This document is a petition filed in state court to vacate void orders and recuse a judge. It argues that the court lacks jurisdiction due to lack of ratification, no proof of a valid claim, and improper service. It also alleges that the judge violated judicial conduct rules by not allowing the petitioner to be heard and by threatening imprisonment. The petition requests that previous orders be vacated and the judge recused due to implied corruption and deprivation of rights.
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This document is a petition filed in state court to vacate void orders and recuse a judge. It argues that the court lacks jurisdiction due to lack of ratification, no proof of a valid claim, and improper service. It also alleges that the judge violated judicial conduct rules by not allowing the petitioner to be heard and by threatening imprisonment. The petition requests that previous orders be vacated and the judge recused due to implied corruption and deprivation of rights.
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This document is a petition filed in state court to vacate void orders and recuse a judge. It argues that the court lacks jurisdiction due to lack of ratification, no proof of a valid claim, and improper service. It also alleges that the judge violated judicial conduct rules by not allowing the petitioner to be heard and by threatening imprisonment. The petition requests that previous orders be vacated and the judge recused due to implied corruption and deprivation of rights.
This document is a petition filed in state court to vacate void orders and recuse a judge. It argues that the court lacks jurisdiction due to lack of ratification, no proof of a valid claim, and improper service. It also alleges that the judge violated judicial conduct rules by not allowing the petitioner to be heard and by threatening imprisonment. The petition requests that previous orders be vacated and the judge recused due to implied corruption and deprivation of rights.
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The petitioner is requesting that the court void previous orders and recuse the judge due to a lack of jurisdiction and improper procedures. They argue that proper service, summons, evidence of a claim, and ratification of commencement were not provided.
The petitioner is requesting that the court grant their petition to recuse the judge or prepare a written order denying the petition and prepare the complete record for an interlocutory appeal.
The petitioner argues that once jurisdiction is challenged, it must be proven by the court, and that lack of jurisdiction can be raised at any time. They also argue that without proper jurisdiction, any orders or judgments are void.
1 First-Middle: Last
2 c/o 1234 Your Address Street
City / Town, State Republic 3 4 FIRST MIDDLE LAST, IN PRO PER 5 6 IN THE STATE COURT FOR THE COUNTY OF EXAMPLE STATE OF YOUR STATE 7 ) 8 STATE OF YOUR STATE ) Case No.: xxxxxxxxxx ) 9 ) Notice of Motion and 10 Plaintiff, ) Motion to Vacate Void Orders ) and Recuse. 11 vs. ) 12 ) Date: Date of Special Appearance FIRST MIDDLE LAST ) Time: xxx 13 ) 14 ) Defendant in Error. ) 15 _________________________________ ) _______________________________ 16 17 PETITION TO VACATE VOID ORDERS AND RECUSE Order to Show Cause 18 NOW COMES the Attorney in Fact, First-Middle: Last, the Flesh and Blood 19 Man/Woman and Attorney in Fact for FIRST MIDDLE LAST, ens legis Trust, by special appearance without submitting or consenting to the Court’s jurisdiction now 20 moves this court to void the judgment and/or rescind any warrant ordered by this 21 court for lack of ratification of commencement, no proof of a contract, no proper service, no proof of proper summons / subpoena service, no legal evidence of a claim 22 / debt provided, hence proving jurisdiction as required by Your State Superior Court 23 Rule 25.3 (Canon # 3 of Judicial Conduct) and O.C.G.A. § 9-11-60, due to newly discovered evidence of Judge Name Here implying corruption, criminal concealment 24 of evidence, operating without Official Bond, conspiracy to defraud, perjury to oath 25 of office, obstruction of justice, official misconduct, and deprivation of rights under the color of law as shown by the arbitrarily denied, dishonored, and/or otherwise 26 ignored affidavits. 27 Respectfully submitted, 28 29 By:______________________ 30 Attorney in Fact
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1 MEMORANDUM OF POINTS AND AUTHORITIES 2 1. Objection for Lack of Ratification of Commencement. There is no claim. 3 a) Federal Rules of Civil Procedure (F.R.C.P.), 4 Rule 17(a)- Real Parties in Interest: “(1) Designation in General – An action must be prosecuted in the name of 5 the real party in interest. The following may sue in their own names 6 without joining the person for whose benefit the action is brought: An (a) executor, (b) an administrator, (c) a guardian, (d) a bailee, (e) a trustee of 7 an express trust, (f) a party with whom or in whose name a contract has 8 been made for the benefit of another, or (g) a party authorized by stature. (2) Action in the Name of the United States for Another’s Use or Benefit – 9 When a federal statute so provides, an action for another’s use or benefit 10 must be brought in the name of the United States. (3) Joinder of the Real Party in Interest - The court may not dismiss an 11 action for failure to prosecute in the name of the real party in interest until, 12 after an objection, a reasonable time has been allowed for the real party in interest to ratify, join, or be substituted into the action. After ratification, 13 joinder, or substitution, the action proceeds as if it had been originally 14 commenced by the real party in interest.” 15 b) Federal Rules of Civil Procedure (F.R.C.P.), 16 Rule 2: “There is one form of action – the civil action.” 17 There is neither proof of an injured party nor trespass in the above-mentioned 18 matter, and unless verifiable evidence to the contrary can be presented by the prosecution within the time frame allotted, none such exists; therefore, the 19 matter must be vacated as all crimes are commercial (27 C.F.R. § 72.11), and 20 every alleged crime has to have “nature” and “cause” and must be prosecuted in the name of the people of the state. I believe that no proof that claim exists 21 to be heard or judgment to be given by evidence of documents contained in 22 this docket. 2. Meritorious defense. Plaintiff cannot or will not provide or submit proper 23 proof that a claim or debt exists to proceed in order for a judgment to be valid. 24 3. A judge should be faithful to the law and maintain professional competence in 25 it. Judge Name Here knowingly and intentionally violated O.C.G.A. § 17-5-21 26 when he/she did not place First-Middle: Last upon the stand and examine under oath after First-Middle: Last filed a Verified Complaint before this 27 court. 28 4. A judge shall accord to every person who has a legal interest in a proceeding, 29 or that person’s lawyer, the right to be heard according to law. A judge may 30 make reasonable efforts, consistent with the law and court rules, to facilitate the ability of self-represented litigants to be fairly heard. Judge Name Here 31 has not allowed First-Middle: Last to be fairly heard and has threatened First-
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1 Middle: Last if he/she continued with the arguing of his Motion, he/she would be imprisoned indefinitely. Judge Name Here denied First-Middle: Last the 2 United States Constitutional right to call witness and the right to be heard 3 according to law. 4 5. A judge should diligently discharge the judge’s administrative responsibilities, 5 maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court 6 officials. Judge Name Here was made known that First-Middle: Last had 7 suffered injuries due to judicial misconduct of other judges and had been threatened by the bailiff and told in open court on Court Date Here and Judge 8 Name Here failed to report or afford First-Middle: Last the right to equal 9 protection of the law. 10 Find some cases for your state and replace what is in BLUE. 11 6. Even if a court (judge) has or appears to have subject matter jurisdiction, subject matter jurisdiction can be lost. Major reasons why subject matter 12 jurisdiction is lost: (1) no petition in the record of the case, Brown v. Van 13 Keuren, 340 Ill. 118,122 (1930); (2) defective petition filed, Murphy v. Murphy, 263 Ga. 280 (1993); (3) fraud committed in the procurement of 14 jurisdiction, Fredman Brothers Furniture v. Dept. of Revenue, 109 Ill. 2d 202, 15 486 N.E. 2d 893(1985), Tucker v. Tucker, 221 Ga. 128 (1965); (4) fraud upon the court, In re Village of Willowbrook, 37 Ill. App. 3d 393 (1962), Hogg v. 16 Hogg, 206 Ga. 691, 694 (1950); (5) a judge does not follow statutory 17 procedure, Armstrong v. Obucino, 300 Ill. 140, 143 (1921); (6) unlawful activity of a judge, Code of Judicial Conduct (Georgia Supreme Court 18 removes Kenneth E. Fowler, docket # S10Z1144); (7) violation of due 19 process, Johnson v. Zerbst, 304 U.S. 458, 58 S. Ct. 1019, Hood v. Carsten, 267 Ga. 579 (481 S.E.2d 525) (1997), Pure Oil Co. v. City of Northlake, 10 20 Ill. 2d 241, 245, 140 N.E. 2d 289 (1956), Hallberg v. Goldblatt Bros., 363 Ill. 21 25 (1936); (8) if the court exceeded its statutory authority, Rosenstiel v. Rosenstiel, 278 F. Supp. 794 (S.D.N.Y., 1967); (9) any acts in violation of 11 22 U.S.C. 362(a), In re Garcia, 109 B.R. 335 (N.D> Illinois, 1989); (10) where 23 no justiciable issue is presented to the court through proper pleadings, Ligon v. Williams, 264 Ill. App. 3d 701, 637 N.E. 2d 633 (1st Dist. 1994), Baker v. City 24 of Marietta, 271 Ga. 210, 518 S.E.2d 879 (1999); (11) where a complaint 25 states no cognizable cause of action against that party, Charles v. Gore, 248 Ill. App. 3d 441, 618 N.E. 2d 554 (1st. Dist. 1993); (12) where any litigant 26 was represented before a court by a person / law firm that is prohibited by law 27 to practice law in that jurisdiction; (13) when the judge is involved in a scheme of bribery [the Alemann cases, Bracey v. Warden, U.S. Supreme 28 Court No. 96-6133 (June 9, 1997)]; (14) where a summons was not properly 29 issued; (15) where service of process was not made pursuant to statute and Supreme Court Rules, Janove v. Bacon, 6 Ill. 2d 245, 249, 218 N.E. 2d 706, 30 708 (1953), Callaway v. Goodwin, 357 Ga. App. 14 (2014); (16) when the 31 rules of the court are not complied with; (17) when the local rules of the
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1 special court are not complied with (one where the judge does not act impartially, Bracey v. Warden, U.S. Supreme Court No. 96-6133 (June 9, 2 1997); (18) where the statute is vague, People v. Williams, 638 N.E. 2d 207 3 (1st Dist.) (1994), State v. Fielden, 629 S.E.2d 252 (Ga. 2006); (19) when proper notice is not given to all parties by the movant, Wilson v. Moore, 13 Ill. 4 App. 3d 632, 301 N.E. 2d 39 (1st Dist.) (1973), U.S. Bank Nat’l Assn. v. 5 Gordon, 709 S.E.2d 258 (Ga. 2011); (20) where an order / judgment is based on a void order / judgment, Austin v. Smith, 312 F 2d 337, 343 (1962), 6 Nazario v. State, 746 S.E.2d 109 (Ga. 2013); or (21) where the public policy 7 of the State of Your State is violated. 8 Plaintiff has not sufficiently proven subject matter jurisdiction which 9 determine whether or not a court has the ability to adjudicate the matter, to wit First Middle Last has been prepared to show by court record and litigation 10 before the Your County Presiding Judge. 11 7. The judge has not been able to produce certified copies for both an oath of 12 office and an official bond. Whereas, he/she is not a judge if he/she cannot 13 produce a certified copy of his/her oath of office and official bond at any time. The laws covering judges and other public officials are to be found at 5 U.S.C. 14 § 3331, 28 U.S.C. § 543, and 5 U.S.C. § 1983, O.C.G.A. Title 45 Chapter 4 15 (change to your state’s statutes chapter on official bonds), and if the judge has not complied with all of those provisions, he is not a judge but a trespasser 16 upon the court. If he is proven a trespasser upon the court (upon the law) not 17 one of his judgments, pronouncements, or orders are valid. All are null and void. 18 19 8. First-Middle: Last now makes known and requires this court to take judicial notice of law that the taking of the oath of office makes public officials 20 “foreign”. Those holding Federal or State public office or county / municipal 21 office under the Legislative, Executive or Judicial branch, including Court Officials, Judges, Prosecutors, Law Enforcement Department employees, 22 Officers of the Court, and any and all others, before entering into these public 23 offices, are required by the U.S. Constitution and statutory law to comply with Title 5 U.S.C., Sec. § 3331, “Oath of office.” State Officials are also required 24 to meet the same or similar obligation(s) according to State Constitutions and 25 State statutory law. All oaths of office fall under 22 C.F.R. Sections § 92.12 - 92.30, and all whom 26 hold public office fall under Title 8 U.S.C., Section §1481 “Loss of nationality 27 by native-born or naturalized citizen; voluntary action; burden of proof; presumptions.” 28 Under Title 22 U.S.C., Foreign Relations and Intercourse, Section §611, a 29 Public Official is considered to be a foreign agent. In order to hold public office, the candidate must file a true and complete registration statement with 30 the State Attorney General as a foreign principle. The Oath of Office requires 31 the public official in his / her foreign state capacity to uphold the
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1 constitutional form of government or face consequences. 2 Title 10 U.S.C., Sec. § 253, “Interference with State and Federal Law” 3 “The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, 4 in a State, any insurrection, domestic violence, unlawful combination, or 5 conspiracy, if it— (1) so hinders the execution of the laws of that State, and of the United States 6 within the State, that any part or class of its people is deprived of a right, 7 privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to 8 protect that right, privilege, or immunity, or to give that protection; or 9 (2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. 10 In any situation covered by clause (1), the State shall be considered to have 11 denied the equal protection of the laws secured by the Constitution. Such willful action, while serving in official capacity, violates Title 18 U.S.C., 12 Section §1918: 13 Title 18 U.S.C., Section §1918 “Disloyalty and asserting the right to strike against the government” 14 Whoever violates the provision of 7311 of title 5 that an individual may not 15 accept or hold a position in the Government of the United States or the government of the District of Columbia if he— 16 (1) advocates the overthrow of our constitutional form of government; 17 (2) Is a member of an organization that he knows advocates the overthrow of our constitutional form of government; shall be fined under this title or 18 imprisoned not more than one year and a day, or both. And also deprives 19 claimants of ‘honest services’: Title 18, Section §1346. Definition of ‘scheme or artifice to defraud’ 20 For the purposes of this chapter, the term ‘scheme or artifice to defraud’ 21 includes a scheme or artifice to deprive another of the intangible right of honest services. 22 The treaties that placed your public offices in that foreign state under 23 international law and under the United Nations jurisdiction: 49 Stat. 3097; Treaty Series 881 – 24 CONVENTION ON RIGHTS AND DUTIES OF STATES 25 In the 1945 I.O.I.A., the International Organizations Act of December 29, 26 1945 (59 Stat. 669; Title 22, Sections 288 to 2886 U.S.C.), the U.S. 27 relinquished every office. 28 TITLE 8 > CHAPTER 12 > SUBCHAPTER I > § 1101 29 The term ‘foreign state’ includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be 30 regarded as separate foreign states. 31 19 Corpus Juris Secundum § 883: ‘[T]he United States government is a 5 of 8 Petition to Void Orders and Recuse 1 FOREIGN CORPORATION with respect to a state.’ 2 All ‘public servants’, officials, Congressmen, politicians, judges, attorneys, 3 law enforcement officers, States and their various agencies, etc., are the expressed agents of these foreign principals. ” 4 5 THEREFORE, this Petition shall be lawfully granted due to the facts made known in the supporting Affidavit of Truth from First-Middle: Last which now makes known 6 before the court that Judge Name Here has no respect for the law, does not comply 7 with the law, does not install public confidence in the integrity and the impartiality of the judiciary, is not faithful to the law, and does not maintain professional 8 competence in the law. Further, he/she conscientiously, arbitrarily, capriciously, 9 deliberately, intentionally, and knowingly engaged in conduct in violation of his/her duty as a judge and of the Code of Judicial Conduct, engaged in actions in violation 10 of the Supreme Law of the Land and the law of Your State, engaged in acts of judicial 11 treason, committed fraud upon the court, engaged in acts as a trespasser of the law, exceeded his/her lawful authority, engaged in actions to interfere with the litigant's 12 legal duty imposed on the litigant by this court and subsequent barratry, engaged in 13 actions to conceal material from the court record, committed fraud upon the State of Your State, aided and abetted criminal activity, and connived with the Clerk of the 14 Circuit Court of Your County in covering up the disappearance of court records. I 15 request that a full and complete investigation into the willful violations of the Code of Judicial Conduct by Judge Name Here be made by the Judicial Inquiry Board, and the 16 Presiding Name of Courthouse Judge to exercise supervisory jurisdiction in this case 17 before the court. Judge Name Here lacks jurisdiction in this cause, and First-Middle: Last asserts the right to challenge jurisdiction pursuant to the following case law: 18 19 1. “A court cannot confer jurisdiction where none existed and cannot make a void 20 proceeding valid. It is clear and well established law that 21 a void order can be challenged in any court.” Old Wayne Mut. L. Assoc. v. McDonough, 204 U. S. 8, 27 S. Ct. 236 (1907). 22 23 2. “There is no discretion to ignore lack of jurisdiction.” Joyce v. U.S. 474 2D 215. 24 25 3. “Court must prove on the record, all jurisdiction facts related to the jurisdiction 26 asserted.” Latana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F Supp. 150. 27 4. 28 “The law provides that once State and Federal Jurisdiction has been challenged, it 29 must be proven.” Main v. Thiboutot, 100 S. Ct. 2502 (1980). 30 5. 31 “Jurisdiction can be challenged at any time.” and “Jurisdiction, once challenged,
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1 cannot be assumed and must be decided.” Basso v. Utah Power & Light Co., 495 F 2d 906, 910. 2 3 6. “Defense of lack of jurisdiction over the subject matter may be raised at any time, 4 even on appeal.” Hill Top Developers v. Holiday Pines Service Corp., 5 478 So. 2d. 368 (Fla 2nd DCA 1985) 6 7. 7 “Once challenged, jurisdiction cannot be assumed, it must be proved to exist.” Stuck v. Medical Examiners, 94 Ca 2d 751. 211 P2d 389. 8 9 8. “The burden shifts to the court to prove jurisdiction.” 10 Rosemond v. Lambert, 469 F2d 416. 11 9. 12 “A universal principle as old as the law is that a proceeding of a court without 13 jurisdiction are a nullity and its judgment therein without effect either on person or property.” Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732. 14 15 10. “Jurisdiction is fundamental and a judgment rendered by a court that does not have 16 jurisdiction to hear is void ab initio.” In Re Application of Wyatt, 300 P. 132; Re 17 Cavitt, 118 P2d 846. 18 11. 19 “Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act, its proceedings are absolutely void in the fullest sense of the term.” 20 Dillon v. Dillon, 187 P 27. 21 12. 22 “A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any 23 case before a tribunal is its power to act, and a court must have the authority to decide that question in the first instance.” Rescue Army v. Municipal Court of Los Angeles, 24 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67 S.Ct. 1409. 25 13. 26 “A departure by a court from those recognized and established requirements of law, 27 however close apparent adherence to mere form in method of procedure, which has the effect of depriving one of a constitutional right, is an excess of jurisdiction.” 28 Wuest v. Wuest, 127 P2d 934, 937. 29 14. 30 “Where a court failed to observe safeguards, it amounts to denial of due process of 31 law, court is deprived of juris.” Merritt v. Hunter, C.A. Kansas 170 F2d 739.
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1 2 CONCLUSION 3 Based upon the aforesaid memorandum of law, First Middle Last moves this court to 4 grant this Petition and Recuse Judge Name Here or prepare a written order denying 5 this Petition and prepare the complete record for court for an interlocutory appeal pursuant to rule 603 of your Federal Rules of Evidence. 6 7 8 9 Respectfully Submitted, 10 11 12 13 _______________________________________
14 First-Middle: Last, Beneficiary, Attorney in Fact
for FIRST MIDDLE LAST, Defendant in Error 15 16 17 18 ---------------------------------------- LAST PAGE ----------------------------------------