| TWENTY-SIXTH JUDICIAL DISTRICT COURT |
| STATE OF LOUISIANA |
| PARISH OF BOSSIER |
| STATE OF LOUISIANA, |
) Docket # |
| |
) Illegal Damage set for 07/08/2009 at 9:00 |
| PLAINTIFF, |
) Reason unclear. |
| |
) NOTICE AND DEMAND FOR DISMISSAL |
| VS |
) FOR WANT OF JURISDICTION OF THE COURT |
| |
) AND LACK OF CAUSE OF ACTION, RIGHT OF |
| MALINDA NICOLE DiROSA, |
) ACTION AND STANDING OF THE PLAINTIFF. |
| |
) |
| ACCUSED |
)CONSTRUCTIVE NOTICE OF TREASON |
| |
) CONSPIRACY AND FRAUD. |
Comes now before
the court Malinda Nicole DiRosa Sovereign Citizen of the State of
Louisiana, in proper person, to Demand that these proceedings be
dismissed for WANT OF JURISDICTION OF THE COURT. Plus, the Plaintiff
is this matter has no cause of action, right of action nor standing
in this matter and is, again, perpetrating a fraud upon this court
and this Sovereign Citizen.
To date it is an
uncontested fact that Malinda Nicole DiRosa is a Sovereign Citizen of
the State of Louisiana. If anyone has any cause or reason to believe
that Malinda Nicole DiRosa is not a Sovereign Citizen of the State of
Louisiana, let them speak now or be estopped from any latter
challenge of her Citizenship.
Malinda Nicole
DiRosa reserves the right to vigorously challenge any allegation
contrary to her claim of Sovereign Citizen of the State of Louisiana.
Malinda Nicole
DiRosa is a Sovereign Citizen of the State of Louisiana. To date an
uncontested fact in cases numbered 157,313 and 157,314
on the Docket of the Twenty-Sixth Judicial District Court, State of
Louisiana, Parish of Bossier and case numbered KH
07-43205 on the Docket of the Court of Appeal, Second Circuit, State
of Louisiana. Malinda Nicole DiRosa did appeal to the Court of
Appeal, Second Circuit, State of Louisiana not as a grant of
jurisdiction for the Court of Appeal, Second Circuit, State of
Louisiana did not have the power nor right to hear the issue. Malinda
Nicole DiRosa did, with irrefutable proof, explain to the Court of
Appeal Second Circuit, State of Louisiana that their sole
jurisdiction and obligation was to transfer this matter to the only
court in this Country that has jurisdiction, the One Supreme Court in
which the Judicial Power of the United States shall be vested. As I
am now noticing you. An improperly set Louisiana Supreme Court is
not an option.
There can be no
doubt as to the Citizenship of Malinda Nicole DiRosa. Which demands
the next question. By what right do you call me into this court?
Surely it can not
be by virtue of U.S.C TITLE 28 Section 1251
"Section
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;
(3)
All actions or proceedings by a State against the citizens of another
State or against aliens." U.S.C Title 28 Section 1251.
A Citizen of the
State of Louisiana does not fit in any of those categories. A State
can not sue its Sovereign. Malinda Nicole DiRosa is not a citizen of
another State or an alien. Malinda Nicole DiRosa is a Citizen of the
State of Louisiana.
If there is some
other justification for dragging this Citizen into this court in the
name of the State of Louisiana, I demand to be told. I demand that
this entity calling itself the State of Louisiana formally declare by
what right it claims that this court has jurisdiction in this matter,
for it is not on the face of the record as is required by law.
This brings us to
the next issue.
The entity calling
itself the State of Louisiana does not hold a valid lien on the
vehicle in question.
The entity calling
itself the State of Louisiana is claiming an admiralty lien on the
vehicle by virtue of Article VII Section 5 of the Louisiana State
Constitution. There can be no doubt that Article VII Section 5 of
the Louisiana State Constitution is repugnant to the United States
Constitution. A full brief can be found enclosed as Exhibit 1.
The validity of
Article VII Section 5 of the Louisiana State Constitution was
reviewed by the Louisiana Supreme Court in Cases numbered 2007-KH-131
and 2007-KH-866. In Case numbered 2007-KH-866 the Louisiana Supreme
Court denied Summary judgment on the uncontested facts. In Case
numbered 2007-KH-131 the demand for Summary judgment, based on the
uncontested facts, filed in open court, has been ignored.
There can be no
doubt that the Louisiana Supreme Court is unwilling to rule and, as
it has been found, unable to rule. The Louisiana Supreme Court is
infested with citizen of a foreign state, aliens in the State of
Louisiana and, as such, have no right to make any ruling on the
validity of the Constitution of the State of Louisiana. The task
devolves to only one court. The One Supreme Court in which the
Judicial Power of the United States shall be vested. Surely, you
don't pretend to have this authority?
This requires that
a Certified Question be posed to the One Supreme Court in which the
Judicial Power of the United States shall be vested.
Is Article VII
Section 5 of the Louisiana State Constitution repugnant to the United
States Constitution in that it, among other reasons, is an illegal
bill of credit which takes private property without due process of
law or just compensation and makes bond servants of free people as is
briefed in exhibit 1.
Until it is
determined who owns the vehicle, it can not be determined if the
rules of the owner of the vehicle have been violated.
There can be no
doubt that the Department of Public Safety and Corrections is
knowingly enforcing an invalid lien.
In the course of
these years it has been discovered that the State of Louisiana has
been invaded when a band of treasonous dogs illegally seized control
of Congress and ordered troops to invade Louisiana and 9 other
Southern States.
Using these
conquered States, with the installed puppet governments, these
treasonous dogs did illegally and at the point of a bayonet change
the Constitution of the United States and steal the Creator endowed
unalienable right to be born free men.
These Treasonous
conspirators even created a court system of the traitors, by the
traitors and for the traitors.
"The
appellate jurisdiction was first regulated by the act of Sept. 24,
1789, but radical changes were effected in it by the act of March 3,
1891, which created the circuit court of appeals." Bouvier's
Law Dictionary 1914 Version Updated, Vol II, pg 1204
Nor can there be
any doubt that the treasonous plot continues to this day. One need
only look at the Louisiana State Constitution created by this puppet
government. Citizens of the State of Louisiana are expressly
prohibited from holding any Statewide elective office. The Citizens
of the States of Louisiana are completely unrepresented and their
interests uncared for. And, as clearly evident from the
aforementioned cases, they are even persecuted. A brief on that
issue is enclosed as Exhibit 2.
The persecution of
Malinda DiRosa and her father, translator and next friend, Michael E.
DiRosa, has forced them to swear out the testimony of two witnesses
to the same overt acts of treason against the State of Louisiana and
its Sovereign Citizens. It was their duty as Citizens of the State
of Louisiana. This is enclosed as Exhibit 3.
This charge of
Treason against the State of Louisiana and its Sovereign Citizens by
Bobby Jindal and James D. "Buddy" Caldwell (Exhibit 3) was
returned by summary judgment of the Clerk of the Supreme Court of the
United States (Exhibit 4,) wherein the Clerk ruled that Congress has
the power to divest from the Supreme Court original jurisdiction in a
case in which the constitution has clearly given that court original
jurisdiction.
"Congress
cannot vest in the supreme court original jurisdiction in a case in
which the constitution has clearly not given that court original
jurisdiction; 1 Crs. 137. See Pet 1, 284; 12 id 657; 6 Wheat. 264; 9
id. 738" Bouvier's Law Dictionary 1914 Version Updated, Vol II,
Pg. 1204
Obviously, the
corollary of that must also apply. Congress cannot divest from the
Supreme Court original jurisdiction in a case in which the
constitution has clearly given that court original jurisdiction.
To make matters
worse the presiding clerk has entitled the action RE: DiRosa et ux.
v. Jindal, et al." He has married me to my father. Is he trying
to imply that since we are married it is the testimony of only one
witness? Is it any wonder that I need an interpreter? Even he had
to look that one up?
Corruption of the
record is the same ploy used by the Louisiana Supreme Court in cases
2007-KH-131 and 2007-KH-866 and is evident everywhere cloaked by its
forged face and painted with the color of law.
Obviously, there
can not be a Trial until some questions are answered that you are not
jurisdictionally competent to answer.
Is the lien valid
or is Article VII Section 5 of the Louisiana State Constitution
repugnant to the Constitution of the United States of America?
Is Bobby Jindal, a
subject of a state foreign to the State of Louisiana and an alien in
the State of Louisiana, the Governor of the State of Louisiana or is
he a Traitor to the State of Louisiana and its Sovereign people?
Who is competent to
stand for the State of Louisiana? There is not one Citizen of the
State of Louisiana to be found in any office in the State of
Louisiana. One can only find citizens and subjects of the state
which conquered Louisiana and subjugated us. The occupational
government of our conquerors.
There can be no
doubt. The Plaintiff and the District Attorney are, again
perpetrating a fraud upon this court in a continuing attempt to
persecute Malinda Nicole DiRosa unmercifully for daring to expose the
Traitors.
If the Plaintiff
and the District Attorney believe that they have brought this Citizen
of the State of Louisiana into the correct court, why don't they
prove their contention? It surely would pose no hardship on Doctors
of law. Surely they know. It is required by law.
If the lien is
valid, surely Doctors of law must be able to show that it is valid.
They persecute people every day. Surely they know by what right?
If citizens and
subjects of a state foreign to the State of Louisiana have a right to
hold office in the State of Louisiana to the exclusion of Citizens of
the State of Louisiana, why don't they just prove it. Surely it can
pose no hardship on Doctors of law.
If the overthrow of
the United States, the State of Louisiana and the subjugation of the
once Sovereign people was such a great act, why isn't it taught in
school? We could have parades to celebrate our enslavement. We
could have great fires and toss in boxes of our unalienable rights
and the right to be born men. We could all wear our shackles of
servitude and pay homage to our enslavers and thank them for the
wonderful world they have created. They have given us the right to
be abused as subjects, when they stole our right to be free.
If the Plaintiff
and the District Attorney are not perpetrating a fraud upon Malinda
Nicole DiRosa and this Court. I demand that they answer and prove
their right of action, cause of action, standing and the jurisdiction
of this court. How hard can it be for doctors of law to prove that
they are not vile, treasonous, thieves who have betrayed their own
families, countrymen and everyone who has ever seen their face. Yet,
they have even ignored court orders to avoid having their betrayal
known. In this very court.
Unfortunately, this
has gone way beyond a mere dismissal for want of jurisdiction, or
even certified questions to the One Supreme Court in which the
Judicial Power of the United States shall be vested.
There is a valid
charge of treason before you on the oath of two witnesses backed by
positive, irrefutable and incontestable proof. There is proof of
Treasonous collusion in the Louisiana Supreme Court as attested to by
none other than the Louisiana State Constitution. Citizens of a
state foreign to the State of Louisiana, aliens on the bench of our
high court. Members of the occupational government of Louisiana.
Authorized by the constitution of the occupational government.
There is evidence
in the record that the Court of Appeal, Fifth Circuit, State of
Louisiana and the Court of Appeal, Second Circuit, State of
Louisiana, the First Parish Court, Parish of Jefferson, State of
Louisiana and the Twenty-Sixth Judicial District Court
State of Louisiana, Parish of Bossier are all in collusion to
hide their treasonous acts and resist all laws of man or God. There
is not one Citizen of the State of Louisiana to be found. All are
subjects of a state foreign to the State of Louisiana, alien invaders
of an occupational government of the conquered State of Louisiana.
In a court system controlled by the invading state, and recreated
shortly after the treasonous conspirators gained full control with
the passage of the fourteenth amendment, by force of arms.
Malinda Nicole
DiRosa does hereby notice this court that if she has heard no word of
this Demand for dismissal by the 15th day of June, 2009,
she will have to assume that this demand has fallen into the same
black hole that all of her demands have entered as she has had
dealings with this court before. With that thought in mind Malinda
Nicole DiRosa does notice the court that she will have no choice but
to apply for a writ of error or other appropriate remedy to stop this
court from committing the worst error a court can commit. To take no
action is an action.
"And
in a writ of error to a Circuit Court of the United States, the whole
record is before this court for examination and decision, and if the
sum in controversy is large enough to give jurisdiction, it is not
only the right, but it is the judicial duty of the court to examine
the whole case as presented by the record; and if it appears upon its
face that any material error or errors have been committed by the
court below, it is the duty of this court to reverse the judgment and
remand the case. And certainly an error in passing a judgment upon
the merits in favor of either party, in a case which it was not
authorized to try, and over which it had no jurisdiction, is as grave
an error as a court can commit." Scott v. Sandford 60
U.S. 393
There should be no
trouble in going from a federal admiralty court to the One Supreme
Court in which the Judicial Power of the United States shall be
vested.
Considering the
foregoing the falsely accused does hereby demand that this court
dismiss these heinous, malicious, fraudulent and infamous charges
against Malinda Nicole DiRosa for lack of jurisdiction of the Court
and lack of cause of action, right of action and standing of the
Plaintiff. And, furthermore that appropriate steps be taken to
transfer jurisdiction of these issues to the only Court that can
effect a remedy, the One Supreme Court in which the Judicial Power of
the United States Shall be vested.
NOTICE
TO THE COURT.
I am appearing as
the belligerent claimant in person (proper person) with the
assistance of my interpreter, next friend, counselor, archivist,
historian, secretary and co-accuser of BOBBY JINDAL and JAMES D.
"BUDDY" CALDWELL for Treason against the State of Louisiana
and its Sovereign Citizens. I am competent to act in my own defense
as long as my interpreter can translate into words that I can
understand and translate my wishes into words appropriate for a court
to understand correctly. I am conversantly familiar with colloquial
English and I am trained in the dialect of the English language
particular to the medical profession. If, as has been contended
before, my ignorance of the legal dialect and the need for an
interpreter is to be viewed as incompetence, someone had better look
into the United Nations.
Due to the
continued harassment by the Plaintiff and his minions I have had to
relocate yet again and it is quite probable that I may have to
relocate still another time. In order to avoid confusion and
unnecessary delay I have listed the postal address and telephone
number of record as the address of my translator and next friend.
Please be aware of the delay in transit.
Due to unavoidable
delays directly attributable to the continued harassment and illegal
incarceration of both myself and my interpreter, this is the first
opportunity that Malinda Nicole DiRosa and her interpreter have had
to prepare, reproduce and mail these documents. I do hereby demand
that any justification for returning these documents be accompanied
by a statement of the harm it will do to either party that justify
the return of these documents.
Due to the great
distance between my interpreter, next friend and typist, and
considering the shortness of time before I will be forced to defend
myself against vile, fraudulent and infamous charges before a court
totally lacking in jurisdiction fraudulently brought by vile
treasonous thieves, I have authorized my interpreter, next friend and
father to sign my name on my behalf.
I, Michael E.
DiRosa, Citizen of the State of Louisiana, interpreter and next
friend of Malinda Nicole DiRosa and co-accuser of Bobby Jindal and
James D. "Buddy" Caldwell of Treason against the State of
Louisiana and its Sovereign Citizens do hereby certify that all of
the above is true and correct to the best of my knowledge and belief.
I do further certify that I have correctly translated the position
of Malinda Nicole DiRosa into a from that lawyers can understand. I
do further certify that Malinda Nicole DiRosa has given to me
permission to sign her name on her behalf as she does certify that
the above is true and correct to the best of her knowledge and belief
but great distances and insurmountable problems prevent her from
signing this document herself.
Certified this
Third day of June, 2009
| Malinda Nicole DiRosa, |
Michael E. DiRosa, |
| Citizen of the State of Louisiana, |
Citizen of the State of Louisiana, |
| In Proper Person, |
interpreter and next friend of Malinda Nicole |
| Fraudulently accused, |
DiRosa, |
| Co-accuser of Bobby Jindal and |
Co-accuser of Bobby Jindal and |
| James D. "Buddy" Caldwell of |
James D. "Buddy" Caldwell of |
| Treason against the State of Louisiana |
Treason against the State of Louisiana |
| and its Sovereign Citizens. |
and its Sovereign Citizens. |
| |
|
| C/O 318 Lakeshore Pkwy. |
C/O 318 Lakeshore Pkwy. |
| New Orleans, Louisiana 70124 |
New Orleans, Louisiana 70124 |
| XXX-XXX-XXXX |
XXX-XXX-XXXX |
|
|
CERTIFICATE
OF SERVICE
I, Michael E.
DiRosa, Citizen of the State of Louisiana, interpreter and next
friend of Malinda Nicole DiRosa and co-accuser of Bobby Jindal and
James D. "Buddy" Caldwell of Treason against the State of
Louisiana and its Sovereign Citizens do hereby certify that on behalf
of Malinda Nicole DiRosa I have prepared these Documents and sent and
an original plus a true and correct copy of this Demand for dismissal
for want of jurisdiction and all exhibits to the clerk of the 26th
Judicial District Court. An original for the court and one copy of
all pages for the vile treasonous thief calling itself to be the
District Attorney who knowingly brings these fraudulent charges
forward. These documents have been sent by placing them in the
custody of the United States Postal authority, properly addressed,
postage prepaid, certified mail, return receipt requested to the
address listed below this third day of June, 2009.
Clerk of Court
26th
Judicial District Court
P.O. Box 369
Benton, La. 71006
Michael E. DiRosa,
Citizen of the State
of Louisiana,
interpreter and next friend of Malinda
Nicole DiRosa,
Co-accuser of Bobby Jindal and James
D. "Buddy" Caldwell of
Treason against the
State of Louisiana and its Sovereign Citizens.
C/O 318 Lakeshore
Pkwy.
New Orleans,
Louisiana 70124
XXX-XXX-XXXX
ORDER
Considering
the foregoing and absent any written objection by the Plaintiff, it
is hereby ordered that the above entitled action be dismissed for
want of jurisdiction and lack of a valid cause of action, right of
action and standing of the Plaintiff.
Furthermore,
considering the foregoing and absent any written objection by the
Plaintiff, it is hereby ordered that Article VII Section 5 of the
Louisiana State Constitution is invalid as it is repugnant to the
United States Constitution in that it is a strictly forbidden bill of
Credit which reduces free people to mere bond servants and steals
private property without just compensation or due process, among
other reasons.
It is further
ordered that all persons under information for traffic violations are
hereby released with our apologies and that the Department of Public
Safety and Corrections return all property including certificates of
origin to their rightful owners.
It is further
orderer that all persons currently in the custody of the Department
of Public Safety and Corrections not convicted of a crime which a
sovereign Citizen could be convicted of be released immediately and
that all persons currently under conviction for a crime A Sovereign
Citizen could be convicted of have their cases reviewed with a right
to be heard by a jury of Sovereign Citizens of the State of
Louisiana.
It is further
ordered that the testimony of two witness to the same overt acts of
Treason be transmitted to the One Supreme Court in which the Judicial
Power of the United States shall be vested and set pending trial or
confession in open court. It is too obvious that the clerk was wrong
in ruling that congress could take away expressly delegated powers
from the Supreme Court and any other action would brand me a traitor.
"TREASON.
Congress can neither extend, nor restrict, nor define the crime. Its
power over the subject is limited to prescribing the punishment.
Field, j., in 4 Sawy, 465" Bouviers Law Dictionary Vol II Pg
1188.
It is further
ordered that all members of the Louisiana Bar Association be placed
under house arrest until such time as juries and judges can be
trained and legal proceedings instituted.
This __________ day
of ______________, 2009
____________________________
JUDGE
ORDER
Considering the
foregoing I have decided on concealment of an act of treason or
treasonable plot and thereby confess, by an overt act of treason, in
open court.
Sure, soon enough
people will find out and we'll be in trouble, but if I can just abuse
these people for one extra week it will be worth it.
It is further
ordered that the unconscionable harassment of Malinda DiRosa will
continue. That the District attorney will again try to enforce an
invalid lien under color of law and I will again pretend that some
law of man or God is being followed despite all evidence to the
contrary.
This __________ day
of ______________, 2009
____________________________
JUDGE
ORDER
Considering the
forgoing it is hereby ordered that this filing be transferred to the
the One Supreme Court in which the Jurisdiction of the United States
shall be vested and writs of Certiorari issue to the various courts
for the original record to be called up in all of the above mentioned
cases.
It is further
ordered that all activity in the above entitled action be stayed
pending the ruling of a jurisdictionally competent court.
This __________ day
of ______________, 2009
____________________________
JUDGE
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