Floyd Raymond, Looker, Sui Juris
c/o General Delivery
Nettie [zip code exempt]
WEST VIRGINIA
In Propria Persona
All Rights Reserved Without Prejudice
DISTRICT COURT OF THE UNITED STATES
NORTHERN JUDICIAL DISTRICT OF WEST VIRGINIA
Floyd Raymond, Looker, ) Docket Nos. 5:96-CR-40
) 1:96-CR-41
Plaintiff, ) 1:96-CR-42
) 1:96-CR-43
v. )
) NOTICE OF PETITION AND VERIFIED
United States, ) PETITION FOR WARRANT OF REMOVAL
and Does 1-99, ) BY THREE-JUDGE PANEL:
) 18 U.S.C. 1964(a);
Respondents. ) 28 U.S.C. 292(b), 1331, 1332,
) 1333(1), 1359, 1367(a), 1441(b),
) 1441(c), 1446, 1451(2), 1631,
) 2284; 5 U.S.C. 552(a)(4)(B);
) FRCP Rules 9(h), 11, 38;
______________________________) JURY TRIAL DEMANDED
COMES NOW Floyd Raymond, Looker, Sui Juris, Citizen of West
Virginia state and Plaintiff in the above entitled matter
(hereinafter "Plaintiff"), to petition this honorable Court for a
Warrant of Removal by a three-judge panel, pursuant to the
authorities cites supra, of the several cases enumerated above
(hereinafter "Criminal Cases") from the United States District
Court [sic] (hereinafter "USDC"), Northern District of West
Virginia, to the District Court of the United States [sic]
(hereinafter "DCUS"), Northern Judicial District of West
Virginia, on the several federal questions involved, to wit:
Notice and Verified Petition for Warrant of Removal:
Page 1 of 8
(1) The federal Jury Selection and Service Act, 28 U.S.C.
1861 thru 1865, presently lacks any policy for grand jury or
petit jury selection or service within the USDC, whereas said Act
does exhibit a policy for jury selection and service within the
DCUS; see 28 U.S.C. 1861 in pari materia with 1 U.S.C. 1 et seq.
(2) Plaintiff has authorized His chosen Counsel of record
to submit proper Freedom of Information Act ("FOIA") requests for
the official credentials of the alleged federal officers,
employees, and agents who have touched the Criminal Cases in any
way, and for other certified documentary evidence necessary to
prove, as a matter of record, the existence, or absence, of
lawful federal authority to proceed with the Criminal Cases in
the first instance;
(3) Plaintiff complains of systematic deprivation of
fundamental Rights guaranteed by the Constitution for the United
States of America, as lawfully amended (hereinafter "U.S.
Constitution"), and the Constitution of the State of West
Virginia, as lawfully amended (hereinafter "State Constitution"),
which deprivations are criminal violations of 18 U.S.C. 242, and
possibly also 18 U.S.C. 241;
(4) Other federal questions have arisen since the Criminal
Cases first began, which questions include, but are not limited
to, the several related federal cases whose litigants are now
desirous of either joining, removing to, and/or formally
intervening in, the instant case because of a demonstrable
failure by the United States (federal government) to establish,
as a matter of official Court record, that the USDC has any
criminal jurisdiction whatsoever, either over the subject matter
or over the Person of the Plaintiff, a Citizen of West Virginia
state who is expressly not also a federal citizen; confer at
"Federal citizenship" in Black's Law Dictionary, Sixth Edition.
Notice and Verified Petition for Warrant of Removal:
Page 2 of 8
(5) Plaintiff has satisfied all procedural prerequisites to
bring a proper challenge to the constitutionality of the federal
Jury Selection and Service Act, by means of a proper Plea in
Abatement, on grounds of prohibited class discrimination against
Citizens of West Virginia state who are not also citizens of the
United States (hereinafter "federal citizens"); but Plaintiff
was denied a fundamental Right to due process of law when the
Magistrate Judge in the Criminal Cases pled past Plaintiff's
proper Motion to Stay Proceedings, pending final resolution of
said challenge, by entry sua sponte of a Plea of "Not Guilty",
thereby violating 28 U.S.C. 454, the federal statute which
prohibits the practice of law by federal judges and magistrates,
and denying to Plaintiff proper adjudication of the matter at
hand. See Plaintiff's PLEA IN ABATEMENT already filed.
(6) Plaintiff was deprived of a fundamental Right to
effective assistance of Counsel, in violation of the Sixth
Amendment to the U.S. Constitution, when the USDC failed to
guarantee effective assistance of Counsel at every step in the
proceedings, causing the USDC to oust itself of any jurisdiction
it might otherwise have had, pursuant to the holding of the
Supreme Court of the United States in the case of Johnson v.
Zerbst, 304 U.S. 458, 468 (1938).
(7) Plaintiff was likewise deprived of a fundamental Right
to petition government (the courts) for redress of grievances,
pursuant to the Petition Clause, when the attorney appointed by
the USDC to "represent" [sic] Plaintiff refused to deliver or
otherwise assist in the delivery, signing, and filing of
Plaintiff's proper Plea in Abatement and Verified Statement,
signed and dated in support of said Plea, under penalty of
perjury, both of which pleadings were later filed by Plaintiff,
in open court at the scheduled arraignment in the Criminal Cases.
The Supreme Court has ruled that the Petition Clause is the Right
conservative of all other Rights, rendering this deprivation one
with the most serious and far-reaching consequences of all. See
Chambers v. Baltimore & Ohio R.R., 207 U.S. 142, 148 (1907).
Notice and Verified Petition for Warrant of Removal:
Page 3 of 8
JURISDICTION
This District Court of the United States has original
jurisdiction of this action, pursuant to authorities cited in the
above caption, to wit: 18 U.S.C. 1964(a), 28 U.S.C. 292(b), 1331,
1332, 1333(1), 1359, 1367(a), 1441(b) and (c), 1446, 1451(2),
1631 and 2284. Pursuant to the definition at 28 U.S.C. 1451(2),
the USDC from which the criminal action is being removed is a
"State" court as defined therein, because said court is a
legislative tribunal domiciled in the District of Columbia. See
Balzac v. Porto Rico [sic], 42 S.Ct. 343, 258 U.S. 298 at 312, 66
L.Ed 627 (1921); and compare 18 U.S.C. 1964(a) ("district courts
of the United States") with 1964(c) ("United States district
court").
In contrast, the DCUS is an Article III court with general
authority to hear all questions arising under the Constitution,
Laws, and Treaties of the United States, including but not
limited to the First Amendment, Fourth Amendment, Fifth
Amendment, Sixth Amendment, Eighth Amendment, Ninth Amendment,
Tenth Amendment, Thirteenth Amendment, the International Covenant
on Civil and Political Rights, and the Universal Declaration of
Human Rights. See Supremacy Clause.
Notice and Verified Petition for Warrant of Removal:
Page 4 of 8
INCORPORATION OF PRIOR PLEADINGS
Plaintiff hereby incorporates by reference all pleadings
heretofore filed or otherwise lodged in the Criminal Cases,
specifically including but not limited to all pleadings
previously filed by Plaintiff in said cases, and also by alleged
officers, employees, and/or agents of the Department of Justice,
who are alleged agents of the United States who have claimed, but
failed to demonstrate, any powers of attorney to represent the
UNITED STATES OF AMERICA as Plaintiffs with lawful standing in
the Criminal Cases which were allegedly brought before the USDC
for criminal prosecution.
NOTICE OF RELATED CASES
Plaintiff also wishes respectfully to demand mandatory
judicial notice, pursuant to Rule 201(d) of the Federal Rules of
Evidence, and pursuant to the Full Faith and Credit Clause, of
two related cases, to wit:
(1) People of the United States of America ex relatione
Paul Andrew Mitchell v. United States et al., DCUS Montana,
Billings Division, Case Number #CV-96-163-BLG; see attached copy
of NOTICE OF REFUSAL FOR CAUSE [cites omitted] which is
incorporated by reference as if set forth fully herein;
(2) In re: Paul Andrew Mitchell Freedom of Information Act
Request, USDC Montana, Helena Division, Case Number #MCV-96-50-H-
CCL; see attached copy of NOTICE OF REFUSAL FOR CAUSE [cites
omitted] which is also incorporated by reference as if set forth
fully herein.
Notice and Verified Petition for Warrant of Removal:
Page 5 of 8
RESERVATION OF RIGHTS DUE TO FRAUD
Plaintiff hereby explicitly reserves His fundamental Right
to amend this and all subsequent pleadings, should future events
and/or discoveries prove that Plaintiff has failed adequately to
comprehend the full extent of the damage(s) which He has
sustained at the hands of the Respondents, both named and
unnamed, now and at all times in the future.
Plaintiff hereby also explicitly reserves His fundamental
Right to enjoy a panel of three (3) competent and qualified
federal judges whose compensations are not being diminished by
federal income taxes, pursuant to Article III, Section 1 ("3:1"),
in the U.S. Constitution, and Evans v. Gore, 253 U.S. 245 (1920)
(never overturned).
Plaintiff hereby specifically complains that Congress knew,
or should have known, that the federal court of original
jurisdiction to enforce the FOIA is the District Court of the
United States ("DCUS"), not the United States District Court
("USDC"), when Congress published A CITIZEN'S GUIDE ON USING THE
FREEDOM OF INFORMATION ACT AND THE PRIVACY ACT OF 1974 TO REQUEST
GOVERNMENT RECORDS, First Report by the House Committee on
Government Operations, Subcommittee on Information, Justice,
Transportation, and Agriculture, 1993 Edition, House Report 103-
104, 103rd Congress, 1st Session, Union Calendar No. 53.
Said CITIZEN'S GUIDE incorrectly cited the United States
District Court ("USDC") as the federal court of original
jurisdiction for judicial enforcement of FOIA requests. See 5
U.S.C. 552(a)(4)(B). There is no statute of limitations on
fraud, whether actual or constructive.
Notice and Verified Petition for Warrant of Removal:
Page 6 of 8
REMEDY REQUESTED
Wherefore, Plaintiff hereby petitions this honorable
District Court of the United States for a three-judge panel to
issue a Warrant of Removal to the United States District Court,
Northern District of West Virginia, to remove the Criminal Cases
from said court into this District Court of the United States,
Northern Judicial District of West Virginia, with all deliberate
speed.
VERIFICATION
We, the Undersigned, hereby verify, under penalty of
perjury, under the laws of the United States of America, without
the "United States", that the above statements of fact are true
and correct, to the best of Our current information, knowledge,
and belief, so Us God, pursuant to 28 U.S.C. 1746(1).
Executed on ____________________________________
/s/ Ray Looker
Floyd Raymond, Looker, Sui Juris
Citizen of West Virginia state
Executed on December 23, 1996
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Counsel to Plaintiff
Notice and Verified Petition for Warrant of Removal:
Page 7 of 8
PROOF OF SERVICE
I, Paul Andrew, Mitchell, 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 18 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 THREE-JUDGE PANEL:
18 U.S.C. 1964(a); 28 U.S.C. 292(b), 1331, 1332, 1333(1),
1334, 1359, 1367(a), 1441(b), 1441(c), 1446, 1746(1), 2284;
5 U.S.C. 552(a)(4)(B); FRCP Rules 9(h), 11, 38;
JURY TRIAL DEMANDED
by placing one true and correct copy of said document(s) in first
class U.S. Mail, with postage prepaid and properly addressed to
the following:
United States Attorney Clerk of Court
Federal Building United States District Court
c/o P.O. Box 591 c/o P.O. Box 471
Wheeling [zip code exempt] Wheeling [zip code exempt]
WEST VIRGINIA WEST VIRGINIA
Attorney General Solicitor General
Department of Justice Department of Justice
10th and Constitution, N.W. 10th and Constitution, N.W.
Washington [zip code exempt] Washington [zip code exempt]
DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA
Chief Judge William H. Rehnquist, C.J.
4th Circuit Court of Appeals Supreme Court of the U.S.
10th & Main Streets 1 First Street, N.E.
Richmond [zip code exempt] Washington [zip code exempt]
COMMONWEALTH OF VIRGINIA DISTRICT OF COLUMBIA
Executed on December 23, 1996
/s/ Paul Andrew Mitchell
__________________________________________
Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Counsel to Plaintiff
Notice and Verified Petition for Warrant of Removal:
Page 8 of 8
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U.S.A. v. Looker