Federal Wyoming judge William F Downes,
Utah judge Dee Vance Benson,
New Mexico judge John Edwards Conway
other judges too.

Conway and Benson are former FISA judges


First posted
Thursday July 5, 2007 11:16
Updated
Tuesday April 22, 2007 07:52


Wednesday November 7, 2007 09:26

Gabreski violates her oath of officer in a very visibile matter.

Worse general Gabreski, col Feehan and col Taylor have, in writing, commited a felony violation of Title 18 § 4 by not processing criminal complaint affidavits properly.

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

We did our job. Gabreski, Feehan, and Taylor did not do their jobs. Up the Air Force chain of command to Gabreski's commanding officer.


----- Original Message -----
From: bill payne
To: tanya.kubinec@wpafb.af.mil
Cc: amorales58@comcast.net ; Eichhorst, Julia E.
Sent: Tuesday, October 30, 2007 4:14 PM
Subject: world famous tanya.kubinec@wpafb.af.mil

Sorry about this BUT

"War in Iran" viz.

Iran situtation viz.

Deceleration of production slope at peak oil viz.

Let's all hope for peaceful settlement before matters get worse.

Here's the story.

best
bill

----- Original Message -----
From: bill payne
To: tanya.kubinec@wpafb.af.mil
Cc: William Bosanko ; bill payne ; Bill Leonard ; art morales
Sent: Tuesday, October 30, 2007 10:43 AM
Subject: Did General Gabreski get message?

Tuesday October 30, 10:35

No PROMISED email response from Major Kubinec.

That's what she said she would do.

tanya.kubinec@wpafb.af.mil

HISTORY OF THESE UNFORTUNATE MATTERS.

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#gabreski

cheers


Without this technology our legal project would fail. The feds usually win. Let's see what happens.


Tuesday October 30, 10:35

No PROMISED email response from Major Kubinec.

That's what she said she would do.

tanya.kubinec@wpafb.af.mil

HISTORY OF THESE UNFORTUNATE MATTERS.

Label/Receipt Number: 7007 0220 0002 8428 0628
Status: Delivered
Your item was delivered at 8:02 AM on October 29, 2007 in DAYTON, OH 45433.





Wedneday October 24, 2007 12:44

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#gabreski

Email and certified return receipt requested mail

Lieutenant General Terry L. Gabreski
AFMC/CB
4375 Chidlaw Road
Wright-Patterson AFB, Ohio 45433-5001
937-257-6106

Dear General Gabreski:

Purpose of this letter is to file a formal complaint against staff judge advocate Lieutenant Colonel Tishlyn E. Taylor and Col. Terrence A. Feehan for failure to properly process three criminal complaint affidavits forwarded to Col.Feehan pursuant to Title 18 § 4.

Officers Taylor and Feehan's failure to do their jobs as prescribed in their Oath of Officer caused two US Marshals [Kent Halverson and Leelund Bowman] to visit us on October 5, 2007 to asked whether we were going to pay two $10,000 judgments made against us by judges who did not have jurisdiction.

Marshal Halverson threatened Payne with arrest if he posted his picture on Internet.

Halverson said the Air Force Nuclear Weapons Center was going to send any complaints to the New Mexico US Attorney's office and nothing was going to be done about our prima facie criminal complaint affidavits.

Prima facia for the reason that all evidence of guilt is in writing.

We have been denied paid-for jury trial lawsuits guaranteed inviolate by 7thAmendment to US Constitution and 28 USC Rule 38.

New Mexico US Attorney's lawyer John W Zavitz filed liens against our properties for the amount of $10,018.00 each [Morales] [Payne] on October 17, 2007.

Zavitz is defendant in New Mexico state paid-for 12 person jury lawsuit which was fraudulently removed to federal court.

Zavits was sued because he, in concert with New Mexico law firm French and Associates, fraudulent removed New Mexico 01:CV:3118 to federal court. See evidence.
06/04/2001 06/05/2001 1 NOTICE OF REMOVAL from 2nd Judicial Dist with complaint for relief from harassment Case Number: 1:01:CV:3118 (referred to Magistrate Judge Don J. Svet) [69k] [4 pages] RE: [11] ANSWER by defendant Theodore C Baca... [104k] [5 pages]

Lawyer Christina Anaya is not a US Attorney but this did not stop her from removing New Mexico state lawsuit to federal court and the filing fee was paid for by French and Associates.

Harassment is not a federal question.

You see evidence of penetration of a criminal element into our judicial system and even military.

Guilt in charge of misconduct against staff judge advocate Lieutenant Colonel Tishlyn E. Taylor is supported by her own 11 Sep 07 letter.

Cols. Taylor and Feehan committed a felony violation of Title 18 § 4 in writing by not properly processing criminal complaint affidavits and try to cover-up by passing them to New Mexico US Attorney office.

As commanding officer of Taylor and Feehan, responsibility now rests in your office for processing our three criminal complaint affidavits
affidavit1
affidavit2
affidavit3

We pointed out the seriousness of one of these unfortunate matters to Col. Taylor.

We asked for a response to our Monday October 1, 2007 letter referencing published material on the seriousness of one of these matters from Col. Taylor.

Taylor did not respond.

We ask that you forward to an appropriate magistrate judge who will see that the summons are served.

We have always sought settlement of these unfortunate government-caused matters. We continue to seek settlement.

Something needs to be done to get US judicial system to work according to the laws of the country.

In the days before Internet you could get away with ignoring complaints. Now is it getting harder.

We ask that you respond as to what you are going to do to see that the criminal complaint affidavits are delivered to the proper judicial authority within ten working days of mail receipt of this letter.

Sincerely

Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
505-323-7277
amorales58@comcast.net

William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
bpayne37@ comcast.net


Message to Persian friends via The Oil Drum.

One of Payne's drinking associates is former base commander at Incirlik [pronounced Injure lick], Turkey.

His and Payne's wife went to high school and Purdue University in Lafayette, IN.

Here he is sitting on his patio in Durango, CO over labor day weekend 2005.

He flew an F105 in Vietnam. He got shot down [engine quit running], broke an ankle but was rescued.

Ever been drinking [see glass] with someone who has likely killed people?

We even visited the Blue Fox in Tijuana, BC in about 1964 for a beer.

We visited them in Las Vegas when he was stationed at Nellis, AFB.

We discuss this matter ... Hans Buehler ... but did not discuss the attempted Nojeh coup.

Maybe next visit?

He gave Payne a detailed lecture on how much fuel and F105 consumes in pounds, then he converted by mind into gallons. Smart guy. Google: "Jet A (jet fuel) at 6.84 pounds per gallon."

He's amazed we've stuck it out this long.

Payne roomed at Harrison Courts at Purdue Unviversity in 1959 with Samuel Sha Ming ... a physics graduate student, who related that during WWII children in his village ate stew with meat in it.

Sanuel said that this did not fool the children where the meat came from.

 
Case Title: Morales, et al. v. Zavitz, et al.
Case Number: 01cv01198

Judge(s): Presiding: District Judge Dee V. Benson
Office: Albuquerque


11/19/2001 11/21/2001 11 MOTION by deft John W Zavitz to dismiss based on absolute immunity [32k] [2 pages] RE: [14] RESPONSE by pltfs to deft Zavitz'... [66k] [4 pages] RE: [12] MEMORANDUM by deft John W Zavitz in... [196k] [8 pages]

10/22/2001 10/23/2001 4 MOTION by deft French & Associates to dismiss [35k] [2 pages] RE: [49] RESPONSE by pltfs to deft French's... [209k] [9 pages] RE: [48] SUPPLEMENTAL Notice by deft French &... [520k] [24 pages] RE: [15] RESPONSE by pltfs to notice of... [64k] [3 pages] RE: [5] MEMORANDUM by defendant French &... [318k] [12 pages]

10/19/2001 10/22/2001 3 ANSWER by deft John W Zavitz [1-1] [37k] [2 pages] RE: [1] NOTICE OF REMOVAL from 2nd Judicial... [72k] [4 pages]

10/18/2001 10/22/2001 2 NOTICE by deft John W Zavitz (USA) of filing copies of state court records [26k] [2 pages]

10/16/2001 10/16/2001 1 NOTICE OF REMOVAL from 2nd Judicial District Court Case Number: 1:01:CV:6293 w/state court complaint (referred to Magistrate Judge Lorenzo F. Garcia) [72k] [4 pages] RE: [22] ANSWER by deft William F Downes [1-1]... [109k] [4 pages] RE: [3] ANSWER by deft John W Zavitz [1-1]... [37k] [2 pages]

All of the judgments are voidable.

We need to get Zavitz in front of a New Mexico state jury.





Tuesday October 30, 2007 07:26

Our NSA lawsuit was absolutely essential for visibility reasons in our legal project.

Cryptome posted.


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#history


Crises in Iran and Iraq

Events in Iran and Iraq led to another round of crude oil price increases in 1979 and 1980. The Iranian revolution resulted in the loss of 2 to 2.5 million barrels per day of oil production between November, 1978 and June, 1979. At one point production almost halted.

While the Iranian revolution was the proximate cause of what would be the highest prices in post-WWII history, its impact on prices would have been limited and of relatively short duration had it not been for subsequent events. Shortly after the revolution production was up to 4 million barrels per day.

Iran weakened by the revolution was invaded by Iraq in September, 1980. By November the combined production of both countries was only a million barrels per day and 6.5 million barrels per day less than a year before. As a consequence worldwide crude oil production was 10 percent lower than in 1979.

The combination of the Iranian revolution and the Iraq-Iran War cause crude oil prices to more than double increasing from from $14 in 1978 to $35 per barrel in 1981.

Twenty-six years later Iran's production is only two-thirds of the level reached under the government of Reza Pahlavi, the former Shah of Iran.

Iraq's production remains about 1.5 million barrels below its peak before the Iraq-Iran War.


But on August 7, 1991, Bakhtiar was murdered by three assassins along with his secretary, Soroush Katibeh, in his home.

Iran demonstrated its suspicion about the source of the leaks, when it arrested Hans Buehler, a top salesman for Crypto AG, in Teheran on March 18, 1992.

Sandia National Laboratories: James Gosler, Gus Simmons and the COVERT CHANNEL.

The covert channel idea is to clandestinely transmit a crypto key with the cipher text so that any listener with knowledge of the location of the crypto key is can read the cipher text. There are lots of ways to hide information in noise. And, of course, the transmitter thinks secure messages are being sent.

Hans Buehler investigates on his release from the Evin prison in Tehran.

Lieutenant General Terry Walter Gabreski

EDUCATION

1973 Bachelor of Arts degree in history, Louisiana State University, Baton Rouge
1977 Squadron Officer School, Maxwell AFB, Ala.
1978 Master's degree in public administration, Golden Gate University
1985 U.S. Army Command and General Staff College, Fort Leavenworth, Kan.
1991 Air War College, Maxwell AFB, Ala.
1993 Massachusetts Institute of Technology Fellow, Washington, D.C.
1994 Executive Program for Senior Officials in National Security, John F. Kennedy School of Government, Harvard University, Cambridge, Mass.
1997 Defense Systems Management College, Fort Belvoir, Va.
2002 The General Manager Program, Harvard Business School, Cambridge, Mass.

Effective dates of promotions

Second Lieutenant Sept. 10, 1974
First Lieutenant Sept. 10, 1976
Captain Sept. 10, 1978
Major Aug. 1, 1984
Lieutenant Colonel July 1, 1988
Colonel Dec. 1, 1992
Brigadier General March 1, 1999
Major General Dec. 1, 2002
Lieutenant General Aug. 1, 2005

She is the daughter of retired, Air Force Brigadier General Alonzo Walter and the daughter-in-law of Colonel Gabby Gabreski.

Gabreski is now sitting one valid genocide and two other criminal complaint affidavits. Which her subordinates didn't properly process. This is a title 18 felony violation of law as well a a violation of oath of officer.

They used to get away with nonsense. Before Internet.

Let's see what Gabreski does ... and her staff too.

And see what we do too.


Label/Receipt Number: 7007 0220 0002 8426 8701
Status: Delivered
Your item was delivered at 8:49 AM on October 2, 2007 in KIRTLAND AFB, NM 87117.


Label/Receipt Number: 7007 0220 0002 8426 8701
Status: Arrival at Unit

Your item arrived at 7:43 AM on October 2, 2007 in ALBUQUERQUE, NM 87116.





Monday October 1, 2007 12:57

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#taylor

certified return receipt requested

Lieutenant Colonel Tishlyn E. Taylor
Staff Judge Advocate
377th Air Base Wing
2000 Wyoming Blvd SE
Kirtland Air Force Base, NM 87117

Dear Lieutenant Colonel Taylor:

Your wrote in your September 11, 2007 letter

We received your letters dated 24 July 2007, 8 August 2007, and 6 September 2007 addressed to Colonel Terrence A. Feehan, the Nuclear Weapons Center Commander, to take action regarding Title 18 felony violations by New Mexico, Wyoming, and Utah judges.

Here are links to those letters.

1 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan1
2 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan2
3 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan3

Our first concern is to find a safe harbor from these renegade New Mexico judges who seeking malicious and unwarranted sanctions to prevent us from seeking and proving truth and justice.

You failed to mention criminal complaint affidavits, with all evidence of guilt in writing, filed against New Mexico federal judge M Christina Armijo and magistrate Lorenzo F Garcia.

To ensure proper disposition of your concerns, we have forwarded all three letters, the criminal complaint affidavit, and Civil No. 97-266 MCA/LFG to the Civil Chief at the US Attorney's Office in Albuquerque, NM for action.

We believe that your forwarding all three letters, and criminal complaint affidavits it the civil chief at the US Attorney's office in Albuquerque is an inappropriate action on Colonel Feehan's and your part.

In doing so you and Colonel Feehan may appear to be involved in an attempted cover-up of an alleged felony crime.

This in not in line with your oath of office as Air as Air Force officers bound to uphold the US Constitution and
Title 18 § 4.

Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

You and Colonel Feehan attempt to defeat safeguards built into the US Constitution to defeat corruption within the legal system by not doing your jobs.

Named criminals judge Armijo and Garcia along with US Attorney's office threaten us instead of properly ruling on motion to vacate judgment and strike from docket criminal complaint against Brzezinski.

As you can see the accused judges have assigned the US Attorney's office to collect exorbitant fines from plaintiffs. This violates plaintiff due process by not ruling on plaintiffs' motion but blatantly retaliating with large fines and possible incarceration.

You due under the law is provide us a safe harbor from these renegade judges until due process an untainted authorities can intervene.

This is serious business.

Nojeh Coup

In July 1980, Zbigniew Brzezinski of the United States met Jordan's King Hussein in Amman to discuss detailed plans for Saddam Hussein to sponsor a coup in Iran against Khomeini. King Hussein was Saddam's closest confidant in the Arab world, and served as an intermediary during the planning. The Iraqi invasion of Iran would be launched under the pretext of a call for aid from Iranian loyalist officers plotting their own uprising on July 9, 1980 (codenamed Nojeh, after Shahrokhi/Nojeh air base in Hamedan). The Iranian officers were organized by Shapour Bakhtiar, who had fled to France when Khomeini seized power, but was operating from Baghdad and Sulimaniyah at the time of Brzezinski's meeting with Hussein. However, Khomeini learned of the Nojeh Coup plan from Soviet agents in France and Latin America. Shortly after Brzezinski's meeting with Hussein, the President of Iran, Abolhassan Bani-Sadr quietly rounded up 600 of the loyalist plotters within Iran, putting an effective end to the Nojeh Coup.[5] Saddam decided to invade without the Iranian officers' assistance, beginning the Iran-Iraq war on 22 September 1980.

because

In The Longest War: The Iran-Iraq Military Conflict by Dilip Hiro states on the cover text,

How was Iraq - at a 3 to 1 disadvantage in population - able to sustain an eight year war and arm one-tenth of its entire population? ... It had been a bloody and expensive conflict. Conservative Western estimate put the total number of war dead at 367,000 - Iran accounting for 262,000 and Iraq 105,000. With more than 70,000 injured, the total casualties were put at over million. The official figures, given a month later by minister of Islamic guidance in a radio interview, put the Iranian dead at 123,220 combatants, and another 60,711 missing in action. In addition 11,000 civilians had lost their lives. Tehran's total of nearly 200,000 troops and civilians killed was in stark contrast to Bagdad's estimate of 800,000 Iranian dead." page 250.

You wrote

I am sure that the US Attorney's Office will be best suited to address the issues you presented in your letters. In the future, please provide issues of this nature directly to the US Attorney's office.

Again, the criminal complaint affidavit was sent to Colonel Feehan to see that it is properly processed.

So we're going to give you an opportunity to correct your and Colonel Feehan's wrongful thoughts and lapse in judgment.

We ask that you and Colonel Feehan deliver the criminal complaints as directed by Title 18 § 4 to some other judge, called a magistrate, not in New Mexico, who will properly process them. All evidence of guilt of accused is in writing.

You did not send us the address and phone number of your and Colonel Feehan's commanding officer, General Gabreski at Wright-Patterson AFB.

We ask that you do this because if you do not wish do your jobs as required by your oath office [AIR FORCE INSTRUCTION 36-2006],
then we will file formal performance deficiency complaints against you and Colonel Feehan with the Air Force.

If you and Colonel Feehan's do not correct your mistakes and do the right thing to try to avert possible consequences for Carter administration serious unfortunatte decisions, then the Air Force may be compelled take action against you two for visibility reasons.

We ask that both actions be completed within 5 working days of receipt of this letter which will be posted at usps.com, Track & Confirm.

We continue to believe that peaceful settlement of these unfortunate matters is in the best interests of all concerned, if not everyone.

We ask for settlement payment of $1,000 per docket entry, including recently striken entries, for our labor in Civil No. 97-266 MCA/LFG. And that NSA post documents requested Civil No. 97-266 MCA/LFG on Internet. We continue to hope of settlement on outstanding cases.


Sincerely,


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net


Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108

amorales58@comcast.net

Distribution

bill.leonard@nara.gov
gregory.pannoni@nara.gov
foialo@nsa.gov
julia.eichhorst@ic.fbi.gov
the.secretary@hq.doe.gov
alexander.morris@hq.doe.gov
McClenaghan c/o jayala4@leo.gov



In the military it is always the commanding officer who is ultimately responsible. If the commanding officer appoints an incompetent to do a job, then the commanding officer gets relieved of command.


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#tishlyn



This is pretty serious stuff

1 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan1
2 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan2
3 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan3

Especially the genocide criminal complaint affidavit

Perhaps staff judge advocate Lieutenant Colonel Tishlyn E Taylor should have sent the criminal complaint affidavits to a magistrate rather than the Civil Chief at the US Attorney's Office in Albuquerque?



DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 377TH AIR BASE WING (AFMC)
KIRTLAND AIR FORCE BASE NEW MEXICO

11 Sep07


Mr. William H. Payne
13015 Calle de Sandia NE
Albuquerque, NM 87111

Dear Mr. Payne

We received your letters dated 24 July 2007, 8 August 2007, and 6 September 2007 addressed to Colonel Terrence A. Feehan, the Nuclear Weapons Center Commander, to take action regarding Title 18 felony violations by New Mexico, Wyoming, and Utah judges. To ensure proper disposition of your concerns, we have forwarded all three letters, the criminal complaint affidavit, and Civil No. 97-266 MCA/LFG to the Civil Chief at the US Attorney's Office in Albuquerque, NM for action.

I am sure that the US Attorney's Office will be best suited to address the issues you presented in your letters. In the future, please provide issues of this nature directly to the US Attorney's office.

Sincerely,

TISHLYN E. TAYLOR


Sunday September 30, 2007 15:53

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#taylor

certified return receipt requested

Lieutenant Colonel Tishlyn E. Taylor
Staff Judge Advocate
377th Air Base Wing
2000 Wyoming Blvd SE
Kirtland Air Force Base, NM 87117

Dear Lieutenant Colonel Taylor:

Your wrote in your September 11, 2007 letter

We received your letters dated 24 July 2007, 8 August 2007, and 6 September 2007 addressed to Colonel Terrence A. Feehan, the Nuclear Weapons Center Commander, to take action regarding Title 18 felony violations by New Mexico, Wyoming, and Utah judges.

appears to be partially incorrect. We do not believe we references Wyoming and Utah judges.

Here are links to those letters.

1 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan1
2 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan2
3 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan3

You failed to mention criminal complaint affidavits, with all evidence of guilt in writing, filed against New Mexico federal judge M Christina Armijo and magistrate Lorenzo F Garcia.

To ensure proper disposition of your concerns, we have forwarded all three letters, the criminal complaint affidavit, and Civil No. 97-266 MCA/LFG to the Civil Chief at the US Attorney's Office in Albuquerque, NM for action.

We believe that your forwarding all three letters, and criminal complaint affidavits it the civil chief at the US Attorney's office in Albuquerque is an inappropriate action on Colonel Feehan's and your part.

You and Colonel Feehan appear to be involved in an attempted cover-up of an alleged felony crime.

This in not in line with your oath of office as Air as Air Force officers bound to uphold the US Constitution and
Title 18 § 4.

Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

You and Colonel Feehan attempt to defeat safeguards built into the US Constitution to defeat corruption within the legal system by not doing your jobs.

Named criminals judge Armijo and Garcia along with US Attorney's office threaten us instead of properly ruling on motion to vacate judgment and strike from docket criminal complaint against Brzezinski.

This is serious business.

Nojeh Coup

In July 1980, Zbigniew Brzezinski of the United States met Jordan's King Hussein in Amman to discuss detailed plans for Saddam Hussein to sponsor a coup in Iran against Khomeini. King Hussein was Saddam's closest confidant in the Arab world, and served as an intermediary during the planning. The Iraqi invasion of Iran would be launched under the pretext of a call for aid from Iranian loyalist officers plotting their own uprising on July 9, 1980 (codenamed Nojeh, after Shahrokhi/Nojeh air base in Hamedan). The Iranian officers were organized by Shapour Bakhtiar, who had fled to France when Khomeini seized power, but was operating from Baghdad and Sulimaniyah at the time of Brzezinski's meeting with Hussein. However, Khomeini learned of the Nojeh Coup plan from Soviet agents in France and Latin America. Shortly after Brzezinski's meeting with Hussein, the President of Iran, Abolhassan Bani-Sadr quietly rounded up 600 of the loyalist plotters within Iran, putting an effective end to the Nojeh Coup.[5] Saddam decided to invade without the Iranian officers' assistance, beginning the Iran-Iraq war on 22 September 1980.

because

In The Longest War: The Iran-Iraq Military Conflict by Dilip Hiro states on the cover text,

How was Iraq - at a 3 to 1 disadvantage in population - able to sustain an eight year war and arm one-tenth of its entire population? ... It had been a bloody and expensive conflict. Conservative Western estimate put the total number of war dead at 367,000 - Iran accounting for 262,000 and Iraq 105,000. With more than 70,000 injured, the total casualties were put at over million. The official figures, given a month later by minister of Islamic guidance in a radio interview, put the Iranian dead at 123,220 combatants, and another 60,711 missing in action. In addition 11,000 civilians had lost their lives. Tehran's total of nearly 200,000 troops and civilians killed was in stark contrast to Bagdad's estimate of 800,000 Iranian dead." page 250.

You wrote

I am sure that the US Attorney's Office will be best suited to address the issues you presented in your letters. In the future, please provide issues of this nature directly to the US Attorney's office.

The criminal complaint affidavit was sent to Colonel Feehan to see that it is properly processed.

So we're going to give you an opportunity to correct your and Colonel Feehan's lapse in judgment.

We ask that you and Colonel Feehan deliver the criminal complaints as directed by Title 18 § 4 to some other judge, called a magistrate, not in New Mexico, who will properly process them. All evidence of guilt of accused is in writing.

You did not send us the address and phone number of your and Colonel Feehan's commanding officer, General Gabreski at Wright-Patterson AFB.

We ask that you do this because if you do not do your jobs as required by your oath office [AIR FORCE INSTRUCTION 36-2006],
then we will file formal performance deficiency complaints against you and Colonel Feehan with the Air Force.

We ask that both actions be completed within 5 working days of receipt of this letter which will be posted at usps.com, Track & Confirm.

Sincerely,


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net


Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108

amorales58@comcast.net
In the military it is always the commanding officer who is ultimately responsible. If the commanding officer appoints an incompetent to do a job, then the commanding officer gets relieved of command.


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#tishlyn



This is pretty serious stuff

1 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan1
2 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan2
3 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan3

Especially the genocide criminal complaint affidavit

Perhaps staff judge advocate Lieutenant Colonel Tishlyn E Taylor should have sent the criminal complaint affidavits to a magistrate rather than the Civil Chief at the US Attorney's Office in Albuquerque?



DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 377TH AIR BASE WING (AFMC)
KIRTLAND AIR FORCE BASE NEW MEXICO

11 Sep07


Mr. William H. Payne
13015 Calle de Sandia NE
Albuquerque, NM 87111

Dear Mr. Payne

We received your letters dated 24 July 2007, 8 August 2007, and 6 September 2007 addressed to Colonel Terrence A. Feehan, the Nuclear Weapons Center Commander, to take action regarding Title 18 felony violations by New Mexico, Wyoming, and Utah judges. To ensure proper disposition of your concerns, we have forwarded all three letters, the criminal complaint affidavit, and Civil No. 97-266 MCA/LFG to the Civil Chief at the US Attorney's Office in Albuquerque, NM for action.

I am sure that the US Attorney's Office will be best suited to address the issues you presented in your letters. In the future, please provide issues of this nature directly to the US Attorney's office.

Sincerely,

TISHLYN E. TAYLOR


Armijo's order was filed on August 27, 2007.

We get three additional days for service by mail. Since the time to respond is less than 11 days under Rule 6(a) intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computations. Monday September 3, 2007 was labor day.

We must respond with a Rule 59(e) motion within 10 days of August 27, 2007. We calculate this to be September 14, 2007.

Armijo must respond to our motion ... or even be in more trouble.


Clerk of New Mexico federal court has been good about docketing our filings. A reason?


And you as clerk of the US Supeme Court were required to sign under 28 USC § 951. Oath of office of clerks and deputies states

Each clerk of court and his deputies shall take the following oath or affirmation before entering upon their duties: “I, XXX XXX, having been appointed XXX, do solemnly swear (or affirm) that I will truly and faithfully enter and record all orders, decrees, judgments and proceedings of such court, and will faithfully and impartially discharge all other duties of my office according to the best of my abilities and understanding. So help me God.”

Vancouver, BC email

----- Original Message -----

From: A...
To: bill payne
Sent: Wednesday, September 05, 2007 5:15 PM
Subject: RE: What's your next move

Good luck, I hope you encounter someone honest enough to do the right thing.

We're in big trouble if the US attacks Iran. I wish I could say the authorities would never do something so stupid, but that would be putting too much faith in the existence of intelligent life within leadership circles.

I think positions of authority may require about 100 IQ brain power dump.

A....


----- Original Message -----
From:
To: william h payne
Sent: Wednesday, September 05, 2007 1:08 PM
Subject: 59(e)

Bill: I absolutely feel that since receiving the order you must do a 59(e) motion within 10 days. You can use what I previously sent you. If you need help let me know. We cannot accept this order without a 59(e) motion on your part. xxxx


Email from Vancouver, BC.

----- Original Message -----
From: A ...
To: bill payne
Sent: Tuesday, September 04, 2007 10:57 PM
Subject: RE: vancouver island in background

Looks like you're not having the best round of news. What's your next move? Incompetent criminals can be very dangerous to your well being. - A



Label/Receipt Number: 7006 3450 0002 2278 6725
Status: Delivered

Your item was delivered at 8:51 AM on September 10, 2007 in KIRTLAND AFB, NM 87117.

Thursday September 6, 2007 06:03

Certified return receipt requested

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan3

Col. Terrence A. Feehan, Commander
Nuclear Weapons Center
2000 Wyoming Bvld SE
KAFB, NM 87117

Dear Col. Feehan:

Judge M Christina Armijo committed two Title 18 felony violations of law in writing is court record in 97 cv 266.

You are assigned the task of seeing that the Armijo criminal complaint is properly processed as authorized under Title 18 § 4.

Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

You are the nearest military authority.

CRIMINAL COMPLAINT AFFIDAVIT

COUNT 1

Judge M Christina Armijo is charged with violation of Title 18 § 1510. Obstruction of criminal investigation for ordering striken from docket [entry 85] on August 27, 2007 in 97-cv-00266-MCA-LFG.
06/12/2007 85 STRICKEN from the record pursuant to 100 Order - REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) Modified docket text on 8/28/2007 (ln). (Entered: 06/12/2007)

08/27/2007 100 ORDER by Judge M. Christina Armijo Adopting Report and Recommendations, Striking Pleadings, and Imposing Sanctions 95 (jab) (Entered: 08/27/2007)


COUNT 2

Judge M Christina Armijo is charged with violation of Title 18 § 241 and § 242 for issuing order:
IT IS FURTHER ORDERED that the Clerk of Court will accept no further filings from Plaintiffs in this case, save for a notice of appeal, other than the payments ordered above.

It is due processs civil right of plaintiffs to be able to defend themselves in court and file under Federal Rules of Civil Procedure Rule 59(e) or Rule 60(b)(3) [fraud] or (4) [void].


SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this day of

_____________


________________________________
Arthur R Morales

SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this day of

_____________


________________________________
William H Payne
Verification

Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this pleading are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true. Notary Public


______________________________________


Docket entry 85 "REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) (Entered: 06/12/2007)" in section 15 contains the criminal complaint affidavit

is now your responsiblity to see that it is properly processed, investigated, and disposed of.

We speculate this



may have occured as a result of you not properly processing the criminal complaint affavits we sent you on Wednesday August 8, 2007 and Tuesday July 24, 2007

Failure to not do your job is, of course, a violation of your oath of office as an Air Force officer.

We ask that you send us the address and phone number of your commanding officer General Gabreski at Wright Patterson AFB.

We ask that you respond to us in writing by Wednesday September 12, 2007.

Sincerely,


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net


Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net

distribution

U.S. House of Representative Committee on the Judiciary
United States Senate Committee on the Judiciary



Small envelope contained Payne' check and



















Big envelope contained Morales check, same information as in small envelope, our motion and mandatory notice.

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan2

Let's see what Feehan and the Air Force does.

Mental health, competency, and educational issues should be of concern to the opposition.

Looks like a rather large group of mentally ill have gotten together ... led, of course, by James Gosler.

On information and belief the INTEL which resulted in the below paragraph

Failed Nojeh Coup In July 1980, the U.S. national security adviser Zbigniew Brzezinski met Jordan's King Hussein in Amman to discuss detailed plans for Saddam Hussein to sponsor a coup in Iran against Khomeini. King Hussein was Saddam's closest confidant in the Arab world, and served as an intermediary during the planning. The Iraqi invasion of Iran would be launched under the pretext of a call for aid from Iranian loyalist officers plotting their own uprising on July 9, 1980 (codenamed Nojeh, after Shahrokhi/Nojeh air base in Hamedan). The Iranian officers were organized by Shapour Bakhtiar, who had fled to France when Khomeini seized power, but was operating from Baghdad and Sulimaniyah at the time of Brzezinski's meeting with Hussein. However, Khomeini learned of the Nojeh Coup plan from Soviet agents in France, Pakistan, and Latin America. Shortly after Brzezinski's meeting with Hussein, the President of Iran, Abolhassan Bani-Sadr quietly rounded up six hundred officers and executed many of them, putting an effective end to the Nojeh Coup [2]. Saddam would decide to invade without the Iranian officer's assistance, beginning the Iran-Iraq war on 22 September 1980.

was collected by Persian intelligence.

Claiming that Brzezinski is innocent may not be a good idea.



Label/Receipt Number: 7006 2760 0005 0089 9298
Status: Acceptance

Your item was accepted at 11:46 AM on August 8, 2007 in ALBUQUERQUE, NM 87111.


Label/Receipt Number: 7006 2760 0005 0089 9298
Status: Arrival at Unit

Your item arrived at 7:21 AM on August 10, 2007 in ALBUQUERQUE, NM 87116


Label/Receipt Number: 7006 2760 0005 0089 9298
Status: Delivered

Your item was delivered at 8:43 AM on August 10, 2007 in KIRTLAND AFB, NM 87117.




Wednesday August 8, 2007 10:15

Certified return receipt requested

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan2

Col. Terrence A. Feehan, Commander
Nuclear Weapons Center
2000 Wyoming Bvld SE
KAFB, NM 87117

Dear Col. Feehan:

New Mexico chief magistrate judge Lorenzo Garcia appears to have committed another Title 18 felony violation of law in writing in court records in a REPORT AND RECOMMENDATIONS FOR SANCTION AND STRIKING OF DOCUMENTS file stamped July 31, 2007. See docket entry 95.

In addition, Garcia falsely accuses us of

The Court’s Order to Show Cause required a written response and supporting affidavits no later than July 25, 2007. Neither Payne nor Morales complied with the Court’s directive. Neither filed a response to the Order to Show Cause, nor did they offer any rationale why the pleadings should not be stricken or denied, or why they should not be sanctioned for their abusive litigation practices. Neither Plaintiff sought any extension of time within which to comply with the Court’s order.

because docket entry numbers 93 and 94 show that we responded on time.

Garcia violated due process by not allowing judge M Christina Armijo to rule on our MOTION TO VOID ORDER OF REFERENCE FOR LACK OF JURISDICTION and accompanying MANDATORY JUDICIAL NOTICE AND AUTHORITIES TO VOID ORDER OF REFERENCE FOR LACK OF JURISDICTION which was a response to Garcia and mailed on 07/25/2007 03:43:28 PM in compliance with Rule 5(b)(2)(B).

We enclose a hardcopy of Garcia's REPORT AND RECOMMENDATION for Sanctions and Striking of Documents.

Electronic copies are posted at http://www.prosefights.org/nmlegal/nsalawsuit/nsalawsuit.htm#garciasanctions and in pdf at http://www.prosefights.org/nmlegal/nsalawsuit/pacerdockeaugust62007/garciathreats.pdf

Garcia's report was written as a result of a Order of Reference written by judge M Christina Armijo.

Armijo wrote

Judge Garcia shall issue his Report and Recommendation to the Court in accord with the requirements of 28 U.S.C. § 636(b)(1).

28 U.S.C. § 636(b)(1) states

§ 636. Jurisdiction, powers, and temporary assignment

(b)

(1) Notwithstanding any provision of law to the contrary—

(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.

(B) a judge may also designate a magistrate judge to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial [1] relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement.

This is not a "pretrial matter pending before the court" and therefore judges Armijo and Garcia have demonstrated, in writing, inability of a judge to proceed under Rule 63, Rule 53 and, consequently, 28 U.S.C. § 455.

Futhermore, from our July 24, 2007 14:02 criminal complaint affidavit sent to you, you must realize that the judges mentioned by Garcia have systematically denied us our right to trial by jury guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38. So we have been forced to seek justice in several other courts including different states.

The criminal complaint affidavit we sent was received by your office on 8:43 AM on August 1, 2007.

The criminal complaint affidavit, with all evidence of guilt of accused in writing in court records, names, among other judges Wyoming chief judge Downes, and New Mexico judges Conway, Garcia, Scott, and Brown.

Garcia attempts to use rulings by Wyoming chief judge Downes, and New Mexico judges Conway, Scott, and Brown to justify imposition of $10,000 sanctions against us.

But let's focus on the Title 18 felony violation of law Garcia committed in writing and take appropriate actions.

Garcia writes on page 12 of docket entry 95

The Court recommends that Plaintiffs’ pleadings 81, 82, 84, 85, 91, 93 and 94 be stricken, and that Payne be personally sanctioned in the amount of $10,000, and that Morales be sanctioned in the amount of $10,000.

Docket entry 85 "REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) (Entered: 06/12/2007)" in section 15 contains the criminal complaint affidavit

placed before the court.

The criminal complaint against Zibigniew Brzezinski should be properly investigated and disposed of by judge M Christina Armijo.

Garcia by recommending that docket entry 85, and others, be stricken has violated, in writing in a court record, § 1510. Obstruction of criminal investigations

(a) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.

[w]ith intent to obstruct a judicial proceeding, ...

Element of bribery

Title 18 § 203

(a) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly—
(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another— ...

(B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States,

in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer, or any civil, military, or naval commission; or or employee; shall be subject to the penalties set forth in section 216 of this title. ...

is shown because Garcia is not acting "as provided by law for the proper discharge of official duties" and "[r]eceives, accepts, or agrees to receive or accept any compensation ...", which is Garcia's federal salary.

CRIMINAL COMPLAINT AFFIDAVIT

COUNT 1

Magistrate judge Lorenzo Garcia is charged with violation of Title 18 § 1510. Obstruction of criminal investigation for attempting to have criminal complaint affidavit struck from docket [entry 85] on July 31, 2007 in 97-cv-00266-MCA-LFG.

COUNT 2

Magistrate judge Lorenzo Garcia is charged with violation of Title 18 § 203 for accepting money from US federal government for unlawful conduct enumerated in Count 1.

COUNT 3

Magistrate judge Lorenzo Garcia is charged with violation of Title 18 § 241. Conspiracy against rights for attempting to deny rights of citizens Morales and Payne to have motion to void judgment and associated pleadings in docket entries 81, 82, 84, 85, 91, 93 and 94 to be heard before a court of law.



SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this day of

_____________


________________________________
Arthur R Morales

SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this day of

_____________


________________________________
William H Payne
Verification

Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this pleading are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true. Notary Public


______________________________________


Failure to bring Brzezinski to justice casts a dark shadow of corruption on judicial and government branches.

Further, a failure to bring Brzezinski, and others, to justice may be an invitation for retaliation by those aggrieved by what Brzezinski and others have done.

Therefore, if judge the judge replacing Armijo does not grant requested relief in 97-cv-00266-MCA-LFG and properly begin processing the Brzezinski criminal complaint by August 24, 2007, then you are assigned the task of seeing that the Brzezinski and Garcia criminal complaints are properly processed as authorized under Title 18 § 4.

Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. You are the nearest military authority.

These unfortunate matter should have been settled years ago and are likely to become far more serious if not settled soon.

Sincerely,


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net


Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net

distribution

Judge M Christina Armijo
mcaproposedtext@nmcourt.fed.us

U.S. House of Representative Committee on the Judiciary
United States Senate Committee on the Judiciary


Armijo and Garcia apparently did not read, "a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court. ..." So what is this all about?

Look what Armijo wrote!

The Queeg balls [Captain Queeg removes the steel balls from his pocket and he spins them in his palm insistently as he speaks] are clicking again.

But Armijo and Garcia are doing it to themselves all in writing in court records.

Rule 63. Inability of a Judge to Proceed

If a trial or hearing has been commenced and the judge is unable to proceed, any other judge may proceed with it upon certifying familiarity with the record and determining that the proceedings in the case may be completed without prejudice to the parties. In a hearing or trial without a jury, the successor judge shall at the request of a party recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness.


Rule 53

The court may enter the order appointing a master only after the master has filed an affidavit disclosing whether there is any ground for disqualification under 28 U.S.C. § 455 and, if a ground for disqualification is disclosed, after the parties have consented with the court's approval to waive the disqualification.

§ 455. Disqualification of justice, judge, or magistrate judge

(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

§ 636. Jurisdiction, powers, and temporary assignment

(b)

(1) Notwithstanding any provision of law to the contrary—

(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.

(B) a judge may also designate a magistrate judge to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial [1] relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement.

(C) the magistrate judge shall file his proposed findings and recommendations under subparagraph (B) with the court and a copy shall forthwith be mailed to all parties.

Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.


CHAPTER 73—OBSTRUCTION OF JUSTICE

§ 1510. Obstruction of criminal investigations

(a) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.

[w]ith intent to obstruct a judicial proceeding, ...

CHAPTER 11—BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

Title 18 § 203. Compensation to Members of Congress, officers, and others in matters affecting the Government

(a) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly—
(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another— ...

(B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States,

in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer, or any civil, military, or naval commission; or or employee; shall be subject to the penalties set forth in section 216 of this title. ...




Email received



but not read as of Tuesday July 31, 2007 18:47.

DCD allows sending messages through a form. No direct messages. We sent two messages.

We don't know what DCD is responding to.

We asked for docket number so that we could serve respondents.

Let's read on Wednesday August 1, 2007.


Label/Receipt Number: 7006 2760 0005 0089 3982
Status: Delivered
Your item was delivered at 8:43 AM on August 1, 2007 in KIRTLAND AFB, NM 87117.

Tuesday July 24, 2007 14:02

Certified return receipt requested

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan1

Col. Terrence A. Feehan, Commander
Nuclear Weapons Center
2000 Wyoming Bvld SE
KAFB, NM 87116

Dear Col. Feehan:

Title 18 crimes have been committed against us with all evidence in writing in court records by New Mexico chief judge Parker, Wyoming chief judge Downes, Utah chief judge Benson, and New Mexico judges Conway, Hansen, Garcia, Scott, Brown and Vazquez in their attempts to avoid monetary settlement for wrongs done us by Sandia National Laboratories.

In 1992 Sandia manager James Gosler, we learned when the FBI declassified a Wayne R Gilbert letter on December 8, 2006, turned William Payne into the FBI Albuquerque office for some yet unknown national security crime. Payne denys committing any crimes. Payne was fired from Sandia Labs in 1992.

Legal efforts to obtain settlement were thwarted when judges Parker, Downes, Benson, Conway, Garcia, Scott, Brown and Vazquez exceeded their jurisdiction.

Arthur Morales and Manuel Garcia sued Sandia labs as leaders in a class action lawsuit for race discrimination. Sandia was forced into an expensive settlement. Subsequently Sandia Labs retaliated against Morales so Morales sued twice.

Hansen thwarted Morales' legal efforts by exceeding his jurisdiction by denying right to trial by jury.

In 1996 Morales and Payne joined forces to legally do something about judicial misconduct. Our joint legal effort was  CIV NO 97 0266 SC/DJS.

This case was dismissed improperly by the late judge Santiago Campos.

We demanded jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Therefore we invoked right to file to void judgment or order under Federal Rule of Civ. P. 60(b)(4) allows

Any judgment rendered by a court which lacks jurisdiction, either of the subject matter of the parties, or lacks inherent power to enter the particular judgment, or entered an Order which violated due process or was procured through extrinsic or collateral fraud, is null and void, and can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court.

Docket of CIV NO 97 0266 SC/DJS shows that on 05/16/2007 plaintiffs elected to file Motion to Set Aside Judgment as is their right under the Federal Rules of Civil Procedure. Motion was properly docketed on May 16, 2007.

Because of this action we are being threatened by judges

[i]mposition of sanctions, including censure, striking pleadings, imposition of fines and/or incarceration of the Plaintiffs. ...

and

[t]he imposition of sanctions, including but not limited to, censure, striking pleadings, and imposition of fines. ...

These judges overstepped their judicial authority in a number of cases, as a result, we are filed on Tuesday July 24, 2007 08:06:17AM to void judgments at the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

Our two filings are posted on Internet at

1 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#motion
2 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#notice

Judges Parker, Downes, Benson, Conway, Garcia, Scott, Brown and Vazquez appear to think that they can get away denying rights of citizens. They do this by attempting to cover up for each other. Specifically, they will not hold one-another accountable for not doing their job as required by their oath of office.

Framers of the US legal system took into account the possibility of crimes might go unprosecuted because of judges not doing their jobs.

We have been advised to invoke

Title 18 § 4. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

You are the nearest military authority.

So we enclose the original of our criminal complaint affidavit which is posted on Internet at http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#criminal for your proper processing.

Evidence of guilt of the accused in all in writing in court records so investigation should lead to prompt issuance of summons.

We ask to receive copies of the summons when they are issued.

Sincerely,


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net


Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net

distribution

Ms Nancy Mayer-Whittington
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
U.S. District Court Clerk’s Office
333 Constitution Avenue, NW, Room 1225,
Washington, DC 20001

U.S. House of Representative Committee on the Judiciary
United States Senate Committee on the Judiciary


 
IRAN SPY STING SUMMARY
Wednesday July 25, 2007 06:44
Recent publication reveals that Zibgniew Brzezinski and others incited Saddam Hussein to attack Iran through then Jordanian King Hussein I bin Talal.

King Abdullah has been alerted
.

US intelligence agencies apparently helped instigate the failed Nojeh coup with Shapour Bakhtiar to kill Ruhollah Khomeini.

Soviet agents in France and Latin America provided information of the attempted coup to then president of Iran, Abolhassan Bani-Sadr who quietly had 600 of the loyalist plotters within Iran rounded up, putting an effective end to the Nojeh Coup.


Shapour Bakhtiar and his secretary Soroush Katibeh were executed on August 7, 1991 by Ali Vakili Rad and Massoud Seyed Hendi in Paris.

Some of the evidence against Rad and Hendi was an American-decrypted intercepted message sent from Terhan asking, "Is Bakhtiar dead?"

Former Iranian President Hashemi Rafsanjani
's nephew, Zeynolabedine Sarhadi, was acquitted.

Hans Buehler, a top salesman for Crypto AG, was arrested in Tehran on March 18, 1992 for espionage.


James Gosler and Gus Simmons bragged about their "covert channel" work at Sandia labs meetings for NSA.

Carter is informed.

Our criminal complaint affidavit against Brzezinski and subsequent docketing in New Mexico  CIV NO 97 0266 SC/DJS is gain more significance as redundant postings appear.

Zbigniew Brzezinski and the failed Nojeh coup.

Former Bush Official Accuses White House of "Trying To Push" a First Strike from Iran

1980 - Failed Nojeh Coup(7)

Zbigniew Brzezinski, the National Security Adviser under the Carter Administration from 1977 to 1981, meets with King Hussein, the ruler of Jordan, in July to discuss plans for a coup d'etat to topple the Ayatollah Khomeini in Iran.

Saddam Hussein in Iraq is chosen to lead the coup, largely due to the fact that he views Islamic Fundamentalists as a threat to his regime, and, with the backing of the US, CIA and its Western Allies, Saddam leads the failed Nojeh coup d'etat to remove Khomeini on July 9.

After failing to overthrow Khomeini, Saddam invades Iran under the disputed pretext that Iran tried to assassinate his Foreign Minister, Tariq Aziz, on September 22.

The wikipedia quote

Failed Nojeh Coup In July 1980, the U.S. national security adviser Zbigniew Brzezinski met Jordan's King Hussein in Amman to discuss detailed plans for Saddam Hussein to sponsor a coup in Iran against Khomeini. King Hussein was Saddam's closest confidant in the Arab world, and served as an intermediary during the planning. The Iraqi invasion of Iran would be launched under the pretext of a call for aid from Iranian loyalist officers plotting their own uprising on July 9, 1980 (codenamed Nojeh, after Shahrokhi/Nojeh air base in Hamedan). The Iranian officers were organized by Shapour Bakhtiar, who had fled to France when Khomeini seized power, but was operating from Baghdad and Sulimaniyah at the time of Brzezinski's meeting with Hussein. However, Khomeini learned of the Nojeh Coup plan from Soviet agents in France,Pakistan, and Latin America. Shortly after Brzezinski's meeting with Hussein, the President of Iran, Abolhassan Bani-Sadr quietly rounded up six hundred officers and executed many of them, putting an effective end to the Nojeh Coup [2]. Saddam would decide to invade without the Iranian officer's assistance, beginning the Iran-Iraq war on 22 September 1980.

has also been reposted at Dacha Dude Weblog > Guilty Knowledge.

Dacha other informtion probably should have some redundancy

The Iranian Shah meeting with Alfred Atherton, William Sullivan, Cyrus Vance, President Carter, and Zbigniew Brzezinski, 1977 Facing a revolution, the Shah of Iran sought help from the United States. Iran occupied a strategic place in U.S. foreign policy toward the Middle East, acting as an island of stability, and a buffer against Soviet penetration into the region. He was pro-American, but domestically oppressive. The U.S. ambassador to Iran, William H. Sullivan, recalls that the U.S. national security adviser Zbigniew Brzezinski "repeatedly assured Pahlavi that the U.S. backed him fully," however these reassurances would not amount to substantive action on the part of the United States. On November 4th, 1978, Brzezinski called the Shah to tell him that the United States would "back him to the hilt." At the same time, certain high-level officials in the State Department decided that the Shah had to go, regardless of who replaced him. Brzezinski, and Energy Secretary James Schlesinger (former Secretary of Defense under Ford), continued to advocate that the U.S. support the Shah militarily. Even in the final days of the revolution, when the Shah was considered doomed no matter what the outcome of the revolution came to be, Brzezinski still advocated a U.S. invasion to stabilize Iran. President Carter could not decide how to appropriately use force, opposed a U.S. coup, ordered the Constellation aircraft carrier to the Indian Ocean, but soon countermanded his order. A deal was worked out with the Iranian generals to shift support to a moderate government, but this plan fell apart when Khomeini and his followers swept the country, taking power 12 February 1979.

"In November 1978, President Carter named the Bilderberg group's George Ball, another member of the Trilateral Commission, to head a special White House Iran task force under the National Security Council's Brzezinski. Ball recommended that Washington drop support for the Shah of Iran and support the fundamentalistic Islamic opposition of Ayatollah Khomeini. Robert Bowie from the CIA was one of the lead 'case officers' in the new CIA-led coup against the man their covert actions had placed into power 25 years earlier.

Their scheme was based on a detailed study of the phenomenon of Islamic fundamentalism, as presented by British Islamic expert, Dr. Bernard Lewis, then on assignment at Princeton University in the United States. Lewis's scheme, which was unveiled at the May 1979 Bilderberg meeting in Austria, endorsed the radical Muslim Brotherhood movement behind Khomeini, in order to promote balkanization of the entire Muslim Near East along tribal and religious lines. Lewis argued that the West should encourage autonomous groups such as the Kurds, Armenians, Lebanese Maronites, Ethiopian Copts, Azerbaijani Turks, and so forth. The chaos would spread in what he termed an 'Arc of Crisis,' which would spill over into Muslim regions of the Soviet Union.

The coup against the Shah, like that against Mossadegh in 1953, was run by British and American intelligence, with the bombastic American, Brzezinski, taking public 'credit' for getting rid of the 'corrupt' Shah, while the British characteristically remained safely in the background.

During 1978, negotiations were under way between the Shah's government and British Petroleum for renewal of the 25-year old extraction agreement. By October 1978, the talks had collapsed over a British 'offer' which demanded exclusive rights to Iran's future oil output, while refusing to guarantee purchase of the oil. With their dependence on British-controlled export apparently at an end, Iran appeared on the verge of independence in its oil sales policy for the first time since 1953, with eager prospective buyers in Germany, France, Japan and elsewhere. In its lead editorial that September, Iran's Kayhan International stated:

In retrospect, the 25-year partnership with the [British Petroleum] consortium and the 50-year relationship with British Petroleum which preceded it, have not been satisfactory ones for Iran . Looking to the future, NIOC [National Iranian Oil Company] should plan to handle all operations by itself.

London was blackmailing and putting enormous economic pressure on the Shah's regime by refusing to buy Iranian oil production, taking only 3 million or so barrels daily of an agreed minimum of 5 million barrels per day. This imposed dramatic revenue pressures on Iran, which provided the context in which religious discontent against the Shah could be fanned by trained agitators deployed by British and U.S. intelligence. In addition, strikes among oil workers at this critical juncture crippled Iranian oil production.

As Iran's domestic economic troubles grew, American 'security' advisers to the Shah's Savak secret police implemented a policy of ever more brutal repression, in a manner calculated to maximize popular antipathy to the Shah. At the same time, the Carter administration cynically began protesting abuses of 'human rights' under the Shah.

British Petroleum reportedly began to organize capital flight out of Iran, through its strong influence in Iran's financial and banking community. The British Broadcasting Corporation's Persian-language broadcasts, with dozens of Persian-speaking BBC 'correspondents' sent into even the smallest village, drummed up hysteria against the Shah. The BBC gave Ayatollah Khomeini a full propaganda platform inside Iran during this time. The British government-owned broadcasting organization refused to give the Shah's government an equal chance to reply. Repeated personal appeals from the Shah to the BBC yielded no result. Anglo-American intelligence was committed to toppling the Shah. The Shah fled in January, and by February 1979, Khomeini had been flown into Tehran to proclaim the establishment of his repressive theocratic state to replace the Shah's government.

Reflecting on his downfall months later, shortly before his death, the Shah noted from exile,

I did not know it then - perhaps I did not want to know - but it is clear to me now that the Americans wanted me out. Clearly this is what the human rights advocates in the State Department wanted. What was I to make of the Administration's sudden decision to call former Under Secretary of State George Ball to the White House as an adviser on Iran? . Ball was among those Americans who wanted to abandon me and ultimately my country.[1][1]

With the fall of the Shah and the coming to power of the fanatical Khomeini adherents in Iran, chaos was unleashed. By May 1979, the new Khomeini regime had singled out the country's nuclear power development plans and announced cancellation of the entire program for French and German nuclear reactor construction.

Iran's oil exports to the world were suddenly cut off, some 3 million barrels per day. Curiously, Saudi Arabian production in the critical days of January 1979 was also cut by some 2 million barrels per day. To add to the pressures on world oil supply, British Petroleum declared force majeure and cancelled major contracts for oil supply. Prices on the Rotterdam spot market, heavily influenced by BP and Royal Cutch Shell as the largest oil traders, soared in early 1979 as a result. The second oil shock of the 1970s was fully under way.

Indications are that the actual planners of the Iranian Khomeini coup in London and within the senior ranks of the U.S. liberal establishment decided to keep President Carter largely ignorant of the policy and its ultimate objectives. The ensuing energy crisis in the United States was a major factor in bringing about Carter's defeat a year later.

There was never a real shortage in the world supply of petroleum. Existing Saudi and Kuwaiti production capacities could at any time have met the 5-6 million barrels per day temporary shortfall, as a U.S. congressional investigation by the General Accounting Office months later confirmed.

Unusually low reserve stocks of oil held by the Seven Sisters oil multinationals contributed to creating a devastating world oil price shock, with prices for crude oil soaring from a level of some $14 per barrel in 1978 towards the astronomical heights of $40 per barrel for some grades of crude on the spot market. Long gasoline lines across America contributed to a general sense of panic, and Carter energy secretary and former CIA director, James R. Schlesinger, did not help calm matters when he told Congress and the media in February 1979 that the Iranian oil shortfall was 'prospectively more serious' than the 1973 Arab oil embargo.[2][2]

The Carter administration's Trilateral Commission foreign policy further ensured that any European effort from Germany and France to develop more cooperative trade, economic and diplomatic relations with their Soviet neighbor, under the umbrella of détente and various Soviet-west European energy agreements, was also thrown into disarray.

Carter's security adviser, Zbigniew Brzezinski, and secretary of state, Cyrus Vance, implemented their 'Arc of Crisis' policy, spreading the instability of the Iranian revolution throughout the perimeter around the Soviet Union. Throughout the Islamic perimeter from Pakistan to Iran, U.S. initiatives created instability or worse."

-- William Engdahl, A Century of War : Anglo-American Oil Politics and the New World Order, © 1992, 2004. Pluto Press Ltd. Pages 171-174.

Tuesday July 24, 2007 09:25

We phoned Feehan's office.

Terry Walker is a PR person.

We learned that General Gabreski located at Wright Patterson AFB.

Sunday July 22, 2007 13:29

Others have faced the problems of the judiciary not doing their job properly processing a criminal complaint affidvit. Others advised us on a possible solution. A military base complaint.

AF Oath of Office

Oath: I, ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the president of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

§ 4. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Kirtland Air Force Base, New Mexico

Col. Terrence A. Feehan
Commander

Let's verify tht Feehan is, in fact, base commander and get a mailing adddresss.

NUCLEAR WEAPONS CENTER (NWC)
Commander ........................... CC ............. 846-6567
Executive Officer .................. CCE ........... 846-2494
Secretary ............................... CCS ........... 846-6567

We spoke with secretary Lt Martagon. At first Martagon was not going to give a mailing address. Then there was a long pause while Martagon conferred with some other[s]. The Martagon supplied the information

Col. Terrence A. Feehan, Commander
Nuclear Weapons Center
2000 Wyoming Bvld SE
KAFB, NM 87116
c/o Terry Walker

We have a plan in the case judge Armijo disagrees that

6 When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary. 4

Title 18 § 4. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

A criminal complaint affidavit directed to Kirtland AFB against federal court miscreants?

Our opposition judges and others are racking up Title 18 USC 241 and 242 [Morales in a minority class member] felony violation of law in writing.



Roberts, of course, has been caught in writing violating his oath of office.










Monday July 23, 2007 13:24

Certified return receipt requested

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#clerk

Ms Nancy Mayer-Whittington
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
U.S. District Court Clerk’s Office
333 Constitution Avenue, NW, Room 1225,
Washington, DC 20001

Dear Ms Mayer-Whittington:

Enclosed is MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MANDATORY JUDICIAL and NOTICE AND AUTHORITIES TO VOID JUDGMENT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

We also enclose two checks for $175 each for the filing fee.

Please return only a file stamped copy of the first page of our two filings.

New Mexico federal court only requires that an original copy be filed since the original are scanned and sent electronically to PACER.

Our two filings are posted on Internet at

1 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#motion
2 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#notice

The posting contain links to copies of the court documents referenced in our assertions.

We have been threatened us with "[i]mposition of sanctions, including censure, striking pleadings, imposition of fines and/or incarceration of the Plaintiffs. ..." for our filing for void judgment in   CIV NO 97 0266 SC/DJS in New Mexico so we ask that the NO CONTACT ORDER be promptly signed an a copy sent to us, preferably by email.

Criminal complaint affidavit for these threats and denial of our civil right have been sent to the commander at Kirtland AFB for processing.

Judge Harry Edwards was advised about this matter in complaint sent to him on July 16, 1996

Uneasy feeling

and received

Oh shit!

But nothing positive happened in 1996 with judge Edwards and clerk Bradford Baldus to help settle these unfortuante matters.

Matters have gotten far worse since then.

We hope that our filings will be properly processed and that this will lead to peaceful settlement of these unfortunate matters

Sincerely,


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net

Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net








Sunday July 22, 2007 07:20


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#criminal



CRIMINAL COMPLAINT AFFIDAVIT

Below individuals violated in writing in court records of Title 18 USC 241 and 242 by denying right to New Mexico paid for 12 person state jury trial lawsuits, or by denying right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38, or by denying petitioners civil rights to file documents in court or represent themselves pro se.

These Title 18 felony violation of law are defined:
§ 241. Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured— They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

and

§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
CountS SUPPORTED BY WRITTEN EVIDENCE OF GUILT TAKEN FROM COURT FILES

1 Judge James A Parker


Charge 1

New Mexico 12 person jury trial lawsuit CV 2000-10278 is removed to federal court without mandatory verification by assistant US attorney Phyllis A Dow on 11/27/2000.

New Mexico CV 2000-10278 is given federal case number 00cv01677. It is assigned to judge William F Downes by New Mexico chief judge James A Parker on 03/27/2001.

Parker denies civil right of complainant Payne to 12 persons jury trial New Mexico CV 2000-10278.

Parker violates § 241. Conspiracy against rights in writing in court record.

Charge 2

New Mexico 12 person jury trial lawsuit CV 2000-10289
is removed to federal court on
without mandatory verification by assistant US attorney Raymond Hamilton on 11/08/2000.

New Mexico CV 2000-1028900 is given federal case number 00cv1574. Case is reassigned from judge Martha Vazquez to to judge William F Downes by New Mexico chief judge James A Parker on 03/27/2001.

Parker denies civil right of complainants Morales and Payne to 12 persons jury trial New Mexico CV 2000-1028900.

Parker violates § 241. Conspiracy against rights in writing in court record.

Charge 3

New Mexico 12 person jury trial lawsuit CV-2001-03118
is removed to federal court without mandatory verification by French law firm and private attorney Christina E Anaya representing state defendant judge Ted Baca on 06/04/2001.

New Mexico CV 2001-03118 is given federal case number 01 cv 0634. New Mexico chief judge James A Parker recuses all judicial officers of the District of New Mexico; and reassigns the case to the Hon. William F. Downes, Chief U.S. District Judge District of Wyoming on 06/12/2001.

Parker denies civil right of complainants Morales and Payne to 12 persons jury trial New Mexico CV 2001-03118.

Parker violates § 241. Conspiracy against rights in writing in court record.

Charge 4

New Mexico 12 person jury trial lawsuit CV 2001-06293 is removed to federal court without mandatory verification by assistant US attorney Michael H Hoses.

New Mexico CV 2001-6293 is given federal case number 01 CV 1198. New Mexico chief judge issues ORDER OF RECUSAL by Chief Judge James A. Parker and reassigns case to Chief Judge Dee V. Benson for the District of Utah on 10/25/2001.


Parker denies civil right of complainants Morales and Payne to 12 persons jury trial New Mexico CV 2001-6293.

Parker violates § 241. Conspiracy against rights in writing in court record.


Charge 5

New Mexico 12 person jury trial lawsuit CV 2001-05900 is removed to federal court without mandatory verification by assistant US attorney Michael H Hoses.

New Mexico CV 2001-05900 is given federal case number 01 cv 1132. New Mexico chief Judge James A. Parker orders that all judicial officers of the District of New Mexico recuse in this action, and this case is reassigned to the Honorable Dee V Benson, Chief United States District Judge for the District of Utah on 10/24/2001.

Parker denies civil right of complainants Morales and Payne to 12 persons jury trial New Mexico CV 2001-05900.

Parker violates § 241. Conspiracy against rights in writing in court record.

2 Judge William F Downes
Charge 1

Downes dismisses 00cv01677 on 05/30/2003 thus denying petitioner Payne right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Downes violates § 241. Conspiracy against rights in writing in court record.

Charge 2

On 11/18/2004 ORDER issued by District Judge William F. Downes striking pltf's affidavit [121-1] and directing the Clerk of Court to refuse acceptance of any further pleadings w/out leave of the Chief Judge ....

Downes violates § 241. Conspiracy against rights in writing in court record.

Charge 3

Downes dismisses 00cv157 on 05/30/2002 thus denying petitioner Payne right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Downes violates § 241. Conspiracy against rights in writing in court record.

Charge 4

District Judge William F. Downes dismisses jury trial demand lawsuits on 09/17/2004 grants injunctive relief and prohibiting pltfs William Payne and Arthur Morales from initiating a civil action in the U.S. District Court on 08/18/2004.

Morales and Payne were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Downes violates § 241. Conspiracy against rights in writing in court record.
3 Judge Dee Vance Benson
Charge 1

Dee V Benson terminates federal lawsuit number 01 CV 1198. Newwith prejudice on 10/04/2004 without demanded jury trial.

Petitioners were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Benson violates § 241. Conspiracy against rights in writing in court record.

Charge 2

District Judge Dee V. Benson terminates 01 cv 1132 w/prejudice on 10/04/2004 without demanded jury trial.

Complaintants were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Benson violates § 241. Conspiracy against rights in writing in court record.
4 Judge John Edwards Conway

Charge 1

Conway dismisses jury trial lawsuit No. 92-1452 (Sealed) on 8/25/94.

Complainant Payne's right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38 has been violated.

Conway violates § 241. Conspiracy against rights in writing in court record.                                                                                                        
5 Judge C Leroy Hansen
Charge 1

Judge C. LeRoy Hansen ORDER denied jury trial demand on 01/06/1998 in federal lawsuit 97 cv 350.

Complainant Morales was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Morales is member of Hispanic minority class

Hansen violates § 242. Deprivation of rights under color of law and § 241 and Conspiracy against rights in writing in court record.

Charge 2

Judge C. LeRoy Hansen dismisses 97 cv 350 with prejudice 97 cv 350 on 12/29/1999.

Complainant Morales was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Morales is member of Hispanic minority class

Hansen violates § 242. Deprivation of rights under color of law and § 241 and Conspiracy against rights in writing in court record.
7 Judge Lorenzo Garcia
Charge 1

Magistrate Judge Lorenzo F. Garcia dismisses l New Mexico federal jury triallawsuit 99-270 on 11/30/1999

Complainant Payne was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Garcia violates § 241. Conspiracy against rights in writing in court record.


Charge 2

On July 6, 2007 respondent magistrate judge Lorenzo Garcia threatened, "[C]ontempt sanctions may include censure, imposition of monetary fines and incarceration ..."
for petitioners pursuing void judgment motion and right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.


Garcia violates § 241. Conspiracy against rights in writing in court record.

7 Judge Robert H Scott
Charge 1

Judge Robert H Scott dismisses CV 2002-03425 jury trial lawsuit on July 8, 2002.

Complainants Morales and Payne were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Scott violates § 241. Conspiracy against rights in writing in court record.

Charge 2 Judge Scott took away petitioner Morales' right to represent himself pro se guaranteed by Tenth Amendment to the US Constitution.

Morales is member of Hispanic minority class

Scott violates § 242. Deprivation of rights under color of law and § 241. Conspiracy against rights in writing in court record.
8 Former judge Kenneth G Brown
Charge 1

Judge Kenneth G Brown dismisses CV 2001-07994 jury trial lawsuit with prejudice on May 16, 2002.

Complainant Payne was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

Brown violates § 241. Conspiracy against rights in writing in court record.

Charge 2

Judge Brown took away petitioner Payne's right to represent himself pro se guaranteed by Tenth Amendment to the US Constitution.

Brown violates § 241. Conspiracy against rights in writing in court record.

9 Judge Martha Vazquez
Charge 1

Judge Vazquez threatened "[i]mposition of sanctions, including censure, striking pleadings, imposition of fines and/or incarceration of the Plaintiffs ... "
on 6/14/2007when complainants filed reply to assistant US attorney response in void judgment action which exercising their civil right.

This violates § 242. Deprivation of rights under color of law and § 241 and Conspiracy against rights in writing in court record since Morales is a member of minority class.

VERIFICATION
SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this day of _____________

Arthur R Morales ________________________________

SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this day of _____________

William H Payne ________________________________

Verification

Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this pleading are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

Notary Public ______________________________________

ORDER Saturday July 21, 2007 09:57

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#nocontact


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

NO CONTACT ORDER

1 As a result of written threats made against petitioners to prevent them from exercising their civil rights, all judicial officers of the District of NM, judge William F Downes, judge Dee Vance Benson and their emissaries are ordered to keep at least 100 feet away from petitioners.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date



DRAFT
Sunday July 22, 2007 13:47

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#motion


Judge George P. Eichwald 867-2861 took over judge Kenneth Brown's cases. Payne phoned and left a message as to whether Brown or Eichwald should be named as respondent at DC circuit.

Clerk
Second Judicial district
Bernalillo County Courthouse
O Box 488
Albuquerque, NM 87103-0488


Matthew J. Dykman,
Clerk of Court Clerk
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 87102

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown,
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet


Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION

I. INTRODUCTION

1 Judges Parker, Downes, Benson, Conway, Hansen, Garcia, Scott, and Brown have committed crimes in violation of Title 18 USC 241 and 242 by denying petitioners civil right right to jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38. A judgment may not be rendered in violation of constitutional limitations and guaranties.

2 Judge Svet ordered petitioner Morales' wage garnished for $625. Then Svet signed order for $1,793.56 sanction with no cause of action.

3 Judges Vazquez and Armijo have threatened "[i]mposition of sanctions, including censure, striking pleadings, imposition of fines and/or incarceration of the Plaintiffs ... " shortly after petitioners filed reply to assistant US attorney response in void judgment motion thus violating "the court or tribunal must have the power of authority to render the particular judgment."

On July 6, 2007 respondent magistrate judge Lorenzo Garcia threatened, "[C]ontempt sanctions may include censure, imposition of monetary fines and incarceration ..."
for petitioners pursuing void judgment motion and right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.


4 Five New Mexico state 12 person jury trial lawsuits were removed to federal court without mandatory affidavit for removal.

5 The U.S. Supreme court is quite clear in Willingham, Warden, et al v Morgan, 395 U.S. 408(1969)

The Judicial Code require defendants who would remove cases to the federal courts to file " a verified petition containing a short and plain statement of the facts" 28 USC Sec. 1746. - Unsworn declarations under penalty of perjury

clearly states

Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: (1) If executed without the United States: ''I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)''. (2) If executed within the United States, its territories, possessions, or commonwealths: ''I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)''

6 Replevin, defamation [libel] and harassment are not federal questions and no declaration of truth under penalty of perjury as mandatory by affidavits were ever filed by assistant US attorneys at the time state lawsuit were removed to federal court.

7 Judges Downes [3 cases] and Benson [2 cases] ruled when they did not subject matter jurisdiction and ruled to dismiss complaints when all five cases were jury trial demands.

8 Judges Conway, Garcia, and Hansen denied petitioners' right of jury trial is guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

9 Conway denied mandatory, not discretionary, void judgment motion in case issued void judgment order and voided his own order by denying petitioner Payne's right to file documents in court and did not give the mandatory, not discretionary, relief required.

10 The court clerk did not send a file stamped copy of Conway's order to petitioner Payne and thus "entered an Order which violated due process."

11 Judge Roberts neglected to do his duty required by his oath of office by refusing to void judgment of the US Supreme court of a citizen deprived of right right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.


12 Petitioner Payne files New Mexico Metropolitan court criminal complaint affidavits for harassment against judge James A Parker for assigning judge William F Downes to three (3) fraudulently removed New Mexico 12 person jury trial lawsuit and against judge William F Downes for ruling when he did not have jurisdiction. New Mexico assistant district attorney Pete Ross "proscutorial control" files Nolle Prosequi stating that complainant failed to show "pattern of conduct." Metropolitan court judges Jaramillo and Shepherd dismissed criminal complaint of Ross's fraudulent statements.

Ross made similar false statement for lawyer Robert St. John before judge Jaramillo.

13 Metropolitan court judge Julie Altweis makes false statement that there is a statues of limitations of two years and dismisses mandatory, not discretionary, relief for motion to void judgement for criminal harassment against assistant US attorney Michael Hoses who fraudulently removed two New Mexico 12 person jury trial cases to federal court. See 31 and 35 below.

14 Motion to void judgment in Metropolitan court against dismissal of criminal harassment complaint against assistant US attorney Phyllis Dow is docketed 07 May 21 PM 12:45 for fraudulently removal of New Mexico 12 person jury trial case. Dow repeated used New Mexico federal court to harass petitioner Payne.

No response on motion to void judgment is received from Metropolitan court.

15 Perjured statements made by late second judicial assistant district attorney Pete Ross

New Mexico state law states:

Perjury and False Affirmations

30-25-1. Perjury.

Perjury consists of making a false statement under oath or affirmation, material to the issue or matter involved in the course of any judicial, administrative, legislative or other official proceeding, knowing such statement to be untrue.

Whoever commits perjury is guilty of a fourth degree felony.

made at arraignments for Respondent Dow, judge James A Parker, and lawyer Robert St. John resulted in Metropolitan judge Denise Shepard dismissing criminal complaint against Parker and judge Christina Jaramillo dismissing criminal complaint against respondent Downes and lawyer St, John.

Evidence of guilt New Mexico criminal harassment of judges James A Parker and William F Downes, assistant US attorneys Dow and Hoses, and lawyer St. John is contained in this motion.

Written evidence of Ross's perjury are contained in this motion. See 1 and 2.

II. BASIS OF MOTION

16 Petitioners attempt to directly void judgments in 92-1452 (Sealed), Conway presiding: CIV- 97-350 Hansen presiding, and 97-0266 Armijo since all cases were before the court in New Mexico.

All above void judgment petitions were docketed.

But Conway improperly ruled in 92-1452 (Sealed) for reasons state in 10 and 11 above.

And threats issued by judges Vazquez and Armijo in 97-0266 indicated that direct attack in New Mexico federal court would not work.

17 Therefore this collateral attack in UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA is required to vacate judgments of respondents

18 "A void judgment may be cured Mandamus." However,
Rule 81. Applicability in General

(b) Scire Facias and Mandamus. The writs of scire facias and mandamus are abolished. Relief heretofore available by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed in these rules.

Therefore we bring this Federal Rule of Civ. P. 60(b)(4) properly before this court under Rule 81(e) with submission of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION and MANDATORY JUDICIAL NOTICE AND AUTHORITIES TO VOID JUDGMENT and paying filing fee of $350.

III. ISSUES

19 New Mexico 12 person jury trial lawsuit CV 2000-10278 is removed to federal court without mandatory verification by assistant US attorney Phyllis A Dow on 11/27/2000.

Defamation [libel] and harassment are not federal questions and no mandatory verified petition was ever filed that defamation [libel] and harassment are federal questions.

The court must have jurisdiction of the subject matter. The court does not have jurisdiction of the subject matter.

20 New Mexico CV 2000-10278 is given federal case number 00cv01677. It is assigned to judge William F Downes by New Mexico chief judge James A Parker on 03/27/2001.

21 Petitioner Payne filed DEMAND for jury trial on 12/21/2000.

22 Downes dismisses 00cv01677 on 05/30/2003 thus denying petitioner Payne right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

23 On 11/18/2004 ORDER issued by District Judge William F. Downes striking pltf's affidavit and directing the Clerk of Court to refuse acceptance of any further pleadings w/out leave of the Chief Judge ....

A judgment may not be rendered in violation of constitutional limitations and guaranties.

24 New Mexico 12 person jury trial lawsuit CV 2000-10289 is removed to federal court on
without mandatory verification by assistant US attorney Raymond Hamilton on 11/08/2000.

Replevin and harassment are not federal questions and no mandatory verified petition was ever filed that replevin and harassment are federal questions.

The court must have jurisdiction of the subject matter. The court does not have jurisdiction of the subject matter.

25 New Mexico CV 2000-1028900 is given federal case number 00cv1574. Case is reassigned from judge Martha Vazquez to to judge William F Downes by New Mexico chief judge James A Parker on 03/27/2001.

26 Petitioners Morales and Payne filed DEMAND for jury trial on 11/21/2000.

27 Downes dismisses 00cv157 on 05/30/2002 thus denying petitioner Payne right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

28 New Mexico 12 person jury trial lawsuit CV-2001-03118 is removed to federal court without mandatory verification by French law firm and private attorney Christina E Anaya representing state defendant judge Ted Baca on 06/04/2001.

Harassment is not a federal question and no mandatory verified petition was ever filed that harassment is a federal question.

The court must have jurisdiction of the subject matter. The court does not have jurisdiction of the subject matter.

29 New Mexico CV 2001-03118 is given federal case number 01 cv 0634. New Mexico chief judge James A Parker recuses all judicial officers of the District of New Mexico; and reassigns the case to the Hon. William F. Downes, Chief U.S. District Judge District of Wyoming on 06/12/2001.

30 Petitioner file DEMAND for jury trial on 06/11/2001.

31 District Judge William F. Downes dismisses jury trial demand lawsuits on 09/17/2004 grants injunctive relief and prohibiting pltfs William Payne and Arthur Morales from initiating a civil action in the U.S. District Court on 08/18/2004.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

32 New Mexico 12 person jury trial lawsuit CV 2001-06293 is removed to federal court without mandatory verification by assistant US attorney Michael H Hoses.

Harassment and perjury are not federal questions.

The court must have jurisdiction of the subject matter. The court does not have jurisdiction of the subject matter.

33 New Mexico CV 2001-6293 is given federal case number 01 CV 1198. New Mexico chief judge James A Parker issues ORDER OF RECUSAL and reassigns case to Chief Judge Dee V. Benson for the District of Utah on 10/25/2001.

34 Petitioner file DEMAND for jury trial on 10/25/2001.

35 Dee V Benson terminates case with prejudice on 10/04/2004 denying demanded jury trial.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

36 New Mexico 12 person jury trial lawsuit CV 2001-05900 is removed to federal court without mandatory verification by assistant US attorney Michael H Hoses.

Harassment and perjury are not federal questions.

The court must have jurisdiction of the subject matter. The court does not have jurisdiction of the subject matter.

37 New Mexico CV 2001-05900 is given federal case number 01 cv 1132. New Mexico chief Judge James A. Parker orders that all judicial officers of the District of New Mexico recuse in this action, and this case is reassigned to the Honorable Dee V Benson, Chief United States District Judge for the District of Utah on 10/24/2001.

38 Petitioner Payne DEMAND for trial by jury on 10/05/2001.

39 District Judge Dee V. Benson terminates case w/prejudice on 10/04/2004 denying demanded jury trial.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

40 New Mexico 12 person jury trial is breach of contract lawsuit CV 2001-07994.

41 Judge Kenneth G Brown dismisses CV 2001-07994 with prejudice on May 16, 2002 This violated New Mexico state judicial rule 1-041: Dismissal of actions.

Only a plaintiff can move to dismiss a demanded jury trial lawsuit guaranteed inviolate by New Mexico and federal constitutions.

Petitioner Payne was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

42 Judge Brown took away petitioner Payne's right to represent himself pro se guaranteed by Tenth Amendment to the US Constitution.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

43 New Mexico 12 person jury trial is breach of contract lawsuit CV 2002-03425.

44 Judge Robert H Scott dismisses CV 2002-03425 on July 8, 2002. This violated New Mexico state judicial rule 1-041: Dismissal of actions.

Only a plaintiff can move to dismiss a demanded jury trial lawsuit guaranteed inviolate by New Mexico and federal constitutions.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners Morales' and Payne' were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

45 Judge Scott took away petitioner Morales' right to represent himself pro se guaranteed by Tenth Amendment to the US Constitution.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

46 Judge Scott did not sign July 8, 2002 ORDERS.

This is in violation of court rules. Scott entered an Order which violated due process.

47 New Mexico federal lawsuit 99-270 was a Right to Privacy Act action.

48 Petitioner Payne filed
03/24/1999 3 DEMAND for jury trial by pltf (rd) (Entered: 03/25/1999).

49 Judge Lorenzo Garcia issues

11/30/1999 105 JUDGMENT: by Magistrate Judge Lorenzo F. Garcia entered in favor of deft DOE on all of pltf's federal claims which are hereby dismissed with prejudice [95-1] (cc: all counsel*) (rd) (Entered: 11/30/1999)

11/30/1999 106 JUDGMENT: by Magistrate Judge Lorenzo F. Garcia entered in favor of individually named DOE and EEOC defts on all of pltf's federal claims, which are dismissed with prejudice [96-1], [96-2] (cc: all counsel*) (rd) (Entered: 11/30/1999)

11/30/1999 107 JUDGMENT: by Magistrate Judge Lorenzo F. Garcia entered in favor of EEOC on all of pltf's federal claims, which are dismissed with prejudice; all other common law claims against EEOC are dismissed with prejudice [97-1] dismissing case (cc: all counsel*) (rd) (Entered: 11/30/1999)

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioner Payne was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

50 Petitioner Payne files to void judgment in No. 92-1452 (Sealed).

51 Motion and accompanying Mandatory Judicial Notice is docketed on 7 May 30 PM 1:44.

52 Respondents do not respond to motion.

53 Judge Conway denies motion on June 18, 2007 in a letter and unsigned order.

When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary.

Unsigned Order violated due process.

54 New Mexico federal court does not send petitioner Payne file stamped copy of Conway June 18, 2007 order.

Due process is violated.

55 Petitioner Morales files to void judgment in New Mexico federal court CIV- 97-350-LH/DJS by mail on June 2, 2007.

56 Void judgment motion is docketed June 6, 2007.

Respondents do not respond with mandatory 20 days.

New Mexico federal court does not respond.

Due process is violated.

57 Petitioners Morales and Payne file to void judgement in CIV NO 97 0266 SC/DJS. Motion is docketed in Santa Fe federal court on May 16, 2007.

58 Assistant US attorney Jan Mitchell references US Supreme Court case Lehman v Nakshian No. 80-242 in her attempt to show that right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38 does not apply. Petitioners reply that relying on voidable judgment should not be as case law.

59 Magistrate judge Don Svet ordered petitioner Morales' wages garnished for $625 in CIV NO 97 0266 SC/DJS.

Morales request for mandatory hearing before garnishment was ignored.

$625 was garnished from Morales wage's without hearing.

Svet's Order violated due process.

60 Svet signed order for $1,793.56 sanction with no cause of action in CIV NO 97 0266 SC/DJS.

Svet's Order violated due process.

61 US Supreme Court Chief justice John G Roberts, Jr rejected an opportunity to vacate Lehman v Nakshian No. 80-242 in a letter from US Supreme Court Clerk William Suter dated June 23, 2007.

Nakshian demanded a jury trial and did not get it. The US Supreme court upheld this verdict.

Nakshian was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

62 New Mexico criminal complaint 12315-03 filed against judge James A Parker was dismissed by judge Denise Shepherd after assistant district attorney Pete Ross gave false statement to assume prosecutorial control and issued Nolle Prosequi.

Evidence of Parker's guilt are the five New Mexico 12 person jury trial lawsuits fraudulently removed to federal court seen in this motion.

Shepherd's dismissal is "an Order which violated due process or was procured through extrinsic or collateral fraud, is null and void, and can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court."

63 New Mexico criminal complaint 12313-03 filed against judge William F Downes was dismissed by judge Christina Jaramillo after assistant district attorney Pete Ross gave false statement to the court to assume prosecutorial control and issued Nolle Prosequi.

Evidence of Downes guilt are the three New Mexico jury trial lawsuits he ruled on without subject matter jurisdiction.

Jaramillo's dismissal is "an Order which violated due process or was procured through extrinsic or collateral fraud, is null and void, and can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court."

64 New Mexico criminal complaint 12314-03 filed against Albuquerque lawyer Robert St. John was dismissed by judge Christina Jaramillo after assistant district attorney Pete Ross gave false statement to the court to assume prosecutorial control and issued Nolle Prosequi.

Jaramillo's dismissal is "an Order which violated due process or was procured through extrinsic or collateral fraud, is null and void, and can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court."

65 New Mexico criminal complaint 12311-03 filed against assistant US attorney Michael H Hoses was dismissed by former Metropolitan court judge Charles Barnhart before arraignment.

Evidence in this petition shows that Hoses fraudulently removed two New Mexico state 12 person jury trial lawsuit to federal court without mandatory verification of subject matter jurisdiction.

Shepherd's dismissal is "an Order which violated due process or was procured through extrinsic or collateral fraud, is null and void, and can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court."

66 Metropolitan court judge Julie Altwies makes statement that there is a statues of limitations of two years and dismisses mandatory, not discretionary, relief for motion to void judgement for criminal harassment on 5/22/06 against assistant US attorney Michael Hoses in 12311-03 who fraudulently removed two New Mexico 12 person jury trial cases to federal court. See 31 and 35 above.

A void judgment must be dismissed, regardless of timeliness if jurisdiction is deficient.

Such a judgment is void from its inception, incapable of confirmation or ratification, and can never have any legal effect.

When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary.

67 New Mexico criminal complaint 12310-03 file against assistant US attorney Phyllis A Dow for fraudulent removal of New Mexico 12 person jury trial lawsuit to federal court without mandatory verified statement of subject matter jurisdiction was dismissed prior to arraignment by former Metropolitan court judge Charles Barnhart before arraignment.

Motion to void judgment in 12310-03 was filed May 21, 2007.


When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary.

No response from Metropolitan court.

Metropolitan court employee Margaret [505-841-8151] reported July 17, 2007 on the phone that Altwies was assigned 12310-02.

IV RELIEF SOUGHT

68 Immediately sign and return copy of attached NO CONTACT ORDER seen at http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#nocontact.

69 Return filed stamped copy of this Motion with 10 working days.

70 Sign attached ORDERS vacating judgments seen at


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#downes1677

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#downes1574


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#downes634

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#benson1198


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#benson1132

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#brown


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#scott


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#garcia

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#conway


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#hansen

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#armijo

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#roberts


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#shepherd


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#jaramillo

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#jaramillo2

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#altwies


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#altwies2

and return signed copies.

Respectfully submitted,

_________________________
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-282-7037
bpayne37@comcast.net

_________________________
Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
505-3237277
amorales58@comcast.net

Date: ____________________

Pro se litigants
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing MOTION TO VOID JUDGMENT FOR LACK OF JURISDICTION was mailed certified return receipt requested to

Julie Altwies
Bernalillo County Metropolitan Court
401 Lomas NW
P.O. Box 133
Albuquerque, NM 87103

M Christina Armijo
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710

Dee Vance Benson
UNITED STATES DISTRICT COURT
THE DISTRICT OF UTAH
350 South Main Street
Salt Lake City, Utah 84101-2180


George P. Eichwald
SANDOVAL COUNTY DISTRICT COURT
P.O. Box 600

Bernalillo, NM 87004

John Edwards Conway
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710

William F Downes

United States District Court
District of Wyoming
111 South Wolcott
Casper, WY 82601-2534

Lozenzo F Garcia
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710


C Leroy Hansen
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710


Christina Jaramillo
Bernalillo County Metropolitan Court
401 Lomas NW
P.O. Box 133
Albuquerque, NM 87103

John G Roberts, Jr
Supreme Court of the United States
Washington, DC 20543

Robert H Scott
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710

Denise Shepherd
Second Judicial district
Bernalillo County Courthouse
PO Box 488
Albuquerque, NM 87103-0488

Don J Svet
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710


__________________________

__________________________
Date

 

CV- 2000-10289 Defendants: assistant US attorney Robert J Gorence, US attorney John J Kelly, assistant US attorney Manuel Lucero, assistant US attorney Jan Elizabeth Mitchell, RESPONDENT magistrate judge Don F Svet

CV-2001-03118 Defendants: New Mexico state judge Theodore C. Baca, US attorney Norman C. Bay, assistant US attorney Phyllis A. Dow, assistant US attorney Raymond Hamilton, law firm Rodey, Dickason, Sloan , Akin & Robb PA, and RESPONDENT judge Martha Vazquez

CV-2001-06293 Defendants: assistant US attorney John J Zavits, RESPONDENT judge William F. Downes, law firm French & Associates PC

CV 2000-10278 Defendants: Sandia Corporation - Sandia National Laboratories, American Telephone and Telegraph Corporation, Lockheed Martin Corporation, law firm Krehbiel, Bannerman & Horn, lawyer John A. Bannerman, Phoenix EEOC administrator Charles Burtner, RESPONDENT magistrate judge Lorenzo F. Garcia, Sandia labs employee Michael G. Robles and lawyer Carol Lisa Smith

CV 2001-05900 Defendants: assistant US attorney Phyllis A. Dow, RESPONDENT judge William F. Downes, law firm Rodey, Dickason, Sloan , Akin & Robb PA

ORDER Friday July 20, 2007 15:31

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#altwies2


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

1 New Mexico Metropolitan court criminal complaint 12310-03 is vacated for lack of jurisdiction because Federal Rule of Civ. P. 60(b)(4) does not have time limit statutes.

2 Schedule arraignment of accused Phyllis Dow in 12310-03 within 30 days of entry of this order.

3 Notify petitioner Payne of arraignment dated 10 day prior to scheduled arraignment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 15:23

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#altwies


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

1 New Mexico Metropolitan court criminal complaint 12311-03 is vacated for lack of jurisdiction because Federal Rule of Civ. P. 60(b)(4) does not have time limit statutes.

2 Schedule arraignment of accused Michael Hoses in 12311-03 within 30 days of entry of this order.

3 Notify petitioner Payne of arraignment dated 10 day prior to scheduled arraignment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Sunday July 22, 2007 13:42

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#jaramillo2


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENTS FOR LACK OF JURISDICTION

1 New Mexico Metropolitan court criminal complaint 12314-03 is vacated for lack of jurisdiction because rule Federal Rule of Civ. P. 60(b)(4).

2 Schedule arraignment of accused lawyer Robert St John in 12314-03 within 30 days of entry of this order.

3 Notify petitioner Payne of arraignment dated 10 day prior to scheduled arraignment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date



ORDER Friday July 20, 2007 15:06

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#jaramillo


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

1 New Mexico Metropolitan court criminal complaint 12313-03 vacated for lack of jurisdiction because of fraud.

2 Schedule arraignment of accused judge Downes in 12313-03 within 30 days of entry of this order.

3 Notify petitioner Payne of arraignment dated 10 day prior to scheduled arraignment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 15:00

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#shepherd


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

1 New Mexico Metropolitan court criminal complaint 12315-03 is vacated for lack of jurisdiction because of fraud.

2 Schedule arraignment of accused judge Parker in 12315-03 within 30 days of entry of this order.

3 Notify petitioner Payne of arraignment dated 10 day prior to scheduled arraignment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 14:50

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#roberts


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

US Supreme Court ruling Lehman v Nakshian No. 80-242 is vacated for lack of jurisdiction.

Nakshian was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 14:43

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#armijo


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

New Mexico federal jury demand lawsuit judgement in CIV NO 97 0266 SC/DJS is vacated for the following reasons:

A No ruling by judge Armijo regarding motion had been made after pply. .

B Magistrate judge Don Svet ordered petitioner Morales' wage garnished for $625 in CIV NO 97 0266 SC/DJS.

Morales request for mandatory hearing before garnishment was ignored.

$625 was garnished from Morales wage's without hearing.

Svet's Order violated due process.

B 60 Svet signed order for $1,793.56 sanction with no cause of action in CIV NO 97 0266 SC/DJS.

Svet's Order violated due process.

C CIV NO 97 0266 SC/DJS was dismissed without demanded jury trial by judge Santiago Campos.

Petitioners were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

D On 6/14/2007 replaced judge Martha Vazquez enters order threatening petitioners with "[i]mposition of sanctions, including censure, striking pleadings, imposition of fines and/or incarceration of the Plaintiffs ..." See http://www.prosefights.org/nmlegal/nsalawsuit/pacerdocketsjuly182007/87.pdf.

Vazquez is defendant in New Mexico 12 person jury trial lawsuit CV-2001-03118.

E Replacement judge Armijo apparently issure Minute Order striking judge Vazquez' threat in D.

But court does not send respondent Payne a copy of Minute Order. See PACER docket entry 88.

Due process is violated.

E Judge Armijo replaces respondent judge Svet with respondent judge Garcia on 6/21/07. See http://www.prosefights.org/nmlegal/nsalawsuit/pacerdocketsjuly182007/90.pdf

Garcia is respondent 97cv 270 and is defendant in New Mexico 12 person jury trial lawsuit CV 2000-10278.

F Armijo instructs Garcia to "Judge Garcia may undertake whatever legal analysis he deems necessary and may conduct hearings to determine if there is a violation of the injunction and, if so, to recommend the imposition of sanctions, including but not limited to, censure, striking pleadings, and imposition of fines." See http://www.prosefights.org/nmlegal/nsalawsuit/pacerdocketsjuly182007/89.pdf

G Garcia threatens "[C]ontempt sanctions may include censure, imposition of monetary fines and incarceration.... "
http://www.prosefights.org/nmlegal/nsalawsuit/pacerdocketsjuly182007/92.pdf

Respondents are required to respond to Garcia by July 26, 2007.

An opportunity for a hearing before a competent and impartial tribunal on proper notice is one of the essential elements of due process of law.

Court violates petitioners due process rights.

2 IMMEDIATE TRANSFER of New Mexico federal CIV NO 97 0266 SC/DJS is ORDERED to UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA for settlement or jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 13:41

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#hansen


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

New Mexico federal jury demand lawsuit CIV- 97-350-LH/DJS is vacated for the following reasons:

A Petitioner Morales files to void judgment in New Mexico federal court CIV- 97-350-LH/DJS on June 7, 2007.

Void judgment motion is docketed June 6, 2007.

Respondents do not respond with required 20 days.

New Mexico federal court does not respond.

Due process is violated.

When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary.

C Petitioner Morales was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

2 New Mexico federal CIV- 97-350-LH/DJS is ordered to settle or go to jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 13:17

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#conway


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

New Mexico federal No. 92-1452 (Sealed) jury trial demand lawsuit is vacated for the following reasons:

A Motion and accompanying Mandatory Judicial Notice is docketed on 7 May 30 PM 1:44.

B Judge Conway denies motion on June 18, 2007 in a letter and unsigned order.

When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary.

C Unsigned Order violated due process.

D No. 92-1452 (Sealed) is a jury trial lawsuit.

Petitioner Payne was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

2 New Mexico federal No. 92-1452 (Sealed) is ordered to settle or go to jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 13:05

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#garcia


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

New Mexico federal lawsuit 99-270 Right to Privacy Act jury trial lawsuit is vacated for the following reasons:

A Magistrate judge Lorenzo Garcia dismisses jury trial lawsuit

Petitioner Payne was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

2 New Mexico federal 99-270 is ordered to settle or go to jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 12:15

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#scott


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

New Mexico 12 person jury trial is breach of contract lawsuit CV 2002-03425 is vacated for the following reasons:

A Judge Robert H Scott dismisses CV 2002-03425 on July 8, 2002. This violated New Mexico state judicial rule 1-041: Dismissal of actions.

Only a plaintiff can move to dismiss a demanded jury trial lawsuit guaranteed inviolate by New Mexico and federal constitutions.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners Morales and Payne were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

B Judge Scott took away petitioner Morales' right to represent himself pro se guaranteed by Tenth Amendment to the US Constitution.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

C Judge Scott did not sign July 8, 2002 ORDERS.

This is in violation of court rules. Scott entered an Order which violated due process.

2 New Mexico 12 person jury trial lawsuit CV 2002-03425 is ordered to settle or go to jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

State case is prima facie because of evidence contained in the judgment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 12:53

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#brown


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

1 New Mexico 12 person jury trial is breach of contract lawsuit CV 2001-07994 is vacated for the following reasons:

A Judge Kenneth G Brown dismisses CV 2001-07994 with prejudice on May 16, 2002 This violated New Mexico state judicial rule 1-041: Dismissal of actions.

Petitioner Payne was denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

B Judge Brown took away petitioner Payne's right to represent himself pro se guaranteed by Tenth Amendment to the US Constitution.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

2 New Mexico 12 person jury trial lawsuit CV 2001-07994 is ordered to settle or go to jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

State case is prima facie because of evidence contained in the judgment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 11:21

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#benson1132


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

1 New Mexico federal number 01 cv 1132 is vacated for the following reasons:

A New Mexico 12 person jury trial lawsuit CV 2001-05900 is removed to federal court without required verification by assistant US attorney Michael H Hoses..

Due process was violated.

B Harassment and perjury are not federal questions.

The court must have jurisdiction of the subject matter. The court does not have jurisdiction of the subject matter

Judge Dee Vance Benson lacked subject matter jurisdiction.

C District Judge Dee V. Benson terminates case w/prejudice on 10/04/2004 without demanded jury trial.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

2 New Mexico 12 person jury trial lawsuit CV 2001-05900 is ordered to settle or go to jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

State case is prima facie because of lack of subject matter jurisdiction and fraudulent removal to federal court.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date
ORDER Friday July 20, 2007 11:22

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#benson1198


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

1 New Mexico federal number 01 CV 1198 is vacated for the following reasons:

A New Mexico 12 person jury trial lawsuit CV 2001-06293 is removed to federal court without required verification by assistant US attorney Michael H Hoses.

Due process was violated.

B Harassment and perjury are not federal questions.

The court must have jurisdiction of the subject matter. The court does not have jurisdiction of the subject matter

Judge Dee Vance Benson lacked subject matter jurisdiction.

C Dee V Benson terminates case with prejudice on 10/04/2004 without demanded jury trial.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

2 New Mexico 12 person jury trial lawsuit CV 2001-06293 is ordered to settle or go to jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

State case is prima facie because of lack of subject matter jurisdiction and fraudulent removal to federal court.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 11:22

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#downes634


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

1 New Mexico federal number 00cv0634 is vacated for the following reasons:

A New Mexico 12 person jury trial lawsuit CV-2001-03118 is removed to federal court without required verification by French law firm and private attorney Christina E Anaya representing state defendant judge Ted Baca on 06/04/2001.

Due process was violated.

B Harassment is not a federal question and no required verified petition was ever filed that harassment is a federal question.

The court must have jurisdiction of the subject matter.

Judge William F Downes lacked subject matter jurisdiction.

C District Judge William F. Downes dismisses jury trial demand lawsuits on 09/17/2004 grants injunctive relief and prohibiting pltfs William Payne and Arthur Morales from initiating a civil action in the U.S. District Court on 08/18/2004.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners were denied right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

2 New Mexico 12 person jury trial lawsuit CV-2001-03118 is ordered to settle or go to jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

State case is prima facie because of lack of subject matter jurisdiction and fraudulent removal to federal court.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

ORDER Friday July 20, 2007 11:22

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#downes1574


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

1 New Mexico federal number 00cv01574 is vacated for the following reasons:

A New Mexico 12 person jury trial lawsuit CV 2000-10289 is removed to federal court on
without required verification by assistant US attorney Raymond Hamilton on 11/08/2000.

Due process was violated.

B Replevin and harassment are not federal questions and no required verified petition was ever filed that replevin and harassment are federal questions.

Judge William F Downes lacked subject matter jurisdiction.

C Downes dismisses 00cv157 on 05/30/2002 thus denying petitioner Payne right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

2 New Mexico 12 person jury trial lawsuit CV 2000-10289 is ordered to settle or go to jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

State case is prima facie because of lack of subject matter jurisdiction and fraudulent removal to federal court.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date
ORDER Friday July 20, 2007 11:2

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#downes1677


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

ORDER VACATING JUDGEMENT FOR LACK OF JURISDICTION

1 New Mexico federal number 00cv01677 is vacated for the following reasons:

A New Mexico 12 person jury trial lawsuit CV 2000-10278 is removed to federal court without required verification by assistant US attorney Phyllis A Dow on 11/27/2000.

Due process was violated.

B Defamation [libel] and harassment are not federal questions and no required verified petition was ever filed that defamation [libel] and harassment are federal questions.

Judge William F Downes lacked subject matter jurisdiction.

C Downes dismisses 00cv01677 on 05/30/2003 thus denying petitioner Payne right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

On 11/18/2004 issues ORDER by District Judge William F. Downes striking pltf's affidavit [121-1] and directing the Clerk of Court to refuse acceptance of any further pleadings w/out leave of the Chief Judge ....

A judgment may not be rendered in violation of constitutional limitations and guaranties.

2 New Mexico 12 person jury trial lawsuit CV 2000-10278 is ordered to settle or go to jury trial within 60 days of entry of this order.

3 No oral argument is necessary.

Only Internet copy of MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION requires distribution to Court and jury.

State case is prima facie because of lack of subject matter jurisdiction and fraudulent removal to federal court.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date



DRAFT
Saturday July 21, 2007 15:57

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#notice

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Arthur R Morales,
William H Payne

v                                                                          No. _________________________

Petitioners

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

MANDATORY JUDICIAL NOTICE AND AUTHORITIES TO VOID JUDGMENT

1 COMES NOW, plaintiffs Morales and Payne to place this court on judicial notice of authorities of motion to vacate judgments.

2 To be valid and enforceable, a judgment must be supported by three elements:

(1) the court must have jurisdiction of the parties;
(2) the court must have jurisdiction of the subject matter; and
(3) the court or tribunal must have the power of authority to render the particular judgment.

If the requirements for validity are not met, a judgment may be subject to avoidance. 1

3 Any judgment rendered by a court which lacks jurisdiction, either of the subject matter of the parties, or lacks inherent power to enter the particular judgment, or entered an Order which violated due process or was procured through extrinsic or collateral fraud, is null and void, and can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court. 2

4 Such a judgment is void from its inception, incapable of confirmation or ratification, and can never have any legal effect. 3

5 A void judgment must be dismissed, regardless of timeliness if jurisdiction is deficient. 5

6 When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary. 4

7 The passage of time, however great, does not affect the validity of a judgment 6 and cannot render a void judgment valid. 7

8 The limitations inherent in the requirements of due process of law extend to judicial, as well as political, branches of the government, 8 so that a judgment may not be rendered in violation of those constitutional limitations and guaranties. 9

9 A court may not render a judgment which transcends the limits of its authority, 10 and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter. 11

10 A void judgment may be cured Mandamus. 12

11 Res judicata does not apply to such a judgment. 13

12 An opportunity for a hearing before a competent and impartial tribunal on proper notice 14 is one of the essential elements of due process of law. 15


1 See Peduto v. North Wildwood (DC NJ) 696 F Supp 1004, affd (CA3 NJ) 878 F.2d 725; In re Doe (NM App) 99 NM 517, 660 P.2d 607; Tice v. Nationwide Life Ins. Co., 284 Pa Super 220, 425 A.2d 782.

2 See U.S.Const.Amdt. V; F.R.Civ.P. 60(b)(4); CR 60(b)(5); Federal cases: Klugh v. U.S., 620 F.Supp. 892 (D.S.C. 1985); Rubin v. Johns, 109 F.R.D. 174 (D.Virg.Is.1985); Triad Energy Corp. v. McNell, 110 F.R.D. 382 (S.D.N.Y. 1986); Millikan v. Meyer, 311 US 457, 61 S.Ct. 339, 85 L.Ed.2d 278 (1940); Long v. Shorebank Development Corp., 182 F.3d 548 (CA7 1999).

3 See Stidham v. Whelchel, 698 NE2d 1152 (Ind.1998); Thompson v. Thompson, 238 SW2d 218 (Tex.Civ.App. 1951); Lucas v. Estate of Stavos, 609 NE2d 1114, rehng.den., trans.den, (Ind.App.Dist.1 1993); Loyd v. Director, Dept. of Public Safety, 480 So2d 577 (Ala.Civ.App.1985); In re Marriage of Parks, 630 NE2d 509 (Ill.App.Dist.4 1991); Lubben v. Selective Service System Local Bd. No.27, 453 F.2d 645, 14 A.L.R.Fed. 298 (CA1 1972); Hobbs v. U.S. Office of Personnel Mgmt., 485 F.Supp. 456 (M.D.Fla.1980); Holstein v. City of Chicago, 803 F.Supp. 205, recon.den., 149 F.R.D. 147, aff’d, 29 F.3d 1145 (N.D.Ill.1992); City of Los Angeles v. Morgan, 234 P2d 319 (Cal.App.Dist.2 1951).

4 Orner v. Shalala, 30 F.3d 1307 (Colo.1994).

5 See Asher v. Van Brunt, 158 F.R.D. 278 (S.D.N.Y.1994).

6 See State ex rel. Smith v. Sixth Judicial Dist. Court, 63 Nev 249, 167 P.2d 648 (ovrld in part on other grounds by Poirier v. Board of Dental Examiners, 81 Nev 384, 404 P.2d 1); Monroe v. Niven, 221 NC 362, 20 S.E.2d 311.

7 See State ex rel. Smith v. Sixth Judicial Dist. Court, 63 Nev 249, 167 P.2d 648 (ovrld in part on other grounds by Poirier v. Board of Dental Examiners, 81 Nev 384, 404 P.2d 1); Columbus County v. Thompson, 249 NC 607, 107 S.E.2d 302.

8 As to persons and agencies bound by due process, see 16A Am.Jur.2d, Constitutional Law §§ 742, 821-824.

9 See Hanson v. Denckla, 357 US 235, 2 L.Ed.2d 1283, 78 S.Ct. 1228, reh den 358 US 858, 3 L.Ed.2d 92, 79 S.Ct. 10; Ladner v. Siegel, 298 Pa 487, 148 A 699, 68 ALR 1172.

10 See Royal Indem. Co. v. Mayor, etc., of Savannah, 209 Ga 383, 73 S.E.2d 205; Spencer v. Franks, 173 Md 73, 195 A 306, 114 ALR 263; Road Material & Equipment Co. v. McGowan, 229 Miss 611, 91 So.2d 554, motion dismd 229 Miss 630, 92 So.2d 245; Howle v. Twin States Express, Inc., 237 NC 667, 75 S.E.2d 732; Fitzsimmons v. Oklahoma City, 192 Okla 248, 135 P.2d 340; Robertson v. Commonwealth, 181 Va 520, 25 S.E.2d 352, 146 ALR 966; Reburg v. Lang, 239 Wis 381, 1 N.W.2d 759. The courts of a state may render only such judgments as they are authorized to do under the laws of the state. Mosely v. Empire Gas & Fuel Co., 313 Mo 225, 281 SW 762, 45 ALR 1223.

11 See People ex rel. Arkansas Valley Sugar Beet & Irrigated Land Co. v. Burke, 72 Colo 486, 212 P. 837, 30 ALR 1085; People v. Wade, 116 Ill 2d 1, 107 Ill Dec 63, 506 N.E.2d 954; Gray v. Clement, 296 Mo 497, 246 SW 940; Ex parte Solberg, 52 ND 518, 203 NW 898; Russell v. Fourth Nat’l Bank (Ohio) 102 Ohio St 248, 131 NE 726; Hough v. Hough (Okla) 772 P.2d 920; Farmers’ Nat’l Bank v. Daggett (Tex Com App) 2 S.W.2d 834; State v. Turner, 98 Wash.2d 731, 658 P.2d 658; Shopper Advertiser, Inc. v. Wisconsin Dep’t of Revenue, 117 Wis 2d 223, 344 N.W.2d 115.

12 See Sanchez v. Hester, 911 SW2d 173 (Tex.App.1995).

13 See Allcock v. Allcock, 437 NE2d 392 (Ill.App.Dist.3 1982).


14 See 46 Am.Jur.2d Judgments § 17.

15 As to the opportunity to be heard as a requisite of due process, see 16A Am.Jur.2d, Constitutional Law §§ 839 et seq.

Respectfully submitted,

_________________________
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111

_________________________
Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108

Date: ____________________

Pro se litigants

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing MOTION TO VOID JUDGMENT FOR LACK OF JURISDICTION was mailed certified return receipt requested to

Julie Altwies
Bernalillo County Metropolitan Court
401 Lomas NW
P.O. Box 133
Albuquerque, NM 87103

M Christina Armijo
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710

Dee Vance Benson
UNITED STATES DISTRICT COURT
THE DISTRICT OF UTAH
350 South Main Street
Salt Lake City, Utah 84101-2180


George P. Eichwald
SANDOVAL COUNTY DISTRICT COURT
P.O. Box 600

Bernalillo, NM 87004

John Edwards Conway
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710

William F Downes

United States District Court
District of Wyoming
111 South Wolcott
Casper, WY 82601-2534

Lozenzo F Garcia
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710


C Leroy Hansen
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710


Christina Jaramillo
Bernalillo County Metropolitan Court
401 Lomas NW
P.O. Box 133
Albuquerque, NM 87103

John G Roberts, Jr
Supreme Court of the United States
Washington, DC 20543

Robert H Scott
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710

Denise Shepherd
Second Judicial district
Bernalillo County Courthouse
PO Box 488
Albuquerque, NM 87103-0488

Don J Svet
United States District Court
333 Lomas Blvd. N.W., Ste 680
Albuquerque New Mexico 8710

__________________________

__________________________
Date


Georgia phoned from judge Eichwald's office. I explained the situation as best as I could. Georgia said that "George P. Eichwald for Kenneth G Brown" was fine.

We will send Georgia a link to the petition. berdgjm@nmcourts.com. And suggest settlement, of course.


A second reason, other than right of jury trial is guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38, is that the judgment in the NSA lawsuit is void is that due process was not followed when Morales wages were garnished for $625. Then there is the matter of the $1,793.56 sanction ordered by magistrate judge Don Svet with no cause of action.

We didn't mention this in our New Mexico federal court void judgment filing. But we will in our DC court filing.

Let's suggest settlement again

The Honorable Don J. Svet
United States Magistrate Judge

before we go to the DC court with our void judgment filing and KAFB Colonel Feehan with the criminal complaint affidavits against Conway, Vazquez, Downes, Garcia, and maybe even Armijo.

Settlement, along our way of thinking, is, of course, the ultimate goal.

Reason we filed to void judgment in New Mexico federal court was to see if motions would be docketed or not.

Conway gave us a nice present by violating Payne's civil rights IN WRITING and voiding his own ORDER denying madatory, not discretionary, relief. Not too bright.

We move to void judgments at the same time we do criminal complaint affidavits on judge Downes, Conway, and Garcia with the Air Force.

But we do this in the District of Columbia. They probably remember us from TWA 800 coincidence.

NANCY MAYER-WHITTINGTON, CLERK
CLERK’S OFFICE MAILING ADDRESS:
U.S. District Court Clerk’s Office,
333 Constitution Avenue, NW, Room 1225,
Washington, DC 20001.

FILING FEE: The required filing fee for a new case is $350.00. Your check or money order should be made payable to “Clerk, U.S. District Court.”

CIVIL COVER SHEET: Our Civil Cover Sheet, Form JS-44, must be completed and submitted with your complaint.

Affidavit of service.

 ----- Original Message -----
From: bill payne
To: SvetChambers@nmcourt.fed.us
Cc: art morales
Sent: Monday, July 16, 2007 3:41 PM
Subject: we attempt to enlist your help to quickly settle these unfortunate matters


http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#svetemail

Monday July 16, 2007 15:22

SvetChambers@nmcourt.fed.us

Dear judge Svet:

We're preparing MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION for UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

We wrote
54 Petitioners Morales and Payne file to void judgement in CIV NO 97 0266 SC/DJS. Motion is docketed in Santa Fe federal court on May 16, 2007.

55 Assistant US attorney Jan Mitchell references US Supreme Court case Lehman v Nakshian No. 80-242 in her attempt to show that right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38 does not apply. Petitioners reply that relying on voidable judgment should not be as case law.

56 Magistrate judge Don Svet ordered petitioner Morales' wages garnished for $625 in CIV NO 97 0266 SC/DJS.

Morales request for required hearing before garnishment was ignored.

$625 was garnished from Morales wage's without hearing.

Svet's Order violated due process.

55 Svet signed order for $1,793.56 sanction with no cause of action in CIV NO 97 0266 SC/DJS.

Svet's Order violated due process.

Your actions, of course, will void CIV NO 97 0266 SC/DJSat the DC court.

Our proposed relief will be to vacate judgments of the federal lawsuits. And bring to trial or settlemen the federal-only cases.

For those federal lawsuits resulting from improperly removed, detailed relief will include remand to New Mexico state court for jury trial.

Evidence of guilt of defendants is overwhealming. All of the evidence is in writing in court records. No oral argument should be necessary at trial.

You, of course, are a defendant in New Mexico CV- 2000-10289. And you, of course, are guilty.

It appears to us that you got bad judicial and legal advice. And that you realized this since you did not proceed to garnish for $1,793.56 sanction.

We feel that we should settle these unfortunate matters before they get worse.

Therefore we attempt to enlist your help to quickly settle these unfortunate matters before we are forced to file in DC and file criminal complaint affidavits with the Commander of KAFB for criminal violation of Title 18 USC 241 and 242. All evidence of guily is in writing.

Please let us know by email or phone if you wish to help negotiate a settlement.

And please send an email ack if you get this email.

Thanks in advance.

regards

art morales
bill payne


Wherever they get the money, there will surely be some disappointments in the results. The New York Times mentions a couple whose boy wanted to go to a private college rather than the State U., because the private school had a “good pre-law program.” For that, the family was willing to pay an extra $80,000 – over the four-year program.

We don’t know what they think they got for their money. But we have a strong hunch it was – zero. We spent three years in law school. As far as we can tell, there is no such thing as “pre-law.” In the beginning it’s all reading, writing and thinking – which any education should prepare you for – then, you move on to advanced hoodwinking, contractual obfuscation and ambulance chasing.

“Do you deny the allegations?” the judge once asked The Kingfish in an episode of the ’50s TV show, ‘Amos & Andy.’

‘Not only does I deny the allegations,” replied The Kingfish. “I resents the alligator.”

Bill Bonner
The Daily Reckoning
Monday April 21, 2008

Monday July 30, 2007 05:46

Dr Stuart Guttman MD [cardiologist] sent a hardcopy of Joline Gutierrez Krueger article Public sounds off on New Mexico judges on July 27, 2007.


What we apparently have here, which likely caused Dr Guttman to send a copy of the article, is one group incompetents [the media] writing about another group of incompetents [the lawyers].
It's too simplistic to foist the blame entirely on the bench. And it's just plain wrong. As someone who has covered the judiciary, at least that which presides over Bernalillo and Sandoval counties, I have found most judges to be thoughtful, ethical and knowledgeable of the law.

The New Mexico Judicial Standards Commission, the public's only way to sound off on judges, reported this month that a record 2,442 complaints and inquiries against or about the judiciary were received from July 2005 through June 2006.

To quote the Mogambo Guru, "Hahahahahaha."

Judicial Races 2004

Edward L. Chavez

AGE: 47 DUCATION: B.B.A., Eastern New Mexico
University, 1978; J.D., University of New Mexico,
School of Law, 1981.

Ned S. Fuller
AGE: 39
EDUCATION: B A., English, Arizona State
University. 1989; J.D., Brigham Young
University Law School, 1993.

Michael E. Vigil
AGE: 53
EDUCATION: B.A., political science, College of
Santa Fe, 1973; J.D., Georgetown University Law
Center, 1976.

Paul D. Barber
AGE: 55
EDUCATION: B.A., economics, Brigham Young
University, 1973; J.D., Brigham Young
University, 1976.

Richard C. Bosson
AGE: 60
EDUCATION: B.A.,
Wesleyan University, 1966,
J.D., Georgetown Law
School, 1969; master's
degree, judicial process, University of Virginia School of Law. 1998.

Marie A. Baca
AGE: 51
EDUCATION: B.A., university studies, University of
New Mexico, 1970; J.D. UNM, School of Law, 1980.

Roderick T Kennedy
AGE: 48
EDUCATION: B.A., political science, The College of
Wooster (Ohio), 1977; J.D.,
University of Toledo College
of Law, 1980; certificate in criminal trial advocacy,

Don Harris
AGE: 42
EDUCATION: B.M., Hartt School of Music, University of Hartford,
1987; J.D., cum laude, University of Connecticut, 1990.

Linda Vanzi
AGE: 47
EDUCATION: B.A.,
English/French,
Marymount College,
1973; No degree (enrolled in M.A.
in biology), University of Texas at El
Paso, 1984-1986; J.D., University
of New Mexico, School of Law,
1995.

Chris Schultz
AGE: 43
EDUCATION: B.A.,
religion, Baylor Schultz
University, 1983;
J.D., University of New Mexico,
School of Law, 1994.

John J. Romero Jr.
AGE: 57
EDUCATION: B.A., Latin
American studies, University
of New Mexico, 1970; M.A.,
public administration, UNM,
1977; J.D., UNM, 1985.

Valerie Huling
AGE: 46
EDUCATION: B.S., business
administration, Xavier
University of New Orleans
1980; juris doctorate,
University of New Mexico,
1985; attended National
Judicial College, October
2003.

Kevin L. Fitzwater
AGE: 46
EDUCATION: B.A., history,
University of New Mexico,
1981; MBA, National
University, 1986; J.D., UNM, 1992.

Nan Nash
AGE: 47
EDUCATION: B.5., environmental biology
Indiana University, 1985;
ID., Indiana University,1989.

George Eichwald
AGE: 51
EDUCATION: J.D.,
University of New Mexico,
School of Law, 1984; master's, public administration,
UNM, 1978; B.S., biology, UNM, 1975.

Kerry Morris
AGE: 52
EDUCATION: B.A, universities studies,
University of New Mexico,
1977; J.D., UNM, School of Law, 1981.

Stanley Read
AGE: 63
EDUCATION: B.A., biology,
Texas Christian University,
1963; M.A., English, University of Texas, Austin,
1965; J.D., University of New Mexico,
School of Law, 1975.

Patsy D. Reinard
AGE: 56
EDUCATION: B.A, economics, University of Minnesota, 1974;
J.D., University of Minnesota, 1977.

Clint Wellborn
AGE: 42
EDUCATION: High school diploma, Quemado, 1980;
B.S., history, Eastern New Mexico University, ±985; J.D,
Texas Tech University, 1989.

Lemuel Martinez
AGE: 48
EDUCATION: B.S., business administration, University of
Southern California, Los Angeles, 1978; M.A., liberal
education, St. John's College, Annapolis, Md., 1982; M.A., education,
University of New Mexico, 1989; J.D., UNM School of Law, 1995.

Victor E. Valdez
AGE: 40
EDUCATION: B.A., economics, Stanford
University, 1986; J.D., Valdez
University of New Mexico, School of Law, 1989.

Pete Ross
AGE: 52
EDUCATION: A.A., University of New Mexico, Gallup branch, 1985;
B.U.S., UNM, 1989; J.D., UNM, School of Law, 1992.

Ronald Bratton
AGE: 46
EDUCATION: B.A, unversity studies,
University of New Mexico, 1985; M.A.,
education, UNM, 1990; J.D., UNM, School of Law, 1994.

Edward L. Benavidez
AGE: 42
EDUCATION: BA., government, New Mexico State
University, 1985; J.D., Thomas Cooley Law School,
Lansing, Mich, 1990.

Cristina Jaramillo
AGE: 43
EDUCATION: B.A., law and politics, University of New
Mexico, 1985; J.D., UNM, School of Law, 1990; MBA,
UNM, Anderson School of Management, 1990.

Loretta Lopez
AGE: 43
EDUCATION: B.S., nursing,
University of New Mexico, 1982;
J.D., UNM, School of Law, 1989.

Daniel Ramczyk
AGE: 46
EDUCATION: B.A., speech communications, University of New Mexico, 1980; J.D., UNM, School Law, 1983.

Clyde DeMersseman
AGE: 37
EDUCATION: B.A., political science, University of Colorado,
1989; J.D., University of
Denver, 1994.

Linda Mott
AGE: 42
EDUCATION: B.A., journalism
and political science, University of
New Mexico, 1991; J.D., Drake
Law School, 1996.





Quest damaged cable problem.

Complaint of telephone harassment file with Elisha of telephone company at 1-866-834-7837 at about 17:10.

Payne sent second email and spoke with Lt Martagon again. Ms Carmargo is gone for the day.

Martagon advised that if Payne fears for his safety, then he should phone APD.

Email sent. Payne spoke briefly to Lt Martagon.

Keep in mind readers. The guys we're dealing with are dangerous. Killers. Nazis. But this time they are using Iranians and Iraqis for their jews. And feds may be just getting started with the Iraq/Iran war and two invasions of Iraq.

Thursday October 4, 2007 16:48

Wendy


I am sending a second copy. We think this could be serious.

I am about ready to phone APD.

Colonel Feehan c/o
wendy.camargo@kirtland.af.mil

Let me repeat what I said on the phone.

We are concern for our personal safety as a result of judge Armijo and Garcia's illegal actions.

All background material is included in below link.

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#taylor

The Air Force should be help us provide a Safe Harbor while these matters are being settled.

I am getting strange phone calls with only one ring.

Thanks
bill payne and art morales


distribution

bill.leonard@nara.gov
gregory.pannoni@nara.gov
foialo@nsa.gov
julia.eichhorst@ic.fbi.gov
the.secretary@hq.doe.gov
alexander.morris@hq.doe.gov
McClenaghan c/o jayala4@leo.gov