US Supreme Court Decision Rodrigues v. Ray Donavan (U.S. Department of Labor) 769 F. 2d 1344, 1348 (1985) .1
US Supreme Court Decision Rodrigues v. Ray Donavan (U.S. Department of Labor) 769 F. 2d 1344, 1348 (1985) .1
Case No.________________
YUSUFU DANMOLA,
Petitioner,
V.
F07
r 032018
UNITED STATES OF AMERICA
Respondent,
Yusufu Danmola
B.O.P. Beaumont FCI- Medium
P.O. BOX 26040
Beaumont, Texas 77720
COVER PAGE
QUESTIONS FOR REVIEW
Question1 ............................................ 3
Question 2............................................11
Statutory Provision Relied Upon .......................11
Argument..............................................11-18
Page I-i
Table of Authorities
Accord Jordan v. Gilligan, 500 F.2d 701 (6th CA,1974) .10
Art. 1 Sec. 10 U.S. Const ....................................17
Art. 3 Sec. 2 U.S. Const ....................................1,12
Art. 4 Sec. 2 U.S. Const ....................................11
Art. 4 Sec. 4 U.S. Const ....................................4
Burell v. Henderson, et. al. 434 F.3d 826, 831 (6th CA 2006).10
Caha v. U.S. 152 U.S. 211 (1894) ............................7
Cardozo, J., in Berkey v. Third Avenue R. Co., 244 N.Y. 84
,94 .........................................................12
C.F.R. 27.72.11 .............................................12,15
Court-Blacks Law Dictionary 5th Edition P.318 ...............5
Cruden v. Neale,2 N.C. 338 (1796) 2 S.E. 70 .................17
District of Columbia v. Heller (2008) .......................6
Downs v. Bidwell, 182 U.S. 244 (1901) .......................5
Fed. Rules of Crim. Pro. 47(d) ..............................13
HJR-192 (House Joint Resolution 192) ........................16
Page 1-2
Minor v. Happerstt, 88 U.S. (21 Walt) 162, 22 L.Ed. 627.4
Olmstead v U.S. 277 U.S. 438, 478 (1928) ....................17-18
Oath of Office ..............................................5
Preamble....................................................
Presser v. Illinois, 116 U.S. 252 (1886) ....................7
Page 1-3
victim-Blacks Law Dictionary Tenth Edition .................8
William v. Berry,. HOW 945, 940 12 L.Ed. 1170, 1189
(1850) ......................................................10
Page 1-4
Constitutional and Statutory Provisions
i-i
Corporate Disclosure Statement
1-2
Un published Opinion of
U. S.D.C.
The above-captioned action was initiated on May, 2017,
u
by the receipt of the clerk of court from plaintiff, Yusuf
," to which
Danmola, of a four-page document titled "Complaint
on
plaintiff attached two pages that appear to be a continuati
the compl aint.
of the somewhat irrational statements made in
red by
Doc. 1. After having conducted the initial review requi
that plain tiff' s
28 U.S.C. § 1915, the court has concluded by
complaint and whatever relief he purpo rts to seek there
hould be dismissed.
al
Plaintiff is a prisoner seeking redress from a government
entity , United States of America. consequently, §
1915A is
applicable. It direc ts that the court shall revie w as soon as
in wh-
practible after docketing a complaint in a civil action
and
ich a prisoner seeks redress from a governmental entity,
if it
that, upon review, the court shall dismiss the complaint
relie f may be
is frivolous or fails to state a claim upon which
it fails to
granted. Plaintiff's complaint is frivolous, and
state a claim upon which relief may be granted. There fore,
1-4
Parties Jud2ment to be Reviewed
Circuit.
Statement of Jurisdiction
SMITH for case No. 17-10647. Such petition being brought before
the Court before 90 days have been exceeded holds proper juris-
asked like the rest of the defendants to state his name. Danmola
stated, "I am the living, breathing, flesh and blood man with
Danmola upon his turn had very few questions to ask witness
security number and Secured Party name and account number for the
had no relevance.
reserved his rights under U.C.C. sec. 1.308 and the same was
Upon trial 1/10/2017 Danmola was forced into the trial even
Danmola filed the civil case as well for 4:17-cv-416 which was
which was appeal No. 17-10583. Such was dismissed by Danmola with
the remedy sought to release Danmola from the B.O.P. which the
of the Fifth Circuit. Yet Danmola was not released from the B.O.-
dging the "prayer" to release Danmola was denied 5/8/2018 and to-
Question I.
Is the Court Allowed to Enforce a Case
Not in Pursuance with the Constitution
Page 4
Oath of Office
An individual, except the president, elected or appointed
to an office of honor or profit in the civil service or unifor-
med services, shall take the following oath "I,
do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States against all enemies, for-
eign and domestic that I will bear true faith and allegiance
to the same, that I take this obligation freely without any
mental reservation or purpose of evasion, and that I will well
and faithfully discharge the duties of the office on which I
am about to enter. So help me GOD. This section does not affect
other oaths required by law.
Baliffs who have all taken the respective oath of office carry
Court- The person and suit of the sovereign, the place where
the sovereign sojourns with his regal retinue, wherever that may
be. Blacks Law Dictionary 5th Edition page 318
Yet there is one last position which is the greatest posi-
tion of all due to the king prior to the Revolution being judge
people who judge suits of law and equity to insure the Consti-
tution is followed and corruption does not find its way into the
the Union.
Page 7
victim- A person harmed by a crime, tort, or other wrong. Blacks
Law Tenth Edition
It doesn't take a rocket scientist to see that the "UNI—
violated. Which the judge and prosecutor who took a oath not
takes away the most important right of the jury. This is the
most pivotal "fraud" used to win the 987 conviction rate the
second class.
Page 9
d that
beyond that power delegated to them. If they act beyon
contr avent ion of it, their judgments
authority, and certainly in ble, but
and orders are regarded as nulli ties; they are not voida
prior to rever sal." Willi am v. Berry,
simply void, and this even
HOW. 945, 940 12 L.Ed. 1170, 1189 (1850 )
-
"A judgment is void if the court acted in a manner inconmay
ss. A void judgment is a nullity and
sistent with due proce
Kan.
be vacated at anytime." In re Marriage of Hampshire, 261
854, 862, 939 P.2d 58 (1997 ).
s
"Subject-matter jurisdiction, because it involves a Court q-
Conse
power to hear a case, can never be forfeited or waved.
correction
uently, defects in subjectmatter jurisdiction require
ict Court."
regardless of whether the error was raised in distr
d Jor-
United States v. Cotton, 535 U.S. 625, 630 (2002); Accor vacate
must
don v. Gilligan, 500 F.2d 701 (6th CA,1974) ("A Court ll v.
: Burre
any judgment enterd in excess of its jurisdiction.") ing a
Henderson, et al., 434 F.3d 826, 831 (6th CA 2006) (Deny
se abuse of discr etion -
motion to vacate a void judgment is a per
Ohio. App. 3d 456. (1995 ) ("If the
."); State v. Swiger,ut125subjectmatter jurisdiction of the
trial court was witho
void ab
defendants case, his conviction and sentence would be
initio.")
jud-
Judge JOHN MCBRYDE denied a "motion to void order and
claim
gment." He even held it was "incomprehensible." Due his
as
of a "frivolous" case the law had to be provided as well
was
extraordinary law to prove such was false. Yet deviation
5th Cir-
again done by the Court. Although the Case was in the
n why
cuit he made claims the case was closed and saw no reaso
a
relief should be granted. The Fifth Circuit has been sent
from
"motion to void order and judgment" I have yet to hear
on
them. The U.S.D.C. for the criminal case was sent a "moti
R.
to void order and judgment" but was told by judge TERRY
his
MEANS that he could not rule on it and filed a 2255 on
not
own volition and instructed Danmola to dismiss if he did
la
want to file the 2255 Danmola never filed himself. Danmo
chose
filed the 2255 in fear of loosing his 2255 chance if he
Page 10
Question 2. Uniform
Are The Peo ple Pro hibited Liberty Of Usage of The
Court
Commercial Code in The Criminal
n
Statutory Provision Relied Upo
Page 11
t in the use of
"Observation: A person has a property righ assi gn." Gracey
sfer or
his or her name which a person may tran ).
App. 1989
v. Maddin, 769 S.W. 2nd 497 (Tenn. Ct.
rced rights and
"From the earliest times the law has enfoconcept-by
orat e
exacted liabilities by ustilizing a corp r than human beings.
recognizing that is, juristic persons othe
l operation has devel-
The theories by which this mode of lega
defined are the subje-
oped, has been justified qualified, andThe historic roots of a
ct matter of a very sizable library, phil osophic notions,
particular society, economic pres sure s,
law' s resp onse to the ways of
all have had their share in the
what is now the fam-
men in carrying on their affairs through
ttri buti on of legal rights
jar device of the corporation----A man is necessarily
and duties to a juristic person othe r than
e for it. No doubt,
a metaphorical process. And none the worshed.'" Cardozo, J.,
'Metaphors in law are to be narrowly watc
84, 94.
in Berkey v. Third Avenue R. Co., 244 N.Y.
due to the con-
Such juristic person serving such purpose
who has in "fact"
tract put in place by the UNITED STATES
purposes by way of
used the juristic person for commercial
holding, "All crimes
contract in the Court. C.F.R. 27.72.11
has construed the
are made commercial by way of contract"
g for U.C.C. Sec.
U.C.C. into the Criminal Court sufficin
being creditor and
1.103(a)(1)(2)(3) and (b). Yet Danmolà
has a "security in-
entered into a "agreement" with Debtor
eral Definitions"
terest" defined in U.C.C. Sec. 1.201. "Gen
urity interest".
section in regards to "agreement" and "sec
the B.O.P. Law Library
Danmola being deprived of U.C.C. Law by
he gave many reffer-
was not heard in the Court even though
stic person and
ences to his distinction between the juri
told the Court," I
himself. His first Detention hearing he
d man with a soul
am the living, breathing, flesh and bloo
with the fiction."
named Yusufu Danmola not to be confused
information. The Sec-
Such is "notice" and "knowledge" of such
Court upon his chance
ond Detention hearing Danmola told the
Page 12
to speak that his rights are reserved under U.C.C. Sec. 1.308
Pro. 47 (d).
U.C.C. Sec. 1.202. Notice;Knowledge
(a) Subject to Subsection (f), a person has "notice" of
a fact if the person:
has actual knowledge of it;
has recieved a notice or notification of it; or
from all the facts and circumstances known to the
person at the time in question, has reason to know that it exist.
(b) "knowledge" means actual knowledge. "Knows" has a
corresponding meaning."
(c) "Discover," "learn," or words of similar import refer
to knowledge rather than to reason to know.
(d) A person "notifies" or "gives" a notice or notificat-
ion to another person by taking such steps as may be reasonably
required to inform the other person in ordinary course, whether
or not the other person actually comes to know of it.
(e) Subject to Subsection (f), a person "recieves" a
notice or notification when:
it comes to that person's attention; or
it is duly deliverd in a form reasonable under the
circumstances at the place of business through which the contract
was made or at another location held out by that person as
the place for receipt of such communications.
(f) Notice, knowledge, or a notice or notification re-
cieved by an organization is effective for a particular trans-
action from the time it is brought to the attention of the
individual conducting that transaction and, in any event, fro-
m the time it would have been brought to the individuals atte-
ntion if the organization had exercised due diligence. An or-
ganization exercises due diligence if it maintains reasonable
routines for communicating significant information to the per-
son conducting the transaction and there is reasonable compl-
iance with the routines. Due diligence does not require an
individual acting for the organization to communicate informa-
tion unless the communication is part of the individual's
regular duties or the individual has reason to know of the
transaction and that the transaction would be materially
affected by the information.
Page 13
of the 14th Amendment (see 15 united States statute at large,
eign". You will notice in every document and motion Danmola has
and disparages the rights of the people to use the U.C.C. whi-
"The common law is the real law, the supreme Law of the
land, the code rules,regulations, policy and statutes are
"not the law". Self v. Rhay, 61 Wn (2d) 261
Page 14
The self same 2nd Detention hearing Danmola gave "notice"
having "ACCEPTED FOR VALUE" with the account number and credi-
tor and Debtor name with the Social Security number for the
Debtor. Such also had a "Money Order" on the bottom which was
Page 15
ter jointly and
variations in spelling of said name hereinaf fu Danmola," the 1-
severally "Debtor," except, "Abd ulla h Yusu
n by the distinctive
lying, breathing, flesh-and-blood man, know
ter- "Creditor."
appellation Abdullah Yusufu Danmola, hereinaf
essly agr-
"For valuable consideration Debtor hereby expr
on, and without
ees and covenants, without benefit of discussi rtakes the indem-
division, that Debtor holds harmless and unde and all claims,
nification of Creditor from and against any nds, liabili-
dema
legal actions, orders, warrants, judgments, s, cost s, fines,
ties, losses, depositions, summonses, law suitand expenses wha-
s,
liens, levies, penalties, damages, interest are due and as might
tsoever both abso lute and cont inge nt, as
here afte r arise, and as
become due, now existing and as might on, Debtor
as impo sed
might be sufferd/iricurred by, as well Debt or does
soev er.
for any reason, purpose, and cause what that Creditor
and agre e
hereby and herewith expressly covenant mann er what soever
shall not under any circumstance, nor in any
part y, nor a sure ty, for Debtor."
be considerd an accomodation
HJR-192 was
Yet even the tender of payment construed with
ent still is "disch-
in the instance refused then tender of paym
which was to be
arged" In accordance with U.C.C. Sec. 3.603
ng "notice" and
discharged in "Good Faith" due to Danmola givi
be "Liberally Ad-
"knowledge" by "action" which required such
ministerd":
Page 16
ed Party and by "fraud" has acted as the Creditor of the "Jur-
istic Person" YUSUFU DANMOLA which they are not in fact. There
when Danmola was cut off and forced into the proceeding with-
out "consent". Such was done due to the Court not willing to
prove that it in fact had no jurisdiction which the Court was
Page 17
right, every unjustifiable intrusion by the government upon the
privacy of the individual, whatever the means employed, must be
deemed a violation of the Fourth Amendment." Olmstead v. U.S.,
277 U.S. 438, 478 (1928).
legal papers also must have the same protection as any other
attornies who had "legal mail" on them. Thereby his 4th Amendment
Page 18
Reason Why Certiorari Should be Granted
"fraud" removed from the people. law and fact have been presen-
ted that proves remedy and proper redress must be given in this
instance.
Conclusion
herein was also not responded too. This is basic common law.
Page 19
Prayer
Danmola prays that this Certiorari is granted and Danmola
Date: (I '
Affidavit
of perjury.
Date:____________
Y-I
Yusufu Danmola
Page 20