Honorable court of record

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK 09-CR-121-S

UNITED STATES OF AMERICA ADMINSTRA TIVE NOTICE; IN THE NATURE OF WRIT

V. OF CORAM NOBIS NON JUDICE & A DEMAND FOR

SHANE C. BUCZEK, a U.S. TRUST DISMISSAL & A REVERSAL OF JUDGMENT FOR

Defendant CONVICTION FOR LACK OF JURISDICTION

shane-christopher: buczek,

third party intervener as Grantor I Beneficiary

ADMINISTRATIVE NOTICE; IN THE NATURE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR DISMISSAL & A REVERSAL OF JUDGMENT FOR CONVICTION FOR LACK OF JURISDICTION

Now comes shane-christopher: buczek a third party intervener and non corporate entity

with an ADMINISTRATIVE NOTICE; IN THE NATURE OF WRIT OF CORAM NOBIS

NON JUDICE & A DEMAND FOR DISMISSAL & A REVERSAL OF JUDGMENT FOR

CONVICTION FOR LACK OF JURISDICTION. Pursuant to FRCP Rule 4 G)

The Courts are defined under FRCP Rule 4 G) as a FOREIGN STATE as defined under

Title 28 USC 1602 -1611 FOREIGN SOVEREIGN IMMUNITY ACT (FSIA) is being

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

demanded for the record. Because this court acting is in Coram Nobis Non Judice without a

judge, jurisdiction or authority all judgment(s) are VOID pursuant to FRCP 60 Relief from

Judgment or Order; (3) set aside a judgment for fraud on the court. (4) the judgment is void.

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NOTICE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR DISMISSAL & A REVERSAL OF JUDGMENT

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

The court has failed to prove jurisdiction in this action and because it hides behind FRCP

Rule 4 U) as a foreign state it has no jurisdiction to hear or make any ruling in this action.

This Party is now demanding the return of all bond(s) and order(s) ofthe court of record to

me which were issued under fraudulent means with no lawful proof of claim and wrong

doing by these Parties.

Any failure to disclose the true jurisdiction is a violation of 15 Statutes at Large, Chapter 249

(section 1), enacted July 271868

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.

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.

09-CR-121-S

NOTICE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR DISMISSAL & A REVERSAL OF JUDGMENT

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MUNICIPAL, COUNTY, OR STATE COURT lacks jurisdiction to hear any case under

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, 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 as using the term "person" as a CORPORATION

then all complaints and suit against such CORPORATION fall under the FSIA and the DEPT OF

STATE OFFICES in Washington DC. They now have to be notified pursuant to 22 CFR 93.1 -

93.2. A copy of the FSIA has to be file with the complaint to the defendant's chief executive

officer of that CORPORATION.

the FOREIGN STATE definitions. This jurisdiction lies with the UNITED STATES DISTRICT

COURT under the FSIA Statutes pursuant to 28 USC 1330.

Because the Defendant is a non corporate entity and is not registers 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). Should be therefore this matter must be dismissed for lack

of political, personam, and subj ect matter jurisdiction, Venue and under the n" amendment.

(See Exhibit A).

Definitions

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 People do not know their own rights & blindly entrust their rights to someone else.

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BLACK'S 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.

09-CR-121-S

NOTICE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR DISMISSAL & A REVERSAL OF JUDGMENT

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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. LR.C. § 7701 (a) (5). Service of process on foreign corporation is governed by the Fed. R. Civ. P. 4 See also Corporation.

TITLE 26 w 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.

Writ of 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 and opportunity to correct it 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.

Title 18 USC has not been published in the Federal Register and the court has no authority to prosecute, try, nor sentence Shane the American man. The paper styled indictment attached and fully incorporated at this point, (Exhibit B), recites United States Code sections without Federal Regulations required by 44 USC Chapter sections 1501 et seq. Making the Titles 18,21,26 United States Code sections incomplete, incompetent to give notice of material facts to which Plaintiff could respond, void as a matter of law. Judicial Notice under Federal Rules of Evidence 201 (d) (e) (f) mandatory as to government documents. Title 44 United States Code § 1501 et seq. and Exhibit B is judicially noticed.

Writ of coram non judice

In presence of a person not a judge. When a suit is brought and determined in a court which has no jurisdiction in the matter, then it is said to be coram non judice, and the judgment is void.

http://www.law.comell.edu/uscode/44/usc_sup_01_44_10_15.htm I

TITLE 44 > CHAPTER 15

CHAPTER is-FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS

How Current is This?

• § 1501. Definitions

• § 1502. Custody and printing of Federal documents; appointment of Director

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NOTICE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR DISMISSAL & A REVERSAL OF JUDGMENT

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http://www.law.comell.edu/uscode/44/usc_sec_44_00001505----000-.html

• § 1503. Filing documents with Office; notation of time; public inspection; transmission for printing

• § 1504. "Federal Register"; printing; contents; distribution; price

• § 1505. Documents to be published in Federal Register

• § 1506. Administrative Committee of the Federal Register; establishment and composition; powers and duties

• § 1507. Filing document as constructive notice; publication in Federal Register as presumption of validity; judicial notice; citation

• § 1508. Publication in Federal Register as notice of hearing

• § 1509. Costs of publication, etc .

• § 1510. Code of Federal Regulations

• § 1511. International agreements excluded from provisions of chapter

TITLE 44 > CHAPTER 15 > § 1505 Prev I Next

§ 1505. Documents to be published in Federal Register How Current is This?

(a) Proclamations and Executive Orders; Documents Having General Applicability and Legal Effect; Documents Required To Be Published by Congress. There shall be published in the Federal Register-

(1) Presidential proclamations and Executive orders, except those not having general applicability and legal effect or effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof;

(2) documents or classes of documents that the President may determine from time to time have general applicability and legal effect; and

(3) documents or classes of documents that may be required so to be published by Act of Congress.

For the purposes of this chapter every document or order which prescribes a penalty has general applicability and legal effect.

(b) Documents Authorized To Be Published by Regulations; Comments and News Items Excluded. In addition to the foregoing there shall also be published in the Federal Register other documents or classes of documents authorized to be published by regulations prescribed under this chapter with the approval of the President, but comments or news items of any character may not be published in the Federal Register. (e) Suspension of Requirements for Filing of Documents; Alternate Systems for Promulgating, Filing, or Publishing Documents; Preservation of Originals. In the event of an attack or threatened attack upon the continental United States and a determination by the President that as a result of an attack or threatened attack-

(1) publication of the Federal Register or filing of documents with the Office of the Federal Register is impracticable, or

(2) under existing conditions publication in the Federal Register would not serve to give appropriate notice to the public of the contents of documents, the

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President may, without regard to any other provision of law, suspend all or part of the requirements of law or regulation for filing with the Office or publication in the Federal Register of documents or classes of documents.

The suspensions shall remain in effect until revoked by the President, or by concurrent resolution of the Congress. The President shall establish alternate systems for promulgating, filing, or publishing documents or classes of documents affected by such suspensions, including requirements relating to their effectiveness or validity, that may be considered under the then existing circumstances practicable to provide public notice of the issuance and of the contents of the documents. The alternate systems may, without limitation, provide for the use of regional or specialized publications or depositories for documents, or of the press, the radio, or similar mediums of general communication. Compliance with alternate systems of filing or publication shall have the same effect as filing with the Office or publication in the Federal Register under this chapter or other law or regulation. With respect to documents promulgated under alternate systems, each agency shall preserve the original and two duplicate originals or two certified copies for filing with the Office when the President determines that it is practicable.

This Party is now demanding the dismissal and reversal of judgment and the return of all

bond(s) and order(s) ofthe court of record back to me of which were issued under

fraudulent means with no lawful jurisdiction over me and with no lawful proof of claim

against me and without any lawful proof of wrong doing by me.

non corporate entity

My yea is my yea and my nay is my nay. (See authorized signature following)

In Trust,

cdMvLd /1

shane-christopher : buczeck, Grantor I Beneficiary for:

SHANE C. BUCZEK a US TRUST All rights reserved

Without prejudice

Without recourse

D"1r& IM ... "." '4U 0

PROOF OF SERVICE

Now comes with a ADMINSTRA TIVE NOTICE; IN THE NATURE OF

WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR DISMISSAL & A REVERSAL OF JUDGMENT FOR CONVICTION FOR LACK OF JURISDICTION.

To be placed before the Clerk of Court of. on this day of__ and

month of in the year of our Lord 2008 AD

______ [LS]

CC. Clerk will Serve

US ATTORNEY OFFICE

09-CR-121-S

NOTICE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR DISMISSAL & A REVERSAL OF JUDGMENT

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EXH I BIT II A"

State of New York Department of State

} ss:

I hereby certify, that a diligent examination has been made of the index of corporation, limited partnership and limited liability company certificates filed by this department for a Certificate of Incorporation or Limited Partnership or Articles of Organization for SHANE CHRISTOPHER BUCZEK & SHANE BUCZEK & SHANE C.BUCZEK INC and that upon such examination, no such Certificate of Incorporation , Certificate of Limited Partnership or Articles of Organization has been found on file with this Department.

11'>-,.,....· '~-"s . d . I a:.:

w'! . ;Y J:.) rr-:v nan _ ",nd t ie GJI tctai sea!

of the Department oj State at i'be City of Albany, this 13th day cfNooember two thousand and eight.

***

j. .~ .•

8~~

Special Deputy Secretary of State

200811140353 101

EXHIBIT "B"

THE UNITED STATES OF AMERICA

MAY 2007 GRAND JURY (Empaneled 5/04/07)

IN THE DISTRICT COURT OF THE UNITED STATES For the Western District of New York

-vs-

SHANE C. BUCZEK,

Violation:

Defendant.

Title 18, United States Code, Sections 1344 and 3147

(2 Counts)

COUNT ONE

The Grand Jury Charges that:

FROM on or about September 18, 2008, to on or about January

16, 2009, in the Western District of New York and elsewhere,

defendant SHANE C. BUCZEK unlawfully, willfully and knowingly

executed and attempted to execute a scheme and artifice to defraud

and to obtain the money, funds, credits, assets and other property

owned by and under the control of a financial institution, namely,

HSBC, NA (hereinafter "HSBCN), an institution which had its

deposits insured by the Federal Deposit Insurance Corporation.

2

THAT IS TO SAY, on or about September 18, 2008, the defendant opened a credit account at Best Buy in Hamburg, New York, which account had a credit limit of $3300 and which account was actually a VISA account with HSBC.

THEREAFTER, the defendant used the account to purchase various items from Best Buy which purchases approximately equaled the defendant's $3300 credit limit.

THEN, on or about November 13, 17, 24, 25 and 28 and again on December 2, 2008, in efforts to replenish his line of credit, the defendant contacted HSBC's "Check nirecta department to pay down his balance, each time by supplying HSBC with the routing number of Depository Trust and Clearing Corporation C"DTCCN) of New York City and an account number of an account in the defendant's name at DTCC and directing HSBC to debit that account to pay the defendant's outstanding balance.

IN TRUTH AND IN FACT, the defendant did not have, and knew he did not have, an account at DTCC, and knew that in supplying HSBC wi th the routing number for DTCC and an account number for an account at DTCC in his name, the defendant was providing HSBC with false information for the purpose, among others, of temporarily

returning his line of credit to or near to its $3300 limit so that he could make additional purchases from Best Buy.

THEN, following each instance in which the defendant supplied HSBC with DTCC's routing number and the "number" of the nonexistent account at DTCC, the defendant made further purchases from Best Buy knowing that by employing the scheme outlined above, he was enriching himself with Best Buy merchandise knowing full well that HSBC would never be paid for the defendant's purchases from Best Buy.

ALL in violation of Section 1344 of Title 18 of the United States Code.

COUNT TWO

The Grand Jury Further Charges that:

DEFENDANT SHANE C. BUCZEK was on release pursuant to an order dated March 13, 2008, from the United States District Court for the Western District of New York, Case No. 08 -CR- 54 I which order notified said defendant of the potential effect of committing an offense while on pretrial release.

3

From on or about September 18, 2008, to on or about January

16, 2009, In the Western District of New York and elsewhere, the

defendant SHANE C. BUCZEK, did commit the offense of bank fraud, in

the manner set forth in Count One of this Indictment, in violation

of Title 18, United States Code, Section 1344;

ALL in violation of Title 18, United States Code, Section

3147 (1).

DATED: Buffalo, New York, April 21, 2009.

KATHLEEN M. MEHLTRETTER Acting United States Attorney

BY: S/ANTHONY M. BRUCE

ANTHONY M. BRUCE

Assistant United States Attorney United States Attorney's Office Western District of New York

138 Delaware Avenue

Buffalo, New York 14202

(716) 843-5700, ext. 886

P-,-G_t~_cL'~my_,H ,"_Bruce@u sdc~ . C(JV

A TRUE BILL:

S/FOREPERSON

FORE PERSON

4

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