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«Northwest Amesem / Northwest Africa./NiJrtHAmeneR 'The North Gate'. Societas Republicae Ea AI Maurikanos. Aboriginal and Indigenous Natural Peoples ...»

-- [ Page 1 ] --

FILED

U.S. OlSTP1CT COUH,'

DIS CT i{'lL.

THE MOORISH NATIONAL REPUBLIC FEDBlOO.iG€rVERNMElN'IiNbRTHWEST AFRICA.

THE MOORISH DMNE AND NATIONAf.MPYJ:~N1.;9F THE WORLD.

'.,"'.-".,.,' I '....'_

.

Northwest Amesem / Northwest Africa./NiJrtHAmeneR

'The North Gate'.

Societas Republicae Ea AI Maurikanos.

Aboriginal and Indigenous Natural Peoples of the Land.

The true and de jure AI Moroccans I Americans.

Affidavit of Fact Writ of Discovery For The Record, To Be Read Into The Record Notice to the Agent is Notice to the Principal- Notice to the Principal is notice to the Agent.

To:

U.S. District Court For the District of Maryland Office of the Clerk 6500 Cherrywood Lane Greenbelt Territory, Maryland Republic [20770] United States of America Republic, North America

Petitioner:

Mansur Akil Jelani Valentine-Dey, Authorized Representative

Natural Person, In Propria Persona:

Ex Relatione: Timothy Maurice Valentine All Rights Reserved: U.C.C. 1-207/1-308; U.C.C. 1-103 Not a Corporate Person or Entity, Misrepresented by Fraudulent Construct of ALL CAPITAL LETTERS Piscataway Conoy Territory [c/o 6759 Charlene Court Bryans Road, Maryland [Zip Exempt] Northwest Amexem Non-Domestic

Respondent(s):

*Public Servant Corporate STATE OF MARYLAND *Public Servant Wendy A. Weeks [WENDY A WEEKS], Special Counsel

ANNE ARUNDEL COUNTY OFFICE OF CHILD SUPPORT ENFORCEMENT

44 Calvert Street, 2nd Floor Corporate ANNAPOLIS, MARYLAND 21404 *Corporate ANNE ARUNDEL COUNTY

OFFICE OF CHILD SUPPORT ENFORCEMENT

44 Calvert Street, 2nd Floor POBOX 1870 Corporate ANNAPOLIS, MARYLAND 21404 *Corporate BALTIMORE COUNTY

OFFICE OF CHILD SUPPORT ENFORCEMENT

170 West Ridgely Road Corporate LUTHERVILLE, MARYLAND 21093 *Corporate MOTOR VEHICLE ADMINISTRATION 6601 Ritchie Highway N.E.

Corporate GLEN BURNIE, MARYLAND 21062 Notice of EX PARTE DAVIS, 344 SW 2d 925 (1976) COMES NOW, Mansur Akil Jelani Valentine-Dey, Natural Person, In Propria Persona Sui Juris; Ex Relatione: Timothy Maurice Valentine (not to be confused with, Not a Corporate Person or Entity, Misrepresented by Fraudulent Construct of ALL CAPITAL LETTERS nor substituted by, Pro Se by unauthorized hand of another). I am Aboriginal Indigenous Moorish-American; possessing Free-hold by Inheritance and Primogeniture Status;

standing squarely Affirmed, aligned and bound to the Zodiac Constitution, with all due respect and honors given to the Constitution for the United States Republic, North America. Being a descendant of Moroccans and born in America, with the blood of the Ancient Moabites from the Land of Moab, who received permission from the Pharaohs of Egypt to settle and inhabit North-West Africa / North Gate. The Moors are the founders and are the true possessors of the present Moroccan Empire; with our Canaanite, Hittite and Amorite brethren, who sojourned from the land of Canaan, seeking new homes. Our dominion and inhabitation extended from Northeast and Southwest Africa, across the Great Atlantis, even unto the present North, South and Central America and the Adjoining Islands-bound squarely affirmed to THE TREATY OF PEACE AND FRIENDSHIP OF SEVENTEEN HUNDRED AND EIGHTY-SEVEN (1787) A.D. superseded by THE TREATY OF PEACE AND FRIENDSHIP OF EIGHTTEEN HUNDRED and THIRTYSIX (1836) A.D. between Morocco and the United States the same as displayed under Treaty Law, Obligation, Authority as expressed in Article VI of the Constitution for the

United States of America (Republic):

THE TREATY OF PEACE AND FRIENDSHIP OF 1836 A.D.

Between Morocco and the United States Article 20 "If any of the Citizens of the United States, or any Persons under their Protection, shall have any disputes with each other, the Consul shall decide between the Parties, and whenever the Consul shall require any Aid or Assistance from our Government, to enforce his decisions, it shall be immediately granted to him."

Article 21 "If any Citizen of the United States should kill or wound a Moor, or, on the contrary, if a Moor shall kill or wound a Citizen of the United States, the Law of the Country shall take place, and equal Justice shall be rendered, the Consul assisting at the Trial; and if any Delinquent shall make his escape, the Consul shall not be answerable for him in any manner whatever."

Petitions this court to order ANNE ARUNDEL COUNTY CIRCUIT COURT, ANNE

ARUNDEL COUNTY and BALTIMORE COUNTY OFFICE OF CHILD SUPPORT

ENFORCEMENT(S) to nullify, dismiss and/or close (alleged) child support case, cease and desist any further communication and/or correspondence referencing BALTIMORE

COUNTY OFFICE OF CHILD SUPPORT ENFORCEMENT CASE and/or ANNE

ARUNDEL COUNTY OFFICE OF CHILD SUPPORT ENFORCEMENT CASE #C2005CSES #790064190, and MARYLAND MOTOR VEHICLE ADMINISTRATION (MVA) compelling Petitioner (under threat, duress, and coercion) to make payments to

MARYLAND CHILD SUPPORT.

In support of this petition I submit the following:

1. Original Child Support Consent Order-9/28/2005 (See Exhibit B)

2. Amended Child Support Consent Order-2/3/06 (See Exhibit C)





3. Petitioner received letter from Wendy A. Weeks [WENDY A WEEKS] dated February 3, 2012 which stated "effective March 1,2012 you are REOIDRED to send all future (alleged) child support payments to MARYLAND CHILD SUPPORT ACCOUNT at the address provided on the attached NOTICE OF CHANGE OF PAYEE." Under the threat of drivers license suspension, State and Federal Income Tax Refund Intercept, contempt of Court with possible incarceration, etc.; 42 U.S.C.

§ 1983 acting under color of law seeking to deprive Petitioner of his rights, privileges, or immunities secured by the U.S. Republic Constitution or laws of the United States of America Republic in violation of Federal statues (See Exhibit D), Parrattv. Taylor, 451 U.S. 527, 535 (1981).

4. On September 30,2012, Petitioner received a NOTICE OF SELECTION FOR REFERRAL TO MOTOR VEmCLE ADMINISTRATION threatening driver's license suspension, etc. (See Exhibit E) in violation of Federal statues.

5. On October 1, 2012, Petitioner received correspondence from BALTIMORE COUNTY OFFICE OF CHILD SUPPORT ENFORCEMENT with an arrearage amount of $976.00 again requesting aforementioned payment stating, "Failure to pay your (alleged) child support obligation will result in one or more of the following actions: professional license or driver's license suspension, passport denial, tax refund intercept, lottery intercept, bank account seizure, and/or a summons to appear in court." (See Exhibit F) in violation of Federal statues.

6. On November 7, 2012, Petitioner received correspondence (dated November 1,

2012) from BALTIMORE COUNTY OFFICE OF CHILD SUPPORT ENFORCEMENT with an arrearage amount of $1,220.00 again requesting aforementioned payment stating, "Failure to pay your (alleged) child support obligation will result in one or more of the following actions: professional license or driver's license suspension, passport denial, tax refund intercept, lottery intercept, bank account seizure, and/or a summons to appear in court." (See Exhibit G) in violation of Federal statues.

7. On November 8, 2012, Petitioner received a NOTICE OF (DRIVERS LICENSE) SUSPENSION-CSE (dated November 7, 2012) from ANNE ARUNDEL COUNTY OFFICE OF CHILD SUPPORT ENFORCEMENT via MV A (Maryland Motor Vehicle Administration) which (under coercion and duress) threatened to SUSPEND Petitioner's "Alleged" driving PRIVILEGES on November 27,2012 "for failure to COMPLY with a court order for child support payments (See Exhibit II) in violation of Federal statues.

8. Pursuant to Article llI, Section II of the United States Republic Constitution Judicial Authority is only vested in the Supreme Court or a lower court which has a "Certified Delegation of Authority Order". For the record, on the record, and let the record show Petitioner request the following forward a copy of the ANNE

ARUNDEL COUNTY CIRCUIT COURT, WENDY A. WEEKS, BALTIMORE

COUNTY OFFICE OF CHILD SUPPORT ENFORCEMENT, ANNE ARUNDEL

COUNTY OFFICES OF CIDLD SUPPORT ENFORCEMENT, and MV A's

certified Delegation of Authority Order confirmed by Congress as a lawful and formal Discovery establishing jurisdiction.

–  –  –

Federal statues guarantee (to the Petitioner) protection of his rights to be free from unlawful child support or any kind of garnishment.

Furthermore, these statues guarantee protection (to the Petitioner) from having "imputed income" orders.

That, child support is a civil matter and there is no probable cause to seek or issue body attachment, bench warrant, or arrest in child support matters because it is a civil matter.

The use of such instruments (body attachment, bench warrants, arrests, etc) presumably is a method to "streamline" arresting people for child support and circumventing the Fourth Amendment to the United States Constitution, and is used as a debt-collecting tool using unlawful arrests, imprisonment, etc. to collect a debt or perceived debt.

The arrest of non-custodial parents in which men make up significant majority of the "arrestees", is "gender proflling", "gender biased discrimination" and a "gender biased hate crime" in that it violates the Equal Protection Clause of the Fourteenth Amendment.

Under U.S. v. Rylander ignorance of the order or the inability to comply with the child support order, or as in this case, to pay, would be a complete defense to any contempt sanction, violation of a court order or violation of litigant's rights.

A man, pursuant to the Equal Protection Clause of the Constitution of the United States, cannot be arrested in a civil matter as a woman is not.

When a citizen is attempting to enforce the Constitution, as herein shown, he is doing so "not for himself alone but also [for others] as a 'private attorney general' vindicating a policy that [the Constitution writers] considered ofthe highest priority." Newman v Piggie Park Enterprises, 390 US 400; 88 S Ct 964, 966; 19 L Ed 2d 1263, 1265 (1969); Oatis v Crown Zellerbach Corp, 398 F2d 496, 499 (CA 5, 1968); and Jenkins v United Gas Corp, 400 F2d 28,33 n 10 (CA 5,1968).

There is no escaping the fact that there is no probable cause in a civil matter to arrest or issue body attachment. "Probable cause" to arrest requires a showing that both a crime has been, or is being committed, and that the person sought to be arrested committed the offense. U.S.C.A. Const. Amend. 4. In the instant case, no probable cause can exist, because the entire matter has arisen out of a civil case.

Therefore, seeking of body attachment, bench warrant, or arrest by said agencies, and/or issuing of the same by the court, in this civil case would be against the law and the Constitution.

Every U.S. Court of Appeals that has addressed this issue, has held that child support is a common, commercial (and civil) debt, See, U.S. v. Lewko, 269 F.3d 64, 68-69 (Ist Cir.

2001)(citations omitted) and U.S. v. Parker, 108 F.3d 28, 31 (3rd Cir. 1997).

Allen v. City of Portland, 73 F.3d 232 (9th Cir. 1995), the Ninth Circuit Court of Appeals (citing cases from the U.S. Supreme Court, Fifth, Seventh, Eighth and Ninth Circuits)"by definition, probable cause to arrest can only exist in relation to criminal conduct; civil disputes cannot give rise to probable cause"; Paffv. Kaltenbach, 204 F.3d 425, 435 (3rd Cir. 2000) (Fourth Amendment prohibits law enforcement officers from arresting citizens without probable cause. See, Illinois v. Gates, 462 U.S. 213 (1983), therefore, no body attachment, bench warrant or arrest order may be issued.

If a person is arrested on less than probable cause, the United States Supreme Court has long recognized that the aggrieved party has a cause of action under 42 U.S.C. §1983 for violation of Fourth Amendment rights. Pierson v. Ray, 386 U.S. 547, 87 S. Ct. 1213 (1967).

Harlow v. Fitzgerald, 457 U.S. 800, 818 (there can be no objective reasonableness where officials violate clearly established constitutional rights such as-a) United States Constitution, Fourth Amendment (including Warrants Clause), Fifth Amendment (Due Process and Equal Protection), Ninth Amendment (Rights to Privacy and Liberty), Fourteenth Amendment (Due Process and Equal Protection).

Scheuer v. Rhodes, 416 U.S. 232,94 S.CT. 1683, 1687 (1974) "When a judge acts as a trespasser of the law, when a judge does not follow the law, the judge loses subject-matter jurisdiction and the judges' orders are void, of no legal force or effect.

The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S. CT. 1683, 1687 (1974) stated that when a state officer acts under state law in a manner violating the Federal constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the Unites States."

[Emphasis supplied in original]. By law, a judge is a state officer. The judge then acts not as a judge but as a private individual (in his person).

Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401, 3 L. Ed. 2d 5 (1958)

The U.S. Supreme Court, in Cooper v. Aaron, 358 U.S. 1 (1958) held that the states were bound by the Court's decisions and had to enforce them even if the states disagreed with them. State government officials are bound to comply with Supreme Court rulings and court orders based upon the Supreme Court's interpretation of the Constitution.

Moreover, since public officials are required to swear an oath to uphold the Constitution (as per Article VI), for these same officials to ignore the Court's precedents is equal to a violation of that oath. Even though education is the responsibility of the state government, that responsibility must be carried out in a manner consistent with the requirements of the Constitution, particularly the Fourteenth Amendment.



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