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DAN VAUGHN, CLERK, JOSEPH SMITH, ) and ALICE CRUMP (Respondents) ) ) ) ) CASE NO: SC12-1111 L. T. JUDGE: DAN VAUGHN ) ) L.T. CASE NO’s:98-823-CFB 562004CT005567 2005CT002801 562007CF4217 2007TR043187 A1 2007TR043182 A1 2010MM001552 A 11CA2316
________________________) ORIGINAL PETITION FOR WRIT OF MANDAMUS COMES NOW, the Petitioner, Amunhotep El Bey, in Propria Persona (my own proper self), formerly known as the artificial person, Eugene James Williams, pursuant to Florida Rules of Appellate Procedure, Rule 9.100; hereby, moves this Court to direct Respondents to accept Petitioner’s Affidavit in the nature of Writ of Error Coram Nobis, consolidate and/or file the said pleading in all criminal and traffic cases, as well as schedule Petitioner’s Motion for Default Judgment for a hearing, so that it can be granted. As grounds for this writ the Petitioner will state as follows:
The Petitioner is not a lawyer and his pleadings cannot be treated as such. In fact, according to Haines v. Kerner, 404 U.S. 519 (1972), a complaint, "however inartfully pleaded," must be held to "less stringent standards than formal pleadings drafted by lawyers" and can only be dismissed for failure to state a claim if it appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Id., at 520-521, quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957). “*A+ pro se petitioner’s pleadings should be liberally construed to do substantial justice.” United States v. Garth, 188 F.3d 99, 108 (3d Cir.1999), quoting Haines v. Kerner, 404 U.S. 519 (1972), “Pro se complaints are to be construed liberally in favor of the accused.”2 JURISDICTION This court has jurisdiction to issue writs of mandamus, prohibition, and certiorari, and any other writ in the exercise of its judicial authority. (See McFadden v. Fourth District Court of Appeal, 682 So. 2d 1068 (Fla.1996). Additionally, the Jurisdiction of this Court is also invoked according to Article V Section 3(b)(7) and (8) of the Florida Constitution. STANDING (CAUSE OF ACTION) GROUND I: Judge Dan Vaughn’s failure to do his ministerial and/or judicial duty, (as an officer/member of the court) by not accepting Coram Nobis jurisdiction over Petitioner’s Affidavit in the nature of Writ of Error Coram Nobis & a demand for dismissal or state the proper jurisdiction, filed on April 17, 2012, (see Exhibit A) constitutes a denial of access to the courts, in violation of petitioner’s federally secured U.S. Constitutional Rights, guaranteed by the 1 st ,5 th
298 U. to 70. quoting Haines v. 404 U.S.850 motion provided by Florida Rules of criminal procedure. 178. GMAC.25 months state prison. and Mcnutt vs.850 motion. can’t vote.)petitioner was convicted and sentenced in Dan Vaughn’s court. via Writ of Error Coram Nobis. due to the fact that the felony convictions stemming from L. which has a 2 year statute of limitations. so he couldn’t file a 3. 188 F. according to Latana vs.) petitioner is no longer in state custody and can’t filed a 3.1999)..3d 99. in which petitioner challenged the judgment of conviction(s). (See United States v. If this is not the case. it matters not how the issue of jurisdiction is raised. and 14 th Amendments.) Petitioner filed Writ of Error Coram Nobis because he was asking the court to correct newly discovered jurisdictional errors of fact and the Petitioner was no longer in state custody. because of these four reasons: (1. and (4. Judge Dan Vaughn should have construed the said pleading into the proper legal vehicle in order to do substantial justice.T Case Number 98-823-CF. Hopper. 2d 118. can’t bare arms.” Furthermore. Judge Dan Vaughn has and had a duty to accept Coram Nobis jurisdiction over the petitioner’s Writ of Coram Nobis. because petitioner can’t get a decent job. on the basis of newly discovered evidence of jurisdictional issues of fact that if known by the petitioner it would have changed the outcome of the proceedings. (3.6 th . on February 14.) Petitioner has proven a continuing civil disability that justifies Coram Nobis jurisdiction. and no enforcement can . 519 (1972). Garth. 108 (3d Cir. and his reputation has been ruined. 2001. in L. Kerner.T. which has a 2 year statute of limitations for filing. (2. Case Number 98-823-CF. has ruined petitioner’s life for the most part. 103 F.S. “Pro se complaints are to be construed liberally in favor of the accused. under the Florida Rules of Criminal Procedure.
Coram Nobis was originally used to present newly discovered evidence that would have changed the outcome of the proceedings. 55. Keogh... 531 F. Keane. render[ing] the proceeding itself irregular and invalid. 109 S." (See United States v. . with its attendant stigma and inevitable consequence of thereafter labeling the petitioner a felon. (See McNally vs. Morgan. For the relation between the writs of habeas corpus and coram nobis. 235 U. . Loschiavo. . 852 F. Mayer. United States v. 1988). 346 U. An invalid conviction. denied. . Undisclosed evidence is newly discovered evidence.2d 138. such [that the error] rendered the proceeding itself irregular and invalid.S. United States. Ct. is an "error of the most fundamental character. 1968) (coram nobis petition properly granted only when court concludes that undisclosed evidence would have permitted defendant to raise reasonable doubt as to his guilt). 69 (1914).. 502.2d 659 (2d Cir. 1976): "Even if 28 USC § 2255 were unavailable to [petitioner]. 148 (2d Cir." A continuing civil disability is the present and future impairment of some civil right. 350 (1987) The Supreme Court has restricted post-conviction review under a writ of coram nobis to "errors. because such relief is available from the sentencing court even after release from custody. that is. . he could simply bring a petition for coram nobis under the 'All Writs' statute . cert. see also United States v.S.of the most fundamental character. . see United States v. 391 F.2 199." The writ of coram nobis should be issued when the 3 indictment has failed to state a crime and the petitioner has exhausted his statutory right of appeal. 203 (7th Cir.S. 2109 (1989) (circumstances justifying coram nobis jurisdiction)..proceed until jurisdiction is proved. 483 U. (See United States v.. such as the right to vote or to maintain an occupational license.. in view of the fact that he had fully served his sentence under a federal felony conviction. 511 (1954) (coram nobis relief available after release from custody).
S.. v. which is and was Petitioner’s Motion for Default judgment.S.As a result of the foregoing denial of access to the court.4 .” (See U. so Judge Dan Vaughn has rules governing the disposition of the said pleading and it is clearly established. by not acting upon petitioner’s motion for default judgment (see Exhibit H) constitutes a denial of access to the courts. The remedy the petitioner sought. GROUND II: Judge Dan Vaughn’s failure to do his ministerial and/or judicial duty. HartfordEmpire Co. guaranteed by the 1 st . which is to review and/or hear the said pleading as a referee of justice. mainly.5 th . is provided by Florida Rules of Civil Procedure. due to fraud placed upon the court.S. 322 U. because the relief the petitioner sought in his Affidavit in the nature of Writ of Error Coram Nobis is not forthcoming and never will be until Judge Dan Vaughn does his duty as a judge. 297 (5 th cir. but yet. (as an officer/member of the court).6 th . “Silence can only be equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading. 550 F. in violation of petitioner’s federally secured U. v. the petitioner has suffered prejudice. Fraud upon the court also warrants dismissal (see Hazel-Atlas Glass Co. 1977)). and 14 th Amendments. Judge Dan Vaughn is forever silent regarding the said pleading. 2d. Tweel. 238 (1944)). Constitutional Rights.
As a result of the foregoing denial of access to the court. Joseph Smith. Constitutional Rights. FL. by not filing petitioner’s Affidavit in the nature of Writ of Error Coram Nobis (when petitioner hand-delivered the said pleading. Joe Smith’s failure to do so constitutes a denial of access to the courts. in the criminal and traffic division. which is to review and/or hear the said pleading as a referee of justice. on the 4 th floor of the Saint Lucie County Courthouse. Joe Smith should have filed petitioner’s Writ of Error Coram Nobis in the appropriate courts (Criminal/Traffic) with the appropriate judges in all listed case numbers. except for L. on April 17. and 14 th Amendments. guaranteed by the 1 st . has failed to do his ministerial and/or judicial duty as the Clerk of the Circuit Court. in all listed criminal and traffic cases. GROUND III: The Clerk of the 19 th Judicial Circuit. Case . Fort Pierce.S. 2012. the petitioner has suffered prejudice. in violation of petitioner’s federally secured U.T.).6 th . because the relief the petitioner sought in Petitioner’s motion for default judgment is not forthcoming and never will be until Judge Dan Vaughn does his duty as a judge.5 th .
Constitutional Rights. criminal traffic cases.” ~ Amunhotep El Bey (I came to this conclusion for my quote by using the fruits of a poisonous . and misdemeanor cases.5 th . Petitioner sought to consolidate L. (as an officer/member of the court). because birth certificate fraud is alleged in the said case. As a result of the foregoing denial of access to the court. because the relief the petitioner sought in his Affidavit in the nature of Writ of Error Coram Nobis is not forthcoming and never will be until Joseph Smith does his duty as a Clerk.T. GROUND IV: Judge Dan Vaughn’s failure to do his ministerial and/or judicial duty.6 th . Petitioner added L. “If the Birth Certificate is a fraud then all other means of identification that is based off of it is also a fraud. in violation of petitioner’s federally secured U. which is to process all civil and criminal cases and prepare court records. The Birth certificate is the foundation of all identification. and etc. because it is the first piece of identification.T. guaranteed by the 1 st . by not granting petitioner’s motion to Consolidate (see Exhibit F ) constitutes a denial of access to the courts. and 14 th Amendments. All other identification is based off of the Birth Certificate. in an attempt to consolidate all cases (see Exhibit F: Motion to Consolidate). because it is a civil case assigned to Judge Dan Vaughn. Case Number 11CA2316 with all of his criminal felony.Number 11CA2316. the petitioner has suffered prejudice. Case Number 11CA2316 after he filed the said Writ of Error Coram Nobis.S.
was able to criminally sue the petitioner in all cases. Case Number 98-823-CF and all other criminal felony. Additionally. the State of Florida. all L. because it gave the state personal jurisdiction over the petitioner by making him a citizen (subject). prosecution would have been illegal. Alien Enemy. because both cases are state circuit cases with the same judge and with the same parties. Case Number 98-823-CF. L. Case Number 11CA2316 and L. criminal. therefore. Chapter 3.T. traffic. According to the said code. because it made the petitioner a subject. because the court wouldn’t have jurisdiction to move the case forward. Case Number 11CA2316.T. case number 11CA2316. especially. cases are compatible with the civil action filed in L. Criminal charges can’t be brought against the petitioner because he is not an enemy alien resident. criminal traffic. Title 50 United States Codes (USC). L. Rule 2.T.” Therefore. “There is but one cause of action and that is civil.T. is where criminal courts get there jurisdiction from. it is highly evident that all cases are related.5 As a result of the birth certificate fraud. due to Foreign Sovereign Immunity. illegally without full disclosure and without his consent. therefore the Lower Tribunal has and had no Subject matter jurisdiction to try him as a criminal defendant and the state of Florida has and had . in appendix section 23. The fraud of the Birth Certificate enabled the state of Florida to ruin the petitioner’s life. a citizen. all L.T. cases are now civil in nature – making them all compatible with the civil action filed in L. and misdemeanor cases.tree doctrine in the US Supreme Court’s landmark case in Wong Sun.T. Jurisdiction of the United States Court and Judges.) The Birth Certificate fraud mentioned in L. gave the state of the Florida the illusion of personal jurisdiction over the petitioner in all of the cases listed in the above-styled cause.T. due to the fact that the state is in default judgment in all L. If not for the birth certificate. state property. and misdemeanor cases are civil actions according to Federal Rules of Civil Procedure. Furthermore. a corporation.T. Case Number 11CA2316.T.
If you look. petitioner is confident that the said judge can handle the case load because he is already familiar with the case and knows that he must void all judgments of convictions and award damages for the unlawful incarceration that stems from them. which would save money on the judicial process. criminal traffic. This paragraph alone voids all judgments of convictions and it proves that all cases are indeed civil. which would be just as good as any consolidation. so it should be done. because petitioner has no criminal charges. and misdemeanor cases. Look at indictments and informations for further evidence that all actions are civil. due to the fact that petitioner is getting denial orders from traffic judges regarding civil pleadings . you will notice that indictments and informations are styled in the nature of a civil action. The Florida Rules of Criminal Procedure remains silent on this issue. one can reasonably conclude that criminal charges only apply to Alien Enemies. Judge Dan Vaughn is an experienced State Circuit Judge. therefore. Having Judge Dan Vaughn handle all cases would be best for everyone. As a result of the foregoing denial of access to the courts. because they don’t apply to him. because it is very evident that all actions are civil. unless one is an Alien Enemy. this Court should decide this issue to give us case law on it or just order Joseph Smith to file petitioner’s Writ of Error Coram Nobis in all listed criminal felony.6 There is nowhere in the Florida Rules of Court that say that consolidation of multiple cases can’t be done. the petitioner has suffered prejudice. This is more reason why the lower tribunal should have consolidated all cases. By learning all of this information. and it would prevent the petitioner from seeking higher damages in separate cases.no standing to bring a criminal law suit before the court as a criminal cases. in which the petitioner is not and never has been an Alien Enemy. This is just another reason why the lower tribunal should have consolidated all cases. Petitioner is not an Alien Enemy and therefore does not qualify for criminal charges. therefore. If I was Joe Smith or Judge Dan Vaughn I would consolidate all cases to get rid of everything at one time.
6 th . Alice Crump. On May 21. and J). in violation of petitioner’s federally secured U. May 18. because most judges stand behind their own orders.that petitioner filed in Circuit Court (see Exhibits E. 2012. as well as financially too. The petitioner requested to set the said motion for a hearing and Alice told the petitioner that she didn’t have the said motion yet and that she wasn’t for sure if Judge Dan Vaughn was the petitioner’s judge.5 th . . (as an officer/member of the court). The denial orders placed unnecessary emotional and mental distress upon the petitioner. because we would have one case and one judge. Alice Crump’s.S. Consolidation of cases with Judge Dan Vaughn would prevent this mishap of justice from every occurring again. 2012. Constitutional Rights. guaranteed by the 1 st . the petitioner called Judge Dan Vaughn’s Judicial Assistance. in order to schedule a hearing for Petitioner’s Motion for Default Judgment (see Exhibit H) that was filed on Friday. GROUND V: Judge Dan Vaughn’s Judicial Assistant. by not scheduling petitioner’s motion for default judgment constitutes a denial of access to the courts. Once a case is dismissed or a pleading is denied that surely causes delay in any case. which is less confusing for everyone. at or around 1:30PM Eastern. and 14 th Amendments. failure to do her ministerial and/or judicial duty. The denial orders also caused delay in the pursuit of justice.
6 th . could you please set my motion to dismiss: sham pleadings that I filed on May 11. Alice then told the petitioner that she sees the petitioner’s Motion for Default and petitioner’s Motion to Dismiss: Sham pleadings and that they would have to review my pleadings first and she has to see if Dan Vaughn is my judge. 2012(see Exhibit E). “You mean to tell me that a motion that I filed on May 11. so the petitioner laughed again. that what they do around here is their bread and butter and that she was a part of everything and that I would have to fight all of them. “Well. There was then another moment of silence. Alice then told the petitioner in other words. isn’t on your docket yet? Someone had to pull my pleadings!” So Alice told me to hold on! Wait a minute! Don’t you go off assuming things! So I said in other words. no hearing was scheduled and it may never be scheduled at the circuit Court of the 19 th Judicial Circuit.. 2012. you would too if you was on the other end of this phone conversation. so he gave her his phone number. which is in violation of the 1 st . However.The petitioner laughed and said. for a hearing?” There was a moment of silence. So I said. since you don’t have the default motion yet. suppression of evidence.8 th . and obstruction of justice. Alice asked petitioner for a number to reach him at. Alice told the petitioner to hold on because she was looking and doesn’t see it.5 th ..7 The actions of Alice Crump constitute a denial of access to the courts.
696 So. v. Norflor Const. 5th DCA 1981). 246 (Fla. Moore. The petitioner has suffered prejudice due to the denial of Access to the Courts by Alice Crump.g. See Smith. Hatten. . 4th DCA 1999) The court in Town of Manalapan v. 1992) (holding that “mandamus may . This Court long ago established that for mandamus to lie. which an official has refused or failed to fulfill. City of Boynton Beach. 2d 814. petitioner’s cause of . the duty a petitioner seeks to compel must be both ministerial (non-discretionary) and clearly established (already in existence). 2d DCA 1997). Smith v. RHS Corp.. 2d 865. 1213 (Fla. Rechler. 1990). 1st DCA 2000). State. 401 (Fla. 790 (Fla. 2d at 563 (Fla. 300 (Fla. Courts use writs of mandamus to compel recalcitrant officials to perform clear legal duties that are ministerial. a right. 674 So. 2d 242. Florida League of Cities v. 736 So.. 2d 397. City of Winter Garden v. Smith. 607 So. because justice will not be served until the petitioner’s Motion for Default judgment is scheduled for a hearing. 770 So. 607 So. Rechler. 2d at 790 held that “Mandamus is a onetime order by the court to force public official to perform their legally designated employment duties. . Town of Manalapan v. See. 815-16 (Fla. not be used to establish the existence of . . see also Plymel v.. 2d 1211. and 14 th Amendments under the US Constitution. Due process required her to set the petitioner’s said motion after he made an attempt to call her and schedule a hearing date. but only to enforce a right already clearly and certainly established in the law”). See City of Coral Gables v. 866-67(Fla. 44 So. Worley. e. 396 So. The purpose of the writ of mandamus is to coerce performance of existing official duties. 2d 298.” Based upon all of the foregoing grounds and the authorities cited therein. Corp. 561 So. 2d at 401. 4th DCA 1996). 1950) (stating “*i+f the discharge of the duty requires the exercise of judgment or discretion the act is not ministerial and mandamus will not lie”). 2d 789. 674 So. .
at approximately 5:40 PM. then this foregoing Mandamus serves as a grievance against the named officials. for the 19 th Judicial Circuit. Petitioner wrote Joseph Smith an email asking him to file the said pleading in all listed case numbers. If this Court agrees with my philosophy (reasoning). Petitioner files Mandamus in an attempt to get Respondents to perform ministerial duties that are clearly established. 1998. It is of my opinion that mandamus directed at court officials serves as a means to grieve them and to police the courts. except to a higher court of law. so 8 that he could grieve the fact that his Affidavit in the nature of Writ of Error Coram Nobis wasn’t filed in all listed case numbers. the petitioner never got a response back. 2012. EXHAUSTION OF ADMINISTRATIVE REMEDIES Exhaustion of administrative remedies regarding grounds I. various offenses were allegedly committed at . State of Florida. In other words. and V are not applicable because the proceedings are already state court proceedings and have always been. but he did get Joseph Smith’s email address. Petitioner files this Mandamus in good faith because he believes that there is no other option to get judicial officers/member of the court to perform ministerial duties that are already clearly established. but unfortunately. the petitioner can’t file a grievance or complaint against court officials regarding court issues to any other administrative agency. II. Respondents. Exhaustion of administrative remedies regarding ground III wasn’t feasible because petitioner asked for a grievance.action qualifies for mandamus action due to the fact that Respondents have failed to do ministerial duties that are clearly established. on May 18. VI. The petitioner received no grievance. STATEMENTS OF THE CASE AND FACTS On February 23. when he appeared in person to file some pleadings.
Home Invasion Robbery (lesser) F. Tracey Nemerofsky announced a no process on counts VI – Burglary of Dwelling with an assault. the Petitioner appeared in open court with Special Public Defender. 1998. X – Battery on an elderly Person While wearing a Mask. Levin was present for the state of Florida. The above series of events lead to the arrest of the petitioner. Petitioner was sworn and entered a plea of no contest to count II. Dan Vaughn. and XIV – Aggravated Assault with a Deadly Weapon. and Battery while wearing a Mask (See case number 98-823-CF). Florida. if you count every day of the petitioner’s illegal incarceration stemming from case number 98-823-CF.25) months state prison with 1066 days jail time credit by Judge. 2001. 1999. serving 5 years and ten months in state prison. F. Battery on an Elderly Person while wearing a Mask. Michael J. located at 613 SW Pueblo Terrace in the City of Port Saint Lucie. On February 14. Leatha Mullins. Aggravated Assault with a Deadly Weapon while wearing a Mask. Kessler. 2.S.Battery while wearing a mask.135F1. On April 9. who was charged with Armed Home Invasion Robbery with a Firearm while wearing a mask. The petitioner was released from state prison on September 16. on March 16. Assistant State Attorney Tracey Nemerofsky was present for the state of Florida. because the State . Armed Burglary of a Dwelling while wearing a Mask. Petitioner filed an appeal and won. ASA. The Presentence Investigation (PSI) was waived and the petitioner was sentenced to count II – Seventy Ground Twenty-Five (70.the Chan’s residence. Assistant State Attorney Steven L.03M1. The arrest was illegal. 812. and count XVIII.010 days to be exact.S 784. The Petitioner’s case was reversed and remanded back to the 19 th Judicial Circuit. 2003. Petitioner was sentenced to 10 years state prison over his objection that he wanted to withdraw his plea. the Petitioner appeared in open court with Special Public Defendant.
for all claims). 8318-DRF. 2005.100 days of illegal incarceration altogether.9 On October 10. 2004. . and the petitioner blew under the state legal limit. and 90 days in case number 2004CT005567. illegally. Te Petitioner filed an Amend Motion to Suppress and got the charge dropped. The arrest was illegal. The Petitioner accepted a plea agreement with the State for 90 days in the County Jail for the violation of Reckless Driving Probation in case number 2004CT005567. 2. which was Reckless Driving. because petitioner filed a Motion to Suppress evidence in case number 562004CT005567. the petitioner appeared in open court with court appointed counsel. On July 15. the petitioner served 2. The petitioner violated his probation with a driving while license suspended ticket. and 6 months probation for driving while license suspended in case number 2005CT002801. The sentences were run concurrent. The petitioner was released from the County Jail after serving 90 days in jail. and etc (see Exhibit A: Affidavit: In the Nature of Writ of Error Coram Nobis.lack the jurisdiction and proper venue to do so. Case number 562007CF4217 was a 2007 criminal case that charged petitioner as a habitual traffic offender. the defendant was arrested and charged with Driving under the Influence (DUI) at approximately 0213 hours. as he has demonstrated this fact when petitioner filed his Affidavit: In the Nature of Writ of Error Coram Nobis (see Exhibit A) Altogether.100 days behind bars. illegally. which created case number 2005CT002801. The petitioner accepted a plea agreement from the state which was 6 months probation and it included the DUI to be dropped down to a lesser included offense. The charge was dropped down to Reckless Driving. For example. which equals 2. Doreen Reagent. because the state lacked the jurisdiction and proper venue to try the petitioner.010 days in case number 98-823-CF.
Case number 2010MM001552 is a criminal misdemeanor that the petitioner received timeserved with no probation in 2010. and violated defendant’s federally secured constitutional rights guaranteed by the 1 st . 13 th . kidnapping. are two traffic citations that charged petitioner as a defendant in 2007. slavery. If this is the case. the corporation of Florida. that is once Writ of Habeas Corpus is filed and the state continues its illegal incarceration. fraud. The petitioner received both traffic tickets at the same time. the State of Florida committed a false arrest. the State of Florida. As a result of the illegal arrest.Case numbers 2007TR043182 A1 and 2007TR043187 A1. racketeering. 11 th .5 th . the petitioner lost some of the best years of his life and the potential for a great deal of money too. trespass.000 US Dollars.00 US Dollars per day.10 The fee for illegal incarceration in Florida is roughly around $200. When the petitioner was illegally arrested and charged with various crimes. false imprisonment. owes the defendant $420. treason. as well as a felony conviction that makes it almost impossible to get a job and it bars the defendant from certain jobs. I .8 th . defamation of character. and 14 th Amendments under the US Constitution.
00 dollars per day. The federal and state governments came up with the Birth Certificate fraud.came to this conclusion by multiplying the total number of days defendant served behind bars with the going fee of $200. This was done unlawfully. which set up a streamlined process to pay exonerees $50. Case number 11CA2316. On August 26.000 US dollars. the Governments created the Birth Certificate in order to pledge the labor and the potential labor of the people as security and/or collateral for any debt accumulated by the governments when they borrowed money from the Federal Reserve Bank. the Birth certificate. is added. the Birth Certificate. easily. which rounds out to 6 years. According to the Victims of Wrongful Incarceration Compensation Act. in L. which pledged the petitioner as the security/collateral for the state and national debt. when the state of Florida issued a Birth Certificate in his former name EUGENE JAMES WILLIAMS. the State of Florida owes. the defendant $300. case . the informants. the bond that petitioner’s Birth Certificate created is being traded on the New York Stock Exchange and it’s worth Millions of Dollars. for the 5 years and 10 months of illegal incarceration. As of right now. in 1933 when this Country went bankrupt. and to the petitioner. In order to make a long story short. 2011. because of the great depression.T. in 2008. the Florida Legislature passed the Victims of Wrongful Incarceration Compensation Act. the State of Florida had the illusion of Personal Jurisdiction to prosecute the petitioner. the petitioner. However. because plaintiff was sold into slavery/citizenship/state property/bondage. As a result of the said fraud. filed an civil action against the state of Florida for birth certificate fraud and etc. EUGENE JAMES WILLIAMS. illegally.000 per year for wrongful incarceration as well as provide them access to tuition-free education. when the 90 days the defendant spent in county jail. because the petitioner in this case was too young to consent to the issuance of the Birth Certificate and full disclosure was never given to his parents.
(See Exhibit A: Affidavit: In the Nature of Writ of Error Coram Nobis & a demand for dismissal or state the proper jurisdiction. of the State of Florida. 2011. because the birth Certificate established citizenship. The petitioner filed a motion for default judgment on November 14.number 98-823-CF. because the petitioner wouldn’t be a subject. The State of Florida was enabled to do so. because the fraud.11 The State of Florida went into default on September 25. has ignored all pleadings in the case file. along with an Affidavit of Nationality (see Exhibit B). the State of Florida would have never been able to prosecute the petitioner when he was the defendant in the said L. State of Florida (See Exhibit A). if this Court wants to learn how the Birth Certificate fraud enabled the state of Florida to virtually ruin this petitioner’s life with all of its illegal prosecutions mentioned in that pleading. The petitioner has not received a hearing on this case and the judge. filed on April 17. 2011. Dan Vaughn. 2012. Case number 11CA2316. which is 30 days after the petitioner in this case filed the action on August 26. 2012. improper venue. 2012 (see Exhibit D). On April 17.T. and other cases too. the illegal contract. the petitioner filed an Affidavit: In the nature of Writ of Error Coram Nobis. no . which in fact ruined his life for the most part) (See L. a citizen. in the circuit court of the 19 th Judicial Circuit. in L. which is the Birth Certificate. If not for the fraud. at 11:28AM.T. in the criminal and traffic division. the Birth Certificate. The petitioner filed the said pleadings to correct the illegal null and void judgments of convictions that arose because the state of Florida lacked subject matter and personal jurisdiction. case number and other cases as well. standing. that created the plaintiff’s illegal citizenship status gave the State of Florida the illusion of personal jurisdiction to be able to illegally prosecute the plaintiff.T.Case Number 98-823-CF and others too). The petitioner never received a hearing for the said motion. The petitioner filed a First Amended Motion for Default Judgment on May 11. 2011 (see Exhibit C).
and etc. “You mean to tell me that a motion that I filed on May 11.. 2012(see Exhibit E). and First Amended Motion for Default Judgment (see Exhibit G). 2012. for a hearing?” There was a moment of silence. you would too if you was on the other end of this phone conversation. in order to schedule a hearing for Petitioner’s Motion for Default Judgment (see Exhibit H) that was filed on Friday. which resulted in the petitioner filing a Motion to dismiss: Sham pleadings (see Exhibit E). so the petitioner laughed again. On May 21.. 2012. isn’t on your docket yet? Someone had to pull my pleadings!” So Alice told me to hold on! Wait a minute! Don’t you go off assuming things! So I said in other words. 2012. a motion to consolidate (see Exhibit F). The petitioner requested to set the said motion for a hearing and Alice told the petitioner that she didn’t have the said motion yet and that she wasn’t for sure if Judge Dan Vaughn was the petitioner’s judge. 2012. the petitioner called Judge Dan Vaughn’s Judicial Assistance. for further detail). 2012. May 18. since you don’t have the default motion yet. 2012. “Well. on May 11. at or around 1:30PM Eastern. There was then another moment of silence.. Alice told the petitioner to hold on because she was looking and doesn’t see it.Corpus Delicti. because the 30 days petitioner gave the state of Florida to respond to his Affidavit/Writ of Error Coram Nobis (Exhibit A) had expired on May 17. to try the petitioner on all criminal and traffic cases (see Exhibit A. So I said. no holder in due course. the petitioner received a back-dated unsigned court order from the 19 th Judicial Circuit. Alice asked petitioner . On May 18. Alice Crump. 2012. could you please set my motion to dismiss: sham pleadings that I filed on May 11. Alice then told the petitioner that she sees the petitioner’s Motion for Default and petitioner’s Motion to Dismiss: Sham pleadings and that they would have to review my pleadings first and she has to see if Dan Vaughn is my judge. 10. The petitioner laughed and said. On May. the petitioner filed Petitioner’s Motion for Default Judgment (see Exhibit H).
12 The actions of Alice Crump constitute a denial of access to the courts. from Judge Dan Vaughn.for a number to reach him at. 2012. The court . no hearing was scheduled and it may never be scheduled at the circuit Court of the 19 th Judicial Circuit. Alice then told the petitioner in other words. On June 1. However. 2012 at or around 11:00AM. and Affidavit in the nature of Writ of Error Coram Nobis & a demand for dismissal or state the proper jurisdiction. the petitioner received an order. that what they do around here is their bread and butter and that she was a part of everything and that I would have to fight all of them. striking Motion to Dismiss sham pleadings.6 th . the petitioner called Alice Crump and told her don’t worry about scheduling any hearings.5 th . which is in violation of the 1 st . and 14 th Amendments under the US Constitution On May 23. (See Exhibit I: Constructive Notice of Refusal: In the nature of Writ of Coram Non Judice). 2012. so he gave her his phone number. dated May 23. Motion to consolidate. because I was transferring the case to Federal Court. suppression of evidence. and obstruction of justice.8 th .
struck all of the said pleadings without having the jurisdiction to do so.S. 216. the petitioner received an order. 471. 2012. 101 S. The court committed treason when it done so. denying motion for default judgment (see Exhibit J: Notice to the court: In the Nature of Writ of Coram Non Judice). The petitioner is not a civil defendant. because the petitioner has not exhausted all of his state court remedies. transfer. ct. 257 (1821)). because the federal court just doesn’t have jurisdiction yet. Will. from Magistrate/T. On June 2. 19 U. dated May 29. 200. because jurisdiction was never proven on the record. (6wheat) 264. so it is very unlikely that the federal court would remove the petitioner’s criminal cases even after considering all of the exceptional circumstances that may warrant removal. the judge is engaged in an act or acts of treason. 2 nd 392. 406 (1980) Cohen vs.” (See US vs. 449 U.O. he is a criminal defendant that seeks removal. in order to . 404 5 L. because the court lacks jurisdiction. Ed. or change of venue. 66 L..H. the petitioner filed a notice of removal/change of venue/motion to transfer (see Exhibit K). “When a judge acts when he or she does not have jurisdiction to act. and the way she talked to the petitioner has a lot to do with the attempted transfer/removal. 2012. The petitioner’s attempted removal does not bar this foregoing writ of mandamus. Ed. 2012. On June 6. because it’s obvious that the 19 th Judicial Circuit is a hostile environment and Alice Crump was obviously giving petitioner the run-around and a hard time about scheduling any hearings.S. Virginia. in an attempt to remove the above-styled cause. because removal is only for civil defendants. the southern District of Florida. which is very evident because this foregoing writ of Mandamus is a State court remedy that could be the remedy that grants the petitioner the relief he seeks. Petitioner is in contact with the Federal Court.
I got a little impatient and filed for removal in Federal Court two days before the petitioner received the correspondence from this Court. All petitioner 13 had to do was wait for an response from this Court when the petitioner first grieved his dissatisfaction with the proceedings of the L. on May 11. to perform clearly established ministerial duties. v. 2012. The state of Florida refuses to prove jurisdiction and is therefore silent. which would make them liable for damages. because they don’t want to admit fraud. The petitioner’s patience had run out and petitioner was frustrated with all of the actions and inactions of the Respondents.S. v. 2d. .T. Petitioner thought this Court would not police the actions and inactions of the L. 322 U. “Acknowledgment of New Case. There is no need for Federal intervention at this point. “Silence can only be equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading. which is two days after petitioner attempted to remove the above-styled cause from state court to Federal Court..” dated 6/4/2012. 238 (1944)). I fear that if this Court does not compel the said Respondents. However. The case number is 2:12-CV-14201-JEM. on 6/8/2012.voluntarily withdraw his action of removal. The petitioner apologizes to the Court for seeking removal in federal court. via this foregoing Writ of Mandamus.T. HartfordEmpire Co. Tweel. 297 (5 th cir. El Bey. court. 2012. court. The petitioner received the said correspondence from this Court. justice will never be served. Petitioner has filed a motion to dismiss the said action (see Exhibit L). Petitioner had thought that this Court had went silent on his claims. 1977)).” (See U. because it’s evident that the respondents will not do what is right. which was filed on June 6. Fraud upon the court also warrants dismissal (see Hazel-Atlas Glass Co.S. The US District Court Case Name for the said action is State of Florida v. because petitioner has this Court to ensure fairness. 550 F. when petitioner filed a cover letter along with other pleadings. titled as.
because we need the justice system. I guess it is fair to say that anyone in the petitioner’s shoes would want his criminal and traffic record cleared and would want compensation for all the time served illegally behind bars. 483 U. in McNally vs. This Court would never allow the petitioner to do that anyway. The Petitioner just wanted to make this clear for all Florida courts.” ~ This quote was taken from the Court. The State of Florida will remain in business. I understand that the criminal justice system is needed in order to ensure law and order. court to do that? Well. so why did the petitioner ask the L. . granting this foregoing Writ of Mandamus is not a threat to national security.S. “A nation without Law and order is not a nation at all. but the State of Florida can relax. and without it there would be chaos. 350 (1987). United States.T. thereby. court to prevent the State of Florida from trying defendants without having the proper venue and jurisdiction. because petitioner asked the L. making all of the respondents subject to the relief sought in this foregoing writ of Mandamus. I give this Court my word on that. as a great philosopher. “The writ of Error Coram Nobis has never been abolished. The petitioner understands that his action (see Exhibit A) is very intimidating. because the right to clear one’s name is a fundamental right. so the criminal justice system serves as a means of national security. that we have that settled. the signature of the holder in due course.” ~ Amunhotep El Bey Now. and etc. because Petitioner’s action is no threat to anyone’s livelihood. just to answer his own question: the request was just merely a scare tactic.The Respondents may also fear that the petitioner’s action (see Exhibit A) if fully granted would put an end to the justice system. Well.T. because a civil action is war.14 CONCLUSION The Respondents failure to do clearly established ministerial and/or judicial duties constitutes a denial of access to the courts in violation of fundamental US Constitutional rights. due to its power. so lawyers and judges will always have jobs in this corporation called America. the Corpus Delicti.
to do his ministerial and/or judicial duty by ordering him to review and/or hear Petitioner’s Motion for Default (see Exhibit H). because the Florida Rules of Court is clear and well established as to his duty as a judge regarding the disposition of the said pleading. case numbers in civil default due to the state’s failure to respond within 30 days . based upon all of the foregoing grounds. case numbers. which has all of the petitioner’s criminal L. “There is but one cause of action and that is civil. Joseph Smith.T.T. better known as. Affidavit: In the Nature of Wit of Error Coram Nobis (See Exhibit A). Petitioner is referring to the pleading filed in this Court as Exhibit A. because petitioner clearly qualifies for its issuance and for all relief requested. T. (2.” Rule 2. cases can be consolidated in accordance with the father and moter of all American rules of Procedure.)Order Respondent.” All L. facts. to do his ministerial and/or judicial duty by ordering him to file Petitioner’s Affidavit in the Nature of Writ of Error Coram Nobis (see Exhibit A) in all listed L. a civil action. prepare the record. cases can be consolidated with L. Judge Dan Vaughn. “The Federal Rules of Civil Procedure. due to Petitioners counterclaim against the state. and etc.T. Judge Dan Vaughn. (4. Judge Dan Vaughn. and the authorities cited therein. cases anymore. to do his ministerial and/or judicial duty by ordering him to review and/or hear Petitioner’s Motion to Consolidate (see Exhibit F).T. because as the Clerk of the Circuit Court his duty is clear and established to file documents. Case Number 11CA2316. (3. There is nothing criminal about any of the petitioner’s L.)Order Respondents.)Order Respondent.RELIEF SOUGHT WHEREFORE. because all actions are civil. the petitioner respectfully requests this Honorable Court to grant the following relief: (1. to do his ministerial and/or judicial duty by ordering him to accept Coram Nobis Jurisdiction.T. and grant it so that all L.)Order Respondent.
the Florida Department of State. O. R. Fort Pierce. it is clearly established. O. Fort Pierce. Fort Pierce. Alice Crump. Fort Pierce. Room #1016. Florida.15 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished by US Mail to: The Clerk of the Circuit Court . 34954. NW Washington. FL. Alice Crump. P. DC 20220. 20590. on this ___day of ____________________. 500 S. 1210-G Capitol Circle. 34954. to do her ministerial and/or judicial duty by ordering her to schedule a hearing for petitioner’s Motion for Default Judgment (see Exhibit H) in order to provide the petitioner with his due process rights of access to the courts. Box 700. Judicial Assistant.(5. Box 700. P. the State Attorney’s Office. 101 South US Highway 1. 500 South Duval Street.)Order Respondent. Florida 32399. 34950. Box 700. FL 32301. Florida. Bronough. A. and The Clerk of the Supreme court of Florida. P. 34954. The Florida Department of Highway Safety & Motor Vehicles – DMV..)Order the Respondents to pay for any and all filing fees. which is a fundamental guaranteed constitutional right. Tallahassee. 32399-0250. Sate of Florida. the US Department of Transportation. Gary Building. the Office of the Attorney General. and attorney fees associated with this action. FL 32399-1050. The United States District Court. Florida. Secretary of the State. 1200 New Jersey. 34954. FL. Judge Dan Vaughn. (6. 1500 Pennsylvania Avenue. Southern District of Florida. court fees. therefore. 411 South Second Street. The US Department of the Treasury. SE Washington. Florida. The Capitol PL-01. Respectfully Submitted by:______________________ . DC. Tallahassee. 2012. Joseph Smith. P. O. Tallahassee. Florida. Fort Pierce. O. Fort Pierce. Tallahassee. Box 700. 34950.
Amunhotep El Bey.C.Defendant/petitioner. U.C. U.C. All Rights Reserved Without Prejudice. FL  . 1-207 / 308. Amunhotep El Bey 1230 Avenue I Fort Pierce. 1-103.C.