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Case: 14-16858, 07/22/2015, ID: 9618807, DktEntry: 20-1, Page 1 of 5

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Rehan Sheikh, Pro Se
1219 W. El Monte Street
Stockton, California 95207
Telephone: (209) 475.1263
rehansheikh@yahoo.com

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IN THE UNITED STATES COURT OF APPEALS

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FOR THE NINTH CIRCUIT

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REHAN SHEIKH
Appellant (and plaintiff),
v.

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Brian Kelly
Secretary, California State
Transportation Agency
Appellee
and
Mark Tweety
Manager, Department of Motor
Vehicles
Appellee

Case NO: 14 – 1 6 8 5 8
Plaintiff’s Motion for Declaratory
Relief
DMV’s Unsigned & Anonymous ‘Order
to Suspend Plaintiff’s Driving License’
be declared as unlawful or stricken as
unlawful legal instrument

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District Court: 2: 14 –CV- 7 5 1 GEB AC

Case: 14-16858, 07/22/2015, ID: 9618807, DktEntry: 20-1, Page 2 of 5

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THIS MOTION
1. Plaintiff hereby submits this Motion that the DMV’s unsigned and anonymous
Order dated Dec 5, 2011 to suspend his Driving License be stricken as unlawful
legal instrument or declared as unlawful as such an order does not conform with

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the Due Process Clause(s). (Exhibit – Anonymous Order of Suspension).

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PLAINTIFF

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2. Plaintiff is entitled to protection of life, liberty, property and pursuit of
happiness. Plaintiff is entitled to all the Rights and Protections as affirmed by
the Constitution of the United States.

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I. JURISDICTION

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3. This Court has authority to grant declaratory relief under 28 U.S.C §§ 2201 and

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2202. The district court had subject matter jurisdiction over Plaintiffs’ claims

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pursuant to 28 U.S.C. §§ 1331 and 1343. The Ninth Circuit Court of Appeals has

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jurisdiction pursuant to 28 U.S.C. § 1291.

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II. PROCEDURAL BACKGROUND
A. Anonymous, unsigned Order of Suspension dated Dec 5, 2011
4. Plaintiff received an anonymous and unsigned letter dated Dec 5, 2011 to

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suspend his Driving License. The caption of the letter read “Department of

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Motor Vehicles” and ‘Order of Suspension’. That letter stated,

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Plaintiff’s Motion for Declaratory Relief (unsigned Order of Suspension) – Rehan Sheikh v. [DMV]
P a g e |1

Case: 14-16858, 07/22/2015, ID: 9618807, DktEntry: 20-1, Page 3 of 5

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“Your driving privilege is suspended as of Jan 04, 2012”

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5. Plaintiff submitted his objections on such an anonymous and unsigned order
before the District Court but the Court did not offer any guidance.

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III.

ARGUMENTS

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a. The unsigned & Anonymous Order to Suspend Driving License
infringes on Substantial Right(s)

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6. The driver's license is significant parts of the liberty and property protected by

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the due process clause of the Fourteenth Amendment and may be abridged only

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by constitutionally appropriate procedures. The status of a driver's license as a

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right deserving of constitutional protections was first most clearly stated in

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Wall v. King, 206 F.2d 878 (1st Cir., 1953):
We have no doubt that the freedom to make use of one's own property, here
a motor vehicle, as a means of getting about from place to place, whether in
pursuit of business or pleasure, is a “liberty” which under the Fourteenth
Amendment cannot be denied or curtailed by a state without due process of
law. 206 F.2d at 882
7. "The right to travel is a part of the `liberty' of which the citizen cannot be

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deprived without due process of law under the Fifth Amendment," Kent v.

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Dulles, 357 U.S. 116 (1958) .

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Plaintiff’s Motion for Declaratory Relief (unsigned Order of Suspension) – Rehan Sheikh v. [DMV]
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Case: 14-16858, 07/22/2015, ID: 9618807, DktEntry: 20-1, Page 4 of 5

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b. The Anonymous and unsigned ‘Order of Suspension’ dated Dec 5,

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2011 is NOT a legal instrument and does not conform with the Due

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Process Clause(s)

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8. A proper Order of Suspension to suspend Driving License must be signed by a

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person who is authorized to issue such an order. The DMV’s Order of Suspension

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dated Dec 5, 2011 was not signed by anyone. The DMV’s Failure to sign such an

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order is not a clerical mistake. An anonymous person is not authorized to revoke

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a Driving License. Unless a signed letter is sent from a named person, the

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authenticity of the Order of Suspension cannot be ascertained. Such an

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anonymous and unsigned letter suspending Driving License does NOT conform

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with the Due Process Clause(s) of the Fifth Amendment and the Fourteenth

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Amendment and is unlawful.

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9. A "written instrument" is a document evidencing legal rights or duties or giving
formal expression to a legal act or agreement, such as a deed, will, bond, lease,

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insurance policy or security agreement. See Black's Law Dictionary 801, 1612

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(6th ed. 1990); Webster's Third New International Dictionary, 1172 (1986).

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10. An unsigned order is insufficient on its face and regardless of the underlying

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facts, can never be effective. Hence must be stricken as an unlawful order.

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“An unsigned written order is simply not effective as an order.”
United States v. Ceraso, 355 F. Supp. 126 - Dist. Court, MD Pennsylvania 1973

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Plaintiff’s Motion for Declaratory Relief (unsigned Order of Suspension) – Rehan Sheikh v. [DMV]
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Case: 14-16858, 07/22/2015, ID: 9618807, DktEntry: 20-1, Page 5 of 5

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IV. PRAYER

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11. Plaintiff prays before the United States Court that the DMV Order dated Dec 5,

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2011 to suspend his Driving License be stricken as an invalid legal instrument
or declared as unlawful order as it does NOT conform with the Due Process
Clause(s).

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Respectfully Submitted;

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/s/ Rehan Sheikh

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---------------------------------Rehan Sheikh

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Date: July 22, 2015

Plaintiff

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Plaintiff’s Motion for Declaratory Relief (unsigned Order of Suspension) – Rehan Sheikh v. [DMV]
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Case: 14-16858, 07/22/2015, ID: 9618807, DktEntry: 20-2, Page 1 of 2

Anonymous & unsigned
‘Order of Suspension’
Dec 5, 2011

EXHIBIT

Case: 14-16858, 07/22/2015, ID: 9618807, DktEntry: 20-2, Page 2 of 2
Stiltll of California

Businllss, Trilnsportation. and Housing Agllncy

DEPARTMENT OF MOTOR VEHICLES
LICENSING OPERATIONS DIVISION
P,O. lOX 942890, HAIL STATION J-233
SACRAHENTO, CA. 94290-0001
(916) 657-6525

DEC 05# 2011

ORDER OF SUSPENSION
PLEASE SHOW THIS NUHBER ON
YOUR CORRESIP'ONDENCE

08981120511D3024994SHEOI0412
REHAN AVVUB SHEIKH
1219 W EL MONTE ST
STOCKTON, CALIFORNIA 95207

DRIVERS LICENSE NO, D

YOUR DRIVING PRIVILEGE IS SUSPENDED AS OF JAN 04, 2012.

THIS ACTION IS BEING TAKEN UNDER THE AUTHORITV OF SECTION 13365 OF THE VEHICLE CODE (V.C.)

BECAUSE YOU VIOLATED YOUR WRITTEN PROMISE TO APPEAR ANDIOR YOU FAILED TO PAY A FINE

PURSUANT TO SECTION 42003(A) V.C. (SEE ENCLOSED LETTER).

THE SUSPENSION WILL REMAIN IN EFFECT UNTIL ALL FAILURES-TO-'APPEAR (FTA'S) AND FAILURES-TO­

PAY-A-FINE PURSUANT TO SECTION 42003(A) HAVE BEEN REMOVED FROM YOUR RECORD,

YOU MUST SURRENDER ANY DRIVER LICENSE IN YOUR POSSESSION. NOT DOING THIS IS A MISDEMEANOR

(SECTION 14610 V.C,). YOU MAV APPLY FOR AN IDENTIFICATION (I.D.) CARD AT ANV DMV OFFICE.

YOUR VEHICLE CAN BE IMPOUNDED AND MAY BE SOLD IF YOU DRIVE WHILE UNLICENSED, SUSPENDED OR

REVOKED, IN VIOLATION OF A RESTRICTION REQUIRING USE OF A COURT-ORDERED IGNITION INTERLOCK

DEVICE (lID), OR AFTER REFUSING TO OBEY THE LAWFUL ORDER OF A PEACE OFFICER, OR WHILE

ATTEMPTING TO EVADE A PEACE OFFICER. CONVICTION CAN MEAN JAIL, A FII~E OR INSTALLATION OF

AN lID IF YOU DO NOT HAVE ONE.

BEFORE A LICENSE CAN BE ISSUED OR RETURNED, A REISSUE FEE OF $ 55 IS DUE (SECTIONS 14904 ­
14906 V.C,), PLEASE INCLUDE YOUR DRIVER LICENSE NUMBER OR FILE NUMBER WITH YOUR PAYMENT.

DEPARTMENT OF MOTOR VEHICLES

ENCLOSURES