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Creditors Civil Action 1: 09- CV-02151 (HHK)
UNITED STATES OF AMERICA dba CORPORATION ,et al., DEFENDANTS DEBTOR REFUSAL AND A DEMAND FOR JUDGE HERNY .H. KENNEDY TO STEP DOWN OFF THIS CASE FOR BIAS AND PREJUDICED
NOW, COMES, The Petitioners David –Lee; Buess & Rodney –Dale; Class with a REFUSAL AND A DEMAND FOR JUDGE HERNY .H. KENNEDY TO STEP DOWN OFF THIS CASE FOR BIAS AND PREJUDICED. The Petitioner will point out that Judge Henry H. Kennedy and the defendants and 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 and etc. Judge Henry H. Kennedy and defendants and their agent’s failure to dispute these Rules of Law and Act of Congress when they had Judge Henry H. Kennedy dismiss this case in September 2nd of 2010 to cover up their violations upon the petitioners and the
America people. This is just cause to validate the Rule 60 claim of FRAUD and have Judge Henry H. Kennedy removed. 5 U.S.C. § 556 : US Code - Section 556: Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision (d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and 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 the underlying 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 knowingly committed such violation or knowingly caused such violation to occur. A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure 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 prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form. Judge Henry H. Kennedy has and has allowed the defendants and their agents to violate the Bill of Rights of the federal constitution on the Petitioners. By doing so has shown he is bias and prejudiced and Judge Henry H. Kennedy has wiliness to over Rule the Civil Rights Case of 1883 109 U.S. 3 U.S.CT. This is a clear cut case that Judge Henry 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
The defendants and their agents claimed jurisdiction under 28 USC 1442 knowing the proper jurisdiction should have been 28 USC 1346 this is Fraud by claiming the wrong jurisdiction as Attorneys. Judge Henry H. Kennedy was required to dismissing the defendant’s claim of action because of wrong jurisdiction. Judge Henry H. Kennedy failed 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 case heard. TITLE 28 > PART IV > CHAPTER 85 > § 1346
§ 1346. United States as defendant (a) The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of: (1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws; TITLE 28 > PART IV > CHAPTER 85 > § 1343
§ 1343. Civil rights and elective franchise (a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (b) For purposes of this section—
(2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
TITLE 28 > PART V > CHAPTER 111 > § 1652
§ 1652. State laws as rules of decision The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply.
The Petitioners David –Lee; Buess & Rodney –Dale; Class Demand to have Federal Administrative Law Judge pursuant to Title 5 section 3105 to heard this case before a jury of ours peers. . The eleventh amendment has removed all judicial power form the courts. The Attorney General office out of Ohio has pointed this issue out in their earlier filing. There is no Judicial Power. Their by only leaving Administrative. The Petitioners have two courts order one from the Ten Circuit Court of Appeals defining the defendants as Corporate Appellees and an Order from an Administrative Law Judge from North Carolina defining public officials as “Private Entity”(Which can be placed in as evident). Below are other quotes supporting this fact that the defendants and their agents are acting out side of any authority but, acting under COLOR OF LAW.
FRC v. GE 281 US 464, Keller v. PE 261 US 428, 1 Stat. 138-178 . There are no Judicial courts in America and there has not been since 1789. Judges do not enforce Statutes and Codes. Executive Administrators enforce Statutes and Codes. Republica v. Sweers 1 Dallas 43. and 28 U.S.C. 3002 (15) UNITED STATES is a corporation and that it existed before the Revolutionary war. Treaty of Peace * U.S. 8 Statutes at Large 80. The United States is not a land mass, it is a corporation. The King George was not just the King of England, he was also the King of France.
TITLE 28 > PART VI > CHAPTER 176 CHAPTER 176—FEDERAL DEBT COLLECTION PROCEDURE TITLE 28 > PART VI > CHAPTER 176 > SUBCHAPTER A > § 3002 § 3002. Definitions (15) “United States” means— (A) a Federal corporation; (B) an agency, department, commission, board, or other entity of the United States; or (C) an instrumentality of the United States. No place under the debt collection procedures does it define the defendants or the United States as a government entity, But as a business, A Corporation. Under the Rule of Law and Act of Congress the defendants can be sued under Title 5 section 702 under the administration procedure act of 1946.
Under Fed. R. Civ. P Rule 17 (d) Public Officer's Title and Name. A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer's name be added.
The Petitioners have stated enough facts in law and the record will show that Judge Henry H. Kennedy or the defendants and their agents have failed to dispute or rebut any of the documents placed in by the Petitioners. The defendants agents has placed into the record Title 26 USC 6331 (a) which clearly show that it take the Secretary of the Treasury to file such a levy and not an IRS agent or a Tax department and that such a levy only applies to those listed in that section (a) and that not the Petitioners..
The defendants and their agents as well as Judge Henry H. Kennedy are aware of Title 28 chapter 176 FEDERAL DEBT COLLECTION PROCEDURE. Not one act under this procedure has been adhering to by Judge Henry H. Kennedy or the defendants or their agents.
This is just cause to reopen this action and remove Judge Henry H. Kennedy and have him replaced by Administrative Law Judge under title 5 section 3105.The Petitioners being redundant and stating the 11th amendment has removed all judicial powers thereby leaving only administrative processes to hear this case. The petitioners again be redundant well refer back to the Ohio Atty. Gen.'s statement that the 11th amendment has removed judicial power from the federal court as well as all state courts.
The Petitioners newly discovered evidence of the 1913 up unto 1993 congressional records which proves the bankruptcy fraud and the abuse of the defendant's and their agents and the fact that the defendants and their agents have withheld this information to deceive and defraud the American people as well as the petitioners requires this court to place sanctions upon these parties.
The petitioner’s prayer and demand a hearing on this issue. This injustice and due process violation of the American people and the petitioners protected rights under the Bill of Rights and under the charter of the Constitution which requires the defendants and their agents and all who hold such offices to swear an oath to uphold and defend this Constitution. Such breach of contract and charter can not be allowed by those who hold these offices. By doing so is defined under title 18 is acts of treason, sedition,
insurrection, rebellion, and the overthrow of a Republican constitutional form of government.
. ALL RIGHT RESERVED TO AMEND WITHOUT LEAVE OF COURT
_______________________________ David- Lee; Buess Private Attorney General 22014 Delaware Township Road 184 Arlington, Ohio  419 694 5796 _________________________ Rodney -Dale; Class Private Attorney General P.O. Box 435 High Shoals, North Carolina  704 742 3123
Private Attorney General Seal
PROOF OF SERVICE I, David- Lee; Buess & Rodney- Dale; Class come with, REFUSAL AND A DEMAND FOR JUDGE HERNY .H. KENNEDY TO STEP DOWN OFF THIS CASE FOR BIAS AND PREJUDICED this being placed before the Clerk of Court of the UNITED STATES DISTRICT COURT OF THE DISTRICT OF COLUMBIA on this day of _____________ and month of_____________ in the year of our Lord 2011 AD. Service will be delivered by U.S.P.S. certified mail with green card return.
_____________________________ David Lee; Buess Private Attorney General 22014 Delaware Township Road 184 Arlington, Ohio  419 694 5796
_____________________________ Rodney Dale; Class Private Attorney General P. O. Box 435 High Shoals, North Carolina  704 742 3123 Cc: Christopher Wright Sanders U.S. DEPARTMENT OF JUSTICE Tax Division P.O. Box 227 Ben Franklin Station Washington, DC 20044 Franchise Corporation STATE OF OHIO dba Corporation LAW FIRM RICHARD CORDRAY 30 E. Broad Street, 17th Floor Columbus, OH 43215 Employee of Corporation 8
REGINALD J. ROUTSON 300 South Main Street Findlay, Ohio 45840 Franchise Corporation STATE OF NORTH CAROLINA dba Corporation LAW FIRM ROY COOPER 9001 Mail Service Center Raleigh, NC 27699-9001 Employee of Corporation GASTON COUNTY dba Corporation TAX DEPARTMENT P.O. Box 1578 Gastonia, NC 28053-1578 Defendants Secretary Janet Napolitano Department of Homeland Security U.S. Department of Homeland Security Washington, DC 20528 Rep. Bennie G. Thompson U.S. House of Representatives Committee on Homeland Security Washington, D.C. 20515 Coast Guard Headquarters Commandant, U.S. Coast Guard, 2100 Second Street, SW, Washington, DC 20593