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finding liens or claims against judicial officers and other government officials to be "generally unintelligible, legally frivolous, void, and a nullity"
Summary of this case from U.S. v. McGuganOpinion
No. CIV 04-2585-PHX-EHC.
March 9, 2005
ORDER
On November 18, 2004, the United States of America (Government) filed a Complaint for Permanent Injunction and for other Relief, naming Tony S. Dutson, and Micaela R. Dutson, as Defendants and citing 28 U.S.C. §§ 1340 and 1345, and §§ 7402(a) and 7408 of the Internal Revenue Code of 1986 (26 U.S.C.) ("Code"). (Dkt. 1).
Returns of Service for both Defendants were filed December 4, 2004. (Dkts. 10 and 11).
On December 10, 2004 (Dkt. Nos. 2, 3, 4, 5, 6 and 7) Defendants filed various materials, titled:
Dkt. 2 — Acceptance of Fiduciary, purporting to accept "Martin M. Shoemaker" ..to be the fiduciary for the Tony S. Dutson trust #543-74-3715, a U.S. minister/resident residing in the State of Arizona . . .". Attached, amongst other items, is a copy of the summons and complaint, with the handwritten signature of Defendant Tony S. Dutson, and "Accepted for value front and back and returned in settlement and closure of this accounting December 7, 2004" and below the signature "EIN #543743715." The "EIN" etc is identified as his exemption ". . . to settle the above-referenced account," with a "credit to the Order of the Department of the Treasury/Internal Revenue Service in the amount: $500,000.00."
The trial attorney Tax Division, U.S. Department of Justice, who filed the complaint.
Also attached is a "UCC Financing Statement" and a "Certificate of Protest" for the Governments refusal "to perform on foreign bill of exchange #150003 mailed from Arizona to Oregon, valued at $30,000.00, dated 07/29/04, and submitted by Tony Stewart Dutson, for settlement of account/case # 543-74-3715."
Dkt. 3, the same material filed in Dkt. 2;
Dkt. 4, the same material filed in Dkt. 2, and accepting "John Ashcroft," as "Fiduciary," including an "Indemnity Bond" in the sum of $5,000,000.00 . . . through his #encryption #543743715."
Dkt. 5, "Acceptance of Fiduciary for Martin M. Shoemaker," as "Fiduciary" signed by Micaela Renee Dutson, general trustee for Micaela R. Dutson "#307-50-9656."
Dkt. 6, is the same material filed in Dkt. 4, and signed by Micaela Renee Dutson, for John Ashcroft, as "Fiduciary."
Dkt. 7, is a rescript of Dkt. 5, but naming "Mark W. Everson" as "Fiduciary."
Dkt. 8 purports to be a "registered acceptance of presentment dated December 7, 2004, Account #543-74-3715; Case #CV'04 2585 PHX EHC." Defendant is identified as a "secured party/creditor."
On December 22, 2004, Defendant Tony Stewart Dutson, naming himself as "Libellant," filed a Motion (Dkt. 12) captioned as follows:
UNITED STATES OF AMERICA ) Case # CV'04 2585 PHX EHC Plaintiff, ) v ) PETITION IN THE NATURE OF A TONY S. DUTSON AND MICAELA R DUTSON ) MOTION TO DISMISS FOR LACK Defendant. ) OF JURISDICTION AND ) PETITION IN THE NATURE OF A ) MOTION FOR SETTLEMENT AND ) CLOSURE OF THE ESCROW ) Tony-Stewart: Dutson, and Micaela-Renee: ) Dutson, secured parties, Real Parties In ) Interest, Lien Holders on the Vessel, The ) Principal Injured Third Party Interveners, ) Libellants, ) ) vs. ) ) Paul Charlton, United States Attorney, ) Martin M. Shoemaker, Esquire #001340, ) Marilyn Page, Internal Revenue Agent ) #91-06702, Michael Seal, IRS Group Manager, ) Amy Blaster, Special Agent, Craige Walker, ) Special Agent, Mark W. Everson, IRS ) Commissioner, US VESSELS, JOHN DOES and ) JANE DOES 1-100, Jointly and Severally, ) Libellees. )
On December 27, 2004, Defendant's Motion (Dkt. 12) was set for hearing January 10, 2005 and reset for January 18, 2005. (Dkt. 15).
On January 5, 2005, Defendant Tony Stewart Dutson; identified himself as:
. . . being a living flesh and blood actual man, non-legal fiction, creditor and secured party, injured party Libellant, hereinafter referred to as 'Libellant', state the following: Libellant is the agent for Tony Dutson, also known as TONY STEWART DUTSON 543-74-3715, a non-living entity, Stramineous homo, commercial Strawman, artificial entity, legal fiction, US VESSEL.
The Motion asserts, amongst other matters, that:
Libellant holds a priority secured claim against TONY S. DUTSON and MICAELA R. DUTSON.
The Motion asserts that an additional sixty days is required for Libellant "to exhaust all [of his] administrative remedies prior to continuation of Case No. CV'04 2585 PHX EHC" and that otherwise the "law requires said case be dismissed."
The Motion was heard January 18, 2005. Defendants appeared personally. Government counsel appeared telephonically. The Court granted Defendants ten days from January 18, 2005, to file an answer or written response pursuant to the Rules of Civil Procedure. (Dkt. 17).
On January 27, 2005, Defendant filed a "Motion for Enlargement of Time under F.R.C.P. 6(b) or in the Alternative, Motion to Dismiss," (Dkt. 19) with the same caption as Dkt. 12.
On January 27, 2005, Defendants filed a 14 page "Petition in the Nature of a Motion to Dismiss for Lack of Jurisdiction and Petition in the Nature of a Motion for Settlement and Closure of the Escrow." (Dkt. 20).
An "Affidavit" of Defendant was filed January 27, 2005 (Dkt. 21), alleging, amongst other matters:
The United States of America is a fiction (corporation), and Libellants are visitors in a court of fiction and make only a restricted appearance; Libellants are actual beings of the Creator, and are of the Creator's likeness of character; that the Creator's law and truth proceed from the Holy Scriptures which are truth and are not inferior to the world of corrupted fiction that has no righteousness in it, and which is manipulated by Libellees, et al., claiming immunity for Libellees' acts to intentionally create confusion, fraud, scienter acts and continuous torts.
On February 4, 2005, the Government filed a "Response to Dutsons' Petition on the Notice of Motion to Dismiss" (Dkt. 22) and a "Response to Defendant's Motion for Enlargement of Time." (Dkt. 23).
Under date of January 26, 2005, Defendant mailed to the Court a copy of "Notice of International Commercial Claim within the Admiralty ab initio". The Notice named this Court as a "Libellee," along with "Martin M. Shoemaker, dba Esquire #001340, U.S. Department of Justice" and "Paul Charlton, dba United States Attorney."
The Notice provided that "Libellee Earl H. Carroll is charged with distributing copies to mail to all other named Libellees."
Under date of February 8, 2005, Defendants mailed to the Court a copy of a "Notice of Fault-Opportunity to Cure," with copies to be distributed by the Court.
Under date of February 14, 2005, Defendants mailed to the Court a copy of a "Notice of Default" with copies to be mailed by the Court.
Under date of February 19, 2005, Defendants mailed to the Court a copy of a "First Notice of Demand and Settlement for Closing of Escrow"; again with copies to be mailed by the Court.
Under date of February 24, 2005, Defendants mailed to the Court a copy of a "Second Notice of Demand and Settlement for Closing of the Escrow" and charging the Court "with distributing copies to all other above named Libellees."
Dkt. 24, filed February 10, 2005, was addressed to the Clerk, enclosing the following:
1. UNITED STATES' RESPONSE TO DUTSONS' PETITION IN THE NATURE OF MOTION TO DISMISS, ETC., with its accompanying envelope, accepted for value and for consideration, pursuant to F.R.C.P. 8, and returned;
2. UNITED STATES' RESPONSE TO DUTSONS' MOTION FOR ENLARGEMENT OF TIME, accepted for value and for consideration, pursuant to F.R.C.P. 8, and returned; and
3. Certificate of Service
Please file the above listed documents into the case number listed above, and send the second copy to the judge.
Under date of March 1, 2005, Defendants mailed to the Court a copy of a Certificate of Service and a copy of a "Contractual and Final Notice of Demand and Settlement for Closing of the Escrow" and charging this Court "with distributing copies to all other named Libellees."
Defendants are advised that neither the Clerk nor this Court have any obligation to serve copies of matters submitted for filing in a proceeding.
It would serve no useful purpose to attempt to otherwise summarize the materials filed by Defendants. Suffice it to say that they threaten various actions and/or penalties, against the Court (U.S. District Judge Earl H. Carroll) or government attorneys and are generally unintelligible, legally frivolous, void, and a nullity. The have no legal force or effect and are unenforceable. See: Ryan v. Bilby, 764 F.2d 1325, 1327 (9th Cir. 1985); See also 26 U.S.C. § 7402; Cook v. Peter Kiewit Sons, Co., 476 U.S. 1183 (1986); United States v. Thomas, 819 F.Supp. 927 928 (D. Colo. 1993); United States v. Van Dyke, 568 F.Supp. 820 (D. Or. 1983).
Accordingly,
IT IS ORDERED that the Clerk of the Court file in this docket (left side) the documents mailed to this Court for distribution by the Court;
IT IS FURTHER ORDERED that, to the extent Defendants seek to assert a claim or lien against this Court (U.S. District Judge Earl H. Carroll), the United States, or any attorneys or agency of the United States, such claim or lien is a nullity, void, and of no force or effect and unenforceable;
IT IS FURTHER ORDERED that the Clerk of the Court mail copies of this Order to Defendants; Paul Charlton, U.S. Attorney; and Martin M. Shoemaker, Attorney for Plaintiff;
IT IS FURTHER ORDERED denying Defendants' Motions to Dismiss (Dkts. 19, 20) and Motion for Enlargement of Time (Dkt. 19) and all other Motions to Dismiss filed by Defendants;
IT IS FURTHER ORDERED that any matters filed in this case which do not include a Certificate of Service on the other party shall not be docketed by the Clerk;
IT IS FURTHER ORDERED that all matters filed on behalf of both Defendants shall be signed by both Defendants;
IT IS FURTHER ORDERED setting a pretrial conference for the31st day of March, 2005, at 1:30 p.m., with Defendants and counsel for the Government to be personally present.