IN THE UNITED STATES DISTRICT FOR THE EASTERN DISTRICT OF TEXf,11$. : LUFKIN DIVISION [.Ir... SEP

Transcription

1 IN THE UNITED STATES DISTRICT FOR THE EASTERN DISTRICT OF TEXf,11$. : LUFKIN DIVISION [.Ir... SEP Clerf.c CJ UNITED STATES OF AMERICA, '.s. Distr; --:::: Te-.ir.as J::_ ct Court Plaitiff, v. CIVIL ACTION NO.: 9:14-CV-138 JOHN PARKS TROWBRIDGE, JR., et al, Defedats..-.. l' ; {'f '."- - ;;; /..... DEMAND FOR DISMISSAL, WITH PREJUDICE, OF THIS ALLEGED CASE FOR LACK OF CONSTITUTIONAL AUTHORITY THAT GIVES THE COURT THE CAP A CITY TO TAKE JURISDICTION AND ENTER JUDGMENTS, ORDERS, AND DECREES IN FAVOR OF THE UNITED STATES ARISING FROM A CIVIL OR CRIMINAL PROCEEDING REGARDING A DEBT, IN TYLER COUNTY, TEXAS The Court, havig bee give reasoable opportuity to produce the costitutioal authority that gives the Court the capacity to take jurisdictio ad eter judgmets, orders, ad decrees i favor of the Uited States arisig from a civil or crimial proceedig regardig a debt, i Tyler Couty, Texas, i.e., the geographic area i which the alleged defedat, JOHN PARKS TROWBRIDGE, JR. ("Trowbridge"), resides ad the real property that is the object of the istat alleged lawsuit is located-which citatio of authority would have revealed the particular ad heretofore ukow form of law uder which the Court is seated-, but havig failed to produce such costitutioal authority, it is reasoable to coclude that o such authority exists ad there is o lawful basis for said lawsuit; to wit: De o apparetibus et o existtibus eadem est ratio. The law is the same respectig thigs which do ot appear ad thigs which do ot exist. Joh Bouvier, Bouvier's Law Dictioary, Third Revisio (Beig the Eighth Editio), revised by Fracis Rawle (West Publishig Co.: St. Paul, Mi., 1914), p Idem est o probari et o esse ; o deficit jus sed probatio. What is ot proved ad what does ot exist, are the same ; it is ot the defect of the law, but of proof. Id. at 2136.

2 DEMAND FOR RELIEF WHEREFORE, Trowbridge hereby Demads the Court: 1. That the Court immediately dismiss with prejudice the istat alleged lawsuit as ulawful for the Court's lack of costitutioal authority to take jurisdictio ad eter judgmets, orders, ad decrees i favor of the Uited States arisig from a civil or crimial proceedig regardig a debt, i Tyler Couty, Texas; 2. That the Court award Trowbridge reasoable costs of $22,000 for defedig this ulawful lawsuit over the last 14 moths; 3. That the Court award Trowbridge exemplary damages of $22,000 for coductig ad refusig to dismiss the istat ulawful, ucostitutioal proceedig agaist Trowbridge for the last 14 moths despite multiple valid ad coclusive motios to dismiss for lack of jurisdictio filed by Trowbridge ad o evidece of jurisdictio i the record of said proceedig; 4. That the Court order vacated as ulawful ad void the May 23, 2014, Ameded Fial Judgmet ad Order of Sale ad Vacature i the predecessor alleged lawsuit to the istat alleged lawsuit, i.e., Uited States District Court for the Souther District of Texas, Housto Divisio Civil Actio H ("Civil Actio H-14-27"), for lack of costitutioal authority that gives the district court i Civil Actio H the capacity to take jurisdictio ad eter judgmets, orders, ad decrees i favor of the Uited States arisig from a civil or crimial proceedig regardig a debt, i Harris Couty, Texas; ad i respect thereof, that the Court order said district court to pay to Trowbridge costs, restitutio, ad damages as set forth herei below-substatiatio ad proof of which is attached hereto, made Demad for Dismissal, with Prejudice, of this Case for the Court's Lack of Costitutioal Authority Page 2 of3

3 fully part hereof, ad icorporated herei by referece i the form of Trowbridge's September 9, 2015, MOTION TO VACATE JUDGMENT AND ORDER i Civil Actio H-14-27; specifically: (a) reasoable costs of: (i) $27,500 i Civil Actio H-14-27; (ii) $42,500 i Uited States Court of Appeals for the Fifth Circuit No , ad (iii) $72,500 ($35,000 for Petitio for Writ of Certiorari ad $37,500 for Petitio for Rehearig) i Supreme Court of the Uited States No ; (b) restitutio i the amout of $620,600 ($357,000 i real property, $263,600 i persoalty) for Trowbridge's loss ofreal property ad irreplaceable persoalty as a cosequece of the aforesaid ucostitutioal May 23, 2014, Ameded Fial Judgmet ad Order of Sale ad Vacature; ( c) special damages of $11, (receipts attached); (d) exemplary damages of $773,100; ad (e) geeral damages of $250,000; ad 5. For such other ad further relief that the Court may deem just ad fair. DATE: September 29, 2015 Jo Parks Trowbridge, Jr Memorial Boulevard #205 Demad for Dismissal, with Prejudice, of this Case for the Court's Lack of Costitutioal Authority Page 3 of3

4 UNITED STATES OF AMERICA, v. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Plaitiff, JOHN PARKS TROWBRIDGE, JR., et al, Defedats. Civil Actio H a... lfl --:: SEP Og 2015 MOTION TO VACATE JUDGMENT AND ORDER Joh Parks Trowbridge, Jr. ("Trowbridge") hereby appears specially ad respectfully moves the Court to vacate as void the May 23, 2014, Ameded Fial Judgmet (the "Judgmet") ad Order of Sale ad Vacature (the "Order") (copy of each attached) i the above-captioed matter ("Civil Actio H-14-27"), for havig bee etered i a maer icosistet with due process oflaw, as provided i Federal Rules of Civil Procedure 60(b)(4). Upo Trowbridge's March 19, 2014, Motio to Dismiss for Lack of Jurisdictio (Dkt. #18), there beig o evidece oftrowbridge's residece i geographic area i which this Court of geeral jurisdictio is authorized by the Costitutio to hear ad decide cases, the Court showed partiality toward plaitiff Uited States (the "Plaitiff') ad bias agaist Trowbridge by: 1. Commadig sua spote, both verbally (Dkt. #30, pp of 19) ad i writig (Dkt. #2 l ), i exercise of geeral jurisdictio, that Plaitiff must promptly eter i evidece oe oftrowbridge's Form 1040 U.S. Idividual Icome Tax Returs, which the Court would use sub siletio as evidece of a purported cotractual I quasi-cotractual right to hear ad decide Civil Actio H-14-27, which purported right the Court would call "jurisdictio," to justify (a) deyig said motio to dismiss, (b) exercisig jurisdictio i geographic area fixed by the Costitutio exclusively for courts of special jurisdictio, ad (c) eterig the Judgmet ad Order;

5 2. Refusig-by way of deial of Trowbridge 's express May 8, 2014, Request for a Explaatio of the Reaso/or the Court's Deial of Defedat's March 19, 2014, Motio to Dismiss (Dkt. #39)-to disclose that the Fo 1040 U.S. Idividual Icome Tax Retur that the Court commaded sua spote be promptly etered i evidece, was the oly evidece the Court was usig, sub siletio, as "proof' that Trowbridge resides i a geographic area i which the Court is authorized by the Costitutio to exercise geeral jurisdictio; 3. Deigratig Trowbridge ad accusig Trowbridge of actig i bad faith (Dkt. #57 p. 3 of 9) for acts amoutig to othig more tha exercise of Trowbridge' s legal rights; 4. Eterig Judgmet (Dkt. #53) sua spote without regard for Plaitiffs uresolved April 4, 2014, motio for summary judgmet (Dkt. #19); ad 5. Rejectig ad foreshorteig sua spote by more tha 50% the amout of time Plaitiff stated Plaitiff was prepared to give Trowbridge to gather Trowbridge's belogigs (Dkt, #57 pp. 3-4 of9) ad vacate Trowbridge's home i respect of the Order-i.e., from 30 days to 14 days (Dkt. #54, p. 3 of 4)-a expedited process the omissio of which would have worked o meaigful ijury to Plaitiff's iterests but which, followig the Court's May 27, 2014, Order Deyig Stay (Dkt. #60) oftrowbridge's Emergecy Motio for Stay of Executio of Order of Sale ad Vacature Pedig Exhaustio of Remedy (Dkt. #56), resulted i tremedous persoal ad professioal hardship o Trowbridge ad the six people who work for ad deped o Trowbridge for a paycheck (ad the patiets who receive medical care from Trowbridge), as well as loss of a substatial portio of Trowbridge' s persoalty ad irreplaceable items of setimetal value accumulated over a lifetime, due to a shortage of time to remove them. The above-cited acts ad omissios reveal that ( 1) the Court, ot Plaitiff, prosecuted Civil Actio H-14-27, (2) the Court committed fraud upo the court, (3) Trowbridge did ot Motio to Vacate Judgmet ad Order Page2of19

6 have a fair proceedig, ad (4) the Judgmet ad Order were etered i a maer icosistet with due process oflaw; to wit: Oe of the very objects of law is the impartiality of its judges i fact ad appearace... The relevat cosideratio uder 455(a) is the appearace of partiality... ot where it origiated or how it was disclosed.... Liteky v. Uited States, 510 U.S. 540, 558 (1994). A fair trial i a fair tribual is a basic requiremet of due process. Fairess of course requires a absece of actual bias i the trial of cases... [T]o perform its high fuctio i the best way 'justice must satisfy the appearace of justice." Offutt v. Uited States, 348 U.S. 11, 14. I re Murchiso, 349 U.S. 133, 136 (1955). Fraud o the court {other tha fraud as to jurisdictio) is fraud which is directed to the judicial machiery itself ad is ot fraud betwee the parties or fraudulet documets, false statemets or perjury... It is thus fraud where the court or a member is corrupted or iflueced or ifluece is attempted or where the judge has ot performed his judicial fuctio--thus where the impartial fuctios of the court have bee directly corrupted. Bulloch v. Uited States, 763 F.2d 1115, 1121 (10th Cir., 1985). The right to a tribual free from bias or prejudice is based, ot o sectio 144, but o the Due Process Clause... Uited States v. Sciuto, 521 F.2d 842, 845 (7th Cir., 1976). The Court is authorized ad required to vacate judgmets ad orders etered i a maer icosistet with due process oflaw; to wit: A judgmet is void if the court that redered it... acted i a maer icosistet with due process. Margo/es v. Johs, 660 F.2d 291 (7th Cir. 1981) cert. deied, 455 U.S. 909, 102 S.Ct. 1256, 71 L.Ed.2d 447 (1982); I re Four Seasos Securities Laws Litigatio, 502 F.2d 834 (10th Cir.1974), cert. deied, 419 U.S. 1034, 95 S.Ct. 516, 42 L.Ed.2d 309 (1975). Mere error does ot reder the judgmet void uless the error is of costitutioal dimesio. Simer v. Rios, 661 F.2d 655 (7th Cir.1981 ), cert. deied, sub om Simer v. Uited States, 456 U.S. 917, 102 S.Ct. 1773, 72 L.Ed.2d 177 {1982). Klugh v. Uited States, 620 F.Supp. 892 (1985). We believe that a judgmet, whether i a civil or crimial case, reached without due process oflaw is without jurisdictio ad void... because the Uited States is forbidde by the fudametal law to take either life, liberty or property without due process oflaw, ad its courts are icluded i this prohibitio.... Bass v. Hoaglad, 172 F.2d 205 (5th Cir.), cert. deied, 338 U.S. 816, 70 S.Ct. 57, 94 L.Ed. 494 (1949). Motio to Vacate Judgmet ad Order Page 3of19

7 [I]f a is void, it is a per se abuse of discretio for a district court to dey a movat's motio to vacate the judgmet." Uited States v. Idoor Cultivatio Equip.from High Tech Idoor Garde Supply, 55F.3d1311, 1317 (7th Cir.1995). A judgmet is void ad should be vacated pursuat to Rule 60(b)(4) if"the court that redered the judgmet acted i a maer icosistet with due process of law." Id at 1316 (citatios omitted)... Price v. Wyeth Holdigs Corp., 505 F.3d 624 (7th Cir., 2007). "[D]eyig a motio to vacate a void judgmet is a per se abuse of discretio.'' Burrell v. Hederso, et al, 434 F.3d, 826, 831 (6th Cir., 2006). BACKGROUND Civil Actio H is a alleged Federal debt collectio proceedig whose subject matter is alleged icome tax liability, ad a actio to foreclose o alleged federal tax lies recorded by claimat Uited States agaist real property owed by Trowbridge ad arisig from alleged upaid federal icome truces, pealties, ad iterest assessed agaist Trowbridge by the Iteral Reveue Service for true years totalig (as of September I, 2013) $3,286, (Dkt. #1, pp. 1-2of3). The record of Civil Actio H is devoid of competet proof, i.e. material evidece, that Trowbridge has actual residece i ay geographic area i which a court of geeral jurisdictio, such as this Court, is authorized by the Costitutio to exercise jurisdictio. The oly material fact i the record of this case relevat to the allegatio, "Defedat, Joh Parks Trowbridge, Jr., resides withi the jurisdictio of this Court., (Dkt. #I, p. I of3), is that Trowbridge resides i Harris Couty, Texas (Dkt. #19-7, p. 4 of27; Dkt. #19-8, p. 5 of28). The essece of this case is this Court's (1) derelictio of its duty to kow, uderstad, ad declare the law i respect of the cotrollig defiitio ad meaig of the term "Uited States," as legislated by Cogress i 26 U.S.C. 7701(a)(9) ad 28 U.S.C. 3002(15), (2) deigratio of Trowbridge for exclusive reliace o ad usage of said cotrollig defiitio ad meaig i all oftrowbridge's filigs, ad (3) isistece that the Court, a court of geeral Motio to Vacate Judgmet ad Order Page 4of19

8 jurisdictio, has authority to hear ad decide cases i geographic area fixed by the Costitutio exclusively for courts of special jurisdictio; specifically, Harris Couty, Texas. The Court states durig a hearig o May 21, 2014, "But I coclude as a matter of law that North [sic 1 ] Harris Couty [Texas] is part of the Uited States" (Dkt. #57, p. 3 of 9), thereby, evidetly, iferrig that Trowbridge, who resides i orth Harris Couty, Texas, is a residet of the Title 26 U.S.C. "Uited States"-ejfectively the District of Columbia oly-ad therefore of the subject, ad Trowbridge's property of the object, of Title 26 U.S.C. The Court o May 23, 2014, i: (1) the Court's Judgmet" (Dkt. #53) awards to Plaitiff $3,326, oftrowbridge's property, plus statutory additios accruig after April 7, 2014; authorizes Plaitiff to foreclose the subject lies; ad awards to Plaitiff all right, title, ad iterest i, ad right to possessio of, said real property, ad (2) the Court's Order (Dkt. #54), sets the parameters therefor. The Court expedites Trowbridge's evictio sua spote (Dkt, #57 pp. 3-4of9; Dkt. #54, p. 3 of 4) ad deies Trowbridge's motio to stay the Order. (Dkt. #60). ARGUMENT A. The Court Deied Trowbridge The Costitutioal Right or Due Process or Law. 1. The Court deied Trowbridge the costitutioal Right to have the istat cotroversy beard ad decided by a Federal trial court of special jurisdictio. FEDERAL TRIAL COURTS OF GENERAL JURISDICTION. Courts that hear both civil ad crimial matters are courts of geeral jurisdictio; to wit: The Uited States District Courts are trial courts. Trial courts, as opposed to appellate courts, are courts that hear both civil ad crimial cases through examiatio ad cross-examiatio by attoreys... The Oxford Compaio to America Law, Kermit L. Hall, editor i chief (Oxford Uiversity Press: Oxford, 2002), p. 175 (s.v. "Courts, Uited States"). 1 Whereas, there is o perso by the ame "North Harris Cour:ity," "North" appears to be a error o the part of the Official Court Reporter ad should be spelled with a lower-case "." Motio to Vacate Judgmet ad Order Page S of 19

9 The Uited States district courts are the trial courts of the federal court system. Withi limits set by Cogress ad the Costitutio, the district courts have jurisdictio to hear early all categories of federal cases, icludig both civil ad crimial matters. USCourts.gov, "District Courts," FederalCourts/U derstadigthef ederalcourts/districtcourts.aspx (accessed March 18, 2015) Defiitios As used i this chapter:... (2) "Court" meas ay court created by the Cogress of the Uited States, excludig the Uited States Tax Court. (3) "Debt" meas-... (8) a amout that is owig to the Uited States o accout of a[ ] assessmet, pealty... iterest, tax... recovery of a cost icurred by the Uited States, or other source of idebtedess to the Uited States (8) "Judgmet" meas a judgmet, order, or decree etered i favor of the Uited States i a court ad arisig from a civil or crimial proceedig regardig a debt. Title 26 U.S.C. Chapter 176 Federal Debt Collectio Procedure O the federal level, the district courts are courts of geeral jurisdictio... West's Ecyclopedia of America Law, Volume 6 (West Group: St. Paul, Mi., 1998), p The best-kow courts are courts of GENERAL JURISDICTION, which have ulimited trial jurisdictio, both civil ad crimial, withi their jurisdictioal area. At the federal level, these are called DISTRICT COURTS... Id. at Volume 9, p FEDERAL TRIAL COURTS OF SPECIAL JURISDICTION. That certai Costitutio ordaied, established, ad implemeted March 4, 1789, Idepedece Hall, Philadelphia Pesylvaia (the "Costitutio"), creates the federal judicial power i Article 3 1 ad defies the maximum extet of that power i Article 3 2(1); to wit: Sectio. 1. The judicial Power of the Uited States shall be vested i oe supreme Court, ad i such iferior Courts as the Cogress may from time to time ordai ad establish... Sectio. 2. The judicial Power shall exted to all Cases, i Law ad Equity, arisig uder this Costitutio, the Laws of the Uited States, ad Treaties made, or which shall be made, uder their Authority;-to all Cases affectig Ambassadors, other public Miisters ad Cosuls;-to all Cases of admiralty ad maritime Jurisdictio;-to Motio to Vacate Judgmet ad Order Page 6of19

10 Cotroversies to which the Uited States shall be a Party;-to Cotroversies betwee two or more States;-betwee a State ad Citizes of aother State,- betwee Citizes of differet States,-betwee Citizes of the same State claimig Lads uder Grats of differet States, ad betwee a State, or the Citizes thereof, ad foreig States, Citizes or Subjects. CONSTITUTIONAL AUTHORITY FOR EACH SPECIES OF FEDERAL TRIAL COURT. Courts ordaied ad established by Cogress uder authority of Article III of the Costitutio are courts of special (or limited) jurisdictio; e.g.: The character of the cotroversies over which federal judicial authority may exted are delieated i Art. III, 2, cl Isurace Corporatio of Irelad, Ltd v. Compagie des Bauxites de Guiee, 456 U.S. 694, 701(1982). The Costitutio provides impliedly for Federal trial courts of geeral jurisdictio at Article 4 3(2); to wit, i pertiet part: The Cogress shall have Power to dispose of ad make all eedful Rules ad Regulatios respectig the Territory or other Property belogig to the Uited States;... JURISDICTION IS TERRITORIAL. The geographic area i which a particular court has authority is a defied territory with fixed boudaries; to wit: -Territorial jurisdictio. Jurisdictio cosidered as limited to cases arisig or persos residig withi a defied territory, as a couty, a judicial district, etc. The authority of ay court is limited by the boudaries thus fixed.... Hery Campbell Black, A Law Dictioary, Secod Editio (West Publishig Co.: St. Paul, Mi., 1910) (hereiafter "BLACK'S"), p The Costitutio authorizes Cogress to exercise limited legislative power throughout the Uio ad exclusive legislative power i "Territory or other Property belogig to the Uited States" (Costitutio, Article 4 3(2)); to wit: It is clear that Cogress, as a legislative body, exercise two species of legislative power: the oe, limited as to its objects, but extedig all over the Uio: the other, a absolute, exclusive legislative power over the District of Columbia... Cohes v. Virgiia, 19 U.S. 264, 434, 6 Wheat. 265, 5 L.Ed. 257 (1821). Motio to Vacate Judgmet ad Order Page 7 of19

11 The species jurisdictio that a Federal trial court is authorized to exercise, i.e., either special or geeral, is determied by (1) the particular geographic area Gudicial district) i which the court is located, ad (2) the species of legislative power the Costitutio authorizes Cogress to exercise i that particular area; to wit: Oly the jurisdictio of the Supreme Court is derived directly from the Costitutio. Every other court created by the geeral govermet derives its jurisdictio wholly from the authority of Cogress. That body may give, withhold or restrict such jurisdictio at its discretio, provided it be ot exteded beyod the boudaries fixed by the Costitutio. Turer v. Bak of North America, 4 Dall. 8, 10; Uited States v. Hudso & Goodwi, 7 Crach, 32; Sheldo v. Sill, 8 How. 441, 448; Steveso v. Fai, 195 U.S Klie v. Burke Costr. Co., 260 u. s. 226, 234 (1922). Federal trial courts of special jurisdictio are uder the exclusive cotrol of the judicial brach of the atioal govermet ad are limited to cotroversies of the character delieated i Article 3 2(1) arisig i geographic area occupied by oe of the several commowealths uited by ad uder authority of the Costitutio ad admitted ito the Uio. Federal trial courts of geeral jurisdictio-such as this Court-are uder the exclusive cotrol of the legislative brach of the atioal govermet (Cogress) ad have authority "to hear early all categories of federal cases, icludig both civil ad crimial matters" (USCourts.gov, supra, p. 6), arisig i "Territory or other Property belogig to the Uited States" (Costitutio, Article 4 3(2), supra, p. 7). DENIAL OF CONSTITUTIONAL RIGHT TO A FEDERAL TRIAL COURT OF SPECIAL JURISDICTION. ad Whereas: It is idisputable that this Court is a Federal trial court of geeral jurisdictio; Whereas: It is idisputable that Trowbridge is a residet of the geographic area occupied by that certai commowealth uited by ad uder authority of the Costitutio ad admitted ito the Uio December 29, 1845, i.e., Texas; ad Motio to Vacate Judgmet ad Order Page 8 of19

12 Whereas: It is idisputable that Trowbridge has o physical or ecoomic presece or residece i fact i "Territory or other Property belogig to the Uited States" (id); ad Whereas: It is idisputable that Trowbridge, a residet of Texas, has the costitutioal Right to have a cotroversy betwee Trowbridge ad the Uited States heard ad decided i a Federal trial court of special jurisdictio, Wherefore: It is idisputable that Trowbridge has bee deied the Right to a Federal trial court of special jurisdictio, a aspect of deial of due process of law of costitutioal dimesio. 2. The Court heard ad decided Civil Actio H without costitutioal authority. PLAIN STATEMENT OF FACTS. Whe Plaitiff fails for 19 days to eter i evidece proof of jurisdictio followig filig oftrowbridge's March 19, 2014, Motio to Dismiss for Lack of Jurisdictio (Dkt. #18): At a hearig held o April 7, 2014, for o apparet reaso ad without prompt from Plaitiff or Trowbridge regardig ay oftrowbridge's tax returs, the Court asks Plaitiff, "Do you have a copy of oe of these objectioable tax returs?" (Dkt. #30, p. 15of19). The trascript of said hearig also attributes the followig statemets to the Court: "Well, I would like just to see a exemplar" (id); "Ad just the 1040, the first couple of pages of it, plus whatever attachmet would affect liability" (id. at of 19); "I wat you just to file it... " (id at 17of19); "Just file oe as - -" "- - the attachmet the Court ordered" (id.); ad "I just wat to see what oe looks like" (id). Whe Plaitiff commets to the Court, "We did't iclude those [Trowbridge's tax returs] just because we did't feel we eeded to, but I ca get a copy" (id. at 16of19), the Court replies, "Well, just oe" (id.). Motio to Vacate Judgmet ad Order Page 9 ofl9

13 Followig the Court's istructios to Plaitiff at the aforesaid April 7, 2014, hearig, the Court, i exercise of geeral jurisdictio, commads Plaitiff by Maagemet Order (Dkt. #21 ): "The Uited States must promptly give the court oe of the objectioable tax returs." Plaitiff, o April 14, 2014, files i the record "Uited States' Court Ordered Supplemet" (Dkt. #24) ad attaches thereto a copy oftrowbridge's Form 1040 U.S. Idividual Icome Tax Retur for 1997 (Dkt.#24-1) (the "1997 Fo 1040"). The Court ever reveals why the filig of oe of Trowbridge' s tax returs was so urget I importat. Followig filig of the 1997 F o I 040, the Court ever raises the subject agai. After six weeks with o rulig o the motio to dismiss, Trowbridge files o May 1, 2014, Trowbridge's Request for Rulig o Defedat's March 19, 2014, Motio to Dismiss (Dkt. #33). The ext day, May 2, 2014, 44 days after the filig of the March 19, 2014, motio to dismiss, the Court issues a order (Dkt. #34) deyig said motio. FRAUD UPON THE COURT. Whereas: Based o the foregoig, it is reasoable to coclude that that as of April 7, 2014, time is of the essece re the Court's verbal ad writte order commadig that Plaitiff must promptly file i the record oe oftrowbridge's tax returs; ad Whereas: "No refert quid otum sitjudici, si otum o sit iformajudici. It matters ot what is kow to the judge, ifit is ot kow to himjudicially" 2 -ad, there beig o evidece that Trowbridge resides i a geographic area i which a court of geeral jurisdictio, e.g., the Court, has authority: To be justified i deyig Trowbridge's March 19, 2014, motio to dismiss, the Court eeded somethig that would allow the Court to treat Trowbridge as a residet of geographic area i which the Costitutio authorizes the Court to hear ad decide cases; ad 2 Joh Bouvier, Bouvier's Law Dictioary, Third Revisio (Beig the Eighth Editio), revised by Fracis Rawle (West Publishig Co.: St. Paul, Mi.: 1914), p Motio to Vacate Judgmet ad Order Page 10of19

14 Whereas: O April 7, 2014, the record of Civil Actio H is devoid of evidece that Trowbridge has residece i fact i "Territory or other Property belogig to the Uited States" (Costitutio, Article 4 3(2)), oly geographic area i which a Federal trial court of geeral jurisdictio, such as the Court, has authority to hear ad decide cases; ad Whereas: As of April 7, 2014, Plaitiff has failed for 19 days sice the filig of Trowbridge's March 19, 2014, Motio to Dismiss for Lack of Jurisdictio, to eter i evidece aythig that would suggest or allow the Court to presume that Trowbridge is a residet of "Territory or other Property belogig to the Uited States" (id.), ad is uaware (Dkt. #30, p. 16 of 19) of the Court's eed for such evidece i order to be able to justify deyig Trowbridge's March 19, 2014, Motio to Dismiss for Lack of Jurisdictio; ad Whereas: Stadard applicatio of the basic rules of statutory costructio to the cotrollig 26 U.S.C. 7701(a)(9) defiitio of the term "Uited States" reveals that Cogress defie said term i a geographical sese to mea the District of Colwbia, the Couowealth of Puerto Rico, the Virgi Islads, Guam, America Samoa, ad the Couowealth of the Norther Mariaa Islads ad o other thig-the statutory Statel of the Title 26 U.S.C. geographical Uited States (Dkt. #28, pp of 42); ad Whereas: Residets of the aforesaid isular Title 26 U.S.C. States of the Title 26 U.S.C. geographical Uited States are ot liable to tax uder Title 26 U.S.C. (Id. at 35 of 42); ad 3 I the colloquial expressio "SO States," the meaig of the Title 26 U.S.C. te "State" is the District of Columbia-the oly 26 U.S.C. 7701(a)(10) State whose residets are liable to tax uder26 U.S.C.; to wit: "[T]axig statutes are subject to strict costructio... " (A Dictioary of Law, Seveth Editio, Joatha Law ad Elizabeth Marti, editors (Oxford Uiversity Press: Oxford, 2009). p. 295)-ad the 50 States are the purported 50 bodies politic (political subdivisios) of the District of Columbia residig without the exterior limits of the District of Columbia i geographic area occupied by oe of the 50 respective commowealths uited by ad uder the authority of the Costitutio ad admitted ito the Uio, such as Texas, each of whose "members" at some poit performed some act or made some statemet-such as the sigig ad makig of a Form I 040 U.S. Idividual Icome Tax Retur-which actors i govermet regarded, sub siletio ad uilaterally, as a "alie [oresidet ofav o(the Title 26 U.S.C. States of the Title 26 U.S.C. geographical Uited Statesl showig a defiite itetio to acquire residece i the ['flt/e 26 U.S.C. geographicall U.S. [j.e.. tor purposes oftax uder Title 26 U.S.C.. the District of Columbia olv]." 26 C.F.R (c)(2)(iii). Motio to Vacate Judgmet ad Order Page 11of19

15 Whereas: The oly 26 U.S.C. 770l(a)(10) State of the Title 26 U.S.C. 770l(a)(9) geographical Uited States whose residets are liable to tax uder Title 26 U.S.C. is the District of Columbia; ad Whereas: Geeral legislatio at 26 U.S.C. 770l(b)(l)(B) Noresidet alie provides, i pertiet part, that "A idividual is a oresidet alie if such idividual is either a citize of the fijtle 26 U.S.C. geographicall Uited States or a residet of the fijt/e 26 U.S.C. geographica/l Uited States... "; ad Whereas: Trowbridge is a 26 U.S.C. 7701(b)(l)(B) oresidet alie; ad Whereas: Geeral legislatio at 26 U.S.C provides, i pertiet part: (g) Electio to treat oresidet alie [Trowbridge] idividual as residet of the [Title 26 U.S.C. geographical) Uited States [i.e., for purposes of tax uder Title 26 U.S.C., the District of Columbia oly] (1) I geeral A oresidet alie [Trowbridge] idividual with respect to whom this subsectio is i effect for the taxable year shall be treated as a residet of the [Title 26 U.S.C. geographical] Uited States [i.e., for purposes of tax uder Title 26 U.S.C., the District of Columbia olyl- (A) for purposes of chapter I for all of such taxable year, ad (B) for purposes of chapter 24 (relatig to wage withholdig) for paymets of wages made durig such taxable year.... (h)... year i which oresidet alie [Trowbridge) becomes residet of [Title 26 U.S.C. geographical] Uited States [i.e., for purposes of tax uder Title 26 U.S.C., the District of Columbia oly] (1) I geeral lf-- (A) ay idividual is a oresidet alie idividual at the begiig of ay taxable year but is a residet of the [Title 26 U.S.C. geographical] Uited States [i.e., for purposes of tax uder Title 26 U.S.C., the District of Columbia oly] at the close of such taxable year,... the the idividual referred to i subparagraph (A) shall be treated as a residet of the [Title 26 U.S.C. geographical) Uited States [i.e., for purposes of tax uder Title 26 U.S.C., the District of Columbia oly) for purposes of chapter 1 for all of such taxable year, ad for purposes of chapter 24 (relatig to wage withholdig) for paymets of wages made durig such taxable year. [ad] Motio to Vacate Judgmet ad Order Page 12of19

16 Whereas: Geeral legislatio at 26 C.F.R. l.871-4(c)(2)(iii) provides, i pertiet part: Proof of residece of alies. (a) Rules of evidece. The followig rules of evidece shall gover i deteiig whether or ot a alie withi the [Title 26 U.S.C. geographical) U.S. [i.e., for purposes of tax uder Title 26 U.S.C., the District of Columbia oly] has acquired residece therei for purposes of the icome tax. (b) Noresidece presumed. A alie [Trowbridge l by reaso of his alieage, is presumed to be a oresidet alie. (c) Presumptio rebulted-(1) Departig alie... (2) Other alies. I the case of other alies, the presumptio as to the alie's oresidece may be overcome by proof.-... (iii) Of acts ad statemets [e.g. a Fo 1040 tax retur] of the alie [Trowbridge] showig a defiite itetio to acquire residece i the [Title 26 U.S.C. geographical] U.S. [i.e., for purposes of tax uder Title 26 U.S.C., the District of Columbia oly]... Wherefore: I its exercise of geeral jurisdictio, the Court o April 7, 2014, substatially asswes resposibility for prosecutio of Civil Actio H by commadig sua spote both verbally ad i writig that Plaitiff must promptly eter i the record what the Court eeds ad will use agaist Trowbridge uilaterally ad sub siletio as prima facie evidece of a act or statemet purportedly showig a "defiite itetio to acquire residece" (26 C.F.R (c)(2)(iii), supra) i the District of Columbia-Le., "Territory or other Property belogig to the Uited States" (Costitutio, Article 4 3(2)) ad geographic area i which a court of geeral jurisdictio, such as the Court, is authorized by the Costitutio to hear ad decide cases-a fraud upo the court evicig that it was impossible for Trowbridge to have a fair proceedig, a aspect of deial of due process of law of costitutioal dimesio. THE 1997 FORM 1040 DOES NOT CONSTITUTE EVIDENCE OF" A DEFINITE INTENTION TO ACQUIRE RESIDENCE IN THE (TITLE 26 U.S.C. GEOGRAPHICAL) U.S.". Whereas: Evidece attached to ad part of the 1997 F o 1040 i the fo of Trowbridge's October 15, 1998-otarized "DISCLAIMER STATEMENT DENYING ANY TAX LIABILITY" (Dkt. #24-1, pp of16) documets that Petitioer's apparet alleged geeral electio to be treated as a residet of the Title 26 U.S.C. geographical Uited States by Motio to Vacate Judgmet ad Order Page 13of19

17 way of the 1997 Form 1040 was made uwittigly by mistake (id), obtaied by the Iteral Reveue Service through fraud o the part ofltemal Reveue Aget Roy Fite (id.), ad that Trowbridge ever had ay such itetio (id); ad Whereas: The aforesaid DISCLAIMER STATEMENT DENYING ANY TAX LIABILITY cotradicts, overcomes, ad reders immaterial the 1997 Form 1040 as evidece of ay "itetio to acquire residece i the [Title 26 U.S.C. geographical] U.S." (26 C.F.R (c)(2)(iii)) o the part of Trowbridge, Wherefore: The Court's use of the 1997 Fo 1040 as "evidece" oftrowbridge's alleged 26 U.S.C geeral electio to be treated as a residet of the Title 26 U.S.C. geographical Uited States is without merit ad a fraud upo the court. WHY THE PURPORTED 26 U.S.C ELECTION FACILITY IS A HOAX AND A NULLITY. No oe has the right to elect (choose) to be treated as a residet of a geographic area i which he has o residece i fact for the purpose of taxatio; to wit: 12. While oe's statemets may supply evidece of the itetio requisite to establish domicile at a give place of residece, they ca ot supply the fact of residece there; ad they are of slight weight whe they coflict with the fact. This is the more so where, as here, the statemets are show to have bee ispired by the desire to establish a omial residece for tax purposes, differet from the residece i fact. P I such circumstaces, the actual fact of the place of residece ad the perso's real attitude ad itetio with respect to it as *400 disclosed by his course of coduct are the cotrollig factors i ascertaiig his domicile. Whe oe iteds the facts to which the law attaches cosequeces, he must abide the cosequeces whether iteded or ot. 13. Oe ca ot elect to make his home i oe place i poit of iterest ad attachmet ad for the geeral purposes of life, ad i aother, where he i fact has o residece, for the purpose of taxatio. P Texas v. Florida, 306 U.S. 398 (1939). Whereas: Trowbridge has ever had the right to elect to be treated as a residet of the Title 26 U.S.C. geographical Uited States for the purpose of taxatio; ad Whereas: No actor i govermet has ever had the right to treat Trowbridge as a residet of the Title 26 U.S.C. geographical Uited States for the purpose of taxatio; ad Motio to Vacate Judgmet ad Order Page 14of19

18 Whereas: Jurisdictio is "limited to cases arisig or persos residig withi a defied territory, as a couty, a judicial district, etc." (BLACK'S, supra, p. 7) ad "The authority of ay court is limited by the boudaries thus fixed" (id.); ad Whereas: The alleged 26 U.S.C electio facility is discretioary I optioal ad therefore a alleged cotractual I quasi-cotractual-le., ot jurisdictioal-matter; ad Whereas: The Court, i the Court's May 13, 2014, Secod Order Deyig Dismissal (Dkt. #42) declares, amog other thigs, "This court has jurisdictio" ad cites by footote ot the actual fact of the place of Trowbridge' s residece or the geographic area i which the Court is authorized by the Costitutio to hear ad decide cases as the reaso therefor, but rather a statute (28 U.S.C (2012)), evicig that the Court (1) kows that Trowbridge resides ot withi the jurisdictio of the Court as alleged by Plaitiff (Dkt. #1, p. 1 of 3), ad (2) asserts "jurisdictio" but rather is usig-sub siletio ad frauduletly-a alleged cotractual I quasicotractual right as the basis of the Court's authority to hear ad decide Civil Actio H-14 27, the 1997 Fo 1040 beig "proof' (immaterial prima facie evidece) thereof, Wherefore: The Court's assertio "This court has jurisdictio," despite o actual evidece of jurisdictio is willful ad perjurious ad a fraud upo the court uder color of law, a deial of due process of law of costitutioal dimesio. B. Civil Actio H Was Not A Fair Proceedig. The trascript of the May 21, 2014, hearig (Dkt. #57, pp. 3-4of9) (the "Trascript") provides the followig exchage betwee the Court ad cousel for the Uited States: THE COURT:... The Uited States is free to go by slag ickames if it chooses. Whether it goes by the Uited States of America or the Uited States or USA or what as we say i Texas, "Murica," that that's fie. The rules allow pleadig i commo ames or official ames. The cofusio -- ad I actually do't thik Trowbridge has a clue what all this meas. Frakly, you ca't. But he got it from somebody. As I metioed last Motio to Vacate Judgmet ad Order Page IS of 19

19 time, he lives up there aroud Dr. Jaikara. Ad there are two approaches. He's usig it eve though he probably kows it's meaigless because he has o other way he thiks of avoidig it, so - - or he's delusioal ad believes it. But by spedig your time beig ratioal with a irratioal purpose would be irratioal. So whe do you wat him evicted? MR. SMELTZER: I was prepared to give Mr. Trowbridge 30 days if he eeded it to gather his belogigs. I do't kow if he --sometimes people are less tha willig to leave ad we are required to use the Marshal Service but -- THE COURT: Well - - MR. SMELTZER: - - I thought that 30 days was reasoable. THE COURT: --the problem is the adverse decisio by the Board of Tax Appeals, which just preteds to be a court, was Jue 4th, So he's had 11 years. MR. SMELTZER: That's true. THE COURT: So you add up 30 days, plus 11 years that he has kow of the problem, has, as ear as I kow, doe othig costructive by way of egotiatio or paymet or aythig else. MR. SMELTZER: No, he has ot. THE COURT: Ad he has bee obstreperous. Because I do't like callig people isae, I'll assume he's beig dishoest, I thik that's a step up, i usig all of this stuff. Today is the 21st of May. I believe he eeds to be out by oo May 30th. MR. SMELTZER: That is fie by me, Your Hoor. THE COURT: There is simply o sese i our allowig him further to do it, that is, to occupy. 1. The Court deigrated Trowbridge for takig resposibility for kowig ad uderstadig the law ad exercisig Trowbridge's legal rights. Whe Cogress omit to provide a defiitio for a particular word or legal term i a particular statute, great care must be take to esure proper iterpretatio thereof; to wit: Although the District of Columbia Icome Tax Act made "domicile" the fulcrum of the icome tax, the first ever imposed i the District, it set forth o defiitio of that word. To ascertai its meaig we therefore cosider the Cogressioal history of the Act, the situatio with referece to which it was eacted, ad the existig judicial precedets, with which Cogress may be take to have bee Motio to Vacate Judgmet ad Order Page 16of19

20 familiar i at least a geeral way. Uited States v. Dickerso, 310 U.S. 554, 562. District o/co/umbia v. Murphy, 314 US 441, 449 (1941) "lgoratia excusator, ojuris sedfacti. Igorace of fact may excuse, but ot igorace oflaw" (BOUVIER'S (see f. 2, p. 10, supra), p. 2136), ad "Igorace of law cosists of the wat of kowledge of those laws which it is our duty to uderstad, ad which every ma is presumed to kow" (id at 1488). Whe Cogress do provide a specific defiitio for a certai te i a particular body of statutory law, everyoe has a duty to uderstad ad kow the meaig thereof, legal professioals doubly so, ad o oe has ay discretio to take said term i ay other way tha that provided by Cogress; to wit: The words of a statute are to be take i their ordiary ad popular meaig, uless they are techical terms or words of art, i which case they are to be uderstood i their techical sese... [Uderlie emphasis added.] Hery Campbell Black, Hadbook o the Costructio ad Iterpretatio of the Laws (West Publishig Co.: St. Paul, Mi., 1896), Sec. 57, p Liguistic iferece caos provide guidelies about what the legislature likely meat, give its choice of some words ad ot others. The liguistic iferece caos iclude classic logical caos such as expressio uius, oscitur a sociis, ad ejusdem geeris. Other iferetial rules ecourage iterpreters to follow the ordiary usage of text uless the legislature has itself defied the word or the phrase has acquired a techical meaig... [Foototes omitted; uderlie emphasis added.] Jacob Scott, "Codified Caos ad the Commo Law of Iterpretatio," The Georgetow Law Joural, Vol. 98, Issue 2, Jauary 2010, pp Table I. Liguistic Iferece Caos Ordiary usage: Follow ordiary usage of tes, uless the legislature gives them a specified or techical meaig... Dictioary defiitio: Follow dictioary defiitios of terms, uless the legislature has provided a specific defiitio. [Uderlie emphasis added.) Id. at 357. "Quijure suo utilur, emiifacit ijuriam. He who uses his legal rights harms o oe" (BOUVIER'S, p. 2157)-but the Trascript reveals that the Court codems Trowbridge for Motio to Vacate Judgmet ad Order Page 17of19

21 exercisig Trowbridge's legal rights ad relyig o ad referrig to the statutes of Cogress for the meaig of the defiitio of the Title 26 ad 28 U.S.C. term "Uited States"; to wit: I actually do't thik Trowbridge has a clue what all this [Uited States, Uited States of America, USA] meas... Ad there are two approaches. He's_usig it [cotrollig defiitio of"uited States" i Titles 26 ad 28 U.S.C.] eve though he probably kows it's meaigless [isiuatio that "Uited States" has o special meaig i Title 26 or 28 U.S.C. ad Trowbridge is actig i bad faith) because he has o other way he thiks of avoidig it [iferece that Trowbridge is actig i bad faith or for purposes of delay or both: tacit deigratio of Trowbridge for exercisig Trowbridge's legal rights], so --or he's delusioal ad believes it [iferece that Trowbridge is delusioal for maitaiig fidelitv to the cotrollig defiitio of"uited States" provided by Cogress i Titles 26 ad 28 U.S.C. ad exercisig Trowbridge's legal rights). But by spedig your time beig ratioal with a irratioal purpose would be irratioal [iferece that Trowbridge is irratioal for adherig to the cotrollig defiitio of "Uited States" i Titles 26 ad 28 U.S.C.; iferece that Trowbridge's exercise of Trowbridge's legal rights is irratioal]. 2. The Court prosecuted sua spote ad i exercise of geeral jurisdictio, Civil Actio H with bias agaist Trowbridge, usig pejorative epithets to characterize Trowbridge for observig cotrollig law i Titles 26 ad 28 U.S.C. ad exercisig Trowbridge's legal rights, citig the amout of time expeded doig so as the reaso Trowbridge's evictio should be expedited. Plaitiff states "I was prepared to give Mr. Trowbridge 30 days if he eeded it to gather his belogigs" ad "I thought that 30 days was reasoable," to which the Court replies: "[T]he problem [a alleged debt] is the adverse decisio by the Board of Tax Appeals [Uited States Tax Court], which just preteds to be a court, was Jue 4th, So he's had 11 years [false iferece that Trowbridge has eglected a legal duty for 11 years]... So you add up 30 days, plus 11 years that he has kow of the problem [a alleged debt], has, as ear as I kow, doe othig costructive by way of egotiatio or paymet or aythig else [i.e., has ot voluteered to egotiate or pay the alleged debt]... Ad he has bee obstreperous [o evidece of obstreperousess per se; the Court equates Trowbridge's choice to litigate (rather tha egotiate ad pay) a alleged debt with obstreperousess]. Because I do't like callig people isae [deigratio of Trowbridge for observig the Title 26 ad 28 U.S.C. defiitio ad meaig of "Uited States" ad isiuatio that Trowbridge is isae for doig so], I'll assume he's beig dishoest [deigratio of Trowbridge for isistig o the law], I thik that's a step up, i usig all of this stuff [cotrollig defiitio of"uited States" i Titles 26 ad 28 U.S.C.]. Today is the 21st of May. I believe [evidece that the Court, ot Plaitiff, is prosecutig Civil Actio H-14-27] he eeds to be out by oo May 30th [ie days later]... There is simply o sese i our allowig him further to do it, that is, to occupy. Motio to Vacate Judgmet ad Order Page 18of19

22 3. The Court etered the Judgmet ad Order without regard for Plaitiff's uresolved April 4, 2014, motio for summary judgmet, further evicig that the Court prosecuted this case s11a spo11te, i exercise of geeral jurisdictio. Whereas, the record of Civil Actio H reflects etry of Ameded Fial Judgmet May 23, 2014 (Dkt. #53), said record is devoid of resolutio of Plaitiffs April 4, 2014, Uited States' Motio for Summary Judgmet ad Memoradum i Support (Dkt. #19), sigifyig that said motio was extraeous to fial dispositio of this case ad that the Court prosecuted Civil Actio H sua spole, i exercise of geeral jurisdictio-agaist a residet of geographic area fixed by the Costitutio exclusively for courts of special jurisdictio, who has o residece i fact i ay geographic area i which ay courts of geeral jurisdictio is authorized by the Costitutio to hear ad decide cases-justified by sub siletio use of immaterial prima facie evidece (the 1997 Form 1040) as ''proof' of Plaitiffs allegatio that "Defedat, Joh Parks Trowbridge, Jr., resides withi the jurisdictio of this Court" (Dkt. #1, p. 1 of 5). CONCLUSION Courts, i our system, elaborate priciples of law i the course of resolvig disputes. The power ad the prerogative of a court to perform this fuctio rest, i the ed, upo the respect accorded to its judgmets. The citize's respect for judgmets depeds i tum upo the issuig court's absolute probity. Judicial itegrity is, i cosequece, a state iterest of the highest order. Republica Party of Miesota v. White, 536 U.S. 765 (2002). I light of the hereiabove-cited evidece ad defects i Civil Actio H-14-27, Trowbridge hereby moves the Court to vacate the Court's May 23, 2014, Judgmet ad Order ad afford Trowbridge such other relief as the Court deems proper. DATE: September 9, 2015 Joh Parks Trowbridge, Jr Memorial Boulevard #205 Humble, Texas (281) Motio to Vacate Judgmet ad Order Page 19of19

23 CERTIFICATE OF SERVICE I certify that o September 9, 2015, two copies of the attached MOTION TO VACATE JUDGMENT AND ORDER, together with (two) attachmets, was delivered by had to the Clerk of the Uited States District Court i Housto, Texas, for filig ad oe copy was served via Uited States Mail, first class postage to cousel as follows: Joshua Smeltzer Departmet of Justice, Tax Divisio 717 N. Harwood, Suite 400 Dallas, Texas 7520 I

24 Case 4:14-cv Documet 53 Filed i TXSD o 05/23/14 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS Uited States of America, Plaitiff, versus Joh P. Trowbridge, Jr., ct al., Defedats. Civil Actio H Ameded FialJudgmet I. The Uited States of Ameriea: A Takes $3,326,015.01, plus statutory additios accruig after April 7, 2014 fromjoh P. Trowbridge ieludighis assumed ame Freedom Vetures, UDO. B. Has tax lies o Trowbridge's property, icludig 25XI7 Ram.rock Drive, Porter, Texas C. May foreclose its Ues agaist 25xx7 Raml'ock Drive, D. Has all right, title, ad iterest i the property icludig the right to possessio. 1. The clerk will leave the case ope for the court to supervise Trowbridge's evictio. Siged o May 23, 20I4, at Housto, Texas. Ly N. Hughes Uited States DistrictJudge

25 Case 4:14-cv Documet 54 Filed i TXSD o 05/23/14 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DlSTIUCT OF TEXAS Uited States of America, Plaitiff, Joh P. Trowbridge, Jr., ct al., Defedats. Civil Actio H Order of Sale ad Vacature x. The Uited States of America, havig attached its lieos, may foreclose 2.5ll7 Ramrock Drive, Porter, Texas 77365, also kow as: lot 16, block x, of Betwood, sectio r, a subdivisio of I 56.8 acres, out of the William Massey Survey, A 39r, ad the Mary Owes survey, A 405, i Motgomery Couty, Texas, as imposed by the map ad dedicatio records i cabiet G, sheets x38a- x4xa. 2. The Iteral Reveue Service is directed uder 2.8 U.S.C. 2.00I, 2002, ad 2004, to offer the property at a commercially reaso.able ad public sale. 3. The Service may access the property to preserve it, icludig retaiig someoe to chage or istall locks or other security o the property util the deed is delivered to a buyer. 4. The terms ad coditios of the sale are: A. The sale will be free ad clear of all lies or other claims iferior to the Service's lie. - --"...

26 Case 4:14-cv Documet 54 Filed i TXSD o 05/23/14 Page 2 of 4 B. The sale is subject to buildig lies, laws, ordiaces, ad govermetal regulatios affectig the property ad easemets ad restrictios of record. C. The sale of the property by public auctio must be held o the frot steps of the Motgomery Couty Courthouse. D. The date ad time for the sale is to be aouced by the Service. E. After the Service has determied the date ad time for the sale, it must iclude it i the otice of sale ad mail the otice, by regular ad certified mail, retum receipt requested, to: Joshua D. Smeltzer Trial Attorey, Tax Divisio Uited States Departmet of]ustice 7r7 North Harwood, Suite 400 Dallas, Texas 752or Joh P. Trowbridge,Jr Memorial Boulevard, Suite 205 Humble, Texas F. The date ad time of the auctio must be aouced by the Service by advertisig the sale oce each week for four cosecutive weeks i at least oe geerally circulated ewspaper i Motgomery Couty, Texas, through the Housto Associatio of Realtors, ad otherwise at the discretio of the Service. The otice of sale will describe the property ad the terms of the sale i this order i brief, direct, ad plai Eglish. G. The miimum bid will be determied by the Service ad must be i the otice of sale. If the miimum bid is ot ret, the Service may hold a ew sale with a reduced miimum bid. H. Each successful bidder must deposit at the time of the sale atleast10% of the bid by a certi.&ed or cashier's check payable to the Uited States District Court. Before beig allowed to bid, bidders must have show that they ca comply. I. The buyer must pay the Service withi 28 clays after his bid is accepted by certified or cashier's check payable to the Uited States District Court. If the buyer does ot comply, his deposit is forfeited ad will be used to cover the expeses of the sale, with residue applied to Trowbridge's tax liabilities. The

27 Case 4:14-cv Documet 54 Filed i TXSD o 05/23/14 Page 3 of 4 clerk will distribute the deposit, by a c:hec:k to the Uited States Treasury. The property will agai be offered for sale uder the terms of this order or sold to the ext highest bidder. The Uited States may bid as a credit agaist its judgmet without teder of cash. ]. The sale is cofirmed uless someoe objects withi 35 days. After cofirmatio, the Service will execute ad deliver a deed coveyig the property to the buyer. K. The sale is without right of redemptio. 5. Util Trowbridge vacates the property, he must preserve it i its curret coditio ad isure it agaist fires ad casualties. He must do othig that reduces the value of the property like vadalism or recordig lies. 6. IfTrowbridge iterferes with the sale, vadalizes the property, or attempts to re eter it. he may be puished with fies, icarceratio, or both. 7. By oo ojue 6, 2ox4, Trowbridge must vacate the property. Ifhe does ot leave, the Uited States Marshal will evict him. The marshal may use reasoable force to eter the property ad arrest people who iterfere. Uremoved persoal property is forfeited, ad the Service must dispose of it i a commercially reasoable maer. Proceeds from the sale of his persoal property must be applied to his tax liabilities. 8. By Jue 9, 2or4, Trowbridge must give Smeltzer his ew address. 9. After the sale is cofirmed, the clerk will distribute the proceeds i this order: A. First, to the costs or fees of the clerk ad marshal. B. Secod, to the Service for the reasoable costs of the sale, which will be examied by the court at cof'irmatio. C. 1b.ird, to ad 'Valorcm taxes due to Motgomery Couty. D. Fourth, to the Uited. States of America for upaid tax debts. xo. All remaiig pi:oceeds are to be held by the clerk util this courr orders othevise.

28 Case 4:14-cv Documet 54 Filed i TXSD o 05/23/14 Page 4 of 4 II. The Uitecl States Marshal will serve Trow bridge with this order. Siged o May 2..; , at Housto, T e.xas. + I Uited States DistrictJudge

29 ELECTRONIC DATA CARRIERS OF TEXAS 2228 WIRTCREST LANE, SUITE G!TEXAS MAX-38 HOUSTON, TX EFF 5/01/13 (713) UPDATED 10/22/13 0 Form 160 (INS) 0 Form 162 (VAL) 0 GP for days 0 NTE PRINTDATE BOLNUMBER P 0 NUMBER TXDMV C USDOT data ows from the Cube Sheet, You may oveiwrite } fril!l!!l"l "fa Pre-Existig Cotract - 0 Rate BOL Customer JOHN TROWBRIDGE Coslgee JOHN TROWBRIDGE Address City PORTER TX Zip City HOUSTON TX Zip Couty MONTGOMERY Phoe Couty _H_A_R_R_IS Cell XTRA STOP 1 ZIP XTRA STOP 2 ZIP XTRA STOP 3 ZIP DATES PickUp Delivery Ivoice To: Att: Earliest -- Address Latest CI t y,,-,--. State Zip Preferred I 06/06/14 l D 5000 Lbs D Complete Occupacy D Exclusive Use D Space Reservatio D Selected Lbs Vehicle Cu Ft No Cu Ft Ordered No Cu Ft WEIGHT ADDITIVES LIN FT Wf ADD TRK G-MJLES EaseMaker Airplae, Glider Truck 1 Truck 2 Camper, Camper Shell, umouted Gross Weight Boat, Sailboat <14 Ft Boat, Sailboat 14 Ft+ Boat Trailer, ay legth Caoe, Skiff, Dlghle, Kayak 14 Ft+ Travel Camper, Horse Trailer Mii-Mobile Home Tare Weight NET Weight AUTO Weight Wf Additives Total Weight COMBINED WEIGHT 30 ' TRANSPORTATION COSTS BASED ON HOURLY RATES LOCAL SERVICES: 5 Trucks 5 Me /HR 23.8 Hours TRAVEL TIME CHARGES: TRANSPORTATION WEIGHT Lbs BILLED WEIGHT Lbs FUEL SURCHARGE Make sure your FUEL TABLE is up to date! 14.00%1 ATC (Additioal Trasportatio Cost) ORIGIN OPTIONAL 3.45 Cwt ATC (Additioal Trasportatio Cost) DEST OPTIONAL 3.45 Cwt NO GROSS DISCOUNT NET CHG VALUATION 0 RVP@ /LB COVERAGE 0 No 0 $250 /$100 0 $500 /$100 0 /LB 0 $0.60/Lb } COVERAGE -=--j 0 No Dad M 0 $250 /$100 0 $500 /$100 Sf;R\llC_ES 0 FULL SERVICE PACK 0 FULL SERVICE UNPACK 0 OT 0 OT Cwt Cwt Lbs Lbs - FOR CRATES, SEE D lo - "OTHER SERVICES" DESCRIP QTY RATE AMOUNT QTY RATE AMOUNT QTY RATE AMOUNT BELOW Dishpack L!:=:=======!l 1.5Ct Ct Ct Ct Ct ,75 Wardrobe 33, , 70 Crib Matt Sgl Matt ,70 Dbl Matt K/Q Matt , Log Sgl Mirror Ct , TOTALS NET CHARGE CUSTOM PACKING

30 Customer JOHN TROWBRIDGE I' - 2 NO DESCRIPTION 1 All Terrai Vehicle 13 Gu Safe/Cabiet 2 Aimal Keel 14 Gym System 3 Automobile 15 Harpsichord 4 Big Scree TV (40"+) 16 Hot Tub 5 Caoe <14 Ft 17 Jacuzzi 6 Dlghie <14 Ft 18 Jet Ski 7 Doll House 19 Kayak <14 Ft 8 Due Buggy 20 Motorcycle 9 Farm Equip >25hp 21 Orga 10 Go-Cart 22 Piao NO DESCRIPTION 25 Pool Table 26 Ridig Mower<25 27 Rowboat <14 Ft 28 Safe 500 lbs or less 29 Satellite Dish>30 30 Skiff <14 Ft 31 Sow Mobile 32 Spa 33 SUV 34 SUV Truck NO DESCRIPTION 37 Tractor <25hp 38 Tractor 25hp+ 39 Trailer <14 Ft 40 Trailer >14 Ft 41 Trampolie 42 Truck w Camper 43 Va (ay size) 44 Weight Lift Equip 45 Weight Statio 46 Whirlpool 11 Golf Cart 23 PickUp Truck 35 Stretch Limousie 47 Wid Surfer 12 Grad Clock 24 Playhouse 36 Tool Shed 48 Work Bech SELECTION: NO QTY 1 ST ADDTL ST ADDTL DESCRIPTION ORIGIN DESTINATION QTY RATE ELEVATOR 0 ELEVATOR 0 STAIRS 0 STAIRS Lbs Lbs Lbs Lbs 0 PIANO/ORGAN IN 1 ST PIANO/ORGAN OUT 1 ST LONG CARRY 0 LONG CARRY WEIGHT Lbs Lbs Cwt Cwt Cwt Cwt O!D ADDTL ADDTL RATE O/D Cwt Cwt NO MEN NO FLTS ELEVATOR ELEVATOR NO ITEMS NO FL TS DISTANCE NO CARRIES Ft Ft r WAITING TIME IF LESS THAN 200 MILES, 1 FREE HR; 200+ MILES= 2 FREE HRS 1STDAYORIG ADDTLDAYS 1ST DAY DEST ADDTL DAYS f.'uliiii! 0 AT ORIGIN 0 AT DESTINATION TRUCK MAN HRS@ /HR TRUCK MAN /HR r1 - TRUCK MAN HRS@ /HR TRUCK MAN HRS@ /HR r1 WEIGHT LBS LBS MILES DOT 0 OT - SELF STORAGE PICKUP I DELIVERY LBS 0 AT ORIGIN 0 AT DESTINATION LBS 0 OT 0 OT r: - -

31 Customer JOHN TROWBRIDGE l WisU'Mi! M lltiln! M * 0 AT ORIGIN LBS 0 AT DESTINATION LBS CWT CWT ORIGIN STORAGE D Whole Shipmet Partial Weight Lbs LOCATION DATEIN - DATEOUT r1-1st Day Stg Lbs Cwt Whse Hadlig Lbs Cwt Addtl Stg Lbs Cwt /Day X Valuatio Type RVP 15% of = X 15-Day Periods - Bulky Items PICKUP Lbs ATTEMPT P/U 0 SIT PICKUP BY CWT Truck Lbs Miles Ma HRS D 01 DESTINATION STORAGE D Whole Shipmet Partial Weight Lbs LOCATION DATEIN - Auth No DATE OUT 1st Day Stg Lbs Cwt Whse Hadlig Lbs Cwt Addtl Stg Lbs Cwt!DayX cwt Valuatio Type RVP 15% of = 15-Day Periods Bulky Items DELIVERY Lbs CJ Miles 0 ATTEMPTED DEL Lbs Miles ROUNDTRIP 0 2d Whse Hadlig Lbs Cwt NIA if shipmet stays o va 0 SIT DELIVERY BY CWT Lbs MAILING ADDRESS OF SHIPPER Street City ST Zip PAPERING I PADDING CU FT /CU FT -OIVERSl0N MUST BE >30 MILES, IF <12,000 LBS, $4.50CVVT; IF 12,000 LBS+, $37.45 MILES DIVERTED LBS TRAVEL TIME - EXTRA DRIVER - - HRSOTR@ /HR RETURN MILES@ Ml fl - SUPERVISORY PERSONNEL MAN HOURS 0 OT ORIGIN ORIGIN ORIGIN ORIGIN DEST DEST DEST DEST STORAGE HANDLING 4480# (i) STORAGE 1ST MONTH STORAGE HANDLING 4480# (OUT) /HOUR

32 Customer JOHN TROWBRIDGE OTHER SERVICES ARMOR PACK LCD TV 30"- 59" UNPACK LCD TV 30"- 59" CRATING UNCRATING NO OF TVS NO OF TVS CRATE CRATE... ;''';"'". Dor Dor TOT AL CHARGES E EaseMaker Software

33 Case 9:14-cv MHS-KFG Documet 59 Filed 09/30/15 Page 33 of 37 PageID #: 547 6/9/2014 Customer Copy Merchat ID: Term ID: 001 Sale - Approved Date Method of Paymet Etry Method Accout# 06/09/14 Time 08:13:27 MasterCard Maual XXXXXXXXXXXX1782 Order ID Approval Code Amout 5, Customer Copy

34 PAGE: 1 EDC MOVING SYSTEMS 2228 WIRTCREST #G HOUSTON *** HISTORY *** I I THRU 9/29/15 TROWBRIDGE JOHN P ACCOUNT #: SLSID: 100 X D - -DATE- - TICKET NO. -DESCRIPTION--DEBIT-- --CREDIT--CON. TOT N D 7/ 1/ STG07/01/14-07/31/ N D 8/ 1/ STG08/01/14-08/31/ N D 9/ 1/ STG09/01/14-09/30/ ND 10/ 1/ STGl0/01/14-10/31/ ND 11/ 1/ STGll/01/14-11/30/ ND 12/ 1/ STG12/0l/14-12/31/ ND 1/ 1/ STGOl/01/15-01/31/ ND 2/ 1/ STG02/01/15-02/28/ ND 3/ 1/ STG03/01/15-03/31/ ND 4/ 1/ STG04/0l/15-04/30/ ND 5/ 1/ STG05/0l/15-05/31/ ND 6/ 1/ STG06/01/15-06/30/ ND 7/ 1/ STG07/01/15-07/31/ ND 8/ 1/ STG08/01/15-08/31/ CONTRACT TOTAL ND 7/15/ TRANSIT INS CONTRACT TOTAL 640. ND 1/ 7/ CHECK ET0107C CONTRACT TOTAL ND 2/10/ CHECK ET0209C CONTRACT TOTAL ND 3/13/ CHECK ET0313C CONTRACT TOTAL ND 4/ 9/ CHECK ET0409C CONTRACT TOTAL ND 5/ 6/ CHECK ET0506C CONTRACT TOTAL ND 6/24/ CHECK ET0624C CONTRACT TOTAL ND 7/13/ CHECK ET0713C CONTRACT TOTAL ND 7/17/ CHECK ET0716C CONTRACT TOTAL ND 8/11/ CHECK ET0808C CONTRACT TOTAL ND 8/15/ CHECK ET0814C CONTRACT TOTAL TX

35 PAGE: 2 EDC MOVING SYSTEMS 2228 WIRTCREST #G HOUSTON *** HISTORY*** I I THRU --;--;-- 9/29/15 TROWBRIDGE JOHN P ACCOUNT #: SLSID: 100 x D --DATE-- TICKET NO. -DESCRIPTION--DEBIT-- --CREDIT--CON. TOT N D 9/ 4/ CHECK ET0903C CONTRACT TOTAL ND 7/15/ MTHS VAL JUN-JULY CONTRACT TOTAL 288. ND 10/21/ CHECK ET1020C CONTRACT TOTAL ND 11/14/ CHECK ET1113C CONTRACT TOTAL ND 12/ 4/ CHECK ET1204C CONTRACT TOTAL: TX BALANCE = $

36 CERTIFICATE OF SERVICE I certify that o September 29, 2015, the foregoig DEMAND FOR DISMISSAL, WITH PREJUDICE, OF THIS ALLEGED CASE FOR LACK OF CONSTITUTIONAL AUTHORITY THAT GIVES THE COURT THE CAPACITY TO TAKE JURISDICTION AND ENTER JUDGMENTS, ORDERS, AND DECREES IN FAVOR OF THE UNITED STATES ARISING FROM A CIVIL OR CRIMINAL PROCEEDING REGARDING A DEBT, IN TYLER COUNTY, TEXAS was served via Uited States Mail, postage pre-paid, as follows: Joshua Smeltzer Departmet of Justice, Tax Divisio 717 N. Harwood, Suite 400 Dallas, Texas 75201

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