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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 / 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 (j)

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.

09-CR-12l-S
NOTICE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR
DISMISSAL & A REVERSAL OF JUDGMENT
10f8
The court has failed to prove jurisdiction in this action and because it hides behind FRCP

Rule 4 (j) 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) of the 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 Hfe, 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.

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

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
20f8
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 tenn "person" as a CORPORATTON

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 CORPORA nON.

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

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 wi th any

Secretary of State as a CORPORAnON 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 subject matter jurisdiction, Venue and under the 11th 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 C3rdt 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
fonner 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.

09-CR-121-S
NOTICE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR
DISMISSAL & A REVERSAL OF JUDGMENT
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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.

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 fonn 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 - 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. Tenn 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.
09-CR-121-S
NOTICE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR
DISMISSAL & A REVERSAL OF JUDGMENT
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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 ofiliat
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.

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.

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.

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
09-CR-121-S
NOTICE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR
DISMISSAL & A REVERSAL OF JUDGMENT
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• § 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

http://www.law.comell.edu/uscode/44/usc_sec_44_00001S05----000-.html

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
09-CR-121-S
NOTICE OF WRIT OF CORAM NOBIS NON IDDICE & A DEMAND FOR
DISMISSAL & A REVERSAL OF JUDGMENT
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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) of the 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.

09-CR-121-S
NOTICE OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR
DISMISSAL & A REVERSAL OF JUDGMENT
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My yea is my yea and my nay is my nay. (See authorized signature following)

In Trust,

cbCNU it t~ /7r4t 1
shane-christopher: buczeck,
Grantor / Beneficiary for:
SHANE C. BUCZEK a US TRUST
All rights reserved
Without prejudice
Without recourse
D"-, 1M ..."', I.'.
PROOF OF SERVICE

Now comes with a ADMINSTRATIVE 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]
non corporate entity

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
80f8
EXH IBIT A"
II
State of New York
} ss:
Department of State
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.
***
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0/ the Drpart'mem oj State at i'be City 0/


Albany, thIs 13th day o/November cwo
thousand and eight.

8~~
Spectal Deputy Secretary 0/ State
200811140353 101
EXH IBIT "B"
IN THE DlSTRlCT COURT OF THE UN1TED STATES
For the Western District of New York

MA Y 2007 GRAND JURY


(Empaneled 5/04107)
THE UNITED STATES OF AMERICA

-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 Dlstrict of New York and elsewhere,

defendant SHANE C. BUCZEK unlawful 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 (hereinaft:er "HSBC"), an institution which had its

deposits insured by the Federal Deposit Insurance Corporation.


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 Direct fl


department to pay down

his balance, each time by supplying HSBC with the routing number of

Depository Trust and Clearing Corporation ("DTCC N ) 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 accoWlt number for an

account at DTCC in his name, the defendant was providing HSBC with

false information for the purpose, among others, of temporarily

2
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 non-

existent 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, which order

notified said defendant of the potential effect of committing an

offense while on pretr-ial release.

3
From on or about September 18, 2008, to on or about January

16, 2009, lD 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: SLANTHONY 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

A TRUE BILL:

FORE PERSON