NESARA News
Moderator: Deep Knight
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Re: NESARA News
Friday, February 23, 2018
To all Americans! You are needed NOW! To all nesaranews readers and the millions who see this post elsewhere on other websites! Paul Revere is screaming for you!
This has gone on long enough! 1868 to 1871 the corporation U.S. UNITED STATES aka VIRGINIA Company was hired to provide 19 governmental services to the people and due to the 1861 DeJure Congress sine die when the south walked out and an insufficient number of people for quorum remained to adjourn and schedule next meeting.
I hear people screaming about their treatment by the foreign DeFacto Corporation's taxes and unjust laws of the sea being enforced against them daily and spending untold amounts of time and energy fighting within their system for a shred of justice. Usurpation. So many people are fighting the symptoms of the problem but almost nobody is going after the cure! Stop playing big pharma with trying to use their internal regulations and rules against them by fighting the symptoms of the problem and making them wealthy. Going to jail and/or paying fines for victim-less crimes takes a lot of time and money away from your life and family.
Yes we put Donald Trump in the CEO position of that foreign corporation so he can drain the swamp and return the power back to the people. Donald trump cannot complete his promised job until we the people assemble to take that power. The Pentagon is complying with orders issued from the lawful civilian authority. Donald Trump being president is due to a result of those orders. The orders were issued several years ago.
Trump must be careful how he brings these monsters to a stop. Remember this is all interlaced like a complex machine that some parts are needed that would be badly effected by other parts halted. Cause and effect. Trump knows this and it is a nightmare to figure out the best way to shut things down without having adverse effect elsewhere.
What would work the best that is out of Trump's jurisdiction and control would be the people returning to self governance via the county and state assemblies so the entire machine can be overseen and dismantled with the assemblies stepping in at the appropriate time. That would make for a smooth transition with minimal catastrophe. It all hinges around all of us getting our county assemblies up and running! We had 59 callers on the conference call tonight! That is pathetically small number! We need to add a couple zeros to that number and fast!
The Florida school shooting was staged by the criminals within that hired foreign corporation and took 17 beautiful lives from us! 9-11 and all the false flags that have happened will continue until a majority of county and state assemblies are resettled! At this time Michigan is the only declared DeJure state with all it's land settled with assemblies. False flag attacks don't happen in Michigan because of this. Michigan has an unrebutted lawfull body politic of We THE People assembled that can and will hold them accountable for any injury upon anyone on Michigan land. This is the cure for the cancer known as the hired foreign U.S. corporation in D.C. You want it gone? Get assembled! Resettle your land jurisdiction! It is a lot easier and healthier to do this than to keep fighting the endless fight against the symptoms!
If you want the power Trump is trying to return to the people then get it done so you can receive that power!
If you cannot make that call then at least send an email with your state in the subject line. First name and email address is required. If you choose to include any additional contact info that is up to you. Your information will only be shared with coordinators for your county or state assembly. Nobody else will have access.
If you cannot be active in doing the work then you can at least be counted as a number for your county assembly. Generally 1 tenth of members are active. But the numbers is what allows for the steps to become a settled county and state assembly. The Handbook and resettling of the counties is proven safe and effective. No goons or badge wearers will interfere or harm you in the process and guidelines outlined in the handbook. Nobody goes to jail for peacefully following the footsteps of our founding fathers. Feds are aware of it and declared it lawful. Your county, your family, your life, your freedom, your assembly. So there is no excuse to not be involved.
Email or be on that call or watch America fail. Donald Trump cannot do it by himself. Donald Trump is our inside operative. It is up to us the people. It is that simple. Sorry to be blunt but we are running out of time!
Posted by Freewill at 1:56:00 AM
To all Americans! You are needed NOW! To all nesaranews readers and the millions who see this post elsewhere on other websites! Paul Revere is screaming for you!
This has gone on long enough! 1868 to 1871 the corporation U.S. UNITED STATES aka VIRGINIA Company was hired to provide 19 governmental services to the people and due to the 1861 DeJure Congress sine die when the south walked out and an insufficient number of people for quorum remained to adjourn and schedule next meeting.
I hear people screaming about their treatment by the foreign DeFacto Corporation's taxes and unjust laws of the sea being enforced against them daily and spending untold amounts of time and energy fighting within their system for a shred of justice. Usurpation. So many people are fighting the symptoms of the problem but almost nobody is going after the cure! Stop playing big pharma with trying to use their internal regulations and rules against them by fighting the symptoms of the problem and making them wealthy. Going to jail and/or paying fines for victim-less crimes takes a lot of time and money away from your life and family.
Yes we put Donald Trump in the CEO position of that foreign corporation so he can drain the swamp and return the power back to the people. Donald trump cannot complete his promised job until we the people assemble to take that power. The Pentagon is complying with orders issued from the lawful civilian authority. Donald Trump being president is due to a result of those orders. The orders were issued several years ago.
Trump must be careful how he brings these monsters to a stop. Remember this is all interlaced like a complex machine that some parts are needed that would be badly effected by other parts halted. Cause and effect. Trump knows this and it is a nightmare to figure out the best way to shut things down without having adverse effect elsewhere.
What would work the best that is out of Trump's jurisdiction and control would be the people returning to self governance via the county and state assemblies so the entire machine can be overseen and dismantled with the assemblies stepping in at the appropriate time. That would make for a smooth transition with minimal catastrophe. It all hinges around all of us getting our county assemblies up and running! We had 59 callers on the conference call tonight! That is pathetically small number! We need to add a couple zeros to that number and fast!
The Florida school shooting was staged by the criminals within that hired foreign corporation and took 17 beautiful lives from us! 9-11 and all the false flags that have happened will continue until a majority of county and state assemblies are resettled! At this time Michigan is the only declared DeJure state with all it's land settled with assemblies. False flag attacks don't happen in Michigan because of this. Michigan has an unrebutted lawfull body politic of We THE People assembled that can and will hold them accountable for any injury upon anyone on Michigan land. This is the cure for the cancer known as the hired foreign U.S. corporation in D.C. You want it gone? Get assembled! Resettle your land jurisdiction! It is a lot easier and healthier to do this than to keep fighting the endless fight against the symptoms!
If you want the power Trump is trying to return to the people then get it done so you can receive that power!
If you cannot make that call then at least send an email with your state in the subject line. First name and email address is required. If you choose to include any additional contact info that is up to you. Your information will only be shared with coordinators for your county or state assembly. Nobody else will have access.
If you cannot be active in doing the work then you can at least be counted as a number for your county assembly. Generally 1 tenth of members are active. But the numbers is what allows for the steps to become a settled county and state assembly. The Handbook and resettling of the counties is proven safe and effective. No goons or badge wearers will interfere or harm you in the process and guidelines outlined in the handbook. Nobody goes to jail for peacefully following the footsteps of our founding fathers. Feds are aware of it and declared it lawful. Your county, your family, your life, your freedom, your assembly. So there is no excuse to not be involved.
Email or be on that call or watch America fail. Donald Trump cannot do it by himself. Donald Trump is our inside operative. It is up to us the people. It is that simple. Sorry to be blunt but we are running out of time!
Posted by Freewill at 1:56:00 AM
"Follow the Money"
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Re: NESARA News
"We had 59 callers on the conference call tonight! That is pathetically small number! We need to add a couple zeros to that number and fast!"
OK, Freewill -- here ya go:
.0059 callers
OK, Freewill -- here ya go:
.0059 callers
"We've been attacked by the intelligent, educated segment of the culture." -- Pastor Ray Mummert, Dover, PA, during an attempt to introduce creationism -- er, "intelligent design", into the Dover Public Schools
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Re: NESARA News
Or 59.00 - either way, really.Pottapaug1938 wrote:"We had 59 callers on the conference call tonight! That is pathetically small number! We need to add a couple zeros to that number and fast!"
OK, Freewill -- here ya go:
.0059 callers
"No man is above the law and no man is below it; nor do we ask any man's permission when we require him to obey it. Obedience to the law is demanded as a right; not asked as a favor."
- President Theodore Roosevelt
- President Theodore Roosevelt
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Re: NESARA News
rogfulton wrote:Or 59.00 - either way, really.Pottapaug1938 wrote:"We had 59 callers on the conference call tonight! That is pathetically small number! We need to add a couple zeros to that number and fast!"
OK, Freewill -- here ya go:
.0059 callers
I like .0059. It's an hour call, and this fraction of a "caller" would be equivalent to one person who called in, listened for 21 seconds, and hung up. Yep, like it a lot.
"Follow the Money"
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Re: NESARA News
Saturday, February 24, 2018
Google on massive censor and deletion epidemic and how it can effect nesara news
Nesara news is hosted on the blogger platform owned by Google. John Machaffie set it up that way. I am downloading backups of this blog every few days. The backups are around a gigabyte in size each. This is a large blog with a lot of data. When John passed away January 2015 I was able to move nesara news out from John's email account and keep it under my email account. If Google does delete this blog most likely my email account will also be deleted. I do have the ability to convert blogger backup files to many other blogging programs. It may take some time to get things right but it is possible to restore every last post and comment in this blog into a new private hosted blog.
for several years I have owned the domain nesara. news and have an email freewill@ nesara. news to replace this blog and email if deletion happens. nesara. news is hosted on a private server out of reach of Google and the other giants. I encourage our readers and contributors to bookmark and/or write down nesara. news and freewill@ nesara. news to remain a part of nesaranews.
I have not done anything with www. nesara. news for some time due to time needed elsewhere. But I can pick up immediately on it if this one gets deleted.
Posted by Freewill at 3:09:00 AM
Google on massive censor and deletion epidemic and how it can effect nesara news
Nesara news is hosted on the blogger platform owned by Google. John Machaffie set it up that way. I am downloading backups of this blog every few days. The backups are around a gigabyte in size each. This is a large blog with a lot of data. When John passed away January 2015 I was able to move nesara news out from John's email account and keep it under my email account. If Google does delete this blog most likely my email account will also be deleted. I do have the ability to convert blogger backup files to many other blogging programs. It may take some time to get things right but it is possible to restore every last post and comment in this blog into a new private hosted blog.
for several years I have owned the domain nesara. news and have an email freewill@ nesara. news to replace this blog and email if deletion happens. nesara. news is hosted on a private server out of reach of Google and the other giants. I encourage our readers and contributors to bookmark and/or write down nesara. news and freewill@ nesara. news to remain a part of nesaranews.
I have not done anything with www. nesara. news for some time due to time needed elsewhere. But I can pick up immediately on it if this one gets deleted.
Posted by Freewill at 3:09:00 AM
"Follow the Money"
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Re: NESARA News
Now this could be interesting.Our newest member Freewill
C'mon, Destry buddy, don't be shy. Post!
"A wise man proportions belief to the evidence."
- David Hume
- David Hume
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Re: NESARA News
I wanted to thank this CIA controlled troll breeding platform for posting my content from nesaranews. I am honored for the publicity. Though you may do it for a negative way, it still further promotes exposure and causes more visitors for me. I check several search engines for many keywords and the results for quatlost point viewers to nesaranews. So thanks again for the publicity! ~Freewill
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Re: NESARA News
Illuminati-controlled. Please.Freewill wrote:I wanted to thank this CIA controlled
Oh, we don't breed trolls. We lure them towards the rotating knives.troll breeding platform
No problem. We do the same for Winston Shrout, David Icke, Irwin Schiff, Larken Rose, Heather Giraffe-Tuchas, and many, many other less-known wackos (like you). Equal opportunity.for posting my content from nesaranews.
So welcome to Q. As long as you're here, a few questions:
(1) Did you ever clear up that warrant from a couple of years ago when you decided not to show for your trial?
(2) How'd you ever get into that fix in the first place? As a distinguished "common-law judge", couldn't you just find yourself not guilty? After all, as you wrote, "A common law judge can overturn municipal judgements. Common Law judgements cannot be overturned by any municipal court." Or not?
(3) Have you recovered from the ignominy of being thrown out on your ear from the Eastern District of Michigan three times in the space of nine months? I mean, a brilliant jurist like you?
Thanks. I'm sure others will have more questions.
"A wise man proportions belief to the evidence."
- David Hume
- David Hume
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Re: NESARA News
Oh, no, please do not be fooled by this false flag posting by so called 'freewill'. I have forensically analysed the post using quantum grammar and it is clear that not only is the post authored by Deep Knight in one of his many guises, but the entire Nesara topic for many years has been supported and indeed created by the incredibly prolific "Deep Knight Prose Factory" as part of a satanically inspired attempt to monopolise the Disinformation Spectrum with carefully crafted 'Counter Vibrations' that serve to deflect with ridicule any covert or overt approaches to the REAL TRUTH.
Safely out of the reach of the US State, the Deep State, and the Absolute Bottom State, on a small island in the Atlantic Ocean, it is my pleasure to cradle the TRUE MEANING of almost everything in my cybernetically augmented think tank. It does not behoove me to disseminate this wisdom as it would be as pointless as preaching to bacteria, but believe me, if you all were able to understand it, you'd laugh.
Safely out of the reach of the US State, the Deep State, and the Absolute Bottom State, on a small island in the Atlantic Ocean, it is my pleasure to cradle the TRUE MEANING of almost everything in my cybernetically augmented think tank. It does not behoove me to disseminate this wisdom as it would be as pointless as preaching to bacteria, but believe me, if you all were able to understand it, you'd laugh.
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Re: NESARA News
Saturday, February 24, 2018
Quatloos the CIA owned and controlled forum has been posting nesaranews content and I thanked them.
I am not surprised at all with those troll breeding cabal owned forums. I have discovered their copied content from nesaranews is actually promoting nesaranews with the search engines.
I decided to thank them for it with a post for 2 pages of publicity:
I wanted to thank this CIA controlled troll breeding platform for posting my content from nesaranews. I am honored for the publicity. Though you may do it for a negative way, it still further promotes exposure and causes more visitors for me. I check several search engines for many keywords and the results for quatlost point viewers to nesaranews. So thanks again for the publicity! ~Freewill
I will not ridicule or pester them as their reputation precedes them already. But decided to be a nice guy and thank them.
Posted by Freewill at 6:20:00 PM
You're welcome!
As long as I have your attention, there IS a question I would like answered. I have read the documents from your first divorce (online), and if you don't mind would like to know the source of the impotency that tore that marriage apart. Was it a poor diet, too much self abuse, some anti-psychotic drug you were taking, or simply a lack of you-know-what when push came to shove?
Speaking of limpness, it would be wrong not to compliment you on your NESARA News' design. Sharp! Seriously, it's a pleasure to drop by to gather tortured prose to mock and ridicule, keep up the good work!
By the way, I know you're concerned that we might contact Google, which runs Blogspot, and complain that you're violating the terms of service. Been there, done that. I turns out your site was so inane they weren't sure what was going on and didn't want to ban it. But that was then, under McHaffie's more careful stewardship, this is now. I think you've been posting enough of a hateful false narrative that they might listen to complaints this time, so as soon as I'm done here, I'm going to send them one. It's easy, just go to https://support.google.com/blogger/answer/82111 and tag NESARA News as having hate speech about gun violence in schools. That will get their attention. And you don't have to thank me, I get paid so much by the CIA for doing this that expressions of gratitude, no matter how heartfelt, would just be empty words.
Quatloos the CIA owned and controlled forum has been posting nesaranews content and I thanked them.
I am not surprised at all with those troll breeding cabal owned forums. I have discovered their copied content from nesaranews is actually promoting nesaranews with the search engines.
I decided to thank them for it with a post for 2 pages of publicity:
I wanted to thank this CIA controlled troll breeding platform for posting my content from nesaranews. I am honored for the publicity. Though you may do it for a negative way, it still further promotes exposure and causes more visitors for me. I check several search engines for many keywords and the results for quatlost point viewers to nesaranews. So thanks again for the publicity! ~Freewill
I will not ridicule or pester them as their reputation precedes them already. But decided to be a nice guy and thank them.
Posted by Freewill at 6:20:00 PM
You're welcome!
As long as I have your attention, there IS a question I would like answered. I have read the documents from your first divorce (online), and if you don't mind would like to know the source of the impotency that tore that marriage apart. Was it a poor diet, too much self abuse, some anti-psychotic drug you were taking, or simply a lack of you-know-what when push came to shove?
Speaking of limpness, it would be wrong not to compliment you on your NESARA News' design. Sharp! Seriously, it's a pleasure to drop by to gather tortured prose to mock and ridicule, keep up the good work!
By the way, I know you're concerned that we might contact Google, which runs Blogspot, and complain that you're violating the terms of service. Been there, done that. I turns out your site was so inane they weren't sure what was going on and didn't want to ban it. But that was then, under McHaffie's more careful stewardship, this is now. I think you've been posting enough of a hateful false narrative that they might listen to complaints this time, so as soon as I'm done here, I'm going to send them one. It's easy, just go to https://support.google.com/blogger/answer/82111 and tag NESARA News as having hate speech about gun violence in schools. That will get their attention. And you don't have to thank me, I get paid so much by the CIA for doing this that expressions of gratitude, no matter how heartfelt, would just be empty words.
"Follow the Money"
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Re: NESARA News
You damn fool! If Google shuts them down how will NESARA get announced? I want my Packie!
Keep in mind that if you destroy Dove's legacy you'll have a mob of pissed-off Pleiadians to deal with. They've been orbiting earth since 2010 waiting for NESARA News to get the job done and they won't be happy you've scuppered the announcement.
Keep in mind that if you destroy Dove's legacy you'll have a mob of pissed-off Pleiadians to deal with. They've been orbiting earth since 2010 waiting for NESARA News to get the job done and they won't be happy you've scuppered the announcement.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".
https://www.youtube.com/watch?v=XeI-J2PhdGs
https://www.youtube.com/watch?v=XeI-J2PhdGs
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Re: NESARA News
To welcome Freewill into our midst, I'll supply the lyrics for a song popular at Illuminati karaoke nights:
CHORUS
RV John
What's that tinfoil you have on?
Could it be your favorite clothes from days gone by?
And did I hear you say
You were meeting them here today
To take them to your RV in the sky
He's 41 and everyone calls him Tommy
He's single and he still lives with his Mommy.
But he thinks he'll soon go very, very far
'cause Iraq will soon revalue its dinar.
CHORUS
All his life he's worked as a lowly chicken plucker
All the grifters know that he's a stupid moth... er, sucker
for every two-bit hustle, scam and con.
Just as soon as he saves money, it is gone.
CHORUS
Then he listened to a man named John MacHaffie.
And all the folks 'round Brownsville think he's daffy
to buy dinars and then hide them 'neath his roof
unaware that all his money will go Poof!
CHORUS
CHORUS
RV John
What's that tinfoil you have on?
Could it be your favorite clothes from days gone by?
And did I hear you say
You were meeting them here today
To take them to your RV in the sky
He's 41 and everyone calls him Tommy
He's single and he still lives with his Mommy.
But he thinks he'll soon go very, very far
'cause Iraq will soon revalue its dinar.
CHORUS
All his life he's worked as a lowly chicken plucker
All the grifters know that he's a stupid moth... er, sucker
for every two-bit hustle, scam and con.
Just as soon as he saves money, it is gone.
CHORUS
Then he listened to a man named John MacHaffie.
And all the folks 'round Brownsville think he's daffy
to buy dinars and then hide them 'neath his roof
unaware that all his money will go Poof!
CHORUS
"We've been attacked by the intelligent, educated segment of the culture." -- Pastor Ray Mummert, Dover, PA, during an attempt to introduce creationism -- er, "intelligent design", into the Dover Public Schools
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Re: NESARA News
many other less-known wackos (like you).
WES, you forgot to add "inconsequential" to that otherwise apt description.
WES, you forgot to add "inconsequential" to that otherwise apt description.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.
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Re: NESARA News
For those of you for whom reading about Destry's legal theories never gets old...
MAGISTRATE JUDGE PATRICIA T. MORRIS
DISTRICT JUDGE THOMAS L. LUDINGTON
MAGISTRATE JUDGE PATRICIA T. MORRIS
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION TO DISMISS PURSUANT TO 28 U.S.C. § 1915A
I. RECOMMENDATION
For the following reasons, IT IS RECOMMENDED that the case be sua sponte DISMISSED WITH PREJUDICE against Defendants Dawn Kilda, Kurt Asbury, Daniel Gillman, John Doe, and Jane Doe because Plaintiff has failed to state a claim upon which relief can be granted.
A complaint drafted by a prisoner which is frivolous and fails to state a claim for relief is "amenable to dismissal with prejudice." Helwig v. Raycroft, 211 F.3d 1269 (6th Cir. 2000).
The Court recommends that this case be dismissed as to all Defendants, and lists the names of Defendants here for the sake of clarity.
II. REPORT
A. Introduction
On May 19, 2015, Plaintiff Destry James Payne filed the instant pro se complaint, alleging that Defendants violated his constitutional rights in a variety of ways, mainly relating to his alleged imprisonment following prosecution by county authorities in Bay County, Michigan. (Doc. 1). On December 8, 2015, U.S. District Judge Thomas Ludington ordered that service be directed to all defendants, and referred this matter to the undersigned magistrate judge for consideration of all pretrial matters. (Doc. 5). Plaintiff's complaint was evidently filed on his behalf by his brother, Daniel Payne, who attached to the complaint an "affidavit of truth," including a "character assessment," "situation assessment," and information relating to the instant complaint, which Daniel characterizes as an "amicus curiae letter." (Doc. 1 at PGID 4-9). Also attached is an "amicus curiae open letter" sent by Daniel Payne to the judges of the 74 District Court for the State of Michigan in Bay City, Michigan. (Id. at PGID 10-13). Additionally, Plaintiff attaches a document from the "Global Isles Court of Record" which purports to demonstrate, inter alia, that federal and state courts lack jurisdiction in criminal and civil matters. (Id. at 14-29). Plaintiff's remaining attachments are generally composed of affidavits of service and a civil cover sheet, in which he asserts that his claim involves civil rights questions which implicate federal question jurisdiction. (Id. at 30-41).
Daniel Payne is neither a plaintiff in this matter, nor is he counsel for Plaintiff. Consequently, it is unclear whether Daniel Payne's statements in his "amicus curiae" letter are attributable to Plaintiff. Because the Court finds that Plaintiff's complaint is fatally deficient when considered on its own or in conjunction with Daniel Payne's attached letter, this distinction is ultimately irrelevant.
--------
B. Screening Procedure and Standards
On the face of his complaint, Plaintiff appears to be incarcerated in a Michigan jail or prison. Daniel Payne asserts in his "situation assessment" that Plaintiff "has been kept in jail," and has suffered financial and emotional harm as the result of being incarcerated. (Doc. 1 at ID 5). In addition, an offender search conducted on https://vinelink.com confirmed that Destry James Payne is currently incarcerated in the Bay County, Michigan jail. Daniel Payne also asserts that Plaintiff has been subjected to "poor quality water and food provided to him by [the] BAY COUNTY LAW ENFORCEMENT CENTER." (Id. at ID 6). In the "Request for relief from damages" section of his letter, Daniel Payne asks that Plaintiff be granted "immediate release . . . on his own recognizance." (Id. at ID 9). Plaintiff states in the complaint that he was "false arrested criminally detained under bogus charges kidnapped and unlawfully detained." (Id. at ID 1). Plaintiff thus appears to meet the definition of a "prisoner" under 28 U.S.C. § 1915A(c), which states that a "prisoner" is "any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program." While Plaintiff's complaint makes few specific allegations against Defendants, it appears that those persons are employed as judges, prosecutors, or other employees of Bay County or the State of Michigan. (Id. at ID 1-9).
28 U.S.C. § 1915A provides courts "shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity," and shall "dismiss the complaint if the complaint is . . . frivolous, malicious, or fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant who is immune from such relief." 28 U.S.C. § 1915A(a)-(b)(2). The Court is thus required to dismiss sua sponte (i.e. "screen") a complaint filed by a prisoner which meets the conditions stated above. Because Plaintiff's complaint falls within the province of 28 U.S.C. § 1915A, the Court will now examine whether his complaint is frivolous, malicious, fails to state a claim, or seeks monetary relief from an immune defendant.
C. Analysis
The crux of Plaintiff's claim is that he has been unlawfully prosecuted by state authorities who do not possess jurisdiction or power over him; Plaintiff asserts that his "name is pattent [sic] protected," which "requir[es] actual permission to use that name especially in any form of commerce under federal copyright law," and that he did not give "permission to use [his] trademark name." (Doc. 1 at ID 1). Plaintiff also moves for removal of his criminal case to federal court because of "diversity of citizenship." (Id. at ID 2). Plaintiff also makes brief reference to an "official registry in Belize," where his "registered trade mark" or "trade name" is apparently located. (Id. at ID 3). Regarding the substantive rights at issue, Plaintiff references his "basic constitutional rights," judicial disqualification under Michigan Court Rule 2.003(A)(1), along with violation of "Title 42 U.S. Code Sections 1983, 1984, 1985, and 1986 a 10 year felony for sure." (Id. at ID 3).
Daniel Payne further expands these themes in his "amicus curiae" letter to the Court, stating that Plaintiff is a "[flesh and blood] man" and that Defendants erroneously sought to "equate the corporate person DESTRY JAMES PAYNE with the natural person to whom I am brother," and that Defendants "forced [Plaintiff] to stand before the court and answer to verbal statements in which wrongs, including the distinction between the corporate person and natural person can be hidden in written records of the proceedings." (Doc. 1 at ID 5). Daniel Payne elsewhere states that "defendant DESTRY JAMES PAYNE is a corporate person, aka a legal fiction, aka a bank account, aka an account created by and maintained by the UNITED STATES OF AMERICA CORPORATION, as well as the fact that the corporate person DESTRY JAMES PAYNE is legally distinct and separate from its intended beneficiary." (Id. at ID . Daniel Payne also asserts that this "distinction has been argued numerous times and upheld in the U.S. Supreme Court," though he does not provide citations to any such opinions. (Id.). He further asserts that, as a natural person, Plaintiff "does not stand under the court's jurisdiction in the proceedings and the court must redirect its proceedings away from the natural person and toward the legally separate and distinct corporate person DESTRY JAMES PAYNE." (Id.). In his "request for relief from damages," Daniel Payne asks that the Court remove Plaintiff's criminal case to federal court, dismiss that case "for lack of cause, as well as lack of any United States Trustee representing the plaintiff," order the immediate release of Plaintiff, and investigate Plaintiff's criminal case. (Id. at ID 9). Daniel Payne signs his letter "Dan Payne Living [flesh and blood] man On the lands of Michigan All Rights Reserved." (Id.).
In the attached letter to Bay County judges, Daniel Payne makes reference to the "1933 bankruptcy proceedings of the United States of America corporation" which required "all of its licensed franchises, subsidiaries and agents . . . to file likewise, including the STATE OF MICHIGAN corporation," such that Michigan is a "dead corporation" which is "unable to bring legal claims." (Doc 1 at ID 11). Daniel Payne also states that "only trustees for the bankruptcy can legally bring the claims and represent any of the dead corporations, including the STATE OF MICHIGAN," and that the prosecutors and judges who claim to represent Michigan are merely impersonating "one of the few trustees living on the lands of Michigan." (Id.). Finally, Daniel Payne makes reference to arrest warrants issued by the "international common law court Global Isles Court of Record." (Id. at ID 12).
The Court notes that Plaintiff's legal theories regarding why he is not bound by state law appear to grow out of the "sovereign citizen" movement, which courts around the nation have repeatedly and completely rejected. In United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir. 1990), the Seventh Circuit described a plaintiff's argument that he was a "sovereign citizen" thus not subject to federal law as having "no conceivable validity in American law." In United States v. Hilgeford, 7 F.3d 1340, 1342 (7th Cir. 1993) the Seventh Circuit Court of Appeals found similar arguments to be "completely without merit" and "patently frivolous." Plaintiff's argument here differs in that he is not seeking to free himself from federal jurisdiction, but rather apparently believes that he is not subject to any criminal laws whatsoever because of a distinction between the fictional, corporate entity DESTRY JAMES PAYNE and the human, Destry James Payne. However, this distinction is nonsensical and false. The "Court of Record" document produced by the unknown "Global Isles Court of Record" delves far deeper into the theory surrounding this mythological, fictionalized legal history. (Id. at 16-29). That document, which references the Bible, September 11 conspiracies, British royalty, soccer match fixing, hadron colliders, admiralty law, and the "Debt Jubilee," which allegedly freed all Americans from the obligations imposed by debt. (Id.). Deconstructing these statements and Plaintiff's references to them would be no more fruitful than debating the number of angels that can dance on the head of a pin. It suffices to say that no federal court has ever found any validity in the myriad of assertions that may be classified under the heading "sovereign citizen," and that Plaintiff has failed to provide citation to any court decision, state or federal, which supports his assertions.
Plaintiff's claim that he is not subject to the laws of the state of Michigan because of some distinction between corporate personhood and actual personhood is totally spurious, unfounded, and frivolous. As discussed below, it would be sufficient to conclude that Plaintiff's allegations are utterly frivolous and end the inquiry here. However, the Court makes a few fairly obvious observations for the sake of clarity and finality. First, there is no legal distinction between a capitalized and uncapitalized name in criminal matters. See, e.g., United States v. McAtee, No. 5:13-CR-17, 2013 WL 3364452, at *4 (N.D. W. Va. July 3, 2013) ("This filing alleges that Defendant is not the person named in the criminal charges because the name on the charging documents is in all capital letters . . . . This argument lacks any basis in the law, and in the Court's eyes is utter nonsense."); U.S. Hoodenpyle, No. 09-CR-00013-MSK, 2009 WL 1883919, at *1 (D. Colo. June 30, 2009) ("The Defendant is subject to the jurisdiction of this Court regardless of how his name is capitalized in any document."). Second, neither the state of Michigan nor the United States of America is a "corporation" in a business sense. See United States v. Provost, No. 1:11-CV-2080 LJO DLB, 2012 WL 1158801, at *3 (E.D. Cal. Apr. 6, 2012) ("[T]he United States, as sovereign, is not a corporation, and it may sue in federal court."); State of Mich. v. United States, 40 F.3d 817, 831 (6th Cir. 1994) ("the IRS has acknowledged that states are not corporations, associations, trusts or individuals") (quotations omitted). On the contrary, the United States of America is a nation and Michigan is a state within that nation; neither entity has ever declared bankruptcy. Third, courts of law operate on the basis of statute and case law; there are not magic words like "free man on the land," "stand under," or "[flesh and blood]" which, when invoked, require courts to abandon state and federal law in favor of the magical, unsourced laws asserted by sovereign citizens. Plaintiff's complaint does not fail because he has uttered the wrong incantation, but rather because his claims have no basis in law or fact. Fourth, a person may generally not copyright or trademark their own name. See 37 C.F.R. § 202.1(a) (2013); Turner v. Peterson, No. C 12-0887 JSW (PR), 2012 WL 2792416, at *1 (N.D. Cal. July 9, 2012) (holding that a "[pro se prisoner plaintiff] cannot trademark or obtain copyright protection for his own name.") (citations omitted). In any case, the existence of a trademark would not prevent a court from exercising jurisdiction over a civil or criminal matter.
The Fourteenth Amendment provides that "[a]ll persons born and naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Plaintiff's complaint suggests that he has resided in Michigan for some time. Furthermore, Plaintiff appears to have committed violations of Michigan law within the territory of Michigan, and was thus subject to the laws of Michigan. See Thompson v. Kelly, No. 2:10-CV-564, 2010 WL 2730887, at *2 (S.D. Ohio July 9, 2010) ("[A] person who moves from one state to another becomes subject to the laws of his new state."). Plaintiff is and was thus subject to both the laws of Michigan and of the United States of America. His claim that he was wronged by the state of Michigan when it exercised its powers to enforce its criminal laws upon him thus does not create a cause of action.
All of Plaintiff's civil rights claims are premised on his sovereign citizen beliefs. He does not allege any facts suggesting that he was denied due process or any other right guaranteed by the laws or constitutions of Michigan or the United States of America. Complaints premised solely on sovereign citizen arguments have "been uniformly rejected by the federal courts." Smith v. Heyns, No. 13-14013, 2014 WL 3687119, at *1 (E.D. Mich. July 24, 2014). Furthermore, these arguments have been "recognized as frivolous and a waste of court resources." Muhammad v. Smith, No. 3:13-CV-760 MAD/DEP, 2014 WL 3670609, at *2 (N.D.N.Y. July 23, 2014); see also United States v. Mundt, 29 F.3d 233, 237 (6th Cir. 1994) (rejecting an argument similar to that made by sovereign citizens as being "without merit and patently frivolous."). One court in this circuit found that a sovereign citizen's complaint was "patently frivolous" because the issuance of Plaintiff's birth certificate did not create a fictitious legal entity simply by capitalizing Plaintiff's name, and it certainly did not turn such artificial person into an enemy of the state under the Emergency Banking Relief Act of 1933 or the Trading With the Enemy Act of 1917. . . . The courts repeatedly have rejected such 'redemptionist and sovereign citizen' arguments as utterly frivolous.
Mallory v. Obama, No. 1:15-CV-1090, 2015 WL 7722034, at *2 (W.D. Mich. Nov. 30, 2015). Claims premised on sovereign citizen theories may be dismissed without "extended argument," United States v. Ward, 182 F.3d 930, 1999 WL 369812, at *2 (9th Cir.1999) (table); see also United States v. McQuarters, No. 11-MC-51386, 2013 WL 6095514, at *2 (E.D. Mich. Nov. 20, 2013) (holding that a sovereign citizen arguments are "frivolous, implausible, attenuated, unsubstantial" and "bizarre, conspiracy-oriented theories that . . . do[] not merit extensive discussion."). A case is frivolous if it lacks arguable basis in either law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989).
Because Plaintiff's arguments are premised on sovereign citizen beliefs, there is no arguable basis for his claims, and his case is frivolous. Plaintiff's complaint should thus be dismissed pursuant to the screening procedures established by 28 U.S.C. § 1915A(a)-(c). Since the Court recommends that Plaintiff's complaint be dismissed for frivolousness, it is unnecessary to examine in detail the other reasons, such as the Rooker-Feldman doctrine, abstention or immunity, for which the complaint should also be dismissed.
D. Conclusion
For the reasons set forth above, I recommend that Plaintiff's complaint be DISMISSED WITH PREJUDICE against Defendants Dawn Kilda, Kurt Asbury, Daniel Gillman, John Doe, and Jane Doe.
III. REVIEW
Rule 72(b)(2) of the Federal Rules of Civil Procedure states that "[w]ithin 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. A party may respond to another party's objections within 14 days after being served with a copy." Fed. R. Civ. P. 72(b)(2); see also 28 U.S.C. § 636(b)(1). Failure to file specific objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140, 155; Howard v. Sec'y of Health & Human Servs., 932 F.2d 505, 508 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981). The parties are advised that making some objections, but failing to raise others, will not preserve all the objections a party may have to this Report and Recommendation. Willis v. Sec'y of Health & Human Servs., 931 F.2d 390, 401 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). According to E.D. Mich. LR 72.1(d)(2), a copy of any objections is to be served upon this magistrate judge.
Any objections must be labeled as "Objection No. 1," "Objection No. 2," etc. Any objection must recite precisely the provision of this Report and Recommendation to which it pertains. Not later than 14 days after service of an objection, the opposing party may file a concise response proportionate to the objections in length and complexity. Fed. R. Civ. P. 72(b)(2); E.D. Mich. LR 72.1(d). The response must specifically address each issue raised in the objections, in the same order, and labeled as "Response to Objection No. 1," "Response to Objection No. 2," etc. If the Court determines that any objections are without merit, it may rule without awaiting the response. Date: January 6, 2016
S/ PATRICIA T. MORRIS
Patricia T. Morris
United States Magistrate Judge
CERTIFICATION
I hereby certify that the foregoing document was electronically filed this date through the Court's CM/ECF system which delivers a copy to all counsel of record. Date: January 6, 2016
By s/Kristen Krawczyk
Case Manager
MAGISTRATE JUDGE PATRICIA T. MORRIS
DISTRICT JUDGE THOMAS L. LUDINGTON
MAGISTRATE JUDGE PATRICIA T. MORRIS
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION TO DISMISS PURSUANT TO 28 U.S.C. § 1915A
I. RECOMMENDATION
For the following reasons, IT IS RECOMMENDED that the case be sua sponte DISMISSED WITH PREJUDICE against Defendants Dawn Kilda, Kurt Asbury, Daniel Gillman, John Doe, and Jane Doe because Plaintiff has failed to state a claim upon which relief can be granted.
A complaint drafted by a prisoner which is frivolous and fails to state a claim for relief is "amenable to dismissal with prejudice." Helwig v. Raycroft, 211 F.3d 1269 (6th Cir. 2000).
The Court recommends that this case be dismissed as to all Defendants, and lists the names of Defendants here for the sake of clarity.
II. REPORT
A. Introduction
On May 19, 2015, Plaintiff Destry James Payne filed the instant pro se complaint, alleging that Defendants violated his constitutional rights in a variety of ways, mainly relating to his alleged imprisonment following prosecution by county authorities in Bay County, Michigan. (Doc. 1). On December 8, 2015, U.S. District Judge Thomas Ludington ordered that service be directed to all defendants, and referred this matter to the undersigned magistrate judge for consideration of all pretrial matters. (Doc. 5). Plaintiff's complaint was evidently filed on his behalf by his brother, Daniel Payne, who attached to the complaint an "affidavit of truth," including a "character assessment," "situation assessment," and information relating to the instant complaint, which Daniel characterizes as an "amicus curiae letter." (Doc. 1 at PGID 4-9). Also attached is an "amicus curiae open letter" sent by Daniel Payne to the judges of the 74 District Court for the State of Michigan in Bay City, Michigan. (Id. at PGID 10-13). Additionally, Plaintiff attaches a document from the "Global Isles Court of Record" which purports to demonstrate, inter alia, that federal and state courts lack jurisdiction in criminal and civil matters. (Id. at 14-29). Plaintiff's remaining attachments are generally composed of affidavits of service and a civil cover sheet, in which he asserts that his claim involves civil rights questions which implicate federal question jurisdiction. (Id. at 30-41).
Daniel Payne is neither a plaintiff in this matter, nor is he counsel for Plaintiff. Consequently, it is unclear whether Daniel Payne's statements in his "amicus curiae" letter are attributable to Plaintiff. Because the Court finds that Plaintiff's complaint is fatally deficient when considered on its own or in conjunction with Daniel Payne's attached letter, this distinction is ultimately irrelevant.
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B. Screening Procedure and Standards
On the face of his complaint, Plaintiff appears to be incarcerated in a Michigan jail or prison. Daniel Payne asserts in his "situation assessment" that Plaintiff "has been kept in jail," and has suffered financial and emotional harm as the result of being incarcerated. (Doc. 1 at ID 5). In addition, an offender search conducted on https://vinelink.com confirmed that Destry James Payne is currently incarcerated in the Bay County, Michigan jail. Daniel Payne also asserts that Plaintiff has been subjected to "poor quality water and food provided to him by [the] BAY COUNTY LAW ENFORCEMENT CENTER." (Id. at ID 6). In the "Request for relief from damages" section of his letter, Daniel Payne asks that Plaintiff be granted "immediate release . . . on his own recognizance." (Id. at ID 9). Plaintiff states in the complaint that he was "false arrested criminally detained under bogus charges kidnapped and unlawfully detained." (Id. at ID 1). Plaintiff thus appears to meet the definition of a "prisoner" under 28 U.S.C. § 1915A(c), which states that a "prisoner" is "any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program." While Plaintiff's complaint makes few specific allegations against Defendants, it appears that those persons are employed as judges, prosecutors, or other employees of Bay County or the State of Michigan. (Id. at ID 1-9).
28 U.S.C. § 1915A provides courts "shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity," and shall "dismiss the complaint if the complaint is . . . frivolous, malicious, or fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant who is immune from such relief." 28 U.S.C. § 1915A(a)-(b)(2). The Court is thus required to dismiss sua sponte (i.e. "screen") a complaint filed by a prisoner which meets the conditions stated above. Because Plaintiff's complaint falls within the province of 28 U.S.C. § 1915A, the Court will now examine whether his complaint is frivolous, malicious, fails to state a claim, or seeks monetary relief from an immune defendant.
C. Analysis
The crux of Plaintiff's claim is that he has been unlawfully prosecuted by state authorities who do not possess jurisdiction or power over him; Plaintiff asserts that his "name is pattent [sic] protected," which "requir[es] actual permission to use that name especially in any form of commerce under federal copyright law," and that he did not give "permission to use [his] trademark name." (Doc. 1 at ID 1). Plaintiff also moves for removal of his criminal case to federal court because of "diversity of citizenship." (Id. at ID 2). Plaintiff also makes brief reference to an "official registry in Belize," where his "registered trade mark" or "trade name" is apparently located. (Id. at ID 3). Regarding the substantive rights at issue, Plaintiff references his "basic constitutional rights," judicial disqualification under Michigan Court Rule 2.003(A)(1), along with violation of "Title 42 U.S. Code Sections 1983, 1984, 1985, and 1986 a 10 year felony for sure." (Id. at ID 3).
Daniel Payne further expands these themes in his "amicus curiae" letter to the Court, stating that Plaintiff is a "[flesh and blood] man" and that Defendants erroneously sought to "equate the corporate person DESTRY JAMES PAYNE with the natural person to whom I am brother," and that Defendants "forced [Plaintiff] to stand before the court and answer to verbal statements in which wrongs, including the distinction between the corporate person and natural person can be hidden in written records of the proceedings." (Doc. 1 at ID 5). Daniel Payne elsewhere states that "defendant DESTRY JAMES PAYNE is a corporate person, aka a legal fiction, aka a bank account, aka an account created by and maintained by the UNITED STATES OF AMERICA CORPORATION, as well as the fact that the corporate person DESTRY JAMES PAYNE is legally distinct and separate from its intended beneficiary." (Id. at ID . Daniel Payne also asserts that this "distinction has been argued numerous times and upheld in the U.S. Supreme Court," though he does not provide citations to any such opinions. (Id.). He further asserts that, as a natural person, Plaintiff "does not stand under the court's jurisdiction in the proceedings and the court must redirect its proceedings away from the natural person and toward the legally separate and distinct corporate person DESTRY JAMES PAYNE." (Id.). In his "request for relief from damages," Daniel Payne asks that the Court remove Plaintiff's criminal case to federal court, dismiss that case "for lack of cause, as well as lack of any United States Trustee representing the plaintiff," order the immediate release of Plaintiff, and investigate Plaintiff's criminal case. (Id. at ID 9). Daniel Payne signs his letter "Dan Payne Living [flesh and blood] man On the lands of Michigan All Rights Reserved." (Id.).
In the attached letter to Bay County judges, Daniel Payne makes reference to the "1933 bankruptcy proceedings of the United States of America corporation" which required "all of its licensed franchises, subsidiaries and agents . . . to file likewise, including the STATE OF MICHIGAN corporation," such that Michigan is a "dead corporation" which is "unable to bring legal claims." (Doc 1 at ID 11). Daniel Payne also states that "only trustees for the bankruptcy can legally bring the claims and represent any of the dead corporations, including the STATE OF MICHIGAN," and that the prosecutors and judges who claim to represent Michigan are merely impersonating "one of the few trustees living on the lands of Michigan." (Id.). Finally, Daniel Payne makes reference to arrest warrants issued by the "international common law court Global Isles Court of Record." (Id. at ID 12).
The Court notes that Plaintiff's legal theories regarding why he is not bound by state law appear to grow out of the "sovereign citizen" movement, which courts around the nation have repeatedly and completely rejected. In United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir. 1990), the Seventh Circuit described a plaintiff's argument that he was a "sovereign citizen" thus not subject to federal law as having "no conceivable validity in American law." In United States v. Hilgeford, 7 F.3d 1340, 1342 (7th Cir. 1993) the Seventh Circuit Court of Appeals found similar arguments to be "completely without merit" and "patently frivolous." Plaintiff's argument here differs in that he is not seeking to free himself from federal jurisdiction, but rather apparently believes that he is not subject to any criminal laws whatsoever because of a distinction between the fictional, corporate entity DESTRY JAMES PAYNE and the human, Destry James Payne. However, this distinction is nonsensical and false. The "Court of Record" document produced by the unknown "Global Isles Court of Record" delves far deeper into the theory surrounding this mythological, fictionalized legal history. (Id. at 16-29). That document, which references the Bible, September 11 conspiracies, British royalty, soccer match fixing, hadron colliders, admiralty law, and the "Debt Jubilee," which allegedly freed all Americans from the obligations imposed by debt. (Id.). Deconstructing these statements and Plaintiff's references to them would be no more fruitful than debating the number of angels that can dance on the head of a pin. It suffices to say that no federal court has ever found any validity in the myriad of assertions that may be classified under the heading "sovereign citizen," and that Plaintiff has failed to provide citation to any court decision, state or federal, which supports his assertions.
Plaintiff's claim that he is not subject to the laws of the state of Michigan because of some distinction between corporate personhood and actual personhood is totally spurious, unfounded, and frivolous. As discussed below, it would be sufficient to conclude that Plaintiff's allegations are utterly frivolous and end the inquiry here. However, the Court makes a few fairly obvious observations for the sake of clarity and finality. First, there is no legal distinction between a capitalized and uncapitalized name in criminal matters. See, e.g., United States v. McAtee, No. 5:13-CR-17, 2013 WL 3364452, at *4 (N.D. W. Va. July 3, 2013) ("This filing alleges that Defendant is not the person named in the criminal charges because the name on the charging documents is in all capital letters . . . . This argument lacks any basis in the law, and in the Court's eyes is utter nonsense."); U.S. Hoodenpyle, No. 09-CR-00013-MSK, 2009 WL 1883919, at *1 (D. Colo. June 30, 2009) ("The Defendant is subject to the jurisdiction of this Court regardless of how his name is capitalized in any document."). Second, neither the state of Michigan nor the United States of America is a "corporation" in a business sense. See United States v. Provost, No. 1:11-CV-2080 LJO DLB, 2012 WL 1158801, at *3 (E.D. Cal. Apr. 6, 2012) ("[T]he United States, as sovereign, is not a corporation, and it may sue in federal court."); State of Mich. v. United States, 40 F.3d 817, 831 (6th Cir. 1994) ("the IRS has acknowledged that states are not corporations, associations, trusts or individuals") (quotations omitted). On the contrary, the United States of America is a nation and Michigan is a state within that nation; neither entity has ever declared bankruptcy. Third, courts of law operate on the basis of statute and case law; there are not magic words like "free man on the land," "stand under," or "[flesh and blood]" which, when invoked, require courts to abandon state and federal law in favor of the magical, unsourced laws asserted by sovereign citizens. Plaintiff's complaint does not fail because he has uttered the wrong incantation, but rather because his claims have no basis in law or fact. Fourth, a person may generally not copyright or trademark their own name. See 37 C.F.R. § 202.1(a) (2013); Turner v. Peterson, No. C 12-0887 JSW (PR), 2012 WL 2792416, at *1 (N.D. Cal. July 9, 2012) (holding that a "[pro se prisoner plaintiff] cannot trademark or obtain copyright protection for his own name.") (citations omitted). In any case, the existence of a trademark would not prevent a court from exercising jurisdiction over a civil or criminal matter.
The Fourteenth Amendment provides that "[a]ll persons born and naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Plaintiff's complaint suggests that he has resided in Michigan for some time. Furthermore, Plaintiff appears to have committed violations of Michigan law within the territory of Michigan, and was thus subject to the laws of Michigan. See Thompson v. Kelly, No. 2:10-CV-564, 2010 WL 2730887, at *2 (S.D. Ohio July 9, 2010) ("[A] person who moves from one state to another becomes subject to the laws of his new state."). Plaintiff is and was thus subject to both the laws of Michigan and of the United States of America. His claim that he was wronged by the state of Michigan when it exercised its powers to enforce its criminal laws upon him thus does not create a cause of action.
All of Plaintiff's civil rights claims are premised on his sovereign citizen beliefs. He does not allege any facts suggesting that he was denied due process or any other right guaranteed by the laws or constitutions of Michigan or the United States of America. Complaints premised solely on sovereign citizen arguments have "been uniformly rejected by the federal courts." Smith v. Heyns, No. 13-14013, 2014 WL 3687119, at *1 (E.D. Mich. July 24, 2014). Furthermore, these arguments have been "recognized as frivolous and a waste of court resources." Muhammad v. Smith, No. 3:13-CV-760 MAD/DEP, 2014 WL 3670609, at *2 (N.D.N.Y. July 23, 2014); see also United States v. Mundt, 29 F.3d 233, 237 (6th Cir. 1994) (rejecting an argument similar to that made by sovereign citizens as being "without merit and patently frivolous."). One court in this circuit found that a sovereign citizen's complaint was "patently frivolous" because the issuance of Plaintiff's birth certificate did not create a fictitious legal entity simply by capitalizing Plaintiff's name, and it certainly did not turn such artificial person into an enemy of the state under the Emergency Banking Relief Act of 1933 or the Trading With the Enemy Act of 1917. . . . The courts repeatedly have rejected such 'redemptionist and sovereign citizen' arguments as utterly frivolous.
Mallory v. Obama, No. 1:15-CV-1090, 2015 WL 7722034, at *2 (W.D. Mich. Nov. 30, 2015). Claims premised on sovereign citizen theories may be dismissed without "extended argument," United States v. Ward, 182 F.3d 930, 1999 WL 369812, at *2 (9th Cir.1999) (table); see also United States v. McQuarters, No. 11-MC-51386, 2013 WL 6095514, at *2 (E.D. Mich. Nov. 20, 2013) (holding that a sovereign citizen arguments are "frivolous, implausible, attenuated, unsubstantial" and "bizarre, conspiracy-oriented theories that . . . do[] not merit extensive discussion."). A case is frivolous if it lacks arguable basis in either law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989).
Because Plaintiff's arguments are premised on sovereign citizen beliefs, there is no arguable basis for his claims, and his case is frivolous. Plaintiff's complaint should thus be dismissed pursuant to the screening procedures established by 28 U.S.C. § 1915A(a)-(c). Since the Court recommends that Plaintiff's complaint be dismissed for frivolousness, it is unnecessary to examine in detail the other reasons, such as the Rooker-Feldman doctrine, abstention or immunity, for which the complaint should also be dismissed.
D. Conclusion
For the reasons set forth above, I recommend that Plaintiff's complaint be DISMISSED WITH PREJUDICE against Defendants Dawn Kilda, Kurt Asbury, Daniel Gillman, John Doe, and Jane Doe.
III. REVIEW
Rule 72(b)(2) of the Federal Rules of Civil Procedure states that "[w]ithin 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. A party may respond to another party's objections within 14 days after being served with a copy." Fed. R. Civ. P. 72(b)(2); see also 28 U.S.C. § 636(b)(1). Failure to file specific objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140, 155; Howard v. Sec'y of Health & Human Servs., 932 F.2d 505, 508 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981). The parties are advised that making some objections, but failing to raise others, will not preserve all the objections a party may have to this Report and Recommendation. Willis v. Sec'y of Health & Human Servs., 931 F.2d 390, 401 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). According to E.D. Mich. LR 72.1(d)(2), a copy of any objections is to be served upon this magistrate judge.
Any objections must be labeled as "Objection No. 1," "Objection No. 2," etc. Any objection must recite precisely the provision of this Report and Recommendation to which it pertains. Not later than 14 days after service of an objection, the opposing party may file a concise response proportionate to the objections in length and complexity. Fed. R. Civ. P. 72(b)(2); E.D. Mich. LR 72.1(d). The response must specifically address each issue raised in the objections, in the same order, and labeled as "Response to Objection No. 1," "Response to Objection No. 2," etc. If the Court determines that any objections are without merit, it may rule without awaiting the response. Date: January 6, 2016
S/ PATRICIA T. MORRIS
Patricia T. Morris
United States Magistrate Judge
CERTIFICATION
I hereby certify that the foregoing document was electronically filed this date through the Court's CM/ECF system which delivers a copy to all counsel of record. Date: January 6, 2016
By s/Kristen Krawczyk
Case Manager
"Follow the Money"
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Re: NESARA News
Friday, March 2, 2018
Donald Trump is missing the biggest problem
In regards to arresting and/or deporting illegals I think Donald Trump made a mistake. The MS-13 gang is not the worst of the illegals that need to go! It is the B.A.R. card holding lawyers and attorneys that do the most damage to America and not one of them has a green card! I would rather see MS-13 gangs dealt with after the B.A.R. card holders are removed first!
~Freewill
Posted by Freewill at 6:42:00 PM
1 comment:
Anonymous March 2, 2018 at 7:49 PM
Lawyers and or attorneys are the scum of the earth. I just dealt with one who screwed me over so bad I will never recoup my assets that I worked my entire life for. They need to be rounded up and have there assets confiscated and then sent back home to England to never return to the Republic.
Donald Trump is missing the biggest problem
In regards to arresting and/or deporting illegals I think Donald Trump made a mistake. The MS-13 gang is not the worst of the illegals that need to go! It is the B.A.R. card holding lawyers and attorneys that do the most damage to America and not one of them has a green card! I would rather see MS-13 gangs dealt with after the B.A.R. card holders are removed first!
~Freewill
Posted by Freewill at 6:42:00 PM
1 comment:
Anonymous March 2, 2018 at 7:49 PM
Lawyers and or attorneys are the scum of the earth. I just dealt with one who screwed me over so bad I will never recoup my assets that I worked my entire life for. They need to be rounded up and have there assets confiscated and then sent back home to England to never return to the Republic.
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Re: NESARA News
The new header at NESARA News
Spirit cooking?
Spirit cooking?
Pretty strange stuff, but QAnon has gotten even stranger recently.InfoWars host Alex Jones revealed that Hillary Clinton is not simply an especially craven member of the Illuminati, but rather, a literal demon birthed in the bowels of hell.
“She is an abject, psychopathic, demon from hell that as soon as she gets into power is going to try to destroy the planet,” Jones explained. “I mean, I was told by people around her that they think she’s demon-possessed, okay … They say, listen, Obama and Hillary both smell like sulfur … And they say listen, she’s a frickin’ demon and she stinks and so does Obama. I go, like what? Sulfur. They smell like hell.”
...
According to InfoWars, “Spirit Cooking,” refers to “a sacrament in the religion of Thelema,” which was founded by alleged “satanist Aleister Crowley.”
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Re: NESARA News
From the online magazine Artsy. An interesting non-political view of getting caught up in one of these conspiracy theories, which also by chance explains more of the "Spirit Cooking" thing.
https://www.artsy.net/article/artsy-edi ... -pizzagate
The Story behind the Marina Abramović Performance That Contributed to Pizzagate
By Alexxa Gotthardt
Dec 22, 2016 5:41 pm
It’s not often that an artwork results in crazed political conspiracy theories that spread like wildfire across D.C. gossip networks and newspaper headlines. But that’s exactly what happened last month, when Wikileaks released an email sent by performance art star Marina Abramović to liberal lobbyist Tony Podesta—brother of Clinton campaign chairman John Podesta.
The email, which referenced Abramović’s 1996 performance piece Spirit Cooking, set off a false conspiracy theory concocted by the alt-right. It grossly misrepresented the email, distorted Abramović’s work, and drew the unsupported conclusion that Abramović, the brothers Podesta, and even Hillary Clinton were in cahoots as Satan-worshipping occultists. The initial craze over Abramović contributed to, and emerged from the same emails leak as, the larger conspiracy known as Pizzagate.
So how were Abramović and her work brought into this fake-news, election-cycle quagmire? And what about Spirit Cooking provoked alt-right outlets, such as InfoWars and Drudge Report, to post headlines like: “Spirit Cooking: Clinton Campaign Manager Practices Bizarre Occult Ritual” and “Wiki Wiccan: Podesta Practices Occult Magic”?
To get to the bottom of it, the leaked email from Abramović to Podesta is a good place to start. Sent on June, 28, 2015, it read:
Dear Tony,
I’m so looking forward to the Spirit Cooking dinner at my place. Do you think you would be able to let me know if your brother’s joining?
All my love, Marina
First of all, Tony Podesta is not only a D.C. liberal politico but also an avid art collector and longtime supporter of Abramović’s work. The Spirit Cooking dinner to which the artist was referring was in fact a prize given to six high-level supporters of her 2013 Kickstarter campaign, raising funds to support a new performance art institute she was building in upstate New York. On the Marina Abramović Institute Kickstarter page, the thank you gift for a $10,000 donation was billed as “A dinner night with Marina during which she will teach you and other backers at this level how to cook a series of traditional soups. The night will end with the making of a golden ball, a recipe given to Marina in a Tibetan monastery.”
It seems innocent enough: a dinner prepared by a controversial but influential artist whose work has been honored by prominent institutions the world over with large-scale exhibitions, honorary degrees, and more. (Her 2010 mid-career retrospective at MoMA, “The Artist is Present,” was one of the most popular shows the museum has ever mounted.) But members of the alt-right community decided to focus on selective facts about the performance, and in turn make massive “logical” (if that word even applies) jumps.
The ensuing bogus conclusions were inspired in large part by fairly buried documentation of a previously rather unknown 1996 Abramović performance and book of the same name. Unknown, not because Abramović had anything to hide, but because, in the grand scheme of her daring oeuvre, it wasn’t the strongest or by any means the most shocking piece she created. In it, a bespectacled, calm Abramović wrote absurdist phrases that resemble discombobulated, dark self-help mantras on the walls of an entire gallery in pigs blood. Several of the phrases read:
“Fresh morning urine. Sprinkle over nightmare dreams.”
“With a sharp knife, cut deeply into the middle finger of your left hand. Eat the pain.”
“Mix fresh breast milk with fresh sperm milk. Drink on earthquake nights.”
“Sitting on a copper chair. Comb your hair with a clear quartz crystal brush, until your memory is released.”
Yes, the phrases resemble incantations or recipes for storybook potions. And true, they make little sense. But that’s precisely Abramović’s point. Across her career, she’s tapped into and simultaneously questioned the influence of ritual and religion, highlighting both their potency and, occasionally, their absurdity. Spirit Cooking isn’t a ritual meant to conjure spirits or worship devils—it’s a comment on humanity’s reliance on ritual to organize and legitimize our lives and contain our bodies. According to Abramović, as she stated in a recent talk at London’s Royal Festival Hall, it’s poetry.
But members of the alt-right community clearly didn’t care about the work itself. They wanted to read the comment on ritual as an earnest attempt to make dark magic. Then, because Tony Podesta forwarded Abramović’s email to his brother John, one of the most powerful liberal voices in Washington and Clinton’s right-hand, suddenly the whole lot—thanks to fake news proliferation across Facebook and Reddit—were being called out as occultists.
This bolstered other conspiracy theories incited by the John Podesta email leak—namely, Pizzagate, the twisted and false idea that Clinton, Podesta, and other D.C. residents, like restaurateur James Alefantis, were involved in a child pornography ring run out of Alefantis’s pizza joint and music venue, Comet Ping Pong. (The reasoning behind that similarly bogus accusation, which led to a shooting at Comet Ping Pong earlier this month, has been analyzed in depth here.) It is impossible to know if Pizzagate would have been created without right-wing blogs pushing the satanic Spirit Cooking lie. But it stands to reason that a climate of conspiracy fostered by the misinformation about Spirit Cooking exacerbated and fueled Pizzagate.
Art can be and often is—at its best—powerful and political. It comments on our time and spotlights social and cultural realities so that we can look at them from new perspectives. But the total and wilful misinterpretation of Abramović’s email and her 1996 performance Spirit Cooking in order to tar political opponents doesn’t do any service to art, even if it is making headlines. In fact, it undermines and antagonizes exactly what Abramović’s work, and that of many artists who came before her, is trying to accomplish: Open minds and inspire productive conversation—the opposite of spreading incriminating rumors and lies.
https://www.artsy.net/article/artsy-edi ... -pizzagate
The Story behind the Marina Abramović Performance That Contributed to Pizzagate
By Alexxa Gotthardt
Dec 22, 2016 5:41 pm
It’s not often that an artwork results in crazed political conspiracy theories that spread like wildfire across D.C. gossip networks and newspaper headlines. But that’s exactly what happened last month, when Wikileaks released an email sent by performance art star Marina Abramović to liberal lobbyist Tony Podesta—brother of Clinton campaign chairman John Podesta.
The email, which referenced Abramović’s 1996 performance piece Spirit Cooking, set off a false conspiracy theory concocted by the alt-right. It grossly misrepresented the email, distorted Abramović’s work, and drew the unsupported conclusion that Abramović, the brothers Podesta, and even Hillary Clinton were in cahoots as Satan-worshipping occultists. The initial craze over Abramović contributed to, and emerged from the same emails leak as, the larger conspiracy known as Pizzagate.
So how were Abramović and her work brought into this fake-news, election-cycle quagmire? And what about Spirit Cooking provoked alt-right outlets, such as InfoWars and Drudge Report, to post headlines like: “Spirit Cooking: Clinton Campaign Manager Practices Bizarre Occult Ritual” and “Wiki Wiccan: Podesta Practices Occult Magic”?
To get to the bottom of it, the leaked email from Abramović to Podesta is a good place to start. Sent on June, 28, 2015, it read:
Dear Tony,
I’m so looking forward to the Spirit Cooking dinner at my place. Do you think you would be able to let me know if your brother’s joining?
All my love, Marina
First of all, Tony Podesta is not only a D.C. liberal politico but also an avid art collector and longtime supporter of Abramović’s work. The Spirit Cooking dinner to which the artist was referring was in fact a prize given to six high-level supporters of her 2013 Kickstarter campaign, raising funds to support a new performance art institute she was building in upstate New York. On the Marina Abramović Institute Kickstarter page, the thank you gift for a $10,000 donation was billed as “A dinner night with Marina during which she will teach you and other backers at this level how to cook a series of traditional soups. The night will end with the making of a golden ball, a recipe given to Marina in a Tibetan monastery.”
It seems innocent enough: a dinner prepared by a controversial but influential artist whose work has been honored by prominent institutions the world over with large-scale exhibitions, honorary degrees, and more. (Her 2010 mid-career retrospective at MoMA, “The Artist is Present,” was one of the most popular shows the museum has ever mounted.) But members of the alt-right community decided to focus on selective facts about the performance, and in turn make massive “logical” (if that word even applies) jumps.
The ensuing bogus conclusions were inspired in large part by fairly buried documentation of a previously rather unknown 1996 Abramović performance and book of the same name. Unknown, not because Abramović had anything to hide, but because, in the grand scheme of her daring oeuvre, it wasn’t the strongest or by any means the most shocking piece she created. In it, a bespectacled, calm Abramović wrote absurdist phrases that resemble discombobulated, dark self-help mantras on the walls of an entire gallery in pigs blood. Several of the phrases read:
“Fresh morning urine. Sprinkle over nightmare dreams.”
“With a sharp knife, cut deeply into the middle finger of your left hand. Eat the pain.”
“Mix fresh breast milk with fresh sperm milk. Drink on earthquake nights.”
“Sitting on a copper chair. Comb your hair with a clear quartz crystal brush, until your memory is released.”
Yes, the phrases resemble incantations or recipes for storybook potions. And true, they make little sense. But that’s precisely Abramović’s point. Across her career, she’s tapped into and simultaneously questioned the influence of ritual and religion, highlighting both their potency and, occasionally, their absurdity. Spirit Cooking isn’t a ritual meant to conjure spirits or worship devils—it’s a comment on humanity’s reliance on ritual to organize and legitimize our lives and contain our bodies. According to Abramović, as she stated in a recent talk at London’s Royal Festival Hall, it’s poetry.
But members of the alt-right community clearly didn’t care about the work itself. They wanted to read the comment on ritual as an earnest attempt to make dark magic. Then, because Tony Podesta forwarded Abramović’s email to his brother John, one of the most powerful liberal voices in Washington and Clinton’s right-hand, suddenly the whole lot—thanks to fake news proliferation across Facebook and Reddit—were being called out as occultists.
This bolstered other conspiracy theories incited by the John Podesta email leak—namely, Pizzagate, the twisted and false idea that Clinton, Podesta, and other D.C. residents, like restaurateur James Alefantis, were involved in a child pornography ring run out of Alefantis’s pizza joint and music venue, Comet Ping Pong. (The reasoning behind that similarly bogus accusation, which led to a shooting at Comet Ping Pong earlier this month, has been analyzed in depth here.) It is impossible to know if Pizzagate would have been created without right-wing blogs pushing the satanic Spirit Cooking lie. But it stands to reason that a climate of conspiracy fostered by the misinformation about Spirit Cooking exacerbated and fueled Pizzagate.
Art can be and often is—at its best—powerful and political. It comments on our time and spotlights social and cultural realities so that we can look at them from new perspectives. But the total and wilful misinterpretation of Abramović’s email and her 1996 performance Spirit Cooking in order to tar political opponents doesn’t do any service to art, even if it is making headlines. In fact, it undermines and antagonizes exactly what Abramović’s work, and that of many artists who came before her, is trying to accomplish: Open minds and inspire productive conversation—the opposite of spreading incriminating rumors and lies.
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Re: NESARA News
Marina Abramović
Selections from Spirit Cooking with Essential Aphrodisiac Recipes
pain in time of doubt
keep a small meteorite
stone
in your mouth
to be consumed on a
solar eclipse
take 13 leaves of uncut
green cabbage with
13,000 grams of jealousy
steam for a long time in a
deep iron pot
until all the water
evaporates
eat just before attack
fire food
on top of a volcano
open your mouth
wait until your tongue
becomes flame
close your mouth
take a deep breath
I don't know about you, but I've never seen any of these served at Black Masses or in the Illuminati Cafeteria (although they sound better than most of the @#$! they serve there; anyone who served a shepherd a pie like that would find themselves looking for a new sheep herder toot suite. You know, I just realized as head of The Council of The Twelve, I can keep the cafeteria from serving corned beef and cabbage this St. Patrick's Day. Ah, using power for my own selfish ends, how sweet it is.
Selections from Spirit Cooking with Essential Aphrodisiac Recipes
pain in time of doubt
keep a small meteorite
stone
in your mouth
to be consumed on a
solar eclipse
take 13 leaves of uncut
green cabbage with
13,000 grams of jealousy
steam for a long time in a
deep iron pot
until all the water
evaporates
eat just before attack
fire food
on top of a volcano
open your mouth
wait until your tongue
becomes flame
close your mouth
take a deep breath
I don't know about you, but I've never seen any of these served at Black Masses or in the Illuminati Cafeteria (although they sound better than most of the @#$! they serve there; anyone who served a shepherd a pie like that would find themselves looking for a new sheep herder toot suite. You know, I just realized as head of The Council of The Twelve, I can keep the cafeteria from serving corned beef and cabbage this St. Patrick's Day. Ah, using power for my own selfish ends, how sweet it is.
"Follow the Money"
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Re: NESARA News
Wednesday, April 4, 2018
Donation to assist in efforts to restore our republic
I hate to ask but money is too tight this month. I have not asked since January but I need to ask now. We have been moving forward with taking back our country. I try to cover what I can from my pocket and my job has been very slow. Work has just picked up a little but the pay is still short. Servers, bills, domains, security, etc... it all costs money. If anyone is willing to pitch in and assist, your donations will be greatly appreciated and are going to a worthy cause.
~Freewill
Posted by Freewill at 8:05:00 AM
According to John McHaffie's wife's filings during their divorce (2011?) his "website" was making $85k in income (donations? ads? makes me sick to think about). I figure that "Freewill" has to share some of that with Olive & Popeye, and of course John Jr. who inherited it, but this would be after expenses.
Donation to assist in efforts to restore our republic
I hate to ask but money is too tight this month. I have not asked since January but I need to ask now. We have been moving forward with taking back our country. I try to cover what I can from my pocket and my job has been very slow. Work has just picked up a little but the pay is still short. Servers, bills, domains, security, etc... it all costs money. If anyone is willing to pitch in and assist, your donations will be greatly appreciated and are going to a worthy cause.
~Freewill
Posted by Freewill at 8:05:00 AM
According to John McHaffie's wife's filings during their divorce (2011?) his "website" was making $85k in income (donations? ads? makes me sick to think about). I figure that "Freewill" has to share some of that with Olive & Popeye, and of course John Jr. who inherited it, but this would be after expenses.
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Re: NESARA News
Drugs aren't cheap you know!!!
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.