Saturday August 26, 2006 08:18
http://www.prosefights.org/nmlegal/scalia/scalia.htm#scalia
Certified
return receipt mail and email
Antonin Scalia
Associate justice
Supreme Court of the
United States
Washington, D.C 20543-0001
Dear Judge Scalia:
Purposes of this letter are to:
1 request your assistance
investigating refusal of clerk Ruth Jones and her supervisor Jeffery Atkins to
docket a rule 22 writ addressed to you to restore our civil right for trial by
jury guaranteed inviolate by the
seventh amendment to the
US Constitution and our
tenth amendment civil right to litigate pro se.
2
request that you answer a questionnaire we have prepared so that other judges
and court personnel will not make the same mistakes Jones, Atkins and maybe
others have made.
Questionnaire response is required for the
reason that you are a lawyer.
Lawyers, we have found in our 14 year
legal project, are expert in evasion of facts.
Verified responses to
TRUE and FALSE constitutional questionnaire leaves little room for attempted
lawyer evasion.
We suggest that you look at
http://www.prosefights.org/nmlegal/scalia/scalia.htm#scalia
while filling out the verified questionnaire because links to correct answers
are included.
Please circle your
answers.
We ask that you return Verified
Constitutional Law and Federal Judicial Procedure and Rules Questionnaire and
Responses of Supreme Court Associate Justice Antonin G Scalia by September
28, 2006.
3 request that you sign enclosed Rule 22 ORDERS to
void judgments for lack of jurisdiction.
You, of course, are sworn by
oath to uphold the US Constitution.
Representative Senenbrenner and
Senator Specter are also sworn by oath to uphold US Constitution should take
action through the House
judiciary and Senate
judiciary committees against any judge who violates his or her oath of
office.
Sincerely
Arthur R. Morales
465 Washington St SE
Albuquerque,
NM 87108
505-323-7277
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
Distribution
Sensenbrenner@mail.house.gov
arlen_specter@specter.senate.gov
Verified Constitutional Law and Federal
Judicial Procedure and Rules Questionnaire and Responses
of
Supreme
Court Associate Justice Antonin G Scalia 1
Seventh Amendment to the US Constitution states?
U.S. Constitution: Seventh Amendment
In
Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise re-examined in any Court of the United States, than
according to the rules of the common law.
Response.
TRUE
FALSE
2
Title 28 Rule 38 of the Judiciary and Judicial Procedure
states?
Jury Trial of Right
(a) Right Preserved. The
right of trial by jury as declared by the Seventh Amendment to the Constitution
or as given by a statute of the United States shall be preserved to the parties
inviolate.
Response.
TRUE
FALSE
3
Legal definition of the word inviolate is defined?
must be kept sacred
Response.
TRUE
FALSE 4 Either a
plaintiff or defendant can file demand under
§28 USC 38(b)?
(b) Demand. Any party may demand a trial by jury of
any issue triable of right by a jury by
(1) serving upon the other parties a demand
therefor in writing at any time after the commencement of the action and not
later than 10 days after the service of the last pleading directed to such
issue, and
(2) filing the demand as required by Rule 5 (d). Such demand
may be indorsed upon a pleading of the party.
Response.
TRUE
FALSE 5 Legal
definition of the word demand is defined?
lay legal claim to
Response.
TRUE
FALSE 6 If a plaintiff
or defendant has filed a timely demand for trial by jury in a federal district
court action, then a federal judge or magistrate judge cannot legally
[according to the Federal Rules of Civil Procedure] dismiss that action without
demanded trial by jury?
Response.
TRUE
FALSE 7 Are United
States state courts bound by abide by paid for trial by jury guaranteed by US
Constitution?
Response.
TRUE
FALSE 8 A state judge
cannot dismiss a paid for trial by jury lawsuit guaranteed inviolate by federal
and state constitutions, similar to
New Mexico's dismissal rule?
1-041. Dismissal of actions.
A. Voluntary
dismissal; effect thereof.
(1) Subject to the provisions of Paragraph E of Rule 1-023
and of any statute, an action may be dismissed by the plaintiff without order
of the court:
(a) by filing a notice of dismissal at any time before
service by the adverse party of an answer or other responsive pleading; or
(b) by filing a stipulation of dismissal signed by all
parties who have appeared generally in the action. Unless otherwise stated in
the notice of dismissal or stipulation, the dismissal is without prejudice,
except that a notice of dismissal operates as an adjudication upon the merits
when filed by a plaintiff who has once dismissed an action based on or
including the same claim.
(2) Except as provided in Subparagraph (1) of this
paragraph, an action shall not be dismissed on motion of the plaintiff except
upon order of the court and upon such terms and conditions as the court deems
proper. If a counterclaim, cross-claim or third-party claim has been filed by a
party prior to the service upon such party of the plaintiff's motion to
dismiss, the action shall not be dismissed against the party's objection unless
the counterclaim, cross-claim or third-party claim can remain pending for
independent adjudication by the court. Unless otherwise specified in the order,
a dismissal under this paragraph is without prejudice.
B. Involuntary dismissal; effect thereof. For failure of
the plaintiff to prosecute or to comply with these rules or any order of court,
a defendant may move for dismissal of an action or of any claim against the
defendant. After the plaintiff, in an action tried by the court without a jury,
has completed the presentation of evidence, the defendant, without waiving the
right to offer evidence in the event the motion is not granted, may move for a
dismissal on the ground that upon the q facts and the law the plaintiff has
shown no right to relief. The court as trier of the facts may then determine
them and render judgment against the plaintiff or may decline to render any
judgment until the close of all the evidence. If the court renders judgment on
the merits against the plaintiff, the court shall make findings as provided in
Rule 1-052.
Unless the court in its order for dismissal otherwise
specifies, a dismissal under this paragraph and any dismissal not provided for
in this rule, other than a dismissal for lack of jurisdiction, for improper
venue, or for failure to join a party under Rule 1-019, operates as an
adjudication upon the merits.
C. Dismissal of counterclaim, cross-claim or third-party
claim. The provisions of this rule apply to the dismissal of any counterclaim,
cross-claim or third-party claim. A voluntary dismissal by the claimant alone
pursuant to Subparagraph (1) of Paragraph A of this rule shall be made before a
responsive pleading is served, or if there is none, before the introduction of
evidence at the trial or hearing.
D. Costs of previously dismissed action. If a plaintiff
who has once dismissed an action in any court commences an action based upon or
including the same claim against the same defendant, the court may make such
order for the payment of costs of the action previously dismissed as it may
deem proper and may stay the proceedings in the action until the plaintiff has
complied with the order.
E. Dismissal of action with and without prejudice.
(1) Any party may move to dismiss the action, or
any counterclaim, cross-claim or third-party claim with prejudice if the party
asserting the claim has failed to take any significant action to bring such
claim to trial or other final disposition within two (2) years from the filing
of such action or claim. An action or claim shall not be dismissed if the party
opposing the motion is in compliance with an order entered pursuant to Rule
1-016 or with any written stipulation approved by the court.
(2) Unless a pretrial scheduling order has been entered
pursuant to Rule 1-016, the court on its own motion or upon the motion of a
party may dismiss without prejudice the action or any counterclaim, cross-claim
or third party claim if the party filing the action or asserting the claim has
failed to take any significant action in connection with the action or claim
within the previous one hundred and eighty (180) days. A copy of the order of
dismissal shall be forthwith mailed by the court to all parties of record in
the case. Within thirty (30) days after service of the order of dismissal, any
party may move for reinstatement of the case. Upon good cause shown, q the
court shall reinstate the case and shall enter a pretrial scheduling order
pursuant to Rule 1- 016. At least twice during each calendar year, the court
shall review all actions governed by this paragraph.
(3) The filing of a motion for dismissal pursuant to
this rule shall not be taken to be an entry of appearance in said action or
proceeding. F. Applicability. This rule shall apply to
all civil cases filed in the district court, including civil cases appealed
from the metropolitan or magistrate courts. This rule shall not apply to:
(1) guardianship, receivership, trusteeship or
conservatorship cases;
(2) proceedings commenced pursuant to the Mental
Health and Developmental Disabilities Code;
(3) proceedings commenced
pursuant to the provisions of the Probate Code; or
(4) proceedings
commenced pursuant to the Children's Code.
[As amended, effective January 1, 1990.]
Response.
TRUE
FALSE 9 The
Tenth Amendment to the US Constitution states?
The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people.
Response.
TRUE
FALSE 10 The
Tenth Amendment to the US Constitution gives the
constitution right for a citizens to represent themselves pro se in a US
court?
Response.
TRUE
FALSE 12 Citizens have
a Tenth Amendment constitutional right to represent in a demanded jury trail
guaranteed inviolate by the Seventh Amendment to the Constitution and
§28 USC 38(b)?
Response.
TRUE
FALSE 13
If a judge rules without jurisdiction is the appropriate
remedy
A appeal judge's ruling.
B seek
writ to void ruling?
Response.
A
B 14 Is 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"
Response.
TRUE
FALSE
15 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.”
Response.
TRUE
FALSE 16
5 USC 3331. Oath of office states?
An individual, except the President, elected or
appointed to an office of honor or profit in the civil service or uniformed
services, shall take the following oath: “I, AB, 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; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter. So help me
God.” This section does not affect other oaths required by law.
Response.
TRUE
FALSE
17
Oath
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 ______________________________________
I declare under penalty of perjury that the foregoing is
true and correct.
Executed on ___________.
Antonin G
Scalia
_____________________
Supreme Court of the United
States
No.
ON RULE 22 WRIT PETITION TO VOID JUDGMENTS
Antonin G Scalia
___________________________
Date
___________________________ |
