Professional Documents
Culture Documents
No. 10-1594
PAUL L. MUCKLE,
Plaintiff- Appellant.
V.
UNITED STATES OF AMERICA,
PRES. BARACK H. OBAMA, PRES. GEORGE W. BUSH,
TIMOTHY GEITHNER, HENRY M. PAULSON JR., WILLIAM H.
DANOLDSON, THE GOVERNORS OF ALL 50 STATES, ET, AL.
Defendants, Appellees
Now comes Paul L. Muckle, Muckle pro se, on behalf of the Appellants and
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mention cases for purpose of briefing and oral argument. The Appellant(s) also request
dismiss the Appeal based on the purported immunity afforded them by the
unconstitutional Eleventh Amendment. Yes, this appeal does seek to challenge the
national crisis that is wreaking havoc on the livelihood of all the residents in all the fifty
states in the Union. Muckle also states that the motions of Attorney Goar, and especially
that of Attorney Sean Higgins, contains nothing but a whole lot of weeping, wailing and
gnashing of teeth; the cry of a fox caught up in his own pit and pity. Now Muckle shall
send those tears back from whence they came and bind the foxes some more. As reasons
1. The issue of whether the two cases should be joined in appeal and perhaps in trial
is a matter as simple as that of the Principal and the Agent. The governments,
both the federal and states are the Principal which hired/licensed Wall Street, the
private sector to handle the financial affairs of the government and the people of
the United States of America. When the agent commits fraud because the
Principal turned a blind eye and failed to regulate his agent, and when the
Principal fails to give the agent a direct order to cease and desist and to correct
his mistakes, then the only other option is to hold the Principal liable alongside
his agent. The federal government and the governments of all the fifty states gave
the Banksters license and permit to operate in and across the borders of all fifty
states. The federal government and the governments of all fifty states were
responsible for regulating the Banksters and responsible for protecting our
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national treasures, our taxes, our pensions and retirement funds, and our
investments from these Banksters. The federal government and the governments
of all fifty states are responsible for preventing the Banksters from unlawfully
foreclosing on the property of the people when the governments themselves have
gone on the record and accused the very mortgage lenders and Wall Street
investors of committing fraud against all the people in order to get those very
2. Both states and federal government are too tightly wrap up in bed under the
covers with the mortgage and financial industry to be able to effectively go after
these Banksters and bring them to justice for their ills against all the people. If the
governments were to go after the banks, the banks will just turn around and say
that they did nothing illegal because it was the government that allowed them to
operate and run rampant the way they did; and they would be right. The
government cannot go after these banks because they are too closely embedded
together. Therefore, the First Circuit Court should not intervene on behalf of the
governments nor the Banksters and separate the cases. The First Circuit Court is
means, in essence, that since both parties are equally at fault, the court will not
involve itself in resolving one side's claim over the other, however, I am now
using it in the context that the court should not involve itself in separating the
Principal from the Agent, they are both at fault and must be bind together. It is the
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3. Havent anyone figure out the matter as yet? Paul L, Muckle is not seeking to
accountability and that liability be established on behalf of all the people. There is
a Gulf Course Fund for the oil well flood, what of the fund for the financial
tsunami? I do not hear anyone crying for that, no, they care more about fishes,
marshes, and their habitat, than they care about people, their financial wellbeing,
4. In addition, here is an irony, Attorney Sean Higgins argues that the two cases are
not related in anyway, yet his clients, Wells Fargo and SG Mortgage were the
beneficiaries of about $30 Billion in bailout with of our tax dollars. That is part of
France. SG Mortgage, a foreign corporation committed fraud and help caused the
destruction to the American economy and harm to the financial wealth and
stability to the people, yet this foreign corporation, which Attorney Higgins
defends to his own detriment, was able to receive $30 Billion from our treasury,
Mullins Riley & Scarborough LLP. Just look at his title, he is a former
government official whose firm has now come to the rescue to defend
Wall Street and the Banksters against the American people who he
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6. Philip Lader, former administrator of the Small Business
Kingdom, is a senior partner at the law firm of Nelson Mullins Riley &
official whose firm has now come to the rescue to defend Wall Street
and the Banksters against the American people who he once served.
Shame, shame.
senior partner at the law firm of Nelson Mullins Riley & Scarborough
firm has now come to the rescue to defend Wall Street and the
shame.
official whose firm has now come to the rescue to defend Wall Street
and the Banksters against the American people who he once served.
Shame, shame.
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9. David E. Dukes, managing partner, in the lobbying department at the
law firm of Nelson Mullins Riley & Scarborough LLP. His Department
10. The point being, the law firm which is arguing the loudest that the
defendants, is the very firm which has former government official who
are the ones defending the banks. What more cozy relationship could
there be? What more reasons to join the two cases? Is no one curious to
know why such a high powered former government officials have come
to the rescue of the Banksters who their very government said robed
all the people? What a contradiction! The government says the banks
committed fraud and robbery, and the ones who has stepped up to help
Very intriguing indeed. These guys have no shame. When they were
running for public office, they begged the American people to trust
them and vote for them, but now that they are out of office, and they
no longer need our votes and support, they have gone over to the other
side. Now we see whom they had truly worked for all along, the
more proof of the revolving doors of corruption that controls the United
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11. What more reasons for a joinder than the fact of who are representing
who still enjoys close contact and access to the government. They have
12. The relationship between Wall Street, the Mortgage Industry and the federal and
solely responsible for the economy and prosperity of the American people. The
governments are sole responsible for licensing and regulating Wall Street. The
government and Wall Street are bind to each others survival and the survival of
the American society as much as a child and its mother are bind by that umbilical
cord.
13. The federal governments and the states governments have gone on television and
accused the banks and investor defendants of cheating and robing all the people,
then these governments then went and supported and gave our tax dollars to bail
out the thieves, then these governments told the Banksters to give the people loan
modification. The Banksters laughed at the governments and instead gave their
employees million dollars bonuses and took luxury trips and threw lush parties
with our money. Yet the government stood and did nothing but pay lip service to
the masses. They allow the Banksters to run rampant through our neighborhoods
like neutron bombs, killing all the people and leaving empty houses standing.
14. Therefore, the point being, the Banks and investors would not have been able to
do as they please and destroy the United States economy if the federal and state
governments had being doing their duty and enforcing the laws and regulating the
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banks and Investors. So you see, it is a matter a simple as that of the Agent and
the Principle; the agent cannot run rampant unless the Principle allows him too.
Therefore, if you complaint to the Principle about the crimes and violations of the
agent, but the Principle fails to take action and the agent refuse to cease and
desist, and you have no power to stop him, and the courts wont intervene, then
there is only two other choices left; exercise our Second Amendment Rights and
take up arms against these foreign Banksters to stop them, or sue the Principle and
bind him with his agent to force him to get up out of the Banksters pockets and
help the people. I am not going to mince words. I have no fear of what may come
of it. However, I tell you one thing, give me Liberty or give me death, no foreign
Bankster is going to waltz onto my turf and unlawfully take away my home. I
have chosen the latter option. It is now the First Circuit Courts move.
15. Now here is the reason why this Honorable Court must cast the defendants motion
and unconstitutional legal mumbo jumbo into that bin where they truly
belongs, and give thought and consideration to this simple laymans wisdom. The
one and only reason why I filed a lawsuit against the federal and state
governments is simple. From April 2007, up till the district court dismissed the
case, I ran to the various federal and state governments and agencies, showing
them the evidence I was uncovering about the massive mortgage and financial
fraud that was rearing its menacing head and threatening the very survival of the
16. I went to the FBI and gave them evidence, they promised to investigate, when I
called back to check up on the progress, the agent hanged up the phone in my face
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after rudely telling me not to call back, they would contact me when they were
ready. I went to their office with documents of fraud in August and October of
17. Next I went to the United States Attorney Office in the federal courthouse
if we were both aliens from outer space. She had no clue whatsoever about what I
was talking about. She knew nothing about mortgage fraud. The situation was so
embarrassing that I took up my papers and ran out of there. People was about to
lose their homes by the millions, and the government had no clue. I tried to warn
18. As soon as I left The U.S Attorneys office, I ran straight down to the district
court and demand to see Judge Woodlock and refused to leave until I saw him. I
had to show him the evidence. Within two hours of my request, I was granted an
emergency audience with the then Honorable Judge Woodlock. Upon seeing
the evidence, that very same Judge Woodlock agreed that it was fraud, and he
agreed that what I was uncovering could get me into a lot of trouble. He instructed
that would hint to the defendants of what I was uncovering and that could get me
hurt. He instructed me to go to the FBI and show them what I had showed him.
Yes people, that very same Judge Woodlock who has now become insincere was
the very one who spurred me on to fight this case, he instructed me to re-file my
complaint. It is all on the transcripts of the federal court dated, August 17, 2007.
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19. However, it did not end there; I informed Judge Woodlock that this fraud
perpetrated was not only against the plaintiff alone but also against millions of
Americans who were on the verge of losing their homes if the court or
government did not do something to stop it. Despite the evidence I gave him
which showed that the mortgage and financial fraud perpetrated against the
American people would cause our economy to collapse, the judge basically told
me that it was a dog eat dog world and that I could not fend for anyone elses
bone by my own. He wanted me to let whom was dying die, and who were
starving starve; he was not going to feed them or allow me to share my good
20. Then on August 28, 2007, the hearing transcript says it all. On that day, after the
case was call for a hearing on my motion for injunctive relief, and the
introductions were made, the very first words that came out of the then
Murphy for the defendants went almost as follows, There have been violations.
Then the judge right there and then ORDERED the defendants to modify the loan
and give us a lower payment. It is all on the transcripts let them be read!
21. Therefore, the then Honorable Judge Woodlock, recognizing fraud when he saw
it, and applying the rule of law where it was appropriate, placed the defendants on
notice that there would be liabilities if the defendants were to foreclose on and sell
the plaintiffs home. What has changed since? Certainly not the evidence, certainly
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22. It goes on. After the judge ordered the defendants to modify the loan, I asked the
judge to order the same for every American who was also the victim of the Great
Subprime Loan Fiasco. He refused, stating that I had no standing to fend for
others, to look out for myself. He basically said, Muckle, your feet is just too big
23. Next, I began to spread the evidence of massive fraud in the mortgage industry all
over the internet. I sent video tapes and written document to President Obama, to
members of Congress and the Senate. I called up the Center for Responsible
Patrick. I send evidence to everyone who allowed me to send it and those who
would not. Those who agreed to look at what I send suddenly disappeared after
they read or saw it. No one wanted any part to do with what I was proposing; to
free the people from the hands of the financial oligarch who was running our
government and the people from behind the scenes with their checkbooks. It was
as if everyone was afraid that Muckle had brought on the bubonic plague. No one
wanted to help all the people, they all told Muckle to look out for himself. Some
24. Now!- what have we here that Muckle should be as a home grown slave, an
Uncle Tom who would discover that the Master had been cheating him and all the
people all the time, but when he catches the master red-handed, the master tries to
appease him with settlements and briberies in return for him sweeping the
evidence under the rug; thus allowing the master to keep robbing all the people
and tossing them out into the streets, while Muckle take the cash bribes they
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offered him and the only $100 monthly mortgage payments he would be making
25. My respond to their offers of bribery and settlements went as follows, By the
will of MY GOD, and on the grounds of the Federal Truth In Lending Act,
TILA, the federal Home Ownership And Equity Protection Act, HOEPA, and
MGLc. 183C, also known as the Predatory Home Loan Practices Act, and the
federal Trade Commission Act, the plaintiffs now officially rejects any offer of a
hundred million dollars to settle and make the case go away. We do not have
the power to prosecute you in criminal court, but we will surely prosecute you in
the civil court. You will not pay your way out of this one. Money is not the
motivating factor here. MY GODS will is being done. Read it! ( page 6
26. Now the point being, I went to the government seeking help for all the people and
the governments respond was to ignore me and tell me that either they could not
help me to help the people, or that I should forget about everyone else and look
out for myself. I am a human, I have compassion, would it not make me even
more evil than these banksters if I was to accept their bribes and settlements and
allow them to keep robing all the people while my children and I live easy?
Banksters, Give all the people a loan modification, because if you dont, and
they find out what these Banksters had done to them, it would be terrible for the
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industry, because they would feel the peoples wrath. They all ignored me. So
27. I made one last warning, Give all the people a loan modification, because if you
do not, I will give them the evidence that you cheated them, and then they will
take their houses clean away from you. Again I was ignored as if I was some
annoying fly to be shooed away. However, I did not immediately carry out my
threat by releasing the evidence; instead I decided to give them one last chance by
filing a motion to join multiple defendants and multiple plaintiffs. That motion
was not granted, so I decided to take tact. I realized that the only way that the
American people would ever get any justice is if I was to somehow tie the
governments into the pit with the Banksters, then it would be every man for him.
The day the two cases get join and a trial date set, would be the day that America
28. My whole tactic was not to sue the government but rather to force them to go after
the banks and stop them from stealing the peoples home, taxes, investments, and
retirement funds. But instead of standing up and doing what is just and
change, and Governor Duval Patrick and all the other governors and congress and
senate people sat silent and allow the judge to swat me down like that pesky fly I
mentioned earlier. Funny thing about a black fly is that if you are eating and a
black fly buzz you and you try to swat him down, make sure that you get him with
your first swat because if you hit that fly and not knock it down completely, it will
come back and deliberately land into your food, whether to die or to defy you. It
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is its way of telling you, you want all the food, you gonna get none of it at all. It
is a quite intriguing observation, try it. You could learn a lot from a fly
29. The law states. Any violation of the Truth In Lending Act, regardless of
Lending Regulation Z,
Section 226.1 et seq., 15 U.S.C. Sections 1700; Truth In Lending Act Section 130
(a, e); 15 U.S.C Section (a, e) In Re: Steinbrecher. 110 Br. 155, 116 A.L.R Fed.
881. Once Creditor violates the Truth in Lending Act, no matter how technical
the violation appears, unless one of the statutory defenses applies [the] court has
30. According to the Truth in Lending Law, so long as the lender has violated any of
the TILA rules, no judge in the land have the authority to dismiss a complaint
against that lender and allow them to foreclose on the property in question. Is
anyone paying any attention to these laws, which they have sworn to uphold and
make laws to secure themselves, but they do not enforce those very same laws,
but turn their faces the other way when it is the big guys and moneymen who
breaks them, but pounces on the poor and defenseless whenever they transgress.
31. Furthermore, when Judge Woodlock granted the motion for Injunctive Relief, he
went on record saying that the lawsuit was not frivolous and that the plaintiffs had
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a shot at prevailing at trial; the very same trial which he himself has now denied
to the plaintiffs, the very same trial which the Appellate Court promised plaintiffs
would have a chance to prove their case when the plaintiffs appealed the decision
happened too those promises? What has changed since? Certainly not the
evidence. Based on the evidence before him and his actions leading up to now,
one should really begin to seriously question Judge Woodlocks knowledge of the
Truth In Lending Laws, or perhaps his integrity. The evidence does not match his
opinion; in fact, it is the total opposite and could not be any further to the extreme.
32. The dignity and stability of government in all its branches, the morals of the
people and every blessings of society depends upon an upright and skillful
administration of Justice. John Adams, 1776. Those are the words permanently
etched into the wall as you approach the entrance to the Joseph Moakley federal
have ever taken notice of them, much less overstand their significance. If you
ask them, they will tell you that they do understand it. Of course they
understand it; its meaning is above their heads and they are beneath it... Why
else would they be trying so desperately to stop Muckle from seeking Justice for
ALL THE PEOPLE? The two lawsuits at issue here do convey the meaning of
those words. The ENTIRE purpose of the lawsuits is to hold all the branches of
government, both the public and the private sectors, the Banksters, feet to the very
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33. All I ever asked was for them to do good. I came to the house of justice seeking a
few good men who would see it from a laymans point of view, and put the rules
of man aside and pick up the rules of moral and ethics, and stand up for all of the
people who are being victimized every day by the failed economic policies of the
government and the Banksters they put in charge of the Peoples Forty Acres and
a Mule. Never have that phrase meant so much because that is exactly what our
homes have become; mules for Wall Street Banksters to ride all over the worlds
market until they break ours and our mules backs. However, in my desperate
search for a few good men who would have the audacity to stand up and set their
faces against this great evil, all I found was one, that Honorable One in Brockton
Superior, The Honorable Judge Jeffrey Locke who put people before Banksters
and Corporation. He is a true American Hero. He has stored up some good virtues
for himself.
34. Justice is but TRUTH in action. Louis D. Brandeis, 1914. Those words greet
you as you approach the stairway to the second floor where the First Circuit Court
Of Appeals. Though one may be able to enter the building without first being
confronted by the words of John Adams on the exterior, they would not be so
fortunate to escape the echo of Mr. Brandies. Should that be the case, then it
would not be hard to guess that that individual did not enter that building to seek
35. The point of the quotes in paragraphs 24 and 25 is to illustrate the following. In
both lawsuits, at no time have the Appellants ever asked anyone for anything,
except to ask the district court judge to prevent the Banksters from stealing my
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childrens inheritance before we had a chance to get to a jury. All the Plaintiffs-
Appellants ever asked for was a fair chance to prove to a jury of their peers that
laws were broken, injury was sustained, and that the defendants are at fault and
should be held accountable to ALL of the American people who have suffered
because of the failed economic policies of the government, and the Banksters they
36. A judge has the authority to grant a motion for summary judgment ONLY in the
event that there are no material issues in dispute that would merit a trial. Of
course, a less than prudent judge may pick and choose which issues to address
with the intentions to come out at the desired outcome. However, when the
plaintiff has raised several substantial issues meriting a trial, and the judge pick
and choose to address the issues which he feels goes against the plaintiff, while
deliberately ignoring the actions of the defendants in the transaction, then that
judge have no right to tell the First Circuit Court what issues they should or
should not review, and the Banksters and their attorneys have no right to tell the
First Circuit Court what issues they should review, and the First Circuit Court
37. If the First Circuit Court was to go along with Judge Woodlock and the Banksters
and restrict the freedom of the debate by restricting what I can or cannot address
in the appeal, how will they ever be able to arrive at truth? Would not ignoring all
the evidence cause one to come out at the same unprecedented and out of this
world opinion such as that of Judge Woodlock? How would the First Circuit
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Court ever arrive at truth if they chose to only look at what was dictated to them
by the almighty Judge Woodlock and what the defense wishes? Is that Justice as
Truth in action? What have we here then, should My Lord send a lightning strike
to erase the inscription etched into the walls of the court building? The
Touchdown Jesus statute in Ohio was not immune; My Lord is not impressed by
38. Therefore, in this present situation where the district court judge cast Truth in
Action aside and picked and choose what issues his misconception told him
would seal this case forever in favor of the defendants, then in the interest of
Justice and the Stability of the government in all its branches, and the moral of
the people the First Circuit Court have no ethical choice but to (a), cast the
district courts unprecedented opinion and rulings aside and look at this case de
novo, as if it had never been looked at and ruled upon. and send it back to the
district court with instructions on the issues to be tried, or (b), reverse the judge
and send the case back with instruction to conduct its own evidentiary hearing to
39. Not that it matters which singular issue the plaintiffs are allow to bring to the
court, we will win if the court is fair and honest; I want all of the issues on the
table because Attorney Sean R. Higgins and these Banksters need to be taught a
lesson. Can any man stand up against Creation? Is not The Creator the symbol of
TRUTH? Therefore, If Justice is but Truth in action, how can any man stop that
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40. As to the subject of the right to sue the states, without giving too much away, I
have the secrets on how to overturn and repeal the Eleventh Amendment and give
the Federal Court back the Power and Authority granted it by the founding fathers
at the time of the inception of the United States Constitution. However, the
federal court will never enjoy the luxury of that power again unless it gives me a
fair shot at granting it back to them. I know I will win that war if they do not
restrict the battlefield. Give me a shot at arguing this, and I will not disappoint.
These renegade states must be reign in and held accountable for their ills against
41. When it comes to their own political fortune, these renegade states official love to
claim sovereignty, but when it comes to the other states licensing corporations to
conduct the peoples financial affairs, and the other states granting these
corporations the rights to cross over into their borders unchecked and unregulated
to commit financial crimes against the citizens in the rest of the Union, these
states do not hold the offending state accountable, they just sit silent and allow
42. Did Massachusetts hold California accountable for allowing the defendant
Fremont Investments & Loans to operate across state lines unchecked and
Did Massachusetts go after New York for failing to regulate the defendant SG
Mortgage Security Backed Assets? What about the defendant Wells Fargo and
The American Servicing Company? Each one of these defendants has its home
office in a totally different state, they have caused destruction to the economy of
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Massachusetts and the other 50 states in the Union, yet no states is looking out for
its citizens best interest and hold the offending states accountable. So what have
we here then that a citizen who has seen the Light will not stand up and set his
face against such an evilous system? When all the fifty states in the Union allow
the corporations they are supposed to regulate to run rampant and commit
financial crimes to the detriment of all the people, and these very same states, or
the people of these other states fails to take action, then under the United States
Constitution, in its True and Original form, any citizen of any states has the
standing to seek redress against all of the states in the Union in a federal court of
law. Give me the fair opportunity to brief and argue the matter and I will prove
this.
43. Furthermore, the United States Supreme Court does support cases of citizens
against other states where it is inconceivable that any other government or any
other person would bring any such suit. I have searched; I have not found any
such suit. So what have we here then, is the Supreme Court support for action
against the other states only for some selective suit where the plaintiff does not
44. Furthermore, the cases against the federal government and the states have been
joined! The citizens of the United States of America from all across the Union
have signed a petition asking the district court to allow them to join in the suit.
The Motion was drafted and the petition placed on line months before the judge
dismissed the case. He dismissed the case as I was about to file the motion.
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45. The motion by the people of the United States of America to be allowed to join in
the suit against the federal and states governments along with the signatures
collected are attached for the courts consideration. It is not just Paul Muckle and
Irene Wood alone now. (See attachment, petition with list of signatures)
46. The defendants motions to restrict the issues to be briefed, and to restrict which
defendants has to answer to what and which defendants can be sued, is nothing
but an attempt at obstruction of Justice In Action All I ever asked for was a
fair chance to prove the matter. I have never asked anyone to give me the house or
anything else. All I ever asked for was for the courts protection until I can prove
my case; but even that protection was denied me by the houses of justice,
including this court. Had it not been for My Lord on my side they would have
47. As to attorney Sean Higgins allegation that Muckle want to delay this case, this is
Muckles respond, can the Court please schedule the briefs to be filed the day
after reading this and schedule oral arguments to begin on the very next day after
the filing? I am very anxious to end this battle; I have a bigger one to wage. I have
the devil in London to go capture and bind. He is the cause of the worlds
48. . As My Lord like to say, if you gonna try and change the world, then you cant
be afraid to throw everything out on the table. If want the people to rebel, then
you got to tell them what it is they are rebelling against, and if you expect them to
rebel then you got to take the lead and rebel first. I have rebelled Your Honors, I
cannot tell you how to rule and decide, Personal Responsibility is the only way
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America and the rest of the world will ever escape their present precarious
situation. All the plaintiffs and the American people ever asked is for you guys to
protect us all from these banksters until we have the fair and justifiable
Responsibility, I will not beg this Court to grant me any favors as to how these
appeals are handled. Let Justice be the voice and motivator of those who claim to
Respectfully Submitted,
_______________________________
Union.
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