IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT AND IN FOR SAINT LUCIE COUNTY, FLORIDA

Transcription

1 1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT AND IN FOR SAINT LUCIE COUNTY, FLORIDA STATE OF FLORIDA ) CASE NO s: CFB (Plaintiff/Respondent) ) CT VS. ) 2005CT ) CF4217 ) 2007TR A1 ) 2007TR A1 ) 2010MM A ) 11CA2316 ) ) JUDGE: DAN VAUGHN Amunhotep El Bey ) (Petitioner/Secured Party/Affiant) ) ) AFFIDAVIT IN THE NATURE OF NOTICE OF INTENT TO SUE COMES NOW, the Affiant/Petitioner/Secured Party Creditor/Authorized Representative, Amunhotep El Bey, in Propria Persona (my own proper self), formerly known as the artificial person, EUGENE JAMES WILLIAMS, is a Noble of the Washitaw Nation of Muurs (Moors), better known as, Uaxashaktun de Dugdahmoundyah, also known as, Amurru Washitaw de Dugdahmoundyah, which is an off branch of the Kushite Empire, the Ottoman Empire, and the Songhai Empire, which later became the Al-Moroccan Empire; to wit: North, South, Central America, and including the adjoining Islands; upon his inherited Nobility, and upon his private Aboriginal/Indigenous, In Full Life, status and commercial liability, I, Amunhotep El Bey, being duly affirmed under Consanguine Unity; pledge my national, political, and spiritual allegiance to my Moabite/Moorish Nation; being the archaic Aboriginals/Indigenes of Amexem/Ameru/Amurru/Al-Moroco/Amaru-Ka/Amen-Ra-Ka (the Americas), standing squarely affirmed upon my Oath to the Five Grounds of Light - Love, Truth, Peace, Freedom, and Justice; deposes as follows under oath: The affiant is not a lawyer and his pleadings cannot be treated as such. In fact, according to Haines v. Kerner, 404 U.S. 519 (1972), a complaint, "however inartfully pleaded," must be held to "less stringent standards than formal pleadings drafted by lawyers" and can only be dismissed for failure to state a claim if it appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Id., at , quoting Conley v. Gibson, 355 U.S. 41, (1957). Indeed, no more than affidavits is necessary to make a prima facie case. (See United States v. Kis, 658 F. 2 nd, 526, 536 (7 th Cir. 1981): Cert Denied, 50 U.S.L.W. 2169; S. Ct. March 22, 1982.)

2 1.) The affiant gives notice that he intends to sue the State of Florida, Judge, Dan Vaughn, Record Clerk, Maria G., Magistrate Judge, Schwab, Magistrate Judge, T.H.O, Clerk of Court, Joseph Smith, and John Doe (unidentified Magistrate Judge), in their individual, official, and professional capacities; for committing Copyright Infringement, while acting under the Color of State Law. 2.) Notice is hereby given, that on August 16, 2011, the Affiant gave the State of Florida and its officials notice that any use of the Common-law-copyrighted/trade-name/trade-mark, EUGENE JAMES WILLIAMS, and any and all variations thereof, shall result in penalties of $1,000,000 (one million) US dollars per each occurrence. This notice was given in writing by means of Common Law Copyright Notice, filed August 16, 2011, in Circuit Civil Case Number 11CA2316 (see attached Common Law Copyright Notice). 3.) Thus far, the State of Florida, by and through its state actors/state officials: (Judge, Dan Vaughn, Clerk, Joseph Smith, Magistrate Judge, Schwab, Magistrate, T.H.O., and Record Clerk, Maria G.), have used the copyrighted name of EUGENE JAMES WILLIAMS, at least 14 times, without the expressed written consent of the Affiant, who is also the Secured Party Creditor/Authorized Representative, over the Estate of EUGENE JAMES WILLIAMS. Such action constitutes Copyright Infringement (breach of copyright contract) on their behalf. 4.) On May 10, 2012, the affiant received a back-dated unsigned letter from Joseph Smith, The Clerk of Court, filed by his agent, Record Clerk, Maria G. The said letter wasn t even signed by Maria G., who informed the affiant that a Magistrate Judge had denied affiant s dismissal request. (See attached May 1, 2012 letter by Maria G.) The judge was unnamed and the judge didn t sign the order. The affiant countered the said fraud, the letter, with a Motion to Dismiss: Sham Pleadings, filed on May 11, Notice the use of Eugene Williams in the attached May 1, 2012 letter. This was the first occurrence of Copyright Infringement from the State of Florida, by and through its state actors: Joseph Smith, Maria G, and John Doe (the unidentified Magistrate Judge); therefore, four (4) instances of Copyright Infringement occurred with the attached May 1, 2012 letter. According to the affiant s Copyright Contract, which is the attached Common Law Copyright Notice, he specifically indicated in other words that each use of EUGENE JAMES WILLIAMS, and any and all variations thereof, shall result in a penalty of $1,000,000 (one million) US Dollars. Their actions were willful because the affiant, the Secured Party Creditor, gave the State of Florida, and its state actors/state officials, public notice in writing, via US Mail, as is indicated by the Certificate of Service (see attached Common Law Copyright Notice), and the public Record, which is recorded in Amunhotep El Bey vs. STATE OF FLORIDA, Circuit Civil Case Number, 11CA2316. Legal Maxim: Notice to the Principal is notice to the agent. Notice to the agent is notice to the Principal. 5.) On June 1, 2012, the affiant received an order from Joseph Smith, the Clerk of Court, executed by, Judge, Dan Vaughn, on May 23, 2012 (see attached order striking Motion to 2

3 Dismiss Sham Pleadings; Motion to Consolidate; and Affidavit in the Nature of Writ of Error Coram Nobis & A Demand For Dismissal Or State The Proper Jurisdiction) The affiant voided this order on June 1, 2012 when he filed his Constructive Notice: In The Nature of Coram Non Judice. Notice the Caption of this order. It reads, STATE OF FLORIDA vs. EUGENE JAMES WILLIAMS. The said attached order is undisputable evidence of Copyright Infringement by the STATE OF FLORIDA, by and through its state actors: Joseph Smith, and Dan Vaughn, because it proves that they used the affiant s copyright without his expressed written consent; therefore, three (3) instances of Copyright Infringement occurred with the attached May 23, 2012 order by Judge Dan Vaughn. According to the affiant s Copyright Contract, which is the attached Common Law Copyright Notice, he specifically indicated in other words that each use of EUGENE JAMES WILLIAMS, and any and all variations thereof, shall result in a penalty of $1,000,000 (one million) US Dollars. Their actions were willful because the affiant, the Secured Party Creditor, gave the State of Florida, and its state actors/state officials, public notice in writing, via US Mail, as is indicated by the Certificate of Service (see attached Common Law Copyright Notice), and the public Record, which is recorded in Amunhotep El Bey vs. STATE OF FLORIDA, Circuit Civil Case number: 11CA2316. Legal Maxim: Notice to the Principal is notice to the agent. Notice to the agent is notice to the Principal. 6.) On June 2, 2012, the affiant received an order from Joseph Smith, Clerk of Court, which was executed by Magistrate Judge T.H.O., on May 29, 2012, denying Motion for Default Judgment. The affiant voided this order on June 4, 2012 when he filed his Notice To The Court: In The Nature of Coram Non Judice. Notice the Caption of this order. It reads, STATE OF FLORIDA vs. EUGENE JAMES WILLIAMS. The said attached order is undisputable evidence of Copyright Infringement by the STATE OF FLORIDA, by and through its state actors: Joseph Smith, and Magistrate T.H.O., because it proves that they used the affiant s copyright without his expressed written consent; therefore, three (3) instances of Copyright Infringement occurred with the attached May 29, 2012 order by Magistrate Judge T.H.O. According to the affiant s Copyright Contract, which is the attached Common Law Copyright Notice, he specifically indicated in other words that each use of EUGENE JAMES WILLIAMS, and any and all variations thereof, shall result in a penalty of $1,000,000 (one million) US Dollars. Their actions were willful because the affiant, the Secured Party Creditor, gave the State of Florida, and its state actors/state officials, public notice in writing, via US Mail, as is indicated by the Certificate of Service (see attached Common Law Copyright Notice), and the public Record, which is recorded in Amunhotep El Bey vs. STATE OF FLORIDA, Circuit Civil Case number: 11CA2316. Legal Maxim: Notice to the Principal is notice to the agent. Notice to the agent is notice to the Principal. 7.) The affiant received a letter from Joseph Smith, on June 12, 2012, which was executed by Magistrate Schwab, and Record Clerk, Maria G., (See attached June 12, 2012 letter) 3

4 4 which denied affiant s Motion for Change of Venue/Motion to Transfer. The affiant didn t take any rebuttal measures to this fraud, because Maria G., never produced the signed order by Magistrate Judge Schwab and nor did Judge Schwab have the jurisdiction to make a ruling upon a federal pleading, so affiant didn t waste his time with that fraud. Notice the use of Eugene Williams in the attached June 12, 2012, letter. The said letter is undisputable evidence of Copyright Infringement by the STATE OF FLORIDA, by and through its state actors: Joseph Smith, Magistrate Judge Schwab, and Maria G., because it proves that they used the affiant s copyright without his expressed written consent; therefore, four (4) instances of Copyright Infringement occurred with the attached June 12, 2012, letter by Magistrate Judge Schwab. According to the affiant s Copyright Contract, which is the attached Common Law Copyright Notice, he specifically indicated in other words that each use of EUGENE JAMES WILLIAMS, and any and all variations thereof, shall result in a penalty of $1,000,000 (one million) US Dollars. Their actions were willful because the affiant, the Secured Party Creditor, gave the State of Florida, and its state actors/state officials, public notice in writing, via US Mail, as is indicated by the Certificate of Service (see attached Common Law Copyright Notice), and the public Record, which is recorded in Amunhotep El Bey vs. STATE OF FLORIDA, Circuit Civil Case Number: 11CA2316. Legal Maxim: Notice to the Principal is notice to the agent. Notice to the agent is notice to the Principal. 8.) Altogether, there was 14 different occurrences of the use of affiant s copyright (EUGENE JAMES WILLIAMS) without his expressed written consent, by: The State of Florida, Judge, Dan Vaughn, Record Clerk, Maria G., Magistrate Judge, Schwab, Magistrate Judge, T.H.O, Clerk of Court, Joseph Smith, and John Doe (unidentified Magistrate Judge). Four (4) occurrences by the State of Florida, by and through the use of its state actors; four (4) occurrences by Clerk of Court, Joseph Smith; one (1) occurrence by Judge Dan Vaughn; one (1) occurrence by Magistrate T.H.O; one (1) occurrence by Magistrate Judge Schwab; one (1) occurrence by John Doe (Unidentified Magistrate Judge); and two (2) occurrences by Record Clerk, Maria G. According to affiant s math, he counted 14 different occurrences. According to contract, the Common Law Copyright Notice, each occurrence of the use of EUGENE JAMES WILLIAMS, and any and all variations thereof, without the expressed written consent from the affiant, Secured party Creditor, will result in a penalty of $1,000,000 (one million) US Dollars per occurrence (see attached Common Law Copyright Notice); therefore, altogether affiant is owed $14, 000,000 (14 million) US Dollars for all 14 different occurrences of the use of Affiant s copyright. Each party named herein owes one million dollars individually for each occurrence they made. 9.) Anyone refuting any of the aforementioned and/or the following issues must do so on the public record, in writing, by way of sworn written affidavit under penalties of an assessment of $1,000, for each issue and occurrence of perjury/false and misleading information, and or unproven misleading statements/assertions. No other

5 5 refuting documents will be accepted. Failure to respond within 10 days will be agreement and estoppel. Failure to respond will result in a legal action for Copyright Infringement being filed in Federal Court. Any offers of settlement must be done so in person or in writing and mailed to the affiant via US Mail. WHEREFORE, the affiant files this Notice in order to give notice to the parties and to perfect a legal action in Federal Court for Copyright Infringement, if it comes down to that. This notice is an attempt to resolve of this matter without legal action.

6 6 VERIFICATION STATE OF FLORIDA SS. AFFIDAVIT COUNTY OF SAINT LUCIE I, Amunhotep El Bey, pursuant to title 28, USC Section 1746 (1) and executed Without the United States, I affirm under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct, to the best of my belief and informed knowledge (All Rights Reserved Without Prejudice; U.C.C /1-308, U.C.C ). Signed on this day of 2012, by the undersigned authority: Secured Party Creditor/Authorized Representative All Rights Reserved Without Prejudice; U.C.C /1-308, U.C.C Amunhotep El Bey, affiant 1230 Avenue I Fort Pierce, FL. [34950].

7 7 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing affidavit has been furnished by US Mail to: The Clerk of The Circuit Court, P. O. Box 700, Fort Pierce, Florida, 34954; the State Attorney s Office, 411 South Second Street, Fort Pierce, Florida, 34950; the Office of the Attorney General, State of Florida, The Capitol PL-01., Tallahassee, FL ; the Florida Department of State, Secretary of the State, R. A. Gary Building, 500 S. Bronough, Tallahassee, FL ; The Governor of Florida, 400 S. Monroe St., Tallahassee, FL ; Joseph Smith, Clerk of the Circuit Court, P.O. Box 700, Fort Pierce, FL ; Dan Vaughn, 218 S. 2 nd St., Fort Pierce, FL ; Magistrate Judge/T.H.O., Saint Lucie County Annex, 250 N.W. Country Club Drive, Port Saint Lucie, FL ; Magistrate Judge Schwab, Saint Lucie County Annex, 250 N.W. Country Club Drive, Port Saint Lucie, FL ; and Record Clerk, Maria G., Saint Lucie County Annex, 250 N.W. Country Club Drive, Port Saint Lucie, FL , on this day of Respectfully Submitted by: Secured Party Creditor/Authorized Representative All Rights Reserved Without Prejudice; U.C.C /1-308, U.C.C Amunhotep El Bey 1230 Avenue I Fort Pierce, FL [34950].