William Michael, Kemp, Sui Juris
c/o General Delivery
Gadsden, Alabama state
(non-domestic zip code exempt)
In Propria Persona
All Rights Reserved Without Prejudice
DISTRICT COURT OF THE UNITED STATES
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
STATE OF ALABAMA [sic] ) Case No. _______________________
)
Plaintiff [sic] ) 16th Cir. Case #CC-95-1083-DWS
)
v. ) NOTICE OF PETITION AND VERIFIED
) PETITION FOR WARRANT OF REMOVAL
WILLIAM MICHAEL KEMP [sic], ) BY THREE-JUDGE PANEL:
)
Defendant [sic] ) 18 U.S.C. 1964(a);
) 28 U.S.C. 1331, 1367(a), 1441,
) 1443(2), 1446, 1746(1), 2284;
) FRCP Rules 9(h), 11, 38
)
) JURY TRIAL DEMANDED
______________________________)
COMES NOW William Michael, Kemp, Sui Juris, Citizen of Alabama
state, expressly not a citizen of the United States ("federal
citizen"), and Defendant in the above entitled action
(hereinafter "Defendant"), to petition this honorable Court for a
Warrant of Removal, pursuant to the authorities cited supra, of
State of Alabama case number #CC-95-1083-DWS, from the Circuit
Court of Etowah County, Alabama state, into this honorable Court,
on the federal questions involved, to wit:
Verified Petition for Warrant of Removal:
Page 1 of 6
(1) Defendant was denied the effective assistance of
Counsel of His choice, in violation of the Sixth Amendment, due
to unlawful discrimination against the non-use of a United States
Postal Service ("USPS") Zone Improvement Program ("ZIP") Code in
the mailing location used on the envelope in which Defendant
transmitted His Counsel's contract retainer, paid under protest
with a United States Postal Money Order.
Consequently, Counsel was unable to assist Defendant with
timely strategic decisions, and with timely preparation of
pleadings which were necessary for Defendant to obtain due
process of law, until said retainer arrived at its intended
destination. This unnecessary delay constituted an unlawful and
prohibited discrimination against the non-use of ZIP codes on
first class United States Mail, in violation of Public Law
("P.L.") 91-375, Section 403.
(2) Defendant argues that said mail was non-domestic in
origin, and in destination, because the term "domestic," as that
term is utilized in the USPS Domestic Mail Services Mail, Section
A010.1.2d (no ZIP+4 discount), means the federal zone, i.e. the
territory and other property over which the United States has
exclusive legislative jurisdiction, pursuant to Article 1,
Section 8, Clause 17 ("1:8:17"), and Article 4, Section 3, Clause
2 ("4:3:2"), of the Constitution for the United States of
America, as lawfully amended (hereinafter "U.S. Constitution").
(3) Defendant hereby protests the unqualified use of ZIP
codes anywhere within the official record now before this
honorable Court. USPS ZIP Code use is voluntary, except where a
ZIP+4 discount is claimed. See Domestic Mail Services Manual,
Section A010.1.2d, formerly Section 122.32. The USPS cannot by
law discriminate against the non-use of ZIP codes, see P.L. 91-
375, Sec. 403, although it does anyway.
Verified Petition for Warrant of Removal:
Page 2 of 6
(4) Defendant hereby rebuts any presumption and denies any
allegation that He resides in any federal area, or federal venue,
by virtue of the exhibition of ZIP codes and/or two-letter
federal abbreviations (e.g. "AL") in documents heretofore
presented to this Court and filed in the official record of the
instant case.
The Union States, as agents for the People, delegated to
Congress the power to establish Post Offices and post Roads, see
1:8:7, 7:1. The use of these Post Offices was never intended to
subject Citizens of the several states to the municipal
jurisdiction of the United States, even if Congress later decided
to create the USPS as a municipal corporation and to underwrite
its debts by selling bonds to international banks, and by
securing those bonds with future postal revenues.
(5) Defendant argues that federal and state courts are
presently abusing the exhibition of ZIP Codes on filed pleadings
and other documents, because said courts are secretly attempting
to collect revenue for the benefit of the holders of said bonds.
These holders in due course have obtained from Congress liens on
future postal revenues, not unlike the liens which said holders
have also obtained by purchasing United States Treasury Bonds,
and similar evidences of indebtedness, with credit which said
holders have created quite literally out of thin air, under color
of the Federal Reserve Act. Regulations for the Federal Reserve
Act have never been promulgated in the Federal Register, severely
limiting the application of said Act to federal officers,
employees, and contract agents. See 44 U.S.C. 1505(a).
Defendant is none of these, notwithstanding any unsubstantiated
allegations by Plaintiff to the contrary.
Verified Petition for Warrant of Removal:
Page 3 of 6
(6) Defendant hereby denies ever having elected to reside
within any fictional "State within a state" created by the Buck
Act, see 4 U.S.C. 104-113, Howard v. Sinking Fund of Louisville,
344 U.S. 624 (1953), Schwartz v. O'Hara TP. School Dist., 100
A.2d 621, 625 (1953). There are no regulations in the Code of
Federal Regulations ("CFR") imposing these statutes, see CFR
Index and Finding Aids, 1/1/93, p. 937, "Referrals to Department
of Justice or GAO". Defendant has never been a federal employee
and denies being subject in any way to the Public Salary Tax Act
of 1939. All acts of Congress are territorial in nature and
apply only within its territorial jurisdiction, see American
Banana Co. v. United Fruit Co., 213 U.S. 347, 356-357 (1909);
U.S. v. Spelar, 338 U.S. 217, 222 (1949); New York Central R.R.
Co. v. Chisholm, 268 U.S. 29, 31-32, (1925); and Sandberg v.
McDonald, 248 U.S. 185 (1918).
VERIFICATION
I, William Michael, Kemp, Sui Juris, hereby declare, under
penalty of perjury, under the laws of the United States of
America, without the "United States", and under knowledge of the
law forbidding false witness before God and men, attest and
affirm that I have read the foregoing and know the contents
thereof, and that the same is true of My own knowledge, except
those matters herein alleged on information and belief, and as to
those matters, I believe them to be true, so help Me God,
pursuant to 28 U.S.C. 1746(1).
Verified Petition for Warrant of Removal:
Page 4 of 6
REMEDY REQUESTED
Wherefore, Defendant hereby petitions this honorable
District Court of the United States for a three-judge panel to
issue a Warrant of Removal to the Circuit Court of Etowah County,
Alabama state, to remove case number #CC-95-1083-DWS from said
state court into this District Court of the United States, with
all deliberate speed.
Dated: [mm/dd/yy]
Respectfully submitted,
/s/ Mike Kemp
William Michael, Kemp, Sui Juris
Citizen of Alabama state
(expressly not a federal citizen)
Verified Petition for Warrant of Removal:
Page 5 of 6
PROOF OF SERVICE
I, William Michael, Kemp, Sui Juris, hereby certify, under
penalty of perjury, under the laws of the United States of
America, without the "United States", that I am at least eighteen
years of age, a Citizen of one of the United States of America,
and that I personally served the following document(s):
NOTICE OF PETITION AND VERIFIED PETITION
FOR WARRANT OF REMOVAL BY 3-JUDGE PANEL:
18 U.S.C. 1964(a), 28 U.S.C. 1331, 1367(a), 1441,
1443(2), 1446, 1746(1), 2284; FRCP Rules 9(h), 11, 38
by placing one true and correct copy of said document(s) in first
class United States mail, with postage prepaid and properly
addressed to the following:
James E. Hedgspeth, Jr. Clerk of Court
Etowah County Offices District Court of the U.S. [sic]
c/o 800 Forrest Avenue c/o 1729 Fifth Avenue North
Gadsden, Alabama state Birmingham, Alabama state
Clerk of Court Clerk of Court
Circuit Court of Etowah County Alabama Court of Criminal Appeals
c/o 800 Forrest Avenue c/o P.O. Box 301555
Gadsden, Alabama state Montgomery, Alabama state
Attorney General Solicitor General
Department of Justice Department of Justice
10th and Constitution, N.W. 10th and Constitution, N.W.
Washington, D.C. Washington, D.C.
Executed on [mm/dd/yy]
/s/ Mike Kemp
William Michael, Kemp, Sui Juris
Citizen of Alabama state
(expressly not a federal citizen)
All Rights Reserved without Prejudice
Verified Petition for Warrant of Removal:
Page 6 of 6
# # #
Return to Table of Contents for
Alabama v. Kemp