dimiss.12-5017 based on no grand jury concurrence with no complaint!

7/27/2019 Dimiss.12-5017 Based on No Grand Jury Concurrence with no Complaint!

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUITThurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500

MOTION INFORMATION STATEMENTDocket Number(s): _ 1 , " " 2 ~ - - " , 5 - , , , 0 - - - , 1 . . . : . 7_____________ _ ___ -=Ca=ption [use short title]Motion for: to dismiss Shane -Christopher:Buczek-v-UNITED STATESNOT PRESENTED TO A GRAND JURYSet forth below precise, complete statement of relie f sought: Fifth Amendment Violation No Grand JuryJudicial Notice FRev 201 c(2)(d) and (e) of Concurrence form DC-54 and Not Presented to aGrand Jury No Real Party Rule 17aSIXTH CONGRESS. Sess. "Ch. 241801Public Servant's Questionnaire (Refer to Privacy of1974) Second Circuit Court of Appeals

MOVING PARTY: Shane -Christopher family of Buczek OPPOSING PARTY: UNITED STATES ein 16-1906078[{]Plaintiff DDefendant[{]AppellantiPetitioner DAppelleeJRespondent

MOVING ATTORNEY: Self livina man not a oerson OPPOSING ATTORNEY: Monica Richards Trustee[name of attorney, with firm, address, e!Jone number and e-mail]clo 7335 Derby Road 138 uelaware Avenue, Federal CentreDerbv New York rnear 140471 Buffalo, New York [near 14202]

[Non-DomestIc] [Without the US] [Non- AssumpSIt] fNon- Domestic without the OSl Non AssumpsitAll RIQhts Reserved OCG1-30B See 26 USC Sec. 6050P I ax Fraud False ClaimCourt-JudgelAgencyappealedfrom: William M. Skretny CIJI Buffalo New YorkPlease cbeck appropriate boxes: FO R EMERGENCY MOTIONS, MOTIONS FO R STAYS AND

INJUNCTIONS PENDING APPEAL:Has m o v ~ o t i f ~ o p p o s i n g counsel (required by Local Rule 27.1): Has request for rel ief been made below? Yes BNO

l i JYesUNo (explain): Has this relief been previously sought in this Court? Yes No------------ BRequested return date and explanation of emergency:_______ _Opposinl}.Q.unsel's position on motion:UUnopposed D>pposed IZJoon't KnowDoes opposing C()ull,e! intend to file a response:

r J Y e ~ D N o [{Joon't Know

Case: 12-5017 Document: 157 Page: 1 05/20/2013 944237 14


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United States Court of AppealsFor The Second Circuit

Shane Christopher family of Buczek No-12-5017

-v-UNITED STATES OF AMERICA

To: Clerk/Circuit JudgesDemand to Dismiss

AFFIDAVIT OF FACTS UNDER THE PENALTY OF PERJURY 28 USC Sec. 1746 (1 )and Mandatory Judicial Notice pursuant to FRev 201(c) (2) (d) and (e)

Shane Christopher, propria persona, principal, Real Party in Interest, bySpecial Appearance and proceeding Sui Juris. Now provides the following



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CONCLUSION

The accused submits to the court, under penalty of perjury the foregoingstatement of facts in his case, which disputes the alleged crimes so recklesslysought to be enforced against the accused by the Department of Justice.

F or the reasons stated above, this court is respectfully requested to acceptthis Statement ofFacts under the penalty of perjury in order to avoid a violation ofthe Accuser's Substantive and Due Process Rights.

Date 05116/2013Respectfully Submitted,BY:

~ ' >SI. .".... of ~ , "



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VerificationI Shane-Christopher House of Buczek Executor of the Estate in thisentitled matter, hereby verify under the penalty of perjury, underthe laws of the united states of America, that the above statements offacts and law are true and correct, according to the best of Mycurrent information, knowledge, and belief, so help Me God,pursuant to Gods Laws and Constitutional law of the Republic 28USC Sec. 1746 (1)

By:



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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

CAPTION:Shane-Christopher: Buczek v. CERTIFICATE OF SERVICE

Docket Number: ..,,;,1;::,,2,;;,,50;,,;.1,;;,,7__ _UNITED STATES

I, Sh05/16/2013

ane28 USC Sec.

(date)

Chris (name)1746( 1)topher

,, hereby certify under penalty of perjury that on

I served a copy of Judicial Noliee FRs. 201 [email protected] to 28 USCSec. 1746 (1) Sixth Congress. Sess. II. Ch. 24. 1801 FRAP 21 (b) (1) it must order the respondentto answer Due Process

(liSt all documents) IIi/ad? rn eY/ f ffby (select all applicable)* I)Hu,khi(!".j t9Ff

[ZJ United States .Mail Pub lit S f C u ~ , . J i[ZJ Federal Expresso Overnight .Mailm FacsimileI .f I E-mail[Z] Hand deliveryon the following parties (complete all information and add additional pages as necessary):Frank Perez, Deputy Clerk 40 Foley Square New York New York [near 10007]Name Address City State Zip Code

http:///reader/full/efCu~,.Jihttp:///reader/full/efCu~,.Ji


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Attachment 1 Case: 12-5017 Document: 157 Page: 6 05/20/2013 944237 14


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WaahiDgtoD, the ..me power aod authority as have been beretofore elereised by the CouDtr and levy courts of 1he atate of Maryland; witpower to appoint. to al other officee neeenary for tbe said district, undc



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FRAP 21. Writs of Mandamus and Prohibition, and OtherExtraordinary Writs(a) Mandamus or Prohibition to a Court: Petition, Filing, Service, andDocketing.(1) A party petitioning for a writ ofmandamus or prohibition directed to acourt must file a petition with the circuit clerk with proofof service on allparties to the proceeding in the trial court. The party must also provide acopy to the trial-court judge. All parties to the proceeding in the trial courtother than the petitioner are respondents for all purposes.(2)(A) The petition must be titled "In re [name ofpetitioner]."(B) The petition must state:(i ) the relief sought;(ii) the issues presented;(iii) the facts necessary to understand the issue presented by the petition;and(iv) the reasons why the writ should issue.



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respond.(3) Two or more respondents may answer jointly.(4) The court of appeals may invite or order the trial-court judge toaddress the petition or may invite an amicus curiae to do so. The trialcourt judge may request permission to address the petition but may not doso unless invited or ordered to do so by the court of appeals.(5) Ifbriefing or oral argument is required, the clerk must advise theparties, and when appropriate, the trial-court judge or amicus curiae.(6) The proceeding must be given preference over ordinary civil cases.(7) The circuit clerk must send a copy of the final disposition to the trialcourt judge.(c) Other Extraordinary Writs.An application for an extraordinary writ other than one provided for inRule 21(a) must be made by filing a petition with the circuit clerk withproofof service on the respondents. Proceedings on the application mustconform, so far as is practicable, to the procedures prescribed in Rule21(a) and (b).(d) Form of Papers; Number of Copies.



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Attachment 2 Case: 12-5017 Document: 157 Page: 10 05/20/2013 944237 14


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5 USC 552a (e)(3) authorizes a sovereign natural person ("Citizen") to use this form to collect information from the Public Servant todetermine whether to divulge information to the Public Servant and employing Agency. Public Law 93-579 states: "The purpose of thisAct is to provide certain safeguards for an individual against invasion ofpersonal privacy requiring Federal agencies .. to permit anindividual to determine what records pertaining to him are collected, maintained, used or disseminated by such agencies ....

PUBLIC SERVANT'S QUESTIONNAIRE (Refer to Privacy Ac t of 1974)Public ServantFull Name 10# Io Refused?Driver License #o Refused? Badge #o Refused?

. Residence~ d r e s s Street City State Zipi Office MailAddress Street City State Zipi EmplOyingAgency or Dept Supervisor'sName1. Will Public Servant uphold the Constitution of the United States ofAmerica (required by USA &State Constitution & Law)? DYes DNo

2. Will PubliC Servant furnish a copy ofthe law or regulation whichauthorizes this investigation (5 USC 552a (e) (3) (A? DYes DNo

3. Will Public Servant read aloud that portion of the law authorizing thequestions Public Servant will ask (5 USC 552a (e) (3) (A? I : lves DNo

4. What prerogative does Citizen have in giving answers to Public Servantquestions (5 USC 552a (e) (3) (A? DVoluntary DMandatory

5. What basis exists for asking the intended questions (5 USC 552a (d)(5), (e) (1? DSpecific law or regulation 0 Used as a discovery process 6. What nature does this investigation have (5 USC 552a (e) (3) (A?DGeneral (multiple people involved) oSpecial (one person involved)7. Does Public Servant reasonably antiCipate that any information soughtor collected in this investigation will form the basis of or lead to criminalaction against Citizen or any other entity? DYes DNo

8. Will Public Servant guarantee only the department employing PublicServant will use the information or derivative thereof supplied by Citizen inthis investigation (5 USC 552a (e) (10? ClYes ClNO

9, Name all files of records, information, or correspondence related toCitizen that Agency maintains (PL 93-579 (b) (1? -+ ClNone110. Give the full name of the person in government requesting thatPublic Servant conduct this investigation (PL 93-579 (b) (1 -+ ClNo One11. Name and identify all third parties Public Servant consulted,questioned, interviewed, or received information from relative to this



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THE PUBLIC SERVANT QUESTIONNAIRE Key Points:_An American does not have to speak with a government agent unless the citizenhas been arrested.-Amer i c an s have a right to privacy, to be left alone._ T h e PRIVACY ACT OF 1974 (Public Law 93-579), empowers citizens to requirefull, written disclosure from a government official who seeks information.l I y o u may insist on complete disclosure as a precondition to speaking with anygovernment official.

The Limits On Federal Power:_Law-abiding citizens are sometime s visited by agents of the Federal governmentfor no apparent reason. It is helpful, at the time of these visits, to recall that unless acitizen has been placed under arrest (either because a law enforcement officer hasprobable cause to believe the citizen has committed a crime or because the officerhas in his possession an arrest warrant issued by a judge who believes there isprobable cause the citizen has committed a crime, a citizen does not have toentertain the company of government agents.



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accompanies this article. The "PSQ" was developed by Lynn Johnston, author ofWho's Afraid o f the IRS? (Libertarian Review Foundation: 1983, ISBN 0-930073-03-7).f l 'The PSQ is based on the requirements placed upon the government by thePrivacy Act of 1974 (Public Law 93-579), an amending law to Title 5, United StatesCode, Section 552, and is included as Section 552a.fI"If a citizen chooses to cooperate with government officials who are seekinginformation, BEFORE questioning begins, the citizen should politely inform thegovernment agent or agents that a prerequisite fo r the citizen's cooperation with "thegovernment" is the agent1s cooperation with the citizen.Do It Right, The First TimeJJIThe questions should then be put t : ' ~ a c h agent, and the citizen should enter theanswers onto the questionnaire. Copies should be provided to each agent, either atthe time of the questioning or by mail to the agent after the visit. The questionnaireinforms the government agent that the citizen knows his rights and knows whichlimited powers the government agent has been granted by the people . Most probably some government agents will not want to fill out or sign the PSQ.That's fine. They can then be sent on their merry way. They may need to explain totheir superiors, and a court of law, and a jury, on another day, why they refused tocooperate with the reasonable questions of the highest officeholder in the land, acitizen.



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", - "' : rExecutor of the Estate

c/o 7335 Derby Road, Derby New York near [14047][Non-Domestic] [Non-Assumpsitl

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dimiss.12-5017 based on no grand jury concurrence with no complaint!

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