(Reader: Doug Duff) In the Form of a Pauper

Reader Post | By Doug Duff

[OpDis Editor Note: Scroll down for the highlighted version in DOCX and PDF.]

NOTICE and UNIVERSAL DECLARATION of
“IN FORMA PAUPERIS”
Of the Court System “Doing Business As” and “Also Trades As” (D&B) located at:

123 Exposure Plaza
Rapesville, State 12345

And, the magistrate, whose name is:
Ms. Ima Whorin Swindler

UNITED STATES DISTRICT COURT
FOR THE XXXX DISTRICT OF XXXX

United States of America   |
v.                                           |          NO. XX
John Henry Jones               |
________________________|

DECLARATION IN THE FORM OF AFFIDAVIT IN SUPPORT OF MOTION TO DETERMINE WHETHER THIS COURT, AS SUB-CONTRACTED LEGAL ENTITY OF STATE AND FEDERAL CORPORATION, IS PROCEEDING “IN FORMA PAUPERIS”.

I, ___________, Plaintiff in this case, have no record or other information leading to verifiable conclusion, that ________________ (this court, metropolitan, county, etc.) is not operating as “Indigent To The Cause” and “In Forma Pauperis” at this point in time, or any other point in time, wherein Plaintiff has been adversely effected.

1. I, John-Quincy: of the Jones Clan, hereinafter, Affiant, so-journer upon the land in the region known as Booger county, within the geographical bounds of the nation of Missouri, therefore, being a Missourian, a Missouri National, being first duly sworn, depose and say that in my years of study I have found the de facto government of the United States, as a corporation, to be bankrupt, and past bankrupted at least three (3) previous times, all sub-corporations within the United States and sub-sub-corporations to be, likewise, a, several, and many, bankrupted fictional corporations.

ADMIT – Unless proper rebuttal is presented showing evidence and proof to contradict Point 1, the facts stated stand as truth.

2. The U.S. Congress made public announcement to all governments, sub-corporations, entities public and private, that there was no money in 1933. All the gold held in the public was confiscated, then, later the silver was essentially removed from circulation.

ADMIT – Unless properly rebutted, all facts stated in Point 2 stand as truth.

3. Credit Instruments in the form of “silver certificates” and United States Notes have been phased out and are no longer available for practical use, being replaced by debt instruments in the form of Federal Reserve Notes, private script “play money.”

ADMIT – Unless properly rebutted, all facts stated in Point 3 stand as truth.

4. The ability to “pay” any debts has been eliminated by the removal of real money.

ADMIT – Unless properly rebutted, all facts stated in Point 4 stand as truth.

5. All alleged “debts” are now “discharged” with either signature of a living man or more debt instruments. In fact, each use of a debt instrument increases the national debt by exactly that amount used to “discharge” the previous amount.

ADMIT – Unless properly rebutted, all facts stated in Point 5 stand as truth.

6. All licenses, fees, penalties, fines, assessments, etc., are debt debentures assessed to advance the national debt and fortify the fallacy of legal fiction propagated in fraud.

ADMIT – Unless properly rebutted, all facts stated in Point 6 stand as truth.

7. All court costs, filing fees, fines and other penalties are, in fact, debt instruments, never being substantiated with real money.

ADMIT – Unless properly rebutted, all facts stated in Point 7 stand as truth.

8. All court proceedings, except for legitimate criminal action where there is an injured living soul, are under Admiralty or Maritime jurisdiction, are either insurance or contract related, and are dischargeable with either a signature of a living soul, or another debt instrument comprised of a promise to pay, payment being an impossibility.

ADMIT – Unless properly rebutted, all facts stated in Point 8 stand as truth.

9. This court, _________________, is, in fact, proceeding in “in forma pauperis”, with no substance in fact, or in law, no jurisdiction over any living soul where an actual (real) crime has not been committed.

ADMIT – Unless properly rebutted, all facts stated in Point 9 stand as truth.

10. All “funds” of various debt instruments acquired by this court have been co-mingled in I.O.T.A. or I.O.L.T.A. and cannot stand up to the scrutiny of U.S. Treasury directives.

[Interest On Trust Account & Interest On Lawyer Trust Account.]

ADMIT – Unless properly rebutted, all facts stated in Point 10 stand as truth.

Affiant reserves the right to amend that justice may be served.

Date ____________, 2010

By _________________________ agent
John-Quincy: Jones, Sovereign. 

ADDENDUM 

Determine whether this court (or, any court) is impecunious (adj)

1. Having little or no money; poor; penniless.

Thesaurus: poor, insolvent, destitute, impoverished, penniless, poverty-stricken, broke (slang), cleaned out (slang); Antonym: rich.

[“Soldiers and Sailors Relief Act” If you, or your father, have served in the military and have a court case you can use this act to your benefit, using an “affidavit to file impecuniously“.]

ALL DEBTS associated with the operation of justice, or de jure government, are already paid under the taxation power granted the congress to pay the debts of the United States.  Any other such claims for services are either inapplicable to a Citizen or invalid altogether.

IF a magistrate cannot make a decision without a fee then any decision volunteered gratuitously from one of these courtesians that you owe a fee is fatuum judicium.

If you study Title 28, Chapter 123, Fees and Costs you will find much more than you would suspect about the “fees” and their significance that you thought unimportant.

“FEE” comes from “fief” and it is a favor granted for consideration in feudalism, which has not held sway in America since the king was dethroned.

28 U.S.C § 1911 – Grants a taxing power upon litigants but does not institute a poll tax or capitation upon Citizens©.

28 U.S.C § 1912 – This section holds the “Supreme Court” to AFFIRM judgments and impose double costs on the LOSER!

28 U.S.C § 1913 – Here the Judicial Conference Court imposes the fees and costs where the congress has no power to act. Hmmmmm? Is this the “authority” the “courts” are using to impose “fees?”

28 U.S.C § 1914 – This section most relied upon does not institute a poll tax or capitation upon CITIZENS© whose right to petition cannot be abridged. What “parties” are subject to it?

28 U.S.C § 1915 – We have herein identified the subject party liable to purchase their right to petition with this section:

“if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee.” [I cannot let this one “ride.” Is it not the “court” that cannot give cognizance to lawful money? Sure, they can accept “legal currency,” but what if you choose to make adjustments with gold or silver coin minted by a United States mint? It is the “court” that proceeds in forma pauperis, not the Citizen, prisoner, or any living man.]

And, said “prisoner” can be anybody accused of a crime:

“As used in this section, the term “prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law [criminal law? They NEVER charge you with a crime; it is always a statutory infraction or code infringement.] or the terms and conditions of parole, probation, pretrial release, or diversionary program.”

Otherwise, anyone incompetent to conduct court and be represented by someone else would be alieni juris and, in effect, is a prisoner.

28 U.S.C § 1915A – Did you MISS this one? It grants absolute power to whoever runs the court and includes impunity: Oh my! Better look at: COMMERCIAL ACTIVITY EXCEPTION. Black’s Law Dictionary, Seventh, states: the – term “commercial-activity exception” means: “An exemption from the rule of sovereign immunity, permitting a claim against a foreign state if the claim arises from private acts undertaken by the foreign state, as opposed to the state’s public acts.” [FRNs are Private Script; moneys of exchange are Private Script; thus, charging or receiving fees “payable” in Private Script is a private act by a foreign state – plain and simple! Herein (acceptance and use of Federal Reserve Notes or anything convertible to FRNs) causes the “court” to loose in personam jurisdiction.]

28 U.S.C § 1916 – The attorneys are like SEAMEN! They don’t have to pay any fees. What makes SEAMEN better than you? [Me thinks it’s because we’re in Admiralty.]

[Could it be the “lawyers” are “seamen aboard the ‘ship-of-state’”?]

28 U.S.C § 1920 – This one identifies and lists taxable costs and fees including compensation paid to “experts” (such as judges, magistrates and masters?) yet still fails to state that CITIZENS© are mandated to purchase their constitutional right to petition redress of grievances.

28 U.S.C § 1923 – Here’s the fee schedule for attorneys, proctors and solicitors. Any wonder that I see these bastards as courtesans in a brothel?

28 U.S.C § 1924 – This one is used to demand that the clerk specify what services they are going to do for the fee that is not a duty covered by their generous salary. Clerks will not answer this question and always deny that they are refusing to file your complaint.

28 U.S.C § 1927 – Excessive costs may be charged to attorneys such as judges so you have a right to demand an explanation of charges for anything that is constitutionally free and without purchase.

28 U.S.C § 1929 – This section mentions “extraordinary” expenses,” “ministerial officers” and the permission of the attorney general. Do you imagine that your right to petition is anything less than ordinary?

28 U.S.C § 1931 – How about that? The money goes into a slush fund!

There are many “secrets” buried within the CAFR (comprehensive annual financial report) compiled yearly by every corporate government agency at every level and submitted to the President. Once you comprehend how to decipher these documents you’ll discover such a massive amount of wealth stolen from the people; much of which goes into various “slush funds” in many places.

The CAFR, the Judges Retirement Fund (which gives judges a minimum of five million U.S. dollars with only one year of “service”), the Impressed Fund Account, and many others are “cubby-holes”, or hiding places, away from the eyes of the People.

Black’s 6^th defines “Champerty” as a bargain between a stranger and a party in a lawsuit by which the stranger pursues the party’s claim in consideration of receiving part of any judgment proceeds; it is one type of “maintenance,” the more general term which refers to maintaining, supporting, or promoting another person’s litigation. “Maintenance” consists of maintaining, supporting, or promoting the litigation of another.

cham·per·ty (ch²m“p…r-t¶) n., pl. cham·per·ties. Law. A sharing in the proceeds of a lawsuit by an outside party who has promoted the litigation. [Middle English champartie, from Old French champart, the lord’s share of the tenant’s crop.

Below is an excerpt from an article concerning an “Impressed Fund Account” made available to federal judges, magistrates, and prosecutors demonstrating that a conflict of interest is prevalent and exists in all cases whatsoever before a de facto fictional court:

1. An “Impressed Fund Account” exists for the purpose of rewarding those who assist in IRS prosecutions.
2. The Impressed Fund Account allows for up to $25,000.00 to be paid for assistance in prosecutions relative to IRS forms 1040.
3. Anyone is eligible to receive rewards from the Impressed Fund Account including federal judges, federal magistrates, and federal prosecutors.

“But it certainly violates the Fourteenth Amendment and deprives a defendant in a criminal case of due process of law to subject his liberty or property to the judgment of a court, the judge of which has a direct, personal, substantial pecuniary interest in reaching a conclusion against him in his case.” TUMEY v. STATE OF OHIO, 273 U.S. 510 (1927)

“Indeed, in analogous cases it is very clear that the slightest pecuniary interest of any officer, judicial or quasi judicial, in the resolving of the subject-matter which he was to decide, rendered the decision voidable.” TUMEY (Supra)

All ‘crimes’ are commercial – 27 CFR 72.11

Title 18 section 7 – all Citizens of the United States are Commercial vessels

Suits in Admiralty Act (1920) gives injured parties the right to sue the government in Admiralty. Title 46 appendix sections 741-752.

The Public Vessels Act (enacted 1925) allows claims against the United States for damages caused by one of its vessels. Title 46 U.S.C.A. appendix section 781-790.

In 1966 the Federal Rules of Civil Procedure were merged with Admiralty maritime rules – this is spelled out in 34 F.R.D. (Federal Rules Decisions) page 325.

“Federal courts are authorized to exercise several types of jurisdiction – law, equity and admiralty.” VODUSEK v. BAYLINER MARINE CORP. 71 F. 3d 148 (4th Cir. 1995)

“Admiralty practice is a unique system of substantive law and procedure, with which members of this court are singularly deficient in experience” – Justice Jackson, BLACK DIAMOND S.S. CORP v. STEWARD & SONS, 336 U.S. 386, 403, 69 S.CT. 622,  93, L.ED. 754 (1949)

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