SUPREME COURT OF THE STATE
OF LOUISIANA
*****************
No. 2007 – KH -
0131
*****************
STATE OF LOUISIANA
VS
MICHAEL E. DI ROSA
OBJECTION TO THE RETURN OF
LEGALLY FILED DOCUMENTS
AND ADJUDGEMENTS BY THE
CENTRAL STAFF OF THE
SUPREME COURT OF THE STATE
OF LOUISIANA
AND
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 return of legally filed documents and
adjudgements by the central staff of the Supreme Court of the State
of Louisiana. dated March 19, 2007 and mailed on March 20, 2007 and
received by me on the 22nd day of March, 2007 in the
evening. The reason stated on the cover letter is “ Your writ
application was not transferred to the United States Court of Appeal,
Fifth Circuit, but to the State Fifth Circuit Court of Appeal in
Gretna. You must exhaust your lower court remedies before coming to
this Court. We are returning your motion.”
I do object for the
following reasons .
In the first place,
I must apologize. I had to deduce that the First Parish Court,
Parish of Jefferson and the Fifth Circuit Court of Appeal were both
federal jurisdictions. To date I can not get anyone to tell me what
court and jurisdiction I am in, and by what right do they force me
here? In my previous research, which I can only recall since that
research is beyond the bounds of my prison, I have found only two
instances where a State may be party to an action. One is in Article
III, section 2, paragraph 2 of the United States Constitution which
claims that the United States Supreme Court has original
jurisdiction. The other one is US Code Title 28 § 1251 (3) “All
actions or proceedings by a State against the citizens of another
State or against aliens.” Since it is obvious that I was not
in the United States Supreme Court, then I must have been in a
federal court, and something is claiming that I am a Citizen of
another State or an alien. Hence, if I am in a federal admiralty
jurisdiction in First Parish Court, the court of Appeal, Fifth
Circuit must also be a federal court and hence the United States
Court of Appeal, Fifth Circuit, State of Louisiana. That brings us
back to the issue properly before the Supreme Court of the State of
Louisiana, and not before the central staff of the court. Who is
this entity calling itself the State of Louisiana and on what
jurisdictional grounds does it force me, at the literal gun barrel of
government, into court, and on what cause of action? If the central
staff can tell me of another jurisdictional ground upon which a State
may appear in its own name in an action, I do DEMAND to be informed.
I do also, again, DEMAND to be informed as to just what jurisdiction
is the First Parish Court, Parish of Jefferson and the Court of
Appeal, Fifth Circuit, State of Louisiana.
As to the
adjudgement of the central staff that states: “You must exhaust
your lower court remedies before coming to this Court.” The
Supreme Court of the State of Louisiana did, on its own motion, seek
a ruling from the Court of Appeal, Fifth Circuit. The Court of
Appeal, Fifth Circuit did issue a ruling on the request of the
Supreme Court of the State of Louisiana. Coincidentally, they
carefully reviewed the case and summarily ruled against me in the
same amount of time that it took me to object to the transfer of
jurisdiction to an incompetent court (the filing the central staff
has returned .)
Is it the
adjudgement of the central staff that I engage in the most vain and
useless act of asking an incompetent court to again rule on issues,
by its own admission and the Louisiana State Constitution Article V
section 5(D)(1), outside of the jurisdiction of the Court of Appeal,
Fifth Circuit, State of Louisiana? By what right and authority does
the central staff make such an adjudgement? Is it the unsolicited
legal opinion of the central staff that the Court of Appeal, Fifth
Circuit, State of Louisiana is not a federal jurisdiction?
“-to all Cases of admiralty and maritime Jurisdiction;”
United States Constitution, Article III Section 2
“ADMIRALTY In American Law
A tribunal exercising jurisdiction over all maritime contracts,
torts, Injuries, or offenses.” Black's Law Dictionary, third
edition, Pg. 60
“ADMIRALTY In American Law
... in other admiralty cases appeals will be from Circuit and
District Courts to the Circuit Courts of Appeals, the decision of the
latter courts being final.”, Bouvier's Law Dictionary 1914
version updated Pg. 49
The issue is, does
the State have a valid claim in ANY court. In this State only the
Supreme Court of the State of Louisiana can make that determination.
The central issue
in this case is who owns the vehicle. The State's claim of ownership
is by virtue of the unconstitutional Louisiana State Constitution
Article VII section 5 which creates an illegal admiralty lien on my
vehicle. Is it the adugement of the central staff that the Court of
Appeal, Fifth Circuit, State of Louisiana can rule on the
constitutionality of an article of the Louisiana State Constitution?
The Court of
Appeal, Fifth Circuit, State of Louisiana could have, in its careful
inspection of the record and rush to summary judgment, requested by
the Supreme Court of the State of Louisiana, certified a question to
the Supreme Court of the State of Louisiana. It was in their
appellate jurisdiction to inquire into a question of law? Is Article
VII section 5 of Louisiana State Constitution valid and lawful. If
Article VII § 5 of the Louisiana
State Constitution is unconstitutional and invalid from its
inception, as this State Citizen has claimed, than the State
of Louisiana has no cause of action, and is not a party to ANY suit.
“Article V § 11.
Courts of Appeal; Certification
Section 11. A court of appeal may certify any question of law before
it to the supreme court, and the supreme court then may give its
binding instruction or decide the case upon the whole record. “
Louisiana State Constitution. Article V section 11
This is how the
Court of Appeal, Fifth Circuit, State of Louisiana could have brought
this question of law to the court of competent jurisdiction, The
Supreme Court of the State of Louisiana.
The other method
for challenging the Constitution of the State of Louisiana is by
Article V section 5(D)(1) which states:
“(D) Appellate Jurisdiction. In addition to other appeals
provided by this constitution, a case shall be appealable to the
supreme court if (1) a law or ordinance has been declared
unconstitutional...”
It is this State
Citizen that has declared Article VII Section 5 of the Louisiana
State Constitution as unconstitutional. Since the State Constitution
is silent upon whose declaration is needed. The Declaration of this
State Citizen and Defendant must suffice. In fact, who better to
have a direct challenge than a Citizens of the State?
Could the law be
any clearer? “...the supreme court then may give its binding
instruction or decide the case upon the whole record. “
Louisiana State Constitution. Article V section 11 (supra.) The only
difference here is who called the issue to the Jurisdiction of the
Supreme Court of the State of Louisiana. There can be no doubt that
the Supreme Court of the State of Louisiana has the power to “decide
the case upon the whole record. “
If this were not
jurisdiction enough, jurisdiction rests in the Supreme Court of the
State of Louisiana under Louisiana State Constitution Article V,
Section 5, (A), (B), and (F).
The Court of
Appeal, Fifth Circuit, State of Louisiana is incompetent to determine
if the State of Louisiana has a cause of action. Is there a valid
admiralty lien at all? Is Article VII Section 5 of the Louisiana
State Constitution unconstitutional? I did not appeal to the Supreme
Court of the State of Louisiana by accident. I did appeal to the
Supreme Court of the State of Louisiana according to law.
Now, eight days
after the Court of Appeal, Fifth Circuit, State of Louisiana has
ruled, at the request of the Supreme Court of the State of Louisiana,
the central staff does return my legally filed documents objecting to
the transfer of jurisdiction to an incompetent court telling me “
Your writ application was not transferred to the United States Court
of Appeal, Fifth Circuit, but to the State Fifth Circuit Court of
Appeal in Gretna. You must exhaust your lower court remedies before
coming to this Court. We are returning your motion.” The
Supreme Court of the State of Louisiana, by its own motion, did
exhaust the lower court remedy. Surely, when the Supreme Court of
the State of Louisiana does ask the Court of Appeal, Fifth Circuit,
State of Louisiana for an opinion one can not suppose that the Court
of Appeal, Fifth Circuit, State of Louisiana did not send the Supreme
Court of the State of Louisiana a copy of the opinion? They ruled
and sent one to me on the 12th day of March, 2007. The
very same day that I sent to you my objection to the transfer of
jurisdiction to an incompetent court that you have returned to me on
the 20th day of March, 2007. Could it be that the legal
education system has achieved the same high standards that the public
schools enjoy? Or, could it be that the central staff is trying to
cunningly coerce this State Citizen into a federal jurisdiction? By
what right and / or authority did the central staff make these
adjudgements that I do so strenuously object to?
Could this State
Citizen have inadvertently stumbled into a cabal of sworn associates
attempting to perpetuate an injustice, under color of law, from which
these sworn associates do profit? Could the central staff be trying
to tamper with the records of the Supreme Court of the State of
Louisiana to remove any record of my objection to the transfer of
jurisdiction, properly filed? How else could one explain the
adjudgements of the central staff and the fact that judges, in one
breath, ask: “Do you understand the charges against you?”
and in the next breath flatly refuse to disclose in what court we
stand and on what jurisdictional grounds I have been forced here, at
gun point, and on what cause of action, and who and where is the
plaintiff? Has no doctor of law and officer of the court, sworn to
uphold the Constitution, noticed that the right to travel seems to be
missing?
There can be no
doubt that I have a right to travel as the allodial owner of the
vehicle. I have not broken any of my rules and I have not prohibited
my use of the vehicle. Nor can it be denied that Article VII Section
5 of the Louisiana State Constitution did intentionally seek to
alienate me from my right to travel as La R.S. 32:25 does profess.
“Nothing in this Chapter shall be construed to prevent the
owner of real property used by the public for purposes of vehicular
travel by permission of the owner, and not as a matter of right, from
prohibiting such use, or from requiring other or different or
additional conditions than those specified in this Chapter, or
otherwise regulating such use as may seem best to such owner.”
La R.S. 32:25
Article VII,
Section 5 of the Louisiana State Constitution is unconstitutional. I
am the allodial owner of the vehicle, traveling as a matter of right.
No State has ever had a valid lien on my vehicle, admiralty or
otherwise. The State of Louisiana has never been a party to these
actions for lack of standing and lack of a cause of action. The
corporation called the Department of Public Safety and Corrections
has been enforcing, what it knows to be, an invalid lien, for profit.
There can be no
doubt that Article VII Section 5 of the Louisiana State Constitution
is unconstitutional. This section of the Constitution does impose
an unconstitutional lien on every vehicle by which I may exercise my
right to travel (including bicycle and ridden animal), and thereby,
by design and implementation, does strip this Citizen of my right to
travel and virtually every other right and does reduce him to either
a slave and bond servant of the State, the corporation known as the
Department of Public Safety and Corrections, the overseer, and the
Insurance industry or a prisoner in a walking distance prison.
There can be no
doubt that Article VII Section 5 of the Louisiana State Constitution
is unconstitutional. It does obviously emit a bill of credit
prohibited by Article 1 section 10 of the United States Constitution.
“-- Bill of credit. In constitutional law. A Bill or
promissory note issued by the government of a state or nation, upon
its faith and credit, designed to circulate in the community as
money, and redeemable at a future date.” Black's Law
Dictionary, third edition pg 221.
There can be no
doubt that Article VII Section 5 of the Louisiana State Constitution
is unconstitutional. It does create a feudal lord of travel, the body
corporate known as Department of Public Safety and Corrections (the
overseer of the State's plantation.) This overseer of the State's
property has demanded that Citizens bind themselves to service for a
term of years to the overseer of the State's property and further
bind themselves to service for a term of years to any corporation in
the insurance industry or be imprisoned in a prison, without charge
nor trial, whose bounding wall is the distance the Citizen can walk
in a day, or half that distance if a habitat is maintained. Should
this walking distance prisoner desire to travel further than the
bounds of the prison, the Citizen must be escorted by a slave / bond
servant of the State of Louisiana, body corporate known as the
Department of Public Safety and Corrections, overseer of the State's
property and people, and any corporation in the insurance industry.
I will now plagiarize the United States Declaration of Independence.
The history of the
present Feudal Lord of Travel, the corporation known as the
Department of Public Safety and Corrections, overseer of the State's
property, is a history of repeated injuries and usurpations, all
having in direct object the establishment of an absolute Tyranny over
the Citizens. To prove this, let the Facts be submitted to a candid
world.
“He has
erected a multitude of New Offices, and sent hither swarms of
Officers to harass our people, and eat out their substance.”
“For
depriving us in many cases of the benefits of Trial by Jury:
For transporting
us beyond Seas to be tried for pretended offenses:”
“He has
constrained our fellow Citizens taken captive on the high Seas...”
“In every
stage of these Supressions We have Petitioned for Redress in the most
humble terms. Our repeated Petitions have been answered only by
repeated injury, A Prince, whose character is thus marked by every
act which may define a Tyrant, is unfit to be the ruler of a free
people.”
Prudence, indeed,
will dictate that Governments long established should not be changed
for light and transient causes; and accordingly all experience hath
shown, that mankind are more disposed to suffer, while evils are
sufferable, than to right themselves by abolishing the forms to which
they are accustomed. But when a long train of abuses and
usurpations, pursuing invariably the same Object evinces a design to
reduce them under absolute Despotism, it is their right, it is their
duty, to throw off such Government, and to provide new Guards for
their future security.”
There can be no
doubt that the central staff, without authority nor right, did
illegally adjudge that the properly filed document entitled
“OBJECTION TO THE TRANSFER OF JURISDICTION FORM THE SUPREME
COURT OF THE STATE OF LOUISIANA TO THE UNITED STATES COURT OF APPEAL,
FIFTH CIRCUIT AND MOTION FOR SUMMARY JUDGEMENT” should not be
included in the official record of Supreme Court of the State of
Louisiana case, docket number 2007-KH-0131.
This State Citizen
does DEMAND that this properly filed document entitled “OBJECTION
TO THE TRANSFER OF JURISDICTION FORM THE SUPREME COURT OF THE STATE
OF LOUISIANA TO THE UNITED STATES COURT OF APPEAL, FIFTH CIRCUIT AND
MOTION FOR SUMMARY JUDGEMENT” be reintroduced into the record
bearing the date of the United States Postal Authority postmark of
March 12, 2007, the very day that the Court of Appeal, Fifth Circuit,
State of Louisiana did issue its opinion on the case properly before
the Supreme Court of the State of Louisiana, docket number
2007-KH-0131, at the request of the Supreme Court of the State of
Louisiana.
This Citizen of the
State does, again, move the Supreme Court of the State of Louisiana
to do its duty and obligation and render summary judgment, absent any
objection, declaring that Article VII, Section 5 of the Louisiana
State Constitution entitled “Motor Vehicle License Tax”
be declared null and void from its inception.
This Citizen of the
State does, again, move the Supreme Court of the State of Louisiana
to order the body corporate known as the Department of Public Safety
and Corrections to return my vehicle, at their expense, illegally
stolen from me, and also return, at their expense, the personal
property contained in my vehicle until such time as their ludicrous
claim of ownership can be established and due process had.
This Citizen of the
State does remind this Court and all parties notified that this
Citizen is still being held, illegally and under threat of illegal
incarceration, in this prison, and has been so imprisoned since the
21st day of December, 2006. My emergency evacuation
vehicle has been stolen and is currently being held for ransom
contrary to the rules of the overseer of the State's property and
people, by the overseer of the State's property and people, that body
corporate known as the Department of Public Safety and Corrections.
Even public transit service has not been restored to this area since
the flood. Should a disaster befall this area that would require
evacuation of the area am I to be left to die in the city. How many
of the people in the Superdome, Convention Center, and private
residences caught in the hurricane and government induced flood were
also left to die by the State and its overseer of the State's people
and property, the body corporate known as the Department of Public
Safety and Corrections.
As this “emergency
appeal” does drag on I do remind everyone notified that the
tyrant is stealing vehicles daily adding to the list of Citizens left
to die in a disaster. Every day the tyrant is, without cause of
action, stealing life, liberty and property from Citizens. Even the
children, which the State does seem to hold in such high esteem that
they have outlawed smoking in bars to save them from second hand
smoke, are to be abandoned to die in a disaster because the overseer
of the State's property and people has imposed such burdens and costs
that make owning an emergency evacuation vehicle impossible for their
parents, assuming that the body corporate known as the Department of
Public Safety and Corrections has not outright stolen their emergency
evacuation vehicle.
This State Citizen
does also remind all persons notified that this State Citizen did not
create this unpleasantness. He is just the first to fully decipher
the fraud perpetrated against him and his fellow citizens, and
refused to tolerate it.
Considering the
forgoing I am returning the legally filed objection and motion
entitled “OBJECTION TO THE TRANSFER OF JURISDICTION FORM THE
SUPREME COURT OF THE STATE OF LOUISIANA TO THE UNITED STATES COURT OF
APPEAL, FIFTH CIRCUIT AND MOTION FOR SUMMARY JUDGEMENT” to be
reintroduced into the record bearing the date of the United States
Postal Authority postmark of March 12, 2007, the very day that the
Court of Appeal, Fifth Circuit, State of Louisiana did issue its
opinion on the case properly before the Supreme Court of the State of
Louisiana, docket number 2007-KH-0131.
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 the legally filed objection and motion entitled
“OBJECTION TO THE TRANSFER OF JURISDICTION FORM THE SUPREME
COURT OF THE STATE OF LOUISIANA TO THE UNITED STATES COURT OF APPEAL,
FIFTH CIRCUIT AND MOTION FOR SUMMARY JUDGEMENT” be reintroduced
into the record bearing the date of the United States Postal
Authority postmark of March 12, 2007, the very day that the Court of
Appeal, Fifth Circuit, State of Louisiana did issue its opinion on
the case properly before the Supreme Court of the State of Louisiana,
docket number 2007-KH-0131, at the request of the Supreme Court of
the State of Louisiana.
this
______________ day of _______________________, 2007,
_____________________________________
JUDGE
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 enforcing the invalid lien. It
is further ordered that the corporate body known as the Department of
Public Safety and Corrections 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. It is further
ordered that the corporate body known as the Department of Public
Safety and Corrections do, at their expense, return to its rightful
owner all vehicles and property taken while enforcing an invalid
lien.
this
______________ day of _______________________, 2007,
_____________________________________
JUDGE
ORDER
It is
hereby ORDERED that the State of Louisiana do withdraw all
proceedings 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 until such time as a valid cause of action can be proved.
this
______________ day of _______________________, 2007,
_____________________________________
JUDGE
ORDER
It is
hereby ORDERED that the corporate body known as the Department of
Public Safety and Corrections do return, at their expense, 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 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
In honor
of the coming of Spring and the beautiful weather therein contained,
I do certify that I have openly and notoriously defied the tyrant and
did use my self propelled motor vehicle, commonly known as a bicycle,
of which I am the allodial owner, and did, without a slave / bond
servant escort, travel, as a matter of right, to the United States
Postal Authority where I did place into their custody a certified
letter, return receipt requested to each of the people listed below.
I did also send a second copy by first class mail, without
certification nor return receipt request, to the Supreme Court of the
State of Louisiana so that they may receive these documents as
quickly as everyone else. I have not included the document entitled
“OBJECTION TO THE TRANSFER OF JURISDICTION FORM THE SUPREME
COURT OF THE STATE OF LOUISIANA TO THE UNITED STATES COURT OF APPEAL,
FIFTH CIRCUIT AND MOTION FOR SUMMARY JUDGEMENT” to any party
but the Supreme Court of the State of Louisiana (in the certified
mailing, return receipt requested) as all parties have been
previously sent this document on the 12th day of March,
2007 and the return receipt has been received for all.
Supreme
Court, State of Louisiana
Clerk of
Court
400 Royal
Street, suite 4200
New
Orleans, LA 70130-8102
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
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