nihil dices judgment

Transcription

1 Karl: I filed the lawsuit. The federal court is going to have to figure out if it s a complaint or a claim. Remember I said that is you look at the pacer website, the magistrate assigned to the case said, the court has concerns with propriety. The Court wasn t sure who owned it because it is more stylized as a complaint that a claim. Because it was 3 pages long. That is ridiculous. You don t ever file anything 3 pages long. Today I had 4 sentences with the claim, 2 sentences with the compensation due and that was it; it was all on one page. It had the heading, the caption, the law, the claim, the compensation due and the verification. It looks silly putting it in a big priority envelope and the civil cover sheet for filing purposes only. That makes it go through quickly. You want to say for a court of record; I found a rule 279 where it s all courts of record and free for the people and the king. The only problem with that? I don t want to be considered one of the people because then I am subject to the authority of someone else. Karl: So I paid the $350 fee which is fine because I am a man and I want to make the other people realize while they are a man and that is a woman and they should be compensated for me moving my claim through their court and I should pay the jury, the judge and the clerks who are working there. I don t expect them to do it for free so I don t mind spending the $350 filing fee. Could you rely on it? I showed this to a guy in Michigan and it worked fine. He considered himself one of the people and I don t want to be one of the people; I just want to be left alone and be a man. I know I exist; I don t know if any of you people exist. (I m just talking to dead air right now). Karl: I got the process server and that was $55 and there was a 2 page summons. I sent a copy National Assoc of Process Services. I found a website called NAPS. I got an and got some local process servers. So fill out the standard form for the court. She didn t need a case number before serving. The court clerk will give you a hard time and will stall you with serving the docs. When you call them they answer, Federal Court how may I help you. Section 389 to 390 federal court of record only moves under common law. A federal court cashed the money order. They ll dodge and say the clerk court did it. They ll say they don t like what you are doing and they won t put the case in. So I needed a third party server. The Federal Court was on the money order. Just mail one thing at a time. And they will say here we go. The claim went with a green card and a money order with the claim. Once they cash it, I wrote it to the Federal Court. If you look a Corpus Juris Secundum it s a simple one for Federal court and it says: all federal courts are courts of record. That is Section 389 in Corpus Juris Secundum. A court of record only moves on the common law. That makes it simple. When the US District Court cashes it, it s made out to the Federal Court. When you call them, they answer Federal Court. I have a bunch of court rules, but I didn t mail it yet. Get the one page claim in and get a case number, filed and time stamped and THEN you can add the barrage of exhibits. Debbie: court clerk, Greetings: (this makes her liable) I have had communication with employees within the office of the court clerk at the venue known as Federal Court in Middle Alabama, or the U S District Court for Middle Alabama. It has been told to me from certain employees that if I am not a pauper I must tender to said court $350 as the requirement to file my claim. I believe this is a public venue where a man can file a 1

2 claim. If this is private venue then direct me to the nearest Federal Court. I believe that within the public regardless of status of wealth have the right to free use and enjoyment to a public court venue so long as they operate in orderly manner and create harm to other man nor injure property within said venue. I believe the character of Federal Court is a court of record. I believe the rules of court say that a man has free access by way of right. If you concur with my belief, then as Court Clerk please remit said payment to the mailing address I have provided to certain employees in your office of the court clerk. (So there you go, if she says that a man should have free access by way of right then send back the $350 check. If not I won t argue with them) I require of you as the court clerk: 1. not to move my case of a court of record; and 2. to file my case into the court; and 3. to time stamp and return to me a copy of my case in a pre-stamped envelope I have provided; and 4. to assign a magistrate to my case immediately; and 5. to file my case as a claim, not a complaint, nor a title 42, etc.; and 6. not to interfere with my rights and diminish my status of a man to that of a pro se;and 7. to bear witness that if the wrongdoers fail to answer my claim within 21 days; and 8. to bear witness that after the allowed 21 days that my nihil dices judgment or Default judgment be true; and 9. if the wrongdoers fail to answer within said 21 days my order is to be signed by you as the court clerk; and 10. if the wrongdoers refuse to answer and serve upon said court and my person and wish to move into open court that a trial and jury commence within 10 days. The last thing I wrote I found on a Federal website and it s their insurance forms. So I did this straight off their forms in italics: I am aware as I am sure you are aware that employees within this United States District Court have: a. legal liability for damages due to injuries to other persons, damages to their property or other damage or loss to such persons including the expense of litigation and settlement resulting from or arising from out of any tortuous act, error or omission of the individual, whether common law, statutory or constitution rights while in the performance of such qualified individual s duties as an employee. (so this is their supplemental insurance form that if they get sued because of their status and position in that court system that they are legally liable for damages to other persons including expenses for tortuous acts, errors or omissions maybe they forgot to do something, whether it is a common law, statutory or constitutional right while in performance of their duty as an employee). So they are not bonded. Then I said: See miscellaneous number of the court clerk Middle District of Alabama, Sept 19, 2001, approved and signed by Harold Albertrain, Chief Judge, and Myron Thompson, District Judge and Barry Wilmett, District Judge. 2

3 This is what I am going to send them and I will cut it down. This is what I was working on this morning. Now I have to establish rules of the court between me and the court clerk. I won t let her say they will rely on rules of Federal procedure. I won t play that nonsense where she says you have to stylize this and that. I won t do this nonsense with these people. I will establish rules on the court of record and that is exactly what I am going to hold her liable for. Federal Courts are courts of record. She doesn t know what a court of record is and so I will explain it in Black s 8 th : a court of record ONLY operates under common law. This is not ancient, crazy crap from 1492 or Yankee Doodle nonsense and this is in their legal law book; it s not patriot crap. All I require (means I demand by right). They will get this and they ll wonder where the rest of it. I do this under private cause of action (implied) that is a legitimate cause of action. You will find this in the statutory code books and it s a legitimate cause of action. There is forgery. It s pretty simple. The claim I m filing is regarding a forgery. That shows the trespass because they used a forged instrument. The lawyers will say, relax we have a one-page suit and on day 20 they will hold it off for another 21 days because they will say that Karl forgot to attach the exhibits or a bill of particulars. There s only one exhibit and it s the forged documents. So on day 18 I will send the exhibits overnight that will include the forged document. They will be ready to stall since the exhibit of the forged instrument didn t go out with the claim and they have no idea what Karl is talking about in the claim. They will get it on day 19 so they can t use. So then they will say that Karl didn t give them a bill. I m going to hand them a bill. I said I want a bill of particulars for every second you interfered with my rights and I will charge $1. So after 11 years and 7 months which comes out to 4100 days which comes out 136,000 hours which is 16 million minutes which 371,520,000 seconds and there is the bill of particulars, for $371,520,000. now they have the exhibits and the bill of particulars. What are the attorneys possibly going to say to delay this thing? A year ago I sent social services (Department of Human Resources, DHR and CPS in some areas) a notice to cease and desist order giving them fair warning to settle the matter we are going to take this before a court of record. So the attorney for DHR does not believe it has done wrong. Somehow they gave DHR human of manly characteristics. They said, it believes. Coca-Cola can t believe anything, it s just a building on the side of the road. I got lucky when he said the DHR doesn t believe. He ed it to me. DHR does not believe that it has done wrong or that it owes me money. Now it s saying it is not a debtor or indebted. This is lovely. They say if they wish to pursue this matter feel free to take this into a court of record. Coca-Cola and DHR have no standing in a court of record unless some flesh and breathing entity known as DHR appears. If DHR appears I ll drop the claim. I ve never seen DHR come to life and testify in court. Keep the money; I d just love to see this. The common law court has to be between men. So they actually told me, if I wish to pursue this feel free to pursue in a court of record. I don t think they understand what a court of record is. I just thought it was great that DHR does not believe. The jury will be there but an attorney cannot testify under oath or affirmation in a court of record. That is why I used Nihil dices judgment which means that the wrongdoer failed to tell his attorney what he wants to do in his defense. So the attorney obviously is going to show up. Did DHR magically 3

4 spoke to the attorney like they spoke to me in an . Your client said this to me Mr. Attorney so where is your client, DHR who said they believed they had done nothing wrong? You guys sent me this letter from DHR through this attorney? Are you telling me your client failed to tell you what to do? I can go for nihil dices judgment instead of default judgment. I could go for default judgment too, because obviously they are not going to appear. But if the attorney appears there is still the nihil dices judgment. That means the defendant failed to tell the attorney what to do. That judgment will be tendered within 21 days. On the 22 nd day it will be done. I ll chop this down some more, but I was in the mood to start it this morning. Things can get pretty silly pretty quick with a court clerk (not a clerk of the court). Her underlings are subordinate to her so you talk to the court clerk. Not the clerk of court. So I have set the rules with Debbie, the court clerk (separate office from the head judge) and she is the one who is supposed to write the judge and magistrate s pay checks, assign the cases to the judges, set the docket and do the case load for the judges and she s the big brain of the court. She is supposed to be there forever. Judges come and go, don t get elected, new ones get elected. They move on. She is supposed to be there forever. I used the word you over and over and I require (demand a right) of you as the court clerk not to move my case out of a court of record. No civil rights nonsense. Just leave it right where it is. You are to file my case, a private right of action, and you file it with diversity. You can t use private action if you use a federal question, a constitutional questions or a US defendant, than you can t use diversity. Diversity is exactly what I am doing. I have not been A CITIZEN OF ALABAMA in my entire life, so I clearly qualify for diversity and obviously I am not a building on the side of the highway. So I can claim diversity between me and the DHR in a heartbeat. When World Wrestling Federation got sued kids getting hurt when they jumping off the beds with the Hulk Hogan dolls WWF added WWE after they lost billions in court. Nobody got a dime. WWF died and the parents got nothing and WWE came to life. So people ask how I will get DHR? DHR used to be Alabama Pension and Welfare Fund in the early 90s. They got sued for a lot of money so they changed the name after they lost a big case. They were sued by R.C. (a child). They changed the name. If they change the name I will go after the agents act on behalf of the principal who are all indemnified through the finance division of the state for $1million for every wrong, act of omission or neglect in which they caused me harm. Greg: I think I heard Dean Clifford say you sign it I AM. Karl: Did someone say Dean Clifford is on. Greg: I was looking at the chat and a guest thinks you are working behind Peter. Karl: who is Peter? I think I heard Dean say something about using I AM. I don t decapitate my i and diminish my capacity. I want to keep my head on my shoulders. So it s i am. Karl: I forgot to put my thumbprint on it. I didn t put my name on the claim, I just wrote I a man: prosecutor and I made a line under it. I m not versus, I m not fighting with DHR. signed it prosecutor. I said that DHR is a wrongdoer. I m not here to argue I am 4

5 here to declare they did me wrong and make a claim. I m not here to argue, I m here to state a fact and to declare. If they want to say they did not do me wrong they will get their turn. I ll say my piece and sit down. Then it s their turn. Then me as the moving party gets my turn. There is no such thing as objections and this is not what you see on tv. A real civil court doesn t do that nonsense you see on tv. The magistrate is supposed to stay out of it. I showed you months ago where a magistrate sits in a court of record in the schematic from the Federal district court. The magistrate sits to the left and in Roanoke he sits behind. What is supposed to happen is that I am supposed to say my piece to the jury. Then other side has to sit and take it, NO matter what I say about the other side to the jury they have to sit and take. Then when they have a go, I have to sit and take it. This is pretty simple with what I did. The moving party goes first, the wrong doer, then the moving party one more time, then the closing statement by the wrong doer and then the closing statement by the moving party. There s no nonsense of jumping up and screaming. Civil court is civilized. It s pretty simple. I signed my chicken scratch name at the bottom and put my thumbprint. The US Postal had a black inkpad to use. I just did a black one so they think it is a copy and the original one has color on it. The court clerk gets alarmed with color and puts up flags and she goes into the stop this clown mode. So I did nothing to draw attention to the claim. It s just black and white. When you go to court if it s open court then my belief is that I take my claim and hand it to the jury, and they can read the merits of my claim. They can read my claim. They can hand it to me and say that is beautiful, we can proceed or the jury can give it to the other side and say it s nonsense and the case is dismissed. The magistrate will take it and record it with the clerk s office. Then I will ask for the judgment. The verdict will be the judgment which will be attached and then I will ask for an order to be issued for what I claim as the compensation. Then I will work with the defendant and see what they want to do. They know they lost so now do they want the sheriffs to come down and kick in the door or do they want to do a sequestration? What do they want to do. What s your pleasure? Maybe they ll say they ll give $50 a week for a million years. Sold. I just want this done. I want to get on with my life. ********* Karl: The kids from Canada called me to thank me. I don t take money from moms and dads. I really like helping out the moms and dads. I ll help with the mortgages and credit cards. I won t take a dime from moms and dads who want to get their kids back from DHR or CPS. Dallas: is there any time while making a claim or intercoursing with the court that you should use capitalization? Karl: yes, you better believe it. I asked the attorney from the governor s office is he saw the little order the magistrate issued a few days after he read my claim and he said it was kind of a weird looking claim and kind of stylized like a lawyer would do. He said that the court has concerns with propriety. How many jurisdiction shifts did you see in that 5

6 sentence? He said four. I said God bless you. I love talking with somebody who realized the structure of the sentence and the placement of the semi-colon, the colon and the uppercase and lower case. There was significance in that he wrote the following: court, and Court. I need to put that call on the website because that was an attorney who was very proficient in the common law. I called the governor s office and they are talking about your case and they understand what you want to do. The governor s name ws Franklin I think. I recorded the call which was 31 minutes long. I had the marshals listen to it. He understands what I am doing and it s nice to talk to people who understand the structure of the sentences. These people are more intelligent than you give them credit for. I pick up nuances every time with punctuation you told me that Dallas. Dallas: I slow down on the reading to let the words on the paper soak in and what the words are saying to me. Karl: you don t just read them. All their statute law and code law, the words mean nothing and it s all based on what someone ruled on previously as a precedent and when you try to read that code it is irrelevant. They could care less what your belief of the code is. You are wasting your time trying to interpret their code. You have to go back and find the previous ruling based upon that code. You do write the code and it is not your intellectual property. You have no right to use it as that is intellectual theft. You have no right to decipher the code or tell people what it means because it isn t yours. You don t own it. Dallas: isn t it also copyrighted? Karl: that what I said and we can go into that another day. It is their intellectual property. I believe Thompson s out of Canada holds the copyright. You can use the code to compare your stuff with which is fine. But don t ever dare use their stuff in yours. Greg: when you create something from scratch it is copyrighted and it s your intellectual property. Karl: honestly no one has had an original thought since the cave man. Everyone has used something from somebody else. So unless you come up with your own unique alphabet everything is basically intellectual property from others. Dallas: how do you get around plagiarism? Greg: that is why there is a 99 year codicil on copyright. Everyone dies off and it seems like a new idea. The limit on patents is 20 years, and 99 years on copyright and trademarks. Karl: what Greg is saying is fine in the statute world but what I am saying is next Tuesday they will come up with a new rule on how long copyright lasts. I don t give a rats behind on who copyrights what, how long it is for. If it serves my purposes while I am alive and breathing and causing no harm to any other man, woman or child, I will use tool is available to me to make my life easier so I can survive. If they say they have carbon taxes and I m breathing out too much carbon so they will request a fine of $500 per day because I m breathing out too many particles of carbon and that is now intellectual property and copyrighted and trademarked property. I don t give a rats axx. Take me to a court of record and I will clean your clock. I don t give a damn what their rules are. Some asked me why I don t trademark and copyright my stuff. Are you kidding? That is the most ridiculous nonsense I have ever heard. Who in their right mind would say he hurt me because he used my stuff. That is ridiculous. How did he hurt 6

7 you? Did he hit you in the head. Oh, he accrued a financial loss? Really? Did I know that money was going to come to me or was I just conjecturing it? What will I do whip out a statistics sheet and say according to my statistics I was downloading an average of 1000 and now I m down to 990? Come on. Dallas: the point you are making is the spirit on which you are operating is one of living. But you live in a world of greedy people. Karl: I live in a world of practicality and I am not going to chase people for the rest of my life because they stole my intellectual property. I d rather turn over the ground and plant things. it s silly to spend your life chasing people for money. Greg: let me get this down to absurdities. You are a kindergarten teacher and teach the children how to use the alphabet. Are you going to make a claim that your intellectual property is now in all these children and for the rest of their lives they owe you a paycheck for teaching them the alphabet? Karl: someone tried to copyright a letter of the alphabet. I don t remember what it was. Greg: it s absurd. The real teacher is happy as a clam to know their students took what they gave them and went forward with it and did something useful. They are proud of that fact and they are not looking for payback. The fact that the student did well in their lives is the paycheck. Every once in awhile a student will come back and thank the teacher for being a hard-axx in high school. Karl: I d be laughed off the radio in France because it is all code as the common law is so far down the ladder. At this moment in time the universe is spinning for some reason my nonsense is working on this particular location on the planet. That is all. Ten or twenty years it can be totally upside down for all we know. This is what I believe to be right or wrong. Hopefully I get people within my district, within my society in a jury box to concur with me. That s all I am asking for. If I am fruit loops and nuts they will let me know. 7