August 3, 2007
William K. Suter, Clerk
Supreme Court of the United States
1 First Street, N.E.
Washington, DC 20543-0001
Mr Suter,
We seem to be stuck in a bureaucratic
loop. I keep submitting an original action under Article III Section
2 of the United States Constitution and M. Blalock keeps returning
the documents telling me the obvious; this is not a writ of
Certiorari. Were this to be a writ at all, which it is not, it would
be an extraordinary writ in compliance with Rule 20 of the Rules of
the United States Supreme Court.
“...that
exceptional circumstances warrant the exercise of the Court s
discretionary powers, and that adequate relief cannot be obtained in
any other form or from any other court.” Rule 20 of the Rules
of the United States Supreme Court.
The first time M. Blalock did return
the documents, I did resubmit them with an objection to their return
and to M. Blalock's adjudgment, in your name, that this was not and
could not be an original action required by law. I did, in my
objection, demand a judicial ruling on my objection supported by law.
M. Blalock did just reattach the original letter dated July 13, 2007
(the very ruling that I had objected to) and return the documents to
me. Despite my reasoned arguments, backed by law, that this original
action did indeed comply, as much as was possible from this prison,
with the substance of the Rules of this Court and demand for judicial
review of my objection to his actions, he did not defend his
position. His sole course of action was to say, in legal terms,
“Does not.”
This action has evoked another Rule of
the Supreme Court of the Untied States, Rule 39.3 which states, in
part:
“...
every document presented by a party proceeding under this Rule shall
be prepared as required by Rule 33.2 (unless such preparation is
impossible).” Rule 39.3 of the Rules of the Supreme Court of
the United States.
Where it might be possible to divine
which rule M. Blalock believes to be broken, it is beyond my
allotment of time and interest. Am I to be denied my right to
petition the Court for redress of grievance, my right to travel and
be free of this prison and even my right to exist as a human being
while I discover, by trial and error, from this prison, what errant
jot or tittle has M. Blalock so upset. The hall monitor has visions
of grandeur.
I am now returning the documents
directly to you, with a second objection to their return. I am,
again, demanding a judicial ruling on my continued objections.
Should you summarily adjudge that
these documents do so fail to comply with the with the substance of
these Rules of this Court that it affects the substantial rights of
the parties and, hence, must be returned, I do demand that you state
exactly which rule(s) I am in such breach of that my claim to a right
to exist must be delayed, and by what authority do you so adjudge.
In the letter Mr. Blalock has sent me,
in your name, It does state that I should seek a review of a decision
by timely filing a petition for a writ of certiorari. This is the
institution of an original action, as required by law, with the State
of Louisiana as one of the named defendants. To date the only
adjudgments of which I could complain are the summary judgments of M.
Blalock, and by extension, you. Is it your position that I should
seek, by writ of certiorari, review of the final summary judgment of
William K. Suter, Clerk? By what authority or rule do you base your
claim?
To which court should I go to seek
redress of grievance? Is there some law or rule that supersedes the
Constitution of the United States of America? Article III Section 2
of the Constitution of the United States of America does clearly
state, in part:
“In
all Cases ...and those in which a State shall be a Party, the supreme
Court shall have original Jurisdiction.”
If you know of another court, other
than the Supreme Court of the United States, in which I may institute
an original action against the State of Louisiana, contrary to the
United States Constitution, I do demand that you supply me with the
authority or rule by which you base your rulings. Is it your final
summary judgment that when the State of Louisiana is a defendant in a
suit the Supreme Court of the United States is not the correct Court?
Is it your final summary judgment that
my standing or cause of action is insufficient to institute and
original action against the State of Louisiana? On what authority
and by what law do you judge?
Is it your final summary judgment that
my complaint is specious and without merit?
Is it your final summary judgment that
my complaint does not comply with the substance of these Rules
(Supreme Court Rule 39.3? ) I do claim that my complaint does comply
with the substance of the Rules. To which rule did I go so far
astray that my right to exist as a human being is to be held
subordinate, and who's rights have been damaged?
Is it your final summary judgment that
my complaint does stray so far from the substance of the Rules that I
must remain in this prison, illegally deprived of my liberty and
property and with my life in peril?
Is it your final summary judgment that
my objection to your action does stray so far from the rules that to
deprive me of a judicial determination of my objection does not
affect the substantial rights of the parties? (Federal Rules of Civil
Procedure Rule 61)
Is it your final summary judgment that
I must file suit in federal court to compel William K. Suter, Clerk
of the Supreme Court of the Untied States to do his job and submit my
valid objections to his summary judgments to the adjudgment of the
Supreme Court of the Untied States? Would I have to argue it all of
the way to the Supreme Court of the United States? How embarrassing
for us all.
Let there be no mistake. This letter
is to be construed and was meant to be construed as a demand letter.
I do demand that William K. Suter, Clerk of the Supreme Court of the
United States do submit to the Supreme Court of the United States my
valid, timely, and continued objections to the return of legally
filed documents for a judicial determination.
I demand to know what rule(s), alleged
but not stated, whose substance I have so violated that would warrant
my death. I did originally mail the complaint and leave to file in
forma pauperis on the 9th
day of July, 2007. In the time that we have been sending these
documents back and forth by mail, a hurricane could have formed and
hit New Orleans, again. The levies could have broken, again. Our
nuclear reactor could have belched upwind of New Orleans. I can not
flee. What rule could I have so egregiously violated and, other than
your violation of my rights by your summary judgment of insufficiency
against repeated objection, whose rights have been substantially
affected that strict compliance with this alleged rule would
supersede my right to exist, to flee for my life, to be released from
this illegal prison and have my property returned?
I do
demand that you submit my repeated objections and supporting
documents to the Supreme Court of the United States for a ruling on
my objections or prepare to defend your actions, in court if
necessary.
Again, let there be no mistake. This
letter is to be construed and was meant to be construed as a
constructive notice. I am making you, personally, aware that my
rights are being violated. If this is just a mistake by a clerk who
seems to know less law than I, I am sure the situation will be
corrected. However, if these adjudgments and actions of M. Blalock's
do indeed have your support and backing, I give you notice. You,
personally, are violating my right to petition the government for
redress of grievance. Every day that you delay, you are violating my
right to be free and aiding in my continued illegal imprisonment,
among other damages. Every day that you delay could cause no less
than the loss of my life and forfeiture of my right to exist.
Now there can be no doubt as to who is
responsible for any further damage. Again I caution you. Rethink
your position or prepare to defend it.
This letter has been attached to and
made part of my second objection to the return of legally filed
documents.
Sincerely,
Michael E. DiRosa
c/o 318 Lakeshore Pkwy.
New Orleans, Louisiana 70124
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