JUDGES OF THE THIRD DISTRICT COURT OF APPEALS, ALLEN COUNTY, OHIO RESPONDENTS,

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1 Comes now, Relator, NICHOLAS J KINSTLE, ens legis, by and through, Authorir^^.,^^c ^' W ^?,6^4^ni" f^^ IN THE SUPREME COURT OF OHIO NICHCLAS J KINSTLE, RELATOR, CASE NO vs. ORIGINAL ACTION IN MANDAMUS JUERGEN A. WALDICK, PROS. AIT' Y, AS STATE OF OHIO and JUDGES OF THE THIRD DISTRICT COURT OF APPEALS, ALLEN COUNTY, OHIO RESPONDENTS, JU^i^^ 0'l^^^ 2^'^;a C 3 E IR K (); 'G'0 u P T :' F`^"s t ^; ''^<s'e u^ 4s ^"'' :^;^^,r :,^;'s'f i ^is MOTION FOR.DEFAULT JUDGMENT AGAINST STATE OF OHIO JUERGEN A. WALDICK PROSECUTING ATTORNEY F v,:s :,^: s' s0 ' ^^^ ized Representative, Nicholas-Joseph: Kinstle Secured Party Creditor, by special appearance and not in general, who hereby responds to STATE OF OHIO CHIEF ASSISTANT PROSECU`IC)R GREGORY M. ANTALIS # , acting as counsel for STATE OF OHIO PROSECUTOR JUERGEN A. WALDICK, RESPONDENT HEREIN, and their specious activities, as the Ohio Revised Code requires the Attorney General to represent PROSECUTING ATTORNEY's of the state, such as JUERGEN A. WALDICK, which this court is well aware of. Relator requusik a Motion For Default Judgment against RESPONDENT JUREGEN A. WALDICK is ripe on JUne 1, 2013, for an Order to be granted in Relators favor for Default Judgment, as 21 days has passed since the May 10, 2013 journalization date, due to the fact PROSECUTOR WALDICK FAILED TO COME FORTH with proper counsel, through the Attorney General Office of RICHARD ' MIKE" DEWINE. RELATOR seeks NIHIL DICIT JUDGMENT in Relators favor as follows: 1. RESPONDENT WALDICK has proven the need for removal of all judges and Prosecutor's in actions involving RELATOR in county of Allen, state of Ohio, as Waldick has "failed his duty entrusted to him' as Prosecutor of STATE OF OHIO,

2 _., operating the county of Allen Office. Pros. Att'y Waldick is a RESPONDENT in the capacity of STATE OF OHIO, and is not ALLEN COUNTY PROSEC[ITOR, Waldick acts in and as the STATE OF OHIO, therefore the STATE OF OHIO is named as the RESPONDENT, through WALDICK"S Office, which requires the ATTORNEY GENERAL to respond as "legal" or authorized Representative of RESPONDENT WALDICK. The response by CHIEF ASST. PROS. GREGORY ANTALIS is no responsc. whatsoever in an offici.al capacity, pursuant to law, which this Court is well aware of. CHIEF ASST. ANTALIS has misinterpeted the law, in acting as counsel for PROS. ATT'Y WALDICK, has misinterpeted the writ itself, and has misrepresented the documents are not signed, as they are signed by RELATOR in all capital letter format, by and through, Authorized Representative Nicholas-Joseph: Kinstle, as the ens legis is a creature of law, absent a bodily form. Also, Antalis purports the UCC is only permitted on UCC filing documents, such declaration is false, as it is acceptable on any instrument. Criminal matters are commerce, or commercial transactions. See, 27 CFR The respondent for Waldick has at-tourned the facts around speciously, to distort the facts and law. Thus, Antalis proves the need for a special prosecutor be appointed in the CR action, and need for a NEW TRIAL, and Change of Venue. Also, proving a need for a change of venue for an appeal in another District Court or need for special visiting Judges to review the Appeal in Cause No It is impossible to receive a.fair appellate review in the Third District Ct, by the current Judges Rogers, Willamowski and Preston, as they are debtor's to Kinstle the man, as they was recipients of the "Affidavit of Specific liegative Averment, Opportunity To Cure and Counterclaim" documents, filed under Rule 9 of the Federal Court's, In Admiralty, as Federal Rules apply in Admiralty Actions, Kinstle had the right to pick his Court to come in, via a counterclaim. Which is a "NEW ACTION". Article II, 26 requires that "all laws, of a general nature, shall have a uniform operation throughout the state." Asst. Pros. ANTALIS is not permitted to invoke the ^Nxzdzakzmx jurisdiction of this Court, to rule or act in any

3 form. Pursuant to R.C , a prosecuting attorney has the duty, upon request, to advise and represent a judge of the Court of Common Pleas of his county, as may be appropriate, in connection with a situation in which an affidavit of bias and prejudice has been filed against the judge, and also has the duty to represent the bailiff of that judge, as may be appropriate, if the bailiff is deposed in connection with.the affidavit of bias and prejudice. Meaning that the Prosecutor is counsel for the Judge, creating a situation that their is not a court of record established when the PIIAINTIFF and COURT/JUDGE are on the same team, which creates the gamesmanship, that has errupted from the CR rial, as well CR Trial, and CV and CV Foreclosures. The entire common pleas court system and prosecutor office of JUER:GEN A. WALDICK is acting speciously, as renegade Att'ys, out of control, nor disciplined, left going unchecked. Which it is the Attorney General RICIIARI) "MIKE" DEGIINE duty to manage and represent WALDICK in matters such as this, and to train Waldick to allow WALDICK to train ANTALIS his subordinate. The Ohio Constitution has been tranpled on by WALDICK AND ANTALIS, and the civil rights of RELATOR and Auth. Rep. Kznstle have been ignore and/or violated altogether in the CR Action, Denied Face to Face confrontation, denied the exculpatroy evidence produced on August 23, 2012 in Court of CV , rescinding the possessory rights of county of Allen, due to WALDICK's and JUdge WARREN's failure to review the work product of SHERIFF CRish OFFICE concerning the CV Foreclosure Action against Relator's 3320 Swaney Road Property in county of Allen. As the CR Action ix involved INTIMIDATION of Public Officials and witnesses in the CR ARSON (acquitted) and TRES- PASS ACTION, which must be reversed as Kinstle could not have possibly TRESPASSed on his own 3320 Swaney Rd property, on August 1, 2010, as accused, since RElator was owner, and Secured Party Kinstle was Equity owner thereof. NO Public Official or witness in CR had a duty to testify against RELATOR or Kinstle, as the entire Action was unlawful and unconstitutional, as Kinstle was

4 the true and correct "Legal" and "Equity" owner of 3320 Swaney Road property which he was seeking discovery held by Pros. Waldick, Miller and Antalis that supported Kinstle s animus in seeking discovery to prove PROSECUTOR'S OF STATE OF OHIO was vindictively, knowingly, recklessly, in bad faith, wantonly withholding the fact that the foreclosure Order was not a`gfznal RDER" to corrmence a SHERIFF SALE upon, or to enter a FORFEITURE ORDER upon, as the CV FORECLOSURE ORDRR WAS VOID. Therefore, none of the 23 accuser's of RELATOR had no duty to testify against RELATOR in CR , nor claim they was denied a duty Nk or otherwise. RELATOR suppliments his Affidavit by the attached Affidavit herein. For the various reasons stated herein, and those submitted in the attached Affidavit, the RELATOR is entitled to relief by this WRIT OF MANAAMUS, as the judgment of the Court of Appeals Judges is clouded by Judicial Bias and Prejudice, and personal financial conflict of interest by the Nihil Dicit Judgment for default in answering the "Affidavit of Specific Negative Averment, Opportunity to Cure and Counterclaimd' document served upon Judge Rogers, ljillamowski, Mag. Gregory Miller, and the Third District Court itself. These Appellate Judges held exculpatory evidence that would have exonerated RELATOR from the bogus ARSON/TRESPASS charges in CR , and intentionally withheld such to allow RELATOR to be tried, convicted and sentenced and forced to have the Authorized Representative serve 120 days for the conviction/sentence, knowing Relator was the rightful owner of the 3320 Swaney rd, Allen Cty, Ohio property. And denied Relator his right to file an appellate brief with the information held in the Transcript's of ALL proceedings in CR , and the case file of ATTY JOHN A. SABOL, by not compelling SABOL to turn the case file over to Kinstle to compile an Appellate Brief. Wherefore, RELATOR seeks a Nihil Dicit Judgment of Default against STATE OF OHIO PROSECUTOR JUERGEN A. WALDICK, for not responding through the Attorney General Office of RICHARD "MIKE" DEWINE, within the 21 day time limit.

5 Submitted First Day of Sixth Month, Wo Thousand Thirteen, A.D. NICHOLA.S J KINSILE ens legis, Authorized Representative, Secured Party Creditor "Good As Ava l UCC-3-402(1)(A) c/o Kinstle #A , Pickaway Corr. Inst. P.O. Box 209, Orient, Ohio state; near [43146] Phone: Certificate of service The undersigned certifies a copy of the foregoing was sent to Prosecutor Waldick and,3udges of Third District Court of Appeals, by and through STATE OF OHIO, O.D.R.C. Mailroom, postage paid, beyond the control of RELATOR, on tne above cdate. NI9IOLAS J KINS'ILE, ens legis, By:^ Authorized 'Good As Aval", UCC-3-402(1)(A) Representative, Secured Party Creditor

6 A:E.E'IDAVTT OF "TRUM OF NTCHOIAS J KIN5TU State of Ohio } ) ss: County of Pickaway ) I, NICHOLAS J KINSTLE, Affiant, comes by and through Athorized Representative Nicholas-Joseph: Kinstle, being first duly sworn, or affirmed, that the following information is true and correct to the facts represented herein, to the best of my first hand personal knowledge available to me at this time. 1. I, Affiant, Nicholas-Joseph: Kinstle am sui juris, an american born natural man, of the state of Ohio republic. 2. That, the Judges of the Ohio Third Appellate District Court of Allen County are judicially and have a personal financial bias and prejudice against Relator and the Authorized Representative Kinstle, due to the CR Action in Allen County Common Pleas Court, as the Appellate Court of the Third District was served a Rule 9, Rules of Federal Court, In Admiralty Jurisdiction, "Specifie Negative Averment", which they assert was "materially false and fraudulent"" but, was infact true and correct as none of the recipients thereof challenged any of the averments, in a timely manner per federal Rules of Court, which are recognized by Common Pleas Court's in Ohio, when the Third Party Plaintiff comes in Admiralty Jurisdiction, under common law. A Nihil Dicit Judgment is in process, but has been incomplete due to incarceration by the recipient's. The Process was brought under the guidelines of a R.C Interrogatory, by Affidavit, which one using this Rule 9/R.C legal process cannot be prosecuted for seeking discovery under R.C (C). 3. That, RElator and Auth. rep. are incarcerated wrongfully for filing the Rule 9/R.C process under the law, due to the hands of Prosecutor Waldick and his Asst Pros. Anthony J. Miller and Antalis, even though it is contrary to the Ohio General Assemblies infinite wisdom to make such legal process of filing a complaint against governmentpto seek discovery held by that government entity, wha.ch ;_ta^legal process under Rule 9, that could exonerate the actor from malicious prosecution, such as it was in the CR Action in Allen Cty, Com. Pl. Ct. 4. That, Affiant states Relator is entitled to a fair appellate review in the Third District Court of Appeals, Allen County, as others similarly situated, as Judicially bias and.prejudiced judges are removed voluntarily from an appeal when such are suffering from a conflict with a party involved. Relator seeks appellate review in an unbias court, and should not have to continue proceedings in another Court to only come back to the Court in which it began. Relator seeks to have all Third District Appeals Judges and Comnon Pleas Court Judges of Allen County barred from any actions in which Relator or the Authorized Representative are involved, and are seeking to have the Appeal accepted in the Third District Court in the Cause No.: , and to have the precedent set in the CV Cause of Action branded Relator a Vexatious Litigator, the common law of the case, as Judge Jeffrey L. Reed's intent was to only restrict Relator from filing in common pleas courts, and an Appeal is not subject to the vexatious litigator statutes. 1

7 S. That, On or about, June 27, 2011, Judge Jeffrey L. Reed, of the CV Court of Allen Cty Com. P1. gave sworn testiminy in the Allen Cty Com. Pl. Ct. of Action No.z CR Trial of Relator for Intimidation. at page No.57, beginning at line 22, Att'y for Defense Kenneth Rexford Questions Judge Reed, Q. ' Okay, and then it says making application for leave to proceed under Div. (F)(1). And, that's the decision with regard to vexatious litigator. In any ].egal proceedings instituted by him or another person in any common pleas court. So, Appeals wouldn ` t be covered by this?" Reed Answer: No. Q. Tax Court, Federal Court, anything of that nature/ A."Just Common Pleas Court." `lherefore, the law of the case 'Common Law", is No Application For Leave of Court to file an appeal is required. Therefore, the Appellate Court cannot den* accessto their Court by this Vexatious Litigator Statute, and must follow the case law set by Judge Jeffrey L. Reed. Wherefore, the Writ.rnust be granted in Relator favor to compel the Appellate Court to file the Appeal in its docket, and seek visiting Judges to hear the case, that are not involved in the cause of Action itself. Order the Supreme Court can grant an Order that it will hear the action directly, to establish a Court of Record, therefore, an "Appeal of Right" can be accorded to IMiUM RELATOR as law proscribes, as a Supreme Court of Ohio Appeal is discretionary, and is not automatic as Asst. Pros. Antalis indicates, it is not one of right. Therefore, if the Supreme Court of Ohio is willing to grant an Appeal of Right in this unique circumstance, M no avenue is available in the District Court level, it may do so in this Mandamus Action, and assign an appeal number herein, to allow a Brief to follow in a specific time set by the Supreme Court of Ohio. 6. That, the sole relief left to REI,ATOR is to file a class of one action in the Federal Court's to bring anends to injustice in Allen County, Ohio, by the renegade vindictive public officials, doing so will afford a COURT OF RECORD as justice permits. 7. That, all documents are properly signed in this action No , as the RE.LATOR is a fiction of law, which the STATE PROSECUTOR WALDICK sued, and is only represented by authorized representatives at any time A entertains in commerce. All Court proceedings are.commercial Trar^actions under 27 CFR 72.11, when they are criminal cases, involving money, or currency, legal tender or lawful tender, gold, silver, promissory notes, whether private or issued by FEDERAL RESERI7E SYSTII.K of UNITED NATIONS. RELATOR was sentenced for dishonor in commerce, thus. the STATE OF OHIO can only sue the ens legis fiction NICHOLAS J KINSTLE, as the foreign state STATE OF OHIO is not the republic state of Ohio found.at Article IY,Section 20,. Ohio Constitution. As Kinstle the man, is afforded his power at Article T, 20. Therefore, the Corporate Court Judge Reed declared to exist in his June 22, 2010 Order in the CV Foreclosure Action is the foreign corporation of Washin ton, District of Columbia, which requires the Foreign Sovereign Immunity Act ^F.S.I.A.) documents to be filed prior to any criminal proceedings being sought against the natural man Nicholas-Joseph: Kinstle. NICHOLAS J KINSTI.E ens legis, Affiant, further saith naught. By' Rep. SWorn or S cribed before Me this -2-Lday of May, Two thousand thirteen. NOTARY PUBLIC SEAL: A B IFaBp1s", A L EIiNEST ki. ^.?;AN-DRtDGE NL3TfORY PUBLIC FOR THE STATE OF OHIO {Ufy Commission Expires ' 4.,y ^..^.^ y<ṙ iv4vember 28, 2017 a^l ^a ; 0