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022011 Refusal for Kennedy

022011 Refusal for Kennedy

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Published by rodclassteam

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Published by: rodclassteam on Apr 03, 2011
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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIADavid –Lee; Buess&Rodney –Dale; ClassPetitioners Creditors Civil Action
The Petitioners David –Lee; Buess & Rodney –Dale; Class witha
REFUSAL AND A DEMAND FOR JUDGE HERNY .H. KENNEDY TO STEPDOWN OFF THIS CASE FOR BIAS AND PREJUDICED.The Petitioner will point out that Judge Henry H. Kennedy and the defendantsand their agents has failed to disprove any of the Petitioners Facts in Law, Acts of Congress, U.S.C.., CFR, Statutes at Large, Court decisions, Regulation, Procedures andetc. Judge Henry H. Kennedy and defendants and their agent’s failure to dispute theseRules of Law and Act of Congress when they had Judge Henry H. Kennedy dismiss thiscase in September 2nd of 2010 to cover up their violations upon the petitioners and the
2America people. This is just cause to validate the Rule 60 claim of FRAUD and haveJudge Henry H. Kennedy removed.
5 U.S.C. § 556 : US Code - Section 556: Hearings; presiding employees; powers andduties; burden of proof; evidence; record as basis of decision
(d) Except as otherwise provided by statute, the proponent of a rule or order has theburden of proof. Any oral or documentary evidence may be received, but the agency as amatter of policy shall provide for the exclusion of irrelevant, immaterial, or undulyrepetitious evidence. A sanction may not be imposed or rule or order issued except onconsideration of the whole record or those parts thereof cited by a party and supported byand in accordance with the reliable, probative, and substantial evidence.The agency may, to the extent consistent with the interests of justice and the policy of theunderlying statutes administered by the agency, consider a violation of section 557(d) of this title sufficient grounds for a decision adverse to a party who has knowinglycommitted such violation or knowingly caused such violation to occur. A party is entitledto present his case or defense by oral or documentary evidence, to submit rebuttalevidence, and to conduct such cross-examination as may be required for a full and truedisclosure of the facts. In rule making or determining claims for money or benefits or applications for initial licenses an agency may, when a party will not be prejudicedthereby, adopt procedures for the submission of all or part of the evidence in writtenform.Judge Henry H. Kennedy has and has allowed the defendants and their agents toviolate the Bill of Rights of the federal constitution on the Petitioners. By doing so hasshown he is bias and prejudiced and Judge Henry H. Kennedy has wiliness to over Rulethe Civil Rights Case of 1883
109 U.S. 3 U.S.CT. This is a clear cut case that JudgeHenry H. Kennedy has no intention of protecting the civil right of the black America or the white America in his court. Judge Henry H. Kennedy has shown act of treason under 18 USC 2381, 1918, 1346, 241, 242 and under Title 10 section 333
3 The defendants and their agents claimed jurisdiction under 28 USC 1442 knowingthe proper jurisdiction should have been 28 USC 1346 this is Fraud by claiming thewrong jurisdiction as Attorneys. Judge Henry H. Kennedy was required to dismissing thedefendant’s claim of action because of wrong jurisdiction. Judge Henry H. Kennedyfailed in his duties to up hold the integrity of the federal district office. Judge Henry H.Kennedy failed to address or answer any of the Petitioners objection or the motion for injunction relief and motion for clarification of language.The Petitioners will now set the jurisdiction under 28 USC 1346 to have this caseheard.TITLE 28>PART IV>CHAPTER 85> § 1346
§ 1346. United States as defendant
(a) The district courts shall have original jurisdiction, concurrent with the United StatesCourt of Federal Claims, of:(1) Any civil action against the United States for the recovery of any internal-revenue taxalleged to have been erroneously or illegally assessed or collected, or any penalty claimedto have been collected without authority or any sum alleged to have been excessive or inany manner 
wrongfully collected under the internal-revenue laws
§ 1343. Civil rights and elective franchise(a) The district courts shall have original jurisdiction of any civil action authorized by lawto be commenced by any person:(b) For purposes of this section— 

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