Clerk Demand To File

FIRST LAST NAME
ADDRESS
COUNTY, STATE ZIP CODE
NAME OF COURT WITH COUNTY AND STATE
Filed:__________________________
Clerk or Deputy Clerk:_______________________
ORDER TO CLERK OF COURT TO PERFORM SPECIFIC MINISTERIAL ACTS IN ACCORDANCE
WITH SUPREME COURT OF THE UNITED STATES MATTER “United States v. Lombardo,
241 U.S. 73, 76-77, 36 S.Ct. 508, 60 L.Ed. 897 (1916)
1. Federal Laws are enforceable in state courts, therefore please refrain from
not accepting pleadings under federal rule FPRC 5(d)(2) under the often
mistaken claim that federal laws do not apply in state courts, but the
Supreme Court of the United States made it clear that federal laws are
enforceable in state courts. “Federal law is enforceable in state courts not
because Congress has determined that federal courts would otherwise be
burdened or that state courts might provide a more convenient forum —
although both might well be true — but because the Constitution and laws
1
passed pursuant to it are as much laws in the States as laws passed by the
state legislature. The Supremacy Clause makes those laws "the supreme
Law of the Land," and charges state courts with a coordinate
responsibility to enforce that law according to their regular modes of
procedure. "The laws of the United States are laws in the several States,
and just as much binding on the citizens and courts thereof as the State
laws are. . . . The two together form one system of jurisprudence, which
constitutes the law of the land for the State; and the courts of the two
jurisdictions are not foreign to each other, nor to be treated by each other
as such, but as courts of the same country, having jurisdiction partly
different and partly concurrent." [Howlett v. Rose, 496 US 356 - Supreme
Court 1990]
2. The Clerk of the Court is a ministerial position not having authority of a
tribunal. Therefore, the Clerk of the Court is required to carry out its
ministerial duties without acting as a tribunal, and dismissing paperwork
based upon legal conclusions that exceeds its jurisdiction.
3. Under Full Faith and Credit Clause under Article 4 Section 1 of the
U.S. Constitution this court must honor judgments by courts within the
territories of the United States of America, especially the highest court on
the land The Supreme Court of the United States.
2
4. The Supreme Court of the United States in matter United States v.
Lombardo, 241 U.S. 73, 76-77, 36 S.Ct. 508, 60 L.Ed. 897 (1916) requires
the clerks office must accept possession and file pleadings regardless of
local rules. The provisions of the Federal Rules of Civil Procedure
concerning filing supplement, rather than alter, the Lombardo approach:
[“United States v. Lombardo, 241 U.S. 73, 76-77, 36 S.Ct. 508, 60 L.Ed.
897 (1916). Lombardo has long been considered as establishing the
"physical delivery" rule such that the date of delivery is the date of filing
for statutory purposes. See, e.g., Wiggins v. Internal Revenue Service, 59
A.F.T.R.2d 87-445, 87-1 USTC P 9180, 1986 WL 15574, *2 (D.Md.1986).
The provisions of the Federal Rules of Civil Procedure concerning filing
supplement, rather than alter, the Lombardo approach: The clerk shall
not refuse to accept for filing any paper presented for that purpose solely
because it is not presented in proper form as required by these rules or
any local rules or practices.” Stone Street Capital, Inc. v. McDonald's
Corp., 300 F. Supp. 2d 345 - Dist. Court, D. Maryland ] The clerk of the
court, like a recorder, is required to accept pleadings and file them.
5. The Federal Rules of Civil Procedure was the agreed format for the court
proceedings.
6. A paper is filed upon delivering it (A) to the clerk. FPRC 5(d)(2)
3
7. The job of the clerk of the court “is to file pleadings and other documents,
maintain the court's files and inform litigants of the entry of court orders.”
Sanders v. Department of Corrections, 815 F. Supp. 1148, H49(N.D. Ill.
1993). (Williams v. Pucinski, 01C5588 (N.D.Ill. 01/13/2004).)
8. The duty of the clerk is to make his record correctly represent the
proceedings in the case. Wetmore v. Karrick, 27 S. Ct. 434, 205 U.S. 141
(U.S. 03/11/1907 Failing to file documents presented and reflect the
documents on the docket is a failure to perform the ministerial duties of
the Clerk of Court.
9. It is hereby the order of this court of record that the Clerk of the Court for
the [NAME OF THE COURT] fulfill its obligations under the authority of
law and file any documents presented for said purpose.
POTENTIAL VIOLATIONS OF LAWS BY REFUSAL TO ACCEPT PLEADINGS
1. 18 U.S. Code § 2076 - Clerk of United States District Court “Whoever,
being a clerk of a district court of the United States, willfully refuses or
neglects to make or forward any report, certificate, statement, or document as
required by law, shall be fined under this title or imprisoned not more than
one year, or both.”
2. 18 U.S. Code § 2071 - Concealment, removal, or mutilation generally –
“Concealment, removal, or mutilation generally – (a) Whoever willfully and
4
unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts
to do so, or, with intent to do so takes and carries away any record,
proceeding, map, book, paper, document, or other thing, filed or deposited
with any clerk or officer of any court of the United States, or in any public
office, or with any judicial or public officer of the United States, shall be
fined under this title or imprisoned not more than three years, or both. (b)
Whoever, having the custody of any such record, proceeding, map, book,
document, paper, or other thing, willfully and unlawfully conceals, removes,
mutilates, obliterates, falsifies, or destroys the same, shall be fined under this
title or imprisoned not more than three years, or both; and shall forfeit his
office and be disqualified from holding any office under the United States. As
used in this subsection, the term “office” does not include the office held by
any person as a retired officer of the Armed Forces of the United States.”
3. 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant
(a)(1) Whoever kills or attempts to kill another person, with intent to—(A)
prevent the attendance or testimony of any person in an official proceeding;
(B) prevent the production of a record, document, or other object, in an
official proceeding; or(C) prevent the communication by any person to a law
enforcement officer or judge of the United States of information relating to
the commission or possible commission of a Federal offense or a violation of
conditions of probation, parole, or release pending judicial proceedings;shall
5
be punished as provided in paragraph (3).(2) Whoever uses physical force or
the threat of physical force against any person, or attempts to do so, with
intent to—(A) influence, delay, or prevent the testimony of any person in an
official proceeding;(B) cause or induce any person to—(i) withhold
testimony, or withhold a record, document, or other object, from an official
proceeding;(ii) alter, destroy, mutilate, or conceal an object with intent to
impair the integrity or availability of the object for use in an official
proceeding;(iii) evade legal process summoning that person to appear as a
witness, or to produce a record, document, or other object, in an official
proceeding; or(iv) be absent from an official proceeding to which that person
has been summoned by legal process; or(C) hinder, delay, or prevent the
communication to a law enforcement officer or judge of the United States of
information relating to the commission or possible commission of a Federal
offense or a violation of conditions of probation, supervised release, parole,
or release pending judicial proceedings; shall be punished as provided in
paragraph (3).
_______________________________
[YOUR NAME AND ADDRESS]
6
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FIRST LAST NAME

NAME OF COURT WITH COUNTY AND STATE

Clerk or Deputy Clerk:_______________________

ORDER TO CLERK OF COURT TO PERFORM SPECIFIC MINISTERIAL ACTS IN ACCORDANCE

241 U.S. 73, 76-77, 36 S.Ct. 508, 60 L.Ed. 897 (1916)

enforceable in state courts. “Federal law is enforceable in state courts not

because Congress has determined that federal courts would otherwise be

burdened or that state courts might provide a more convenient forum —

Law of the Land," and charges state courts with a coordinate

responsibility to enforce that law according to their regular modes of

as such, but as courts of the same country, having jurisdiction partly

different and partly concurrent." [Howlett v. Rose, 496 US 356 - Supreme

2. The Clerk of the Court is a ministerial position not having authority of a

ministerial duties without acting as a tribunal, and dismissing paperwork

based upon legal conclusions that exceeds its jurisdiction.

territories of the United States of America, especially the highest court on

the land The Supreme Court of the United States.

local rules. The provisions of the Federal Rules of Civil Procedure

concerning filing supplement, rather than alter, the Lombardo approach:

897 (1916). Lombardo has long been considered as establishing the

for statutory purposes. See, e.g., Wiggins v. Internal Revenue Service, 59

A.F.T.R.2d 87-445, 87-1 USTC P 9180, 1986 WL 15574, *2 (D.Md.1986).

The provisions of the Federal Rules of Civil Procedure concerning filing

because it is not presented in proper form as required by these rules or

any local rules or practices.” Stone Street Capital, Inc. v. McDonald's

court, like a recorder, is required to accept pleadings and file them.

6. A paper is filed upon delivering it (A) to the clerk. FPRC 5(d)(2)

Sanders v. Department of Corrections, 815 F. Supp. 1148, H49(N.D. Ill.

1993). (Williams v. Pucinski, 01C5588 (N.D.Ill. 01/13/2004).)

(U.S. 03/11/1907 Failing to file documents presented and reflect the

documents on the docket is a failure to perform the ministerial duties of

the Clerk of Court.

law and file any documents presented for said purpose.

POTENTIAL VIOLATIONS OF LAWS BY REFUSAL TO ACCEPT PLEADINGS

1. 18 U.S. Code § 2076 - Clerk of United States District Court “Whoever,

being a clerk of a district court of the United States, willfully refuses or

neglects to make or forward any report, certificate, statement, or document as

one year, or both.”

2. 18 U.S. Code § 2071 - Concealment, removal, or mutilation generally –

“Concealment, removal, or mutilation generally – (a) Whoever willfully and

proceeding, map, book, paper, document, or other thing, filed or deposited

document, paper, or other thing, willfully and unlawfully conceals, removes,

3. 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant

prevent the attendance or testimony of any person in an official proceeding;

(B) prevent the production of a record, document, or other object, in an

official proceeding; or(C) prevent the communication by any person to a law

enforcement officer or judge of the United States of information relating to

the commission or possible commission of a Federal offense or a violation of

conditions of probation, parole, or release pending judicial proceedings;shall

intent to—(A) influence, delay, or prevent the testimony of any person in an

official proceeding;(B) cause or induce any person to—(i) withhold

testimony, or withhold a record, document, or other object, from an official

proceeding;(ii) alter, destroy, mutilate, or conceal an object with intent to

impair the integrity or availability of the object for use in an official

proceeding;(iii) evade legal process summoning that person to appear as a

witness, or to produce a record, document, or other object, in an official

proceeding; or(iv) be absent from an official proceeding to which that person

communication to a law enforcement officer or judge of the United States of

information relating to the commission or possible commission of a Federal

offense or a violation of conditions of probation, supervised release, parole,

or release pending judicial proceedings; shall be punished as provided in

[YOUR NAME AND ADDRESS]