa, or his claims, were he to
know of it, be brought forth by the State of Louisiana, The Supreme
Court of the State of Louisiana, any concerned party, or the Court of
appeal, Fifth Circuit (as friend of the court). In the instance of
the Court of appeal, Fifth Circuit it is only requested, as a Friend
of the Court.
this
______________ day of _______________________, 2007,
_____________________________________
JUDGE
CERTIFICATE
OF SERVICE
I do
hereby certify that I did place into the hands of The United States
Postal Authority a certified letter, return receipt requested to the
people listed herein. Of course, to do this I had to gain the
assistance of an escort, authorized by the State of Louisiana, the
Department of Public Safety and Corrections, and any corporation in
the Insurance Industry, slave / bond servant to all three, to escort
this walking distance prisoner to a copy machine and then to the Post
Office.
Supreme
Court, State of Louisiana
Clerk of
Court
400 Royal
Street, suite 4200
New
Orleans, LA 70130-8102
Hon,
Edward A. Dufresne, Jr.
Chief
Judge
Court of
Appeal Fifth Circuit
P.O. Box
487
Gretna,
LA 70054
Kathleen
Babineaux Blanco
P.O. Box
94004
Baton
Rouge, LA 70804-9004
Charles
C. Foti, Jr.
P.O. Box
94005
Baton Rouge, LA 70804
Richard
L. Stalder Secretary
Department
of Public Safety and Corrections
P.O. Box
66614
Baton
Rouge, LA 70896-6614
Rebecca
M. Oliver
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
Joseph
Responti
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
Lenny
Levinson
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
Terry M.
Boudreaux
200
Derbigny St.
Gretna,
LA, 70053
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