by Stephano » Fri Aug 14, 2015 3:27 pm
UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA(WASHINGTON, DC) DERIAN DOUGLAS HICKMAN Plaintiffs v. CIVIL DOCKET FOR CASE # 14-00295 BAH UNITED STATES DISTRICT COURT WASHINGTON, DC. FEDERAL ELECTION COMMISION REMOVED FROM THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CASE# 2014CA000235B INTERNAL REVENUE SERVICE Defendants PLANTIFFS OPPISITION TO MOTION TO DISMISS Defendants removed this action from superior court of the District of Columbia. Defendant federal election commission move to dismiss under rule 12(b)6 of the federal rules of civil Procedure,EFC 4. _____________________________________________________________________________________ The motion should be denied. Title 18, United States Code, Section 1001 makes it a crime to: 1) knowingly and willfully; 2) make any materially false, fictitious or fraudulent statement or representation; 3) in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States. Your lie does not even have to be made directly to an employee of the national government as long as it is "within the jurisdiction" of the ever expanding federal bureaucracy. Though the falsehood must be "material" this requirement is met if the statement has the "natural tendency to influence or [is] capable of influencing, the decision of the decision-making body to which it is addressed."United States v. Gaudin , 515 U.S. 506, 510(1995).(In other words, it is not necessary to show that your particular lie ever really influenced anyone.) Although you must know that your statement is false at the time you make it in order to be guilty of this crime, you do not have to know that lying to the government is a crime or even that the matter you are lying about is "within the jurisdiction" of a government agency. United States v. Yermian , 468 U.S. 63, 69(1984). For example, if you lie to your employer on your time and attendance records and, unbeknownst to you, he submits your records, along with those of other employees, to the federal government pursuant to some regulatory duty, you could be criminally liable. : _________________________________________________________________- DEFENDANTS CLAIM THAT THE CASES SHOULD BE DISMISSED SUE SPONTA ___________________________________________________________________ Sue- sponta dismissal is a violation of the 7th amendment a court dismissing a case in favor of one party or the other without a hearing, trial discovery if a jury is requested and case is granted. There is no equilivant in a criminal trial. A judge can?t find a person guilty based on the accusation in the complaint, A case can?t be ruled guilty based only on the plaintiff?s motion there is no(motion to find guilty) or without providing proof or proving your case. There has to be a defense even if it?s the 5th amendment and there was a request respectively for a 12 person jury. In a civil case the burden of proof is more likely than not not like a criminal trial where it?s beyond a reasonable doubt. 0If the respondent, or defendant, files a counterclaim, the respondent will have the burden of proving that claim. When a party has the burden of proof civil, the party must present, through testimony and exhibits, enough evidence to support the claim. USC 1915(a) Civil Rights Act of 1964 AND 18 U.S.C. § 242 allows for federal prosecution of local, state, or federal officials alleged to have violated the rights of others under the ?color of law,? very few cases have resulted in investigation and prosecution.[48] This is partly due to lack of resources and the evidentiary requirement where the accused officer?s specific intent to violate a federally protected right must be proven beyond a reasonable doubt.[49] _________________________________________________________________________ DEFENDANTS ALSO CLAIM THAT THERE WAS A PREVIOUS ENJOINMENT FROM FILING WITHOUT PRE PAYMENT OF FEE?S. _________________________________________________________________________ THE DEFENDANTS ARE ATTEMPTING TO USE THE PLANTIFF?S POVERY TO its ADVANTAGE. THE AMERICANS WITH DISABILITY ACT PROHIBITS DISCRIMINATION BASE ON A DISABILITY. IF A PERSON INCOME INCREASES(AS OF 2014 MY YEARLY INCOME AFTER CHILD SUPPORT DEDUCTIONS IS UNDER $6,000 A YEAR AFTER CHILD SUPPORT DEDUCTIONS. 2014 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA Persons in family/household Poverty guideline For families/households with more than 8 persons, add $4,060 for each additional person. 1 $11,670 2 15,730 3 19,790 4 23,850 5 27,910 6 31,970 7 36,030 8 40,090 http://aspe.hhs.gov/poverty/14poverty.cfm EXCLUDING MY EMPLOYMENT AS A INDEPENDENTLY CONTRACTED(VENDOR) WITH STREET SENSE NEWSPAPERS IN WASHINGTON DC), IF MY INCOME INCREASE?S I WOULD NO LONGER BE ELIGIBLE FOR INFORMA PATURIS(A GRANTING A A FEE WAIVER DUE TO POVERTY) OR DISABILITY BENEFITS INCLUDING HEALTH CARE, SO ANY DIAGNOSIS THAT MAY HAVE BEEN CONSIDERED BY THE DEFENDANTS OR THE COURTS; WOULD BE A THE DESCREATION OF THE HEALTH CARE PROVIDER AND THE HEATH CARE PROFESSIONAL NOT A GOVERNMENT AGENCY.THERE ARE CURRENTLY Table 1.Number of people receiving Social Security, Supplemental Security Income(SSI), or both, March 2014(in thousands) Type of beneficiary Total Social Security only SSI only Both Social Security and SSI All beneficiaries 63,520 55,132 5,583 2,805 Aged 65 or older 42,068 39,949 932 1,187 Disabled, under age 65 a 14,266 7,997 4,651 1,618 Other b 7,186 7,186 . . . . . . SOURCES: Social Security Administration, Master Beneficiary Record and Supplemental Security Record, 100 percent data. ABOUT 63 MILLION http://www.ssa.gov/policy/docs/quickfacts/stat_snapshot/ ATTEMTING TO CONVIENCE THE COURT TO VIOLATE MY 7TH AMENDMENT RIGHTS IS SOMETHING YOU WOULD NOT EXPECT FROM A AGENCY RESPONSIBLE FOR ARCHIVING INFORMATION INCLUDING THE FINANICL DISCLOSURE OF POLITICAL PARTIES CANADATE?S AND THE NEXT PRESIDENT OF THE UNITED STATES OS AMERICA. Plaintiff notes; that rule 4 APPEAL AS A MATTER OF RIGHT 3) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period ends later.(AS QUOTED FROM CORNELL LAW http://www.law.cornell.edu/rules/frap/rule_4 . I AM AWARE OF 18 USC 1623 PERJURY IN A JUDICAL CONTEX AND PERJURY GENERALLY ALSO 18 USC 1621 ALSO FALSE STATEMENTS 18 USC 1001 & SUBORNATION OF PERJURY 18 USC 1622. IN SURE THE DEFENDANTS ARE AWARE IF ONLY DUE TO PROPER SERVICE OF THIS MOTION OF; Title 13 us 38 and filing fee?s waived. Title 18, United States Code, Section 1001 makes it a crime to: 1) knowingly and willfully; 2) make any materially false, fictitious or fraudulent statement or representation; 3) in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States. Your lie does not even have to be made directly to an employee of the national government as long as it is "within the jurisdiction" of the ever expanding federal bureaucracy. Though the falsehood must be "material" this requirement is met if the statement has the "natural tendency to influence or [is] capable of influencing, the decision of the decision-making body to which it is addressed."United States v. Gaudin , 515 U.S. 506, 510(1995).(In other words, it is not necessary to show that your particular lie ever really influenced anyone.) Although you must know that your statement is false at the time you make it in order to be guilty of this crime, you do not have to know that lying to the government is a crime or even that the matter you are lying about is "within the jurisdiction" of a government agency. United States v. Yermian , 468 U.S. 63, 69(1984). For example, if you lie to your employer on your time and attendance records and, unbeknownst to you, he submits your records, along with those of other employees, to the federal government pursuant to some regulatory duty, you could be criminally liable.18 USC 15 19 ALTERING CONCEALS OR DESTROYING DOCUMENTS 18 USC 152(2) AND 18 USC 1510 ALSO USC 1512 167 _____________________________________________________________________________________-.PLANTIFF RESPECTLY SUBMIT?S MOTION IN OPPOSITION. THE MOTION TO DISMISS SHOULD NOT BE GRANTED.THERE SHOULD BE A STATUS CONFERENCE OR SUMMERY JUDGEMENT GRANTED. _____________________________________________________________________________________ PLANTIFF QUESTIONS WHETHER THERE WAS CONSENT FROM BOTH PARTIES AND ASK?S FOR FEDERAL RULE OR STATUE STATING THAT ONE DEFENDANT CAN REPRESENT BOTH DEFENDANTS WITHOUT CONSENT WITHOUT ASKING FOR A SEPARATE VENUE.(THE CIVIL CASE IS COMBINED TO PROVIDE CLARITY IN ESTABLISHING OWNERSHIP PATENTS TRADEARKS COPYRIGHTS AND PROPERTY TAXES PAID EMPLOYEE AND EMPLOYMENT VERFIABLE IN THE FINANICAL DISCLOSURE OR PREVIOUS TAX RETURNS. U.S. Supreme Court. Under the "rule of unanimity," there is no federal jurisdiction if at least one defendant officially and unambiguously refuses to consent to a removal petition within 30 days of service. Put differently, in a court applying the rule of unanimity, if one of 12 defendants refuses to consent to removal, all 12 defendants must remain in state court. Now, as a matter of statutory law, all defendants who have been properly joined and served must consent to removal. 28 U.S.C. § 1446(b)(2)(A). _________________________________________________________________________________ There was no consent from any attorney officially representing the internal revenue service. Federal Rules of Civil Procedure ? TITLE III. PLEADINGS AND MOTIONS ? Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions RULE 11. SIGNING PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO THE COURT; SANCTIONS(a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name?or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper?whether by signing, filing, submitting, or later advocating it?an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances HARRY J SUMMERS(NO BAR# INCLUDEDIN MOTION FOR REMOVAL FEB 242014) AND LISA STEVENSON(DC BAR. NO# 457628) attorney on record for federal election commission. The sue sponta dismissal should be denied and status hearing or summary judgment granted There was a request for a 12 person jury in the original complaint. In an attempt to avoid trial the defendant asks the court to dismiss similar to a person attempting to avoid jury duty excuses and excuses no civil trial please. Seems to be there case. No request for an investigation in to the claim, if untrue would be criminal. The complain comes with criminal allegations fraud. Altering or destroying government documents. . In particular, 18 U.S.C. § 1519 takes aim at individuals who obstruct justice by destroying or altering documents in an attempt to thwart criminal and other government investigations or inquiries. There is no record of a search conducted or the method used to search(micro film, computer, file cabinet, national archives, federal records center, national personal records center) or no mention of where the records may be stored or if it possible that there is a executive order or if they could be sealed documents; by anyone on behalf of the federal election commission or internal revenue serve for records requested listed in motion to dismiss. Press office informed me after my inquiry that not all cases are on the web page and that I would have to go to each court to find out how many people have sued the federal election im assuming same would apply for internal revenue service . unless there is a court order. or agency or company responsible to monitoring there activity 14-cv-00295 hickman vs. FEDERAL ELECTION COMMISSION AND INTERNAL REVENUE SERVICE NOT LISTED Related Items · Litigation Main Page Court Cases(91) · Ongoing Litigation Lists active litigation involving the FEC. Each case listed has a dedicated page including a case summary, as well as links to court opinions and related documents filed in the suit. · Selected Campaign Finance Court Cases Identifies key court cases relating to the campaign finance law. · Related Documents Provides access to documents pertaining to select cases. · http://www.fec.gov/law/litigationalpha.shtml#search=court 20 civil filings and several appeals in the federal district court and appeals court filings with the supreme court dc and superior court dc with the claim of being governor of Wyoming and Virginia and a president candidate with a independent political party, would have definite meet this standard yet no claim by either defendant of criminal intent just disbelief or using my poverty and living arrangements to their advantage. Not so unbelievable that after here for about 7 years filing in the supreme court dc , federal court dc , superior court dc ;note all previous cases filed in superior court dc are archives at the national archives. I can?t seem to get a response on record other than a request for the courts to keep them out of court or trial sue sponta. I even spoke with an attorney while spectating a hearing and asked who hired you to represent this company he said the judge(the company was not in bankruptcy). I was aware of receiverships and trusty appointments not by companies so large mostly my previous companies and trademarks listed in the complaint. Almost 1 million contractors worked for these companies. I received about 1-50 million votes with an independent political party freedom liberty and independence party. Most president elections I withdrew my nomination, my objective was to distribute my financial disclosure, and any helpful policies. All property I owned,houses,cars business?s Children, copyrights , patents, trademarks, buildings,land,revenue,banks, cows chickens hogs, farms, ect??. It was extremely important because my version of debit and credit was becoming more and more popular, and so was the internet. I did not want the population to become dependent on the products for their existence people begin to mate base on the products and services available on the land or sociably extinguishing genealogy?s(example they want marry outside their religion(business) or there does allow technology, or for looks or revenue(inventions).the objective was to swiftly acquire so I could retire. Not having to invent based on someone else intellect and excluding automation. Form governments were the progression of the arts and sciences was not stagnated and preserve my genealogy. Being able to build harrier jets, night hawks, and space craft that no other human has I believe it?s the right thing to do. You can?t get accolades for a contribution at a level of probably extending life of a population from about 50+ life expectancy middle age at 25 to about 80 year expectancy considering people accurately distribute information on when people expire. .I was elected governor Wyoming at about 15-16. I was getting my version of cattle ready for approvale, there are hundreds of possible breeds; beef is a trademark. when you use a plant or animal in commerce it give the appearance of extinction people breed for profit not capability and tend to neglect what?s not profitable or popular. The method used to preserve is to make it profitable to save the plant or animal from extention.if there are not many predators? plants and animals even people reproduce abundantly. Most people can?t really lose money in farming, most which do either overspend or farm the wrong item or don?t like farming. Remember at the patent level after discovery any one could make the same invention just can?t have the same design(can?t confuse the consumer that someone else invention is yours, and can?t have the same trademark.) can perform the same function. Same applies to a copyright considering you understand categories you can have the same plot as the books in the library of congress and as many of your personally copyrighted version can?t have sane name(trademark) can have same plot virtually same book rearranged = a new copyright. If you had 1 TV studio and you made 3 shows an hour in 7 hours you would have 21 shows 4 /5minute scene?s the rest commercials. You would have 21 shows an hour 10 days you would have 210. 10 studio?s same scenario you would have 2,100 /20 studios 4,200 shows in ten days...After the ability to send and receive radio or TV signals any one could have had a phone, internet, radio, or TV company.difficult in the beginning had to find poor conductors the speed of electricity(if you make a phone call 3000 miles away and it takes 3 seconds for the phone to ring your travling at 3,600,000an hour or 1000 miles a second ½ second for phone to ring 5,400,000 milies and hour is a planet was 100,000,000 miles away you would be there in about 19 hours too fast from your tv cord to the electric outlet .) Was very good at entertaining fact or fiction invented and wrote as a minor most lose creativity after the age of about 6 grade(or about 11). I also made sci-fi movies ;most are not going to have an idea that someone has not thought of after that age. The appearance of a surplus of intellect leads people to believe differently just remind yourself if people could invent anything they seen in most sci- if; there would be no patent office or participation. The intellect required to make complex electrical devices TV radio?s where note meant to be designed for those purposes those patents are intellectual servitudes(people just got a bonus). , Current Debt Held by the http://www.treasurydirect.gov/NP/debt/currentPublic Treasury promotes economic growth through policies to support job creation, investment, and economic stability. Treasury also oversees the production of coins and currency, the disbursement of payments to the public, revenue collection, and the funds to run the federal government. Intergovernmental Holdings Total Public Debt Outstanding 04/21/2014 17,521,417,830,074.79 over 17 trillion + dollars. http://www.federalreserve.gov/faqs/currency_12773.htm There was approximately $1.27 trillion in circulation as of April 9, 2014, of which $1.23 trillion was in Federal Reserve notes. = ABOUT 400 BILLION IN CASH AND COINS AND THE 1. 23 TRILLION IN NOTES A GOVERNMENT I.O.U OR PROMISE TO REDEM OR PAY UPON REQUEST. being able to communicate to National Olympic Committees(NOCs) coordinating their efforts. ... Out of a potential global television audience of 3.5 billion viewers, an unduplicated audience of more than 3.2 billion people watched the Olympic Games in 1996, and have 24 hour access to consumers has to have a greater purpose ;maybe if you accept commerce is profit or supply and demand not capability considering you have the materials, design and the Intel you could make as many of anything you wish 10 facility making 100 a day(built 100 space shuttles a day in less the 3 years he would have a million if each carried a 1000 people could evacuate 1 billion people. Or that commerce is what the inventor has for sale not what the person maybe capable of making.excluding electrical devices I provided some extremely convent convenience air conditioning, grocery stores, hospitals ect?? I was also in the shipping industry with Northrop and others and could travel too place that most at the time had never visited. Same with aircraft, very dangerous in the begin stages of my designs. Most would not know those places existed if it were not for national geographic, travel channel, smithsonion, or department of defense military purchases. Formed my own government several times with diplomacy agreement with the department of state. Military medals, I?m awaiting my military records. Also civil cases involving defense companies listed in previous complaints. They were concerned about me closing my defense company electric companys.and returning to my land now a restricted area. Giving the impression there had been a successful invasion there. Bureau of land management had land for about 1 to 5 dollars most were in a tax debt, not difficult to accept a restricted are for a person the was governor of the state the lands in ,and a billionaire the time. Treasury lists about 17 trillion in debt and about 1-2.5 trillion in circulation most reserve note a government IOU. My objective was a land extension. After 20 years retired from inventing there is no appearance of a surplus of intellect. Anyone can make a version of the same invention can?t be exactly the same design and have the same name(trademark or dba = doing business as) you have thousands of ideas based on the original discovery most or never successfully used in commerce or distributed to the consumer. Most inventions become professions if they are used in commerce(example an employment position).). When as invention is successfully used in commerce it creates teacher?s, lawyer?s, plumber?s, electrician?s, welder?s, computer tech?s, driver?s, telemarketer?s, reverend?s, attorney?s considering that sales and employment taxes pay for government salaries? they would create opportunity for communities to build courts hire judges , law enforcement, government buildings for government employment, ECT???????.. It also creates a curriculum whether one day curriculum or 90 day or 4 year to learn the product or service . _____________________________________________________________________________- Note Supreme Court document Hickman vs. department of commerce attachment #_1__ No response from any of the defendants since the 2009 order from the SUPREME COURT OF THE UNITED STATES _____________________________________________________________________________________ there is a request for a lower court opinion. The case filing involved inventions.(There is a treaty relating to patents which is adhered to by 140 countries, including the United States, and is known as the Paris Convention for the Protection of Industrial Property. Another treaty, known as the Patent Cooperation Treaty , was negotiated at a diplomatic conference in Washington, D.C., in June of 1970. The treaty came into force on January 24, 1978, and is presently adhered to by over 90 countries, including the United States. Could be contested by any nation with a treaty agreement before a patent trademark or copyright is granted.) Insuring the population that no other human being with a treaty has had the idea on earth.(Patents and trademarks are intellectual servitude) or wants or needs to sell the idea. The objective of article 1 section 8 of the constitution. According to the United States treasury Intergovernmental Holdings Total Public Debt Outstanding 04/21/2014 17,521,417,830,074.79 over 17 trillion dollars. http://www.federalreserve.gov/faqs/currency_12773.htm There was approximately $1.27 trillion in circulation as of April 9, 2014, of which $1.23 trillion was in Federal Reserve notes. A GOVERNMENT I.O.U OR, the PROMISE TO REDEM OR PAY UPON REQUEST, an investment in the United States. That amount of Federal Reserve notes could not be redeemed fully .as I mentioned my objective was to get a land extension. It is not an unreasonable or infrequent request. Neither or Restricted areas, or complete property purchases, the disposal of land to pay a debt. At the internal revenue service level it is not difficult to identify the inventor of a product or service. From the first day of manufacturing the item becomes taxable and the salaries of the contractors or employee?s, the products used to manufacture the item or service become a taxable or non- taxable item or service. This information was in the irs web site if there was a list of all taxable or non taxable services or items including religion the list would some years contain a new item(service) or have fewer items; that could be taxed or not. a list of all taxable or non taxable services or items including religion the list would some years contain a new item(service) or have fewer items; that could be taxed or not. Fed. R. Civ. P. 81(c)(3) says that where a party has already demanded a jury trial in the state court papers, there is no need to renew the demand in federal court. But where, as here, there was no demand in the state court papers, ?[I]f the state law did not require an express demand for a jury trial, a party need not make one after removal unless the court orders the parties to do so within a specified time.? Fed. R. Civ. P. 81(c)(3)(A). _____________________________________________________________________________ DEFENDANTS ALSO CLAIM THAT SINCE THE PREVIOUS CASES WERE DEEMED FRIVIOULS THIS CASE SHOULD BE. ______________________________________________________________________________ Sue- sponta dismissal is a violation of the 7th amendment a court dismissing a case in favor of one party or the other without a hearing, trial discovery if a jury is requested and case is granted. There is no equilivant in a criminal trial. A judge can?t find a person guilty based on the accusation in the complaint, A case can?t be ruled guilty based only on the plaintiff?s motion there is no(motion to find guilty) or without providing proof or proving your case. There has to be a defense even if it?s the 5th amendment and there was a request respectively for a 12 person jury. In a civil case the burden of proof is more likely than not not like a criminal trial where it?s beyond a reasonable doubt. _______________________________________________________________________________- THE DEFENDANTS ALSO CLAIM THERE WAS NO PROPER SERVICE _________________________________________________________________________________ In Forma Pauperis Filings PLANTIFF IS NOT REQUIRED TO SERVE DEFENDANTS THE COURTS SHALL SERVE THE DEFENDANTS SUMMONS. PLANTIFF RESPECTIVELY SUBMITTS THIS MOTION IN OPPOSITION OF DISMISSAL DERIAN DOUGLAS HICKMAN PRO-SE ATTORNEY FOR THE PLANTIFF PLACE OF EMPLOYMENT(STREET SENSE NEWSPAPER, INC.) #202-347-2006 1317 G ST NW WASHINGTON DC 20005 2ND FLOOR OF THE CHURCH OF EPIPHANY an Episcopal Church