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Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500
Docket Number(s): _____________ _ ___-=Ca=ption [use short title]
Motion for: to dismiss Shane -Christopher:Buczek-v-UNITED STATES
Set forth below precise, complete statement ofrelief sought:
Fifth Amendment Violation No Grand Jury
Judicial Notice FRev 201 c(2)(d) and (e) of
Concurrence form DC-54 and Not Presented to a
Grand Jury No Real Party Rule 17a
SIXTH CONGRESS. Sess. "Ch. 241801
Public Servant's Questionnaire (Refer to Privacy of
1974) Second Circuit Court of Appeals
MOVING PARTY: Shane -Christopher family of Buczek OPPOSING PARTY: UNITED STATES ein 16-1906078
[{]Plaintiff DDefendant
[{]AppellantiPetitioner DAppelleeJRespondent
MOVING ATTORNEY: Self livina man not a oerson OPPOSING ATTORNEY: Monica Richards Trustee
[name of attorney, with firm, address, e!Jone number and e-mail]
clo 7335 Derby Road 138 uelaware Avenue, Federal Centre
Derbv New York rnear 140471 Buffalo, New York [near 14202]
[Non-DomestIc] [Without the US] [Non- AssumpSIt] fNon- Domestic without the OSl Non Assumpsit
All RIQhts Reserved OCG1-30B See 26 USC Sec. 6050P I ax Fraud False Claim
Court-JudgelAgencyappealedfrom: William M. Skretny CIJI Buffalo New York
Please cbeck appropriate boxes: FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND
Has counsel (required by Local Rule 27.1): Has request for relief been made below?
liJYesUNo (explain): Has this relief been previously sought in this Court? Yes No
Requested return date and explanation of emergency:________
Opposinl}.Q.unsel's position on motion:
UUnopposed D>pposed IZJoon't Know
Does opposing C()ull,e! intend to file a response:
[{Joon't Know
Is orllJ argl.l.IDeI!t on motion . DYes [{]No (requests for oral argument will not necessarily be granted)
} las arlL'llO!nt date of appeal been set?
DYes [{]No Ifyes,enter_....__..________ ________
Date: _05/16/2013 Service by: [(] CMlECF DOther [Attach proof of service]
Date: ___________________
By: ____________________
Form T-I080 (rev. 7-12)
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United States Court of Appeals
For The Second Circuit
Shane Christopher family of Buczek No-12-5017
To: Clerk/Circuit Judges
Demand to Dismiss
and Mandatory Judicial Notice pursuant to FRev 201(c) (2) (d) and (e)
Shane Christopher, propria persona, principal, Real Party in Interest, by
Special Appearance and proceeding Sui Juris. Now provides the following
statement of facts in support of his allegations that the government's case against
him is without merit lacking subject matter jurisdiction. The Lower Coun moved
with no 2rand jury concurrence and not presented to a Federal 2rand Jury
ON AND FOR THE RECORD See Sixth Con2ress. Sess. II Ch. 24.1801 Sec. 2
And be it further enacted, That all indictments shall run in the name of the
United States not the United States of America.
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The accused submits to the court, under penalty of perjury the foregoing
statement of facts in his case, which disputes the alleged crimes so recklessly
sought to be enforced against the accused by the Department of Justice.
F or the reasons stated above, this court is respectfully requested to accept
this Statement of Facts under the penalty of perjury in order to avoid a violation of
the Accuser's Substantive and Due Process Rights.
Date 05116/2013
All Rights Reserved UCC 1-308
11*'1.111 Isn8:-'. Illm." ....ilil:r_ an aa 'liP IIMJe=U'litV,,:
Attachment (1) SIXTH CONGRESS. Sess. II Ch. 24.1801 & FRAP 21. Writ .. ,
of Mandamus
Attachment (2) Public Servants Questionnaire Refer to Privacy Act of 1974
for the Circuit Court Judges: Will this Court uphold the Constitution of the
United States of America
Respectfully Submitted,

SI..".... of "
Shane Christopher Buczek ..
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I Shane-Christopher House of Buczek Executor of the Estate in this
entitled matter, hereby verify under the penalty of perjury, under
the laws of the united states of America, that the above statements of
facts and law are true and correct, according to the best of My
current information, knowledge, and belief, so help Me God,
pursuant to Gods Laws and Constitutional law of the Republic 28
USC Sec. 1746 (1)
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Shane-Christopher: Buczek
Docket Number: ..,,;,1;::,,2',;;,,50;,,;.1,;;,,7___
I, Sh
28 USC Sec.
1746( 1)
, hereby certify under penalty of perjury that on
I served a copy of Judicial Noliee FRs. 201
pursuant to 28 USCSec. 1746 (1) Sixth Congress. Sess. II. Ch. 24. 1801 FRAP 21 (b) (1) it must order the respondentto answer Due Process
(liSt all documents)
IIi/ad? rn eY/ f ff
by (select all applicable)*
I)Hu,khi(!".j t9Ff
[ZJ United States .Mail
Pub lit S
[ZJ Federal Express
o Overnight .Mail
m Facsimile
I .f I E-mail
[Z] Hand delivery
on the following parties (complete all information and add additional pages as necessary):
Frank Perez, Deputy Clerk 40 Foley Square
New York New York [near 10007]
Name Address City State Zip Code
New York [near 14202)
AUSA Monica J. Richards 138 Delaware Avenue Buffalo
Name Address City State Zip Code
General Bishop Gerald Walsh 1011 First Avenue Floor: 19 New York New York [10022]
Name Address City State Zip Code
Served byPACER.GOV also served by ELECTRIC FILING
DMM 6021 .3 e us of A
Name Address City State Zip Code
Today's Date
*If different methods of service have been used on different p .
page, the type of service used for each respective party.
Certificate of Service Form
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Attachment 1
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file dit Y'1eN Insert FQrmat 1001;; Window .t:!elp
1 ',j Normal + 16 pt ... Times New Roman ... 16 ...

... ab
1 4
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CIl&P. XXlV.--JJaJld to lie ad wnaktl "bGd .fA
SECTION J. Be it wzetw by ,_&ao.te and IInl. f!f Rqwueatativ.
of tAc United, States of Aatrieo i. Congrus ass"",6fttl, That the ei
coit eourta for the district of Columbia shall be and the, are hereb
ioveated with the aame power respecting coDstables, inspectors, and til
inspecuOll of tobaC4X) and 8our, auryeyora, milll, bighwaJII and ferne
for the coonty of Aleundria. as haye heretofore been vested in th
county COw18 of the oommollwealth of Virginia; aDd for the county 0
WaahiDgtoD, the power aod authority as have been beretofore el
ereised by the CouDtr and levy courts of 1he atate of Maryland; wit
power to appoint. to al other officee neeenary for tbe said district, undc
the la.8 of the respective slales uf Maryland aDd Virgiuia. And a
officers for whom DOlpeciaJ proV'iaion is' made by this act. or the act t
which this is a eupplernent, sball receive the same fees and emolument
..,. they baye respectively reeeiwed under the juriildictioo of the fa.p8C
a.ive 8&ates.
.... SEC. 2 . .("d 1M it fu.rlMr efUlCted
That aU indictments ahaIl ru
in the name of the Uruted States, and eonclude" &gaiBlt the peace an
government thereol. And alJ fines penalties and forfeitures aceroiD
under the I... of the 8tateos of Maryland and Virginia, wbich by adO)
lion have. become the laws or this district, sban be. recovered with cost
by indictment or information iD lhe Dame of the Uoited States. or IJ
action of debt, in the Dame of the Uoited States and of the iDformeJ
one half of which fine shall accrue to the United Slates, aDd the otlM
half to the informer; and the said fines shall be collected by or I
the marsbal, and oue balr thereof shaJi be by him paid oYer to the boat
of commissioners herein after e81ablisbed, aDd the other half to the il
former i and the marshal shall have tbe .me power thej
eollection, and be aobjeet to the same rules aad reguJatiOM u to th
_____6 .L_.........t'" _ ...........--:& -., IIIL____.=__ ...t __I" V ..-I... _..I __
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FRAP 21. Writs of Mandamus and Prohibition, and Other
Extraordinary Writs
(a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and
(1) A party petitioning for a writ ofmandamus or prohibition directed to a
court must file a petition with the circuit clerk with proof of service on all
parties to the proceeding in the trial court. The party must also provide a
copy to the trial-court judge. All parties to the proceeding in the trial court
other than the petitioner are respondents for all purposes.
(A) The petition must be titled "In re [name of petitioner]."
(B) The petition must state:
(i) the relief sought;
(ii) the issues presented;
(iii) the facts necessary to understand the issue presented by the petition;
(iv) the reasons why the writ should issue.
(C) The petition must include a copy of any order or opinion or parts of
the record that may be essential to understand the matters set forth in the
(3) Upon receiving the prescribed docket fee, the clerk must docket the
petition and submit it to the court.
(b) Denial; Order Directing Answer; Briefs; Precedence.
(l) The court may deny the petition without an answer. Otherwise, it
must order the respondent, if any, to answer within a fixed time.
(2) The clerk must serve the order to respond on all persons directed to
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(3) Two or more respondents may answer jointly.
(4) The court of appeals may invite or order the trial-court judge to
address the petition or may invite an amicus curiae to do so. The trial
court judge may request permission to address the petition but may not do
so unless invited or ordered to do so by the court of appeals.
(5) Ifbriefing or oral argument is required, the clerk must advise the
parties, and when appropriate, the trial-court judge or amicus curiae.
(6) The proceeding must be given preference over ordinary civil cases.
(7) The circuit clerk must send a copy of the final disposition to the trial
court judge.
(c) Other Extraordinary Writs.
An application for an extraordinary writ other than one provided for in
Rule 21(a) must be made by filing a petition with the circuit clerk with
proof of service on the respondents. Proceedings on the application must
conform, so far as is practicable, to the procedures prescribed in Rule
21(a) and (b).
(d) Form of Papers; Number of Copies.
All papers must conform to Rule 32(c)(2). Except by the court's
permission, a paper must not exceed 30 pages, exclusive of the disclosure
statement, the proof of service, and the accompanying documents required
by Rule 21 (a)(2)(C). An original and 3 copies must be filed unless the
court requires the filing of a different number by local rule or by order in a
particular case.
. ~ ~
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Attachment 2
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5 USC 552a (e)(3) authorizes a sovereign natural person ("Citizen") to use this form to collect information from the Public Servant to
determine whether to divulge information to the Public Servant and employing Agency. Public Law 93-579 states: "The purpose ofthis
Act is to provide certain safeguards for an individual against invasion ofpersonal privacy requiring Federal agencies ... to permit an
individual to determine what records pertaining to him are collected, maintained, used or disseminated by such agencies .....
PUBLIC SERVANT'S QUESTIONNAIRE (Refer to Privacy Act of 1974)
Public Servant
Full Name
10# I
o Refused?
Driver License #
o Refused?
Badge #
o Refused?
. Residence
~ d r e s s Street City State Zip
i Office Mail
Street City State Zip
i EmplOying
Agency or Dept
1. Will Public Servant uphold the Constitution of the United States of
America (required by USA &State Constitution & Law)? DYes DNo
2. Will PubliC Servant furnish a copy ofthe law or regulation which
authorizes this investigation (5 USC 552a (e) (3) (A? DYes DNo
3. Will Public Servant read aloud that portion of the law authorizing the
questions Public Servant will ask (5 USC 552a (e) (3) (A? I:lves DNo
4. What prerogative does Citizen have in giving answers to Public Servant
questions (5 USC 552a (e) (3) (A? DVoluntary DMandatory
5. What basis exists for asking the intended questions (5 USC 552a (d)
(5), (e) (1? DSpecific law or regulation 0 Used as a discovery process
6. What nature does this investigation have (5 USC 552a (e) (3) (A?
DGeneral (multiple people involved) oSpecial (one person involved)
7. Does Public Servant reasonably antiCipate that any information sought
or collected in this investigation will form the basis of or lead to criminal
action against Citizen or any other entity? DYes DNo
8. Will Public Servant guarantee only the department employing Public
Servant will use the information or derivative thereof supplied by Citizen in
this investigation (5 USC 552a (e) (10? ClYes ClNO
9, Name all files of records, information, or correspondence related to
Citizen that Agency maintains (PL 93-579 (b) (1?
110. Give the full name of the person in government requesting that
Public Servant conduct this investigation (PL 93-579 (b) (1 -+
ClNo One
11. Name and identify all third parties Public Servant consulted,
questioned, interviewed, or received information from relative to this
investigation (5 USC 552a (e) (2), (d) (5.
12. Name all other agencies or government sources that supplied
any information pertaining to Citizen (PL 93-579 (b) (1))?
13. May Citizen have a copy of all information pertaining to Citizen
that other agencies or government sources supplied (5 USC 552a (d)
(1? ClYes ClNo (If no, state authOrity for withholding info)
Cl No AuthOrity
14. What other uses may be made of this information
(5 USC 552a (e) (3) (B), (e) (3) (C)?
15. What other agencies may have access to this
information (5 USC 552a (e) (3) (B), (e) (3) (C?
I 16. What will be the effect upon Citizen if Citizen
i should choose not to answer any part of Public
Servant's questions (5 USC 552a (e) (3) (D))?
Public Servant Affirmation: I swear or affirm under penalty
of perjury that I have answered the foregoing questions
correctly and completely in every particular.
Wet ink signature of Public Servant Date
Citizen's Witnessing Name and Signature ClAdministered Oath Date Witness Name and Signature Date
. .
Note: Citizen may administer oath to PubliC Servant If no one else eXists to WItness Public Servant affirmation .
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Key Points:
_An American does not have to speak with a government agent unless the citizen
has been arrested.
-Americans have a right to privacy, to be left alone.
_The PRIVACY ACT OF 1974 (Public Law 93-579), empowers citizens to require
full, written disclosure from a government official who seeks information.
lIyou may insist on complete disclosure as a precondition to speaking with any
government official.
The Limits On Federal Power:
_Law-abiding citizens are sometimes visited by agents of the Federal government
for no apparent reason. It is helpful, at the time of these visits, to recall that unless a
citizen has been placed under arrest (either because a law enforcement officer has
probable cause to believe the citizen has committed a crime or because the officer
has in his possession an arrest warrant issued by a judge who believes there is
probable cause the citizen has committed a crime, a citizen does not have to
entertain the company of government agents.
--Citizens also have the right, guaranteed by the Fifth Amendment to the United
States Constitution, not to testify against themselves. Thus, when "the government"
comes knocking on oneIS door, you have the right to simply say, "Please go away."
Unless the government officer places you under arrest (there must be probable cause,
or an arrest warrant based on probable cause), the officer must obey your wishes.
Be Helpful.. On Your Terms
II'Of course, citizens also have a vested interest in assisting "the
government" in its role of crime-solver. Most of us understand the need to help "the
government" to apprehend criminals. But it is also helpful, when "the government"
arrives at your place of employment or at your home, to know how to find out why
government agents have appeared on YOUR doorstep.
_A handy little questionnaire that I came across years ago will do the trick. Itls
called the "Public Servant Questionnaire." A version
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accompanies this article. The "PSQ" was developed by Lynn Johnston, author of
Who's Afraid of the IRS? (Libertarian Review Foundation: 1983, ISBN 0-930073-03-7).
fl'The PSQ is based on the requirements placed upon the government by the
Privacy Act of 1974 (Public Law 93-579), an amending law to Title 5, United States
Code, Section 552, and is included as Section 552a.
fI"If a citizen chooses to cooperate with government officials who are seeking
information, BEFORE questioning begins, the citizen should politely inform the
government agent or agents that a prerequisite for the citizen's cooperation with "the
government" is the agent1s cooperation with the citizen.
Do It Right, The First Time
JJIThe questions should then be put t : ' ~ a c h agent, and the citizen should enter the
answers onto the questionnaire. Copies should be provided to each agent, either at
the time of the questioning or by mail to the agent after the visit. The questionnaire
informs the government agent that the citizen knows his rights and knows which
limited powers the government agent has been granted by the people.
Most probably some government agents will not want to fill out or sign the PSQ.
That's fine. They can then be sent on their merry way. They may need to explain to
their superiors, and a court of law, and a jury, on another day, why they refused to
cooperate with the reasonable questions of the highest officeholder in the land, a
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, . ..-."',........,.: r
Executor of the Estate
c/o 7335 Derby Road
, Derby New York near [14047]
[Non-Domestic] [Non-Assumpsitl

i OCiij7 i Sf; i 9'3
111111, 111111111111 1I1I111!JIIII\l1111111II111I1111I1I111' 11111
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