Ninth Circuit Court of Appeals
Walter Allen Thompson
Aggrieved Party
Writ of Habeas Corpus
United States of America/United StatesTerritorial
William Shubb JudgeDeclaration of Status,
Robert Twiss, U.S.Attorney Standing, and Character In (illegible) Delany U.S. AttorneySupport (Referring USDC
Lou Blanas Sacramento County SheriffCase No. CR. S. No 04-435 WBS)
United States Marshal Service
_____________________________________________________________________
Background
I. Walter Allen, Thompson was taken into custody, without a lawful warrant that conforms with the 4th amendment, on an indictment that alleged violations of title 18, 371; Title 18, 287; and title 26, 7202 and 7206. I was acquitted by a jury of the title 18, 371, but found guilty on the remainder of the charged. I believe that the defendants have exceeded their jurisdiction for the following reasons:
Judicial Notice
One
This court of record takes judicial notice that Walter Allen, Thompson a living man has never knowingly, willingly, and "with the meeting of the minds" with any person, entity, artificial or natural in order to become a surety and/or fiduciary, for
Any Entities, any implied or presumed liabilities are hereby denied. I invoke non assumpsit.
Two
I hereby reserve my rights, privileges, and immunities and I waive none.
Definition of Words and Terms
For Purposes of This Action
me, myself, and I means Walter Allen, Thompson written in upper and lower case and it address the Living Man, and it does not mean Walter A. Thompson, WALTER ALLEN THOMPSON, abbreviated or all capital letters; or any other variation or inference to any Artificial Entity or Corporation.
Court of Record means a proceeding according to the course of the common law and it is independent of the magistrate. See Black's 4th Edition Law dictionary.
The words Court and the Court means an independent court of record by the sovereign and is recognized by Article III, Sec 2 of the constitution for the United States.
I, Walter Allen, Thompson a living man, enters into this court of record the following writ of Habeas Corpus as I believe my liberty is being restrained unlawfully in the Sacramento County Jail as the United States District Court Exceeded its territorial Jurisdiction in this matter for the following reasons:
One
Walter Allen, Thompson is not Walter A. Thompson or any other Artificial Entity and as such cannot be lawfully placed within any lawful Federal or Corporate jurisdiction.
Two
I am not a resident of the Eastern District of California as I do not have a residence or take up housekeeping on Federal Territory. For this reason alone the Defendants and the United States District Court exceeded their lawful Territorial Jurisdiction regarding me.
Three
Grand Jury: There are no facts in evidence that the members of the Grand jury live on Federal Territory within Shasta County, where I take up housekeeping, in direct violation of Article I, Section 8, Clause 17 and Amendment III; and also Title 28 U.S.C. Chapter 5 81-131. As I am domiciled in Shasta County, the Grand Jury proceedings took place in Sacramento County. Thus the crime would have had to occur within Federal Territory or "Federal Zone" within Shasta county and the Grand Jury would have to be residents within that Federal Territory in Shasta county. Shasta county and California State are not territories of the Federal Government. Thus any actions against me violates Amendment X of the constitution for the United States. This is not an opinion or argument, it is a fact.
Four
Jury and Judge/Magistrate: The same conditions and conclusions apply in number four and in number three. Title 28 Part V Chapter 121 section 1865; Title 28, Part I. Ch. 5 Sec 134 thus, few if any Federal Jurors are qualified to indict or convict.
Five
Alleged violations of any Acts of Congress must be within specific territorial boundaries of the Federal Government. " Act of Congress" includes any Act of congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory or in an insular possession. 18 U.S.C. 54
Six
The term "United States" can also mean just Federal territory (28 U.S.C. 3002 (15)(a) but a person, in order to be a resident in a Federal Judicial district must be residing on Federal Territory, ceded by the state legislature and received into congress. Again, Few if any Jurors are qualified to indict or convict.
Seven
To be qualified to sit as Federal Jurors, both Grand and Petit Jurors must reside in the judicial district for one year (28 U.S.C. 1865 (b)(1), which is not anywhere, but within the Federal Territory within the county where the alleged crime occurred (28 U.S.C. Ch. 5 81-131)
Eight
Additional and important background information concerning statutory procurement requirements necessary for the exercise of Article I, section 8, Clause 17. Power may be found in the United States Code. See 40 U.S.C. 255, 40 U.S.C. 5 3111, 40 U.S.C. 3112 (note the second paragraph of interpretive note 3 which states ("In view of former 40 U.S.C. 255, No jurisdiction existed in United States to enforce criminal laws, unless and until consent to accept jurisdiction over lands acquired by United States has been filed in behalf of United States as provided in said section, and fact that state had authorized government to take jurisdiction was immaterial.") 18 U.S.C. 4001 (a) states that: "no citizen shall be imprisoned or otherwise detained pursuant to an Act of Congress." And title 18 rule 54 defines an "Act of Congress" includes an Act of Congress locally applicable to and in force in the district of Columbia, in Puerto Rico, in a territory, or in an insular possession."
Conclusion
Therefore, since the grand jury and the petit jury could not have been qualified by Federal law it is completely obvious to me that the Defendants had no lawful jurisdiction over me. I have been subject on a false arrest and I have been treated more like livestock thank a living, breathing man with unalienable rights. I was not indicted by a qualified grand Jury and I was allegedly convicted by an equally non qualified petit jury.
The judge/magistrate were equally not qualified to proscribe in the proceeding as they failed the residential requirements. Other than violence and terrorization Defendants had no territorial jurisdiction in this matter. It does seem that the actions of the defendants are lawless, arbitrary, and completely inconsistent with any written law. Rather than being protectors of men's unalienable rights it appears that the defendants are simply using force and power establishing themselves as slave masters rather than protectors of everyone's rights. this is an evil ingredient for anarchy and promoted by the "government" itself.
Thus there is no evidence of territorial jurisdiction and if the defendants are to be taken seriously, one would have to make the absurd conclusion that California state and all the land within this state is Federal Territory and that it never became a state of the union in 1850, that the Constitution for the United States means nothing and that all written law has no practical use for anyone other than judges and lawyers.
Is there a Federal overlay over the whole United States of America? If so, by what authority sis that occur? Whatever it is violates the most basic concepts of separation of powers and amendment X.
Territorial is very specific in the Constitution and the attending laws reflect the specific intent of Article I, Section 8, Clause 17 and Amendment X.
It is impossible for the defendants to have taken any lawful authority over me.
Verification by plain statement: My yes is yes and my no is no.
February 22, 2005 Walter Allen, Thompson
Order
Defendants are hereby ordered by this court of record to show cause within five (5) days as to why this Writ of Habeas Corpus should not be granted. Absent any proof of jurisdiction and liability within the allotted five (5) days, this court of record hereby grants this Writ of Habeas Corpus and instructs the necessary authorities to release Walter Allen, Thompson from jail immediately. The trial court verdict shall be vacated forthwith. This is a Constitutionally guaranteed process according to the course of common law and operates as recognized in Article III, Section 2.
Feb 22nd, 2005 Walter Allen, Thompson
The Court
Declaration of Status, Standing, and Character of
Walter Allen, Thompson
One
I am subject to the Commandments of God, and my law is the Holy Scriptures, King James Version.
Two
I am a man subject to my creator and I am not the property or a created entity of any State.
Three
I am not an Artificial Entity, Fiction, Corporation, or any kind of Trust. Walter Allen, Thompson (upper and lower case) is not WALTER ALLEN THOMPSON, Walter A. Thompson, Walter Thompson, or any other abbreviated term to that effect. All documents sent to me must have my full Christian appellation in upper and lower case per the rules of English grammar.
Four
I acknowledge and declare that the declaration of independence 1776, the subordinate Articles of Confederation, the Constitution for the United States 1787, 1791, and the Constitution of the state of California 1849, are my law to the extent that they are not repugnant to the Holy Scriptures.
Five
I am not an insurrectionist, combatant, nor an enemy of the state. If it has anything to do with me it is my intention to live at peace with all men.
Six
I reserve all rights, privileges, and immunities and I waive none.
Seven
All past, present, and future activities in commerce, by me will be done under the rule of necessity and not by direct, indirect, implied, presumed, or assumed consent, contract or trusts.
Eight
All contracts entered into by me must have the following conditions to be valid: A. Offer, B. Disclosure of all the terms, C. Consideration and Acceptance, and D. Signature of at least two parties.
Nine
Any and all assumed, presumed, or "adhesion" Contracts that attempt to attach to me are hereby declared Null and Void.
Ten
I am not a Federal "Citizen of the United States Corporation" under the purported 14th Amendment. Nor am I a "citizen of the district of Columbia", "A resident of the District of Columbia", or a resident of any Federal Territory, insular possession, or enclave", within the California Republic.
Eleven
I invoke non assumpsit.
Twelve
I am a man, and I an not livestock, cattle, wild beast, or a fish.
Thirteen
I do not wish to be a part of the new world order or any other socialist-fascist state. I am a man and I reserve all of my unalienable rights, and I waive none.
Fourteen
I expect all government officials, de jure or de facto, to respect and protect all my unalienable rights.
Fifteen
I have not at any time allowed my self to knowingly become surety for someone else's debts. And I hereby declare that I am not surety for anyone or any person's debts,
whatever the entity is natural or artificial.
Sixteen
I am not a subject of the Vatican, the Crown, or any secret society.
Seventeen
I do not swear and oaths, nor do I any longer sign anything under the penalty of perjury. All provisions oaths or signings under the penalty of perjury I hereby state are mistakes and I rescind all signatures. February 22, 2005
Certification by plain statement: My yes is yeas and my no is no.
Walter Allen, Thompson
Proof of Service
I certify that I am over the age of eighteen years and I am not a party to this action. I have served the following documents via U.S. Mail:
Writ of Habeas Corpus- Court of Record- Territorial
Declaration of status, standing, and character
Upon:
William B. ShubbU.S. Marshal Service
United States District Court501 I St. 5th Floor
501 I St.Sacramento, California
Sacramento, California 93814
Robert Twiss U.S. Attorney
501 I St. Suite 10-100
Sacramento, California 95814Servers signature
Lou Blanas Sheriff
Sacrament County Jail
651 I St.
Sacramento, California 95814
