To be used if a judgment has already been rendered against you !

IN THE COURT OF

THE STATE OF _________ CASE #_________________

FICTITIOUS FOREIGN STATE

Vs JUDGE _________________

_____________________________

Non corporate entity

CONTEMPT OF CONSTITUTION - ADMINISTRATIVE NOTICE; NATURE

AND CAUSE OF WRIT OF ERROR, CORAM NOBIS; CHALLENGE OF
JURISDICTION; AND A DEMAND FOR DISMISSAL FOR LACK OF JUDICIAL
SUBJECT MATTER AND PERSONAL JURISDICTION

Now comes, ____________________ . a non corporate entity with a

CONTEMPT OF CONSTITUTION - ADMINISTRATIVE NOTICE; NATURE AND

CAUSE OF WRIT OF ERROR, CORAM NOBIS; CHALLENGE OF JURISDICTION;

AND A DEMAND FOR DISMISSAL FOR LACK OF JUDICIAL SUBJECT MATTER

AND PERSONAL JURISDICTION. The Petitioner objects to the Plaintiff filing into the

Court, and Objects to any judgment for Plaintiff's, and the court's lack of Judicial, Subject

Matter and Personal jurisdiction pursuant to 12(b)(1), (2) and 12(b)(6) failure to state a

claim upon which relief could be granted. and Pursuant the Eleventh Amendment, The

Reconstruction Act of 1867 -1868 and to FRCP Rule 4(j).

 1. This Court is defined under FRCP Rule 4(j) as a FOREIGN STATE as defined

under Title 28, JUDICIARY AND JUDICIAL PROCEDURE under USC, 1602 -1611,

FOREIGN SOVEREIGN IMMUNITY ACT (FSIA), and is being "jurisdictionally

challenged" and "full disclosure of the true jurisdiction of this Court is now being

demanded."

Any failure to disclose the true jurisdiction is a violation of 15 Statutes at Large,

Chapter 249 (section 1), enacted July 27, 1868

Chap. CCXLIX. ---An Act concerning the Rights of American Citizens in

foreign States

Whereas the rights of expatriation is a nature and inherent right of all

people, indispensable to the enjoyment of the rights of life, liberty, and the
pursuit of happiness; and whereas in the recognition of this principle this
government has freely received emigrants from all nations, and invested them
with the right of citizenship; and whereas it is claimed that such American
citizens, with their descendants, are subjects of foreign states, owing allegiance
to the government thereof; and whereas it is necessary to the maintenance of
public peace that this claim of foreign allegiance should be promptly and
finally disavowed; Thereof.

Be it enacted by the Senator and the House of Representatives of the

United States of American in Congress assembled, That any declaration,
instruction, opinion, order, or decision, of any officers of is government which
denies., restricts , impairs or questions the rights of expatriation , is hereby
declared inconsistent with the fundamental principles of this government.

2. Pursuant to Federal Rules of Civil Procedure and civil Rule of Procedure 8(a)

and 12(b)(1), 12(b)(2) and (12(b)(6) the State of _______________, Defendant

respectfully moves this Court to dismiss Plaintiffs claims against the Defendant based

on: (1) a lack of subject matter jurisdiction under the Eleventh Amendment; (2) lack of

personal jurisdiction over the Defendant because the Defendant is "Citizen" as defined in

Article III section 2 clause 1 of the Constitution; (3) lack of standing; and (4) failure to
state a claim upon which relief may be granted. Pursuant to the Eleventh Amendment to

the United States Constitution, this Court lacks jurisdiction to hear suits in law or equity

or for money damages or in Controversies between the State and Citizen of the same

State. Pursuant to Federal Rules of Civil Procedure and Civil Rule of Procedure 4(e),(f)

improper service to the defendant as the Defendant is a Citizen and protected by the 11th

Amendment. The State failed to state its complaint in this action.

3. As an America Citizen I hold the inherent right of the 11th Amendment. "The

judicial power shall not be construed to extend to any suit in law or equity"or suits (even

in controversies created by the state government or federal government) commenced

or prosecuted by a Foreign State. If this FOREIGN STATE is misusing the name of this

America Citizen by placing it in all caps or misusing the last name or using the term

person as a CORPORATION all complaints and suits against such a CORPORATION

fall under the FSIA and the DEPT OF STATE OFFICES in Washington DC. DC now has

to be notified pursuant to 22 CFR 93.1-93.2. A copy of the FSIA request has to be filed

with the complaint to the Defendants chief executive officer of that CORPORATION.

4. MUNICIPAL, COUNTY, OR STATE COURTS lack jurisdiction to hear any

case under the FOREIGN STATE definitions. This jurisdiction lies with the UNITED

STATES DISTRICT COURT under the FSIA Statutes pursuant to 28 USC 1330.

5. Because the Defendant is a non-corporate entity and is not registered with any

Secretary of State as a CORPORATION, the Prosecution has FAILED to state a claim to

which relief can be granted under 12(b)(6). Therefore this matter must be dismissed for

lack of political, personam, and subject matter jurisdiction, and Venue, and under the 11th

Amendment.
 6. The Petitioner will remind the Court, and the Plaintiff, of the Eleventh

Amendment of the Constitution. That the Judicial Power of the United States Shall NOT

be construed to extend to any suit in law or equity, (This also means, even controversies

brought in by the Plaintiff as this is in Article III, section 2, clause 1) commenced or

prosecuted against one of the United States by Citizens of another States or by Citizens or

Subject of any Foreign States .

7. The Plaintiff brought fraudulent allegation before the Court against the

Petitioner in direct violation of the Eleventh Amendment, and the fact the Court and the

Plaintiff are operating under the 1867-1868 Reconstruction Act as part of the Fourteenth

Amendment, to deny the Petitioner's protected Rights guarantee under both the

Constitution and the Military Rule of Law. Under Title 10, Section 333, the Court and the

Plaintiff are required to follow the Constitutional form of government under this section

of military law, as this is your pretense to which you claim and hold these public offices.

Any failure of the Court or the Plaintiff to uphold the Eleventh Amendment and dismiss

for lack of judicial, subject matter and personal jurisdiction over the Petitioner will cause

the Court and the Plaintiff to be found in Contempt of the Constitution, and the wavier of

your Eighth Amendment protection by your denial of the Constitution being a lawful

document.

8. The Petitioner places a prayer before the Court to dismiss this whole case

before it for lack of jurisdiction, and with prejudice. By the Actions of the Plaintiff and

the Court, both are in Contempt of the Constitution and are clearly operating under

President Andrew Johnson's fear for the people that if the Reconstruction Act was put

into place. This Court and All Courts have brought to light the true nature and cause of
how the courts fall under this Congressional Act of over 140 years ago, and under Title

50 to damage and injure the people of this country for nothing more then self gratification

and not for a real crimes.

Definitions

TITLE 10 > Subtitle A > PART I > CHAPTER 15 > 333

333. Interference with State and Federal law 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, in a State, any insurrection, domestic violence, unlawful
combination, or conspiracy, if it

(1) so hinders the execution of the laws of that State, and of the United States
within the State, that any part or class of its people is deprived of a right,
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 protect
that right, privilege, or immunity, or to give that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes
the course of justice under those laws. In any situation covered by clause (1), the
State shall be considered to have denied the equal protection of the laws secured
by the Constitution.

Corpus Juris Secundum "The Body of Law" or Legal encyclopedia, Volume 7,

Section 4: as quoted:

"Attorney & client: An Attorney's "first" duty is to the Courts (1st) and the public
(2nd), and not to the client (3rd), and wherever the duties to an attorney's client
"conflict" with those interests that he/she owes his allegiance to, as an officer of
the court in the administration of justice, the former must yield to the latter".

The biggest problem today is that the People do not know their own rights and blindly

entrust their rights to someone else.

BLACKS LAW DICTIONARY FIFTH EDITION

Foreign Court
 The courts of a foreign state or nation. In the United States, this term is frequently
applied to the courts of one of the states when their judgment or records are
introduced in the courts of another.

Foreign jurisdiction
Any jurisdiction foreign to that of the forum; e.g. a sister state or another country.
Also the exercise by a state or nation jurisdiction beyond its own territory. Long -
arm Service of process is a form of such foreign or extraterritorial jurisdiction

Foreign laws
The laws of a foreign country, or of a sister state. In conflict of law, the legal
principle of jurisprudence which are part of the law of a sister state or nation.
Foreign laws are additions to our own laws, and in that respect are called jus
receptum

Foreign corporation
A corporation doing business in one state though chartered or incorporated in
another state is a foreign corporation as to the first state, and, as such, is required
to consent to certain conditions and restriction in order to do business in such first
state. Under federal tax laws, a foreign corporation is one which is not organized
under the law of one of the states or territories of the United States. I.R.C. 7701
(a) (5). Service of process on foreign corporation is governed by the Fed. R. Civ.
P. 4 See also Corporation

TITLE 26 - INTERNAL REVENUE CODE, Subtitle F - Procedure and

Administration, CHAPTER 79 DEFINITIONS Sec. 7701.

Definitions (5) Foreign The term "foreign" when applied to a corporation or

partnership means a corporation or partnership which is not domestic."

Foreign service of process

Service of process for the acquisition of jurisdiction by a court in the United
States upon a person in a foreign country is prescribed by Fed R. Civ. P. 4 (i) and
28 U.S.C.A. 1608. Service of process on foreign corporation is governed by
Fed. R. Civ. P. 4(d) (3)

Foreign states
Nations which are outside the United States. Term may also refer to another state;
i.e. a sister state.

Foreign immunity
With respect to jurisdiction immunity of foreign nation, see 28 U.S.C.A 1602 et
seq.

Profiteering
 Taking advantage of unusual or exceptional circumstance to make excessive
profit; e.g. selling of scarce or essential goods at inflated price during time of
emergency or war.

Person
In general usage, a human being (i.e. nature person) thought by statute term may
include a firm, labor organizations, partnerships, associations, corporations, ,legal
representative, trustees, trustees in bankruptcy ,or receivers. National Labor
Relations act, 2(1). A corporation is a person within meaning of equal
protection and due process provisions of United States Constitution.

CONCLUSION

Writ of error coram nobis

A common-law writ, the purpose of which is to correct a judgment in the same

court in which it was rendered, on the ground of error of fact, for which it was
statutes provides no other remedy, which fact did not appear of record, or was
unknown to the court when judgment was pronounced, and which ,if known
would have prevented the judgment, and which was unknown, and could of
reasonable diligence in time to have been otherwise presented to the court, unless
he was prevented from so presenting them by duress, fear, or other sufficient
cause.

At common law in England, it issued from the Court of Kings Bench to a

judgment of that court. Its principal aim is to afford the court in which an action
was tried an opportunity to correct its own record with reference to a vital fact not
known when the judgment was rendered. It is also said that at common law
it lay to correct purely ministerial errors of the officers of the court.

_______________________ [LS]
 PROOF OF SERVICE

Now comes, _______________ with a CONTEMPT OF CONSTITUTION

ADMINISTRATIVE NOTICE; NATURE AND CAUSE OF WRIT OF ERROR

CORAM NOBIS & A DEMAND FOR DISMISSAL FOR LACK OF JUDICIAL,

SUBJECT MATTER AND PERSONAL JURISDICTION. To be placed in the U.S.

Mail and before the Clerk of Court of ____________________ and this day of

______________________ and month of _________________in the year of our Lord

2010 AD.

__________________[LS]

CC
 IN THE COURT OF

THE STATE OF _________ CASE #_________________

FICTITIOUS FOREIGN STATE

Vs JUDGE _________________

_____________________________

Non corporate entity

ENTRY OF JUDGMENT

This Court so ORDERS the over turn of its decision and dismissal of this case for its lack

of jurisdiction, with prejudice. All property well be returned to John Doe Smith and

reasonable damages for his / her time and injuries as the Court deems appropriate.

So ORDERED ON THIS DATE OF ______________

_______________________

Administrative Law Judge