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WA - Stephenson|Leaming - 2012-09-10 - Magistrates Report & Recommendation to Dismiss

WA - Stephenson|Leaming - 2012-09-10 - Magistrates Report & Recommendation to Dismiss

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Published by Jack Ryan

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Published by: Jack Ryan on Oct 16, 2012
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01/23/2013

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 REPORT AND RECOMMENDATION - 11234567891011121314151617181920212223 UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTONAT SEATTLEDAVID CARROLL STEPHENSON,
et al
.,Plaintiffs/Petitioners,v.ERIC HOLDER,
et al
.,Defendants/Respondents. Case No. C12-1090-RSL-JPDREPORT AND RECOMMENDATIONINTRODUCTION AND SUMMARY CONCLUSIONPlaintiffs/Petitioners David Carroll Stephenson and Kenneth Wayne Leaming havesubmitted to this Court for filing an action which purports to be both a civil rights action and afederal habeas action. The instant action arises out of a federal criminal action currently pendingin the Tacoma Division of the United States District Court for the Western District of Washington. Plaintiffs/Petitioners appear to assert in their pleadings that they are beingunlawfully restrained because the United States Attorney has no authority to prosecute them.They appear to further assert that this court has no subject matter and/or in personam jurisdiction
Case 2:12-cv-01090-RSL Document 20 Filed 09/10/12 Page 1 of 3
 
 REPORT AND RECOMMENDATION - 21234567891011121314151617181920212223in the criminal matter because the district court is not a properly constituted Article III court.Plaintiffs/petitioners seek release from custody, dismissal of all charges, and damages.This Court, having reviewed the pleadings, concludes that this action should be dismissedprior to service pursuant to 28 U.S.C. § 1915A as plaintiffs/petitioners have identified no viableground for relief.DISCUSSIONPlaintiffs/petitioners have been indicted in this district and are currently confined at theFederal Detention Center in SeaTac, Washington where they are awaiting disposition of thecharges filed against them. They have filed this separate action to challenge the validity of theircurrent confinement. In their original pleading, which was identified as a complaint for damagesand for declaratory and injunctive relief, plaintiffs/petitioners assert that they are being“concealed under fictitious names,” apparently because their names appear in all upper caseletters on official documents including the orders pursuant to which they are detained. (
See
Dkt.No. 6.) They appear to further assert that Congress did not delegate to Article III Courts jurisdiction over criminal matters. (
See id 
.)Finally, plaintiffs/petitioners assert that all pleadings filed by the United States Attorneyin this court are fraudulent, and therefore void, because the United States Attorney has not beenlawfully appointed. (
 Id 
.) More specifically, plaintiffs/petitioners argue that President Barack Obama is not a natural born United States citizen and therefore does not lawfully hold the officeof president. Because Mr. Obama does not lawfully hold office, he cannot appoint an AttorneyGeneral;
i.e.
, Eric Holder, and Mr. Holder therefore cannot lawfully delegate authority to anyUnited States Attorney.
Case 2:12-cv-01090-RSL Document 20 Filed 09/10/12 Page 2 of 3

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