newer coram nobis aug 24 2011 winona

8/3/2019 Newer Coram Nobis Aug 24 2011 Winona

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IN THE COURT OFFAMILY COURT SUFFOLK COUNTY

THE STATE OF NEW YORK CASE # V-17642-09FICTITIOUS FOREIGN STATE V-17639-09

P-16952-09N-16863-09

VsJUDGE JAMES F.

QUINN

Winona Mae : Palmiotti

_____________________________Non corporate entity

CONTEMPT OF CONSTITUTION ADMINISTRATIVE NOTICE; NATURE AND

CAUSE OF WRIT OF ERROR CORAM NOBIS & A DEMAND FOR DISMISSAL

FOR LACK OF JUDICIAL, SUBJECT MATTER AND PERSONAL

JURISDICTION

Now comes Winona Mae : Palmiotti a non corporate entity with a CONTEMPT

OF CONSTITUTION ADMINISTRATIVE NOTICE; NATURE AND CAUSE OF

WRIT OF ERROR CORAM NOBIS & A DEMAND FOR DISMISSAL FOR

LACK OF JUDICIAL, SUBJECT MATTER AND PERSONAL JURISDICTION

The Petitioner objects to the plaintiff filing into the Court and object to any judgment for

it lack Judicial, Subject Matter and Personal jurisdiction pursuant to 12 (b) (1), (2) and

12 (b) (6) failure to state a claim upon which relief could be granted and Pursuant the

Eleventh Amendment, The Reconstruction Act of 1867 -1868 and to FRCP Rule 4 (j)


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1. This Court is defined under FRCP Rule 4 (j) as a FOREIGN STATE as defined

under 28 JUDICIARY AND JUDICIAL PROCEDURE under USC 1602 -1611

FOREIGN SOVEREIGN IMMUNITY ACT (FSIA) is being jurisdictionally challenge

and full disclosure of the true jurisdiction of this Court is now being demand.

Any failure to disclose the true jurisdiction is a violation of15 Statutes at Large,Chapter 249 (section 1), enacted July 27 1868

Chap. CCXLIX. ---An Act concerning the Rights of American Citizens in foreign States

Whereas the rights of expatriation is a nature and inherent right of all people,indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness;and whereas in the recognition of this principle this government has freely receivedemigrants from all nations, and invested them with the right of citizenship; and whereas

it is claimed that such American citizens, with their descendants, are subjects of foreignstates, owing allegiance to the government thereof; and whereas it is necessary to themaintenance of public peace that this claim of foreign allegiance should be promptlyand finally disavowed; Thereof.

Be it enacted by the Senator and the House of Representatives of the UnitedStates of American in Congress assembled, That any declaration, instruction, opinion,order, or decision, of any officers of is government which denies., restricts , impairs orquestions the rights of expatriation , is hereby declared inconsistent with the fundamentalprinciples of this government.

2.Pursuant to Federal Rules of Civil Procedure and civil Rule of Procedure 8(a)

and 12(b)(1), 12(b)(2) and (12(b)(6) the State of NEW YORK , Defendant ,, respectfully

moves this Court to dismiss Plaintiffs claims against the Defendant based on: (1) a lack

of subject matter jurisdiction under the Eleventh Amendment; (2) lack of personal

jurisdiction over the Defendant because the Defendant is Citizen as defined in Article III

section 2 clause 1; of the Constitution (3) lack of standing; and (4) failure to state a claim

upon which relief may be granted. Pursuant to the Eleventh Amendment to the United

States Constitution, this Court lacks jurisdiction to hear suits in law or for money

damages or in Controversies between the State and Citizen of the same State. Pursuant to

Federal Rules of Civil Procedure and civil Rule of Procedure 4 (e) ,(f) improper service


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to the defendant as the defendant is a Citizen protect by the 11 th amendment. The State

failed to state its complaint in this action.

3. As an America Citizen I hold the inherent right of the 11th amendment. The

judicial power shall not be construed to extend to any suit in law or equity or (even in

controversies created by the state government or federal government), commenced

or prosecuted by a Foreign State. If this FOREIGN STATE is misusing the name of this

America Citizen by placing it in all caps or misusing the last name or using the term

person as a CORPORATION all complaints and suit against such CORPORATION fall

under the FSIA and the DEPT OF STATE OFFICES in Washington DC. DC now has to

be notify pursuant to 22 CFR 93.1 -93.2. A copy of the FSIA has to be filed with the

complaint to the defendants chief executive officer of that CORPORATION.

4. MUNICIPAL, COUNTY, OR STATE COURT lacks jurisdiction to hear any

case under the FOREIGN STATE definitions. This jurisdiction lies with the UNITED

STATES DISTRICT COURT under the FSIA Statutes pursuant to 28 USC 1330.

5. Because the Defendant is a non corporate entity and is not registered with any

Secretary of State as a CORPORATION the Prosecution has FAILED to state a claim to

which relief can be granted under 12(b) (6). Therefore this mattermust be dismissed for

lack of political, persona, and subject matter jurisdiction, Venue and under the 11th

amendment.

6. The Petitioner will remind the Court and the Plaintiff of the Eleventh

Amendment of the Constitution .That Judicial Power of the United States Shall NOT be

construed to extend to any suit in law or equity, ( This also means, even controversies

brought in by the Plaintiff as this is in Article III section 2 clause 1 ) commenced or


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prosecuted against one of the United States by Citizens of another States or by Citizens

or Subject of any Foreign States .

7. The Plaintiff brought fraudulent allegation before the Court against the

Petitioner in direct violation of the Eleventh amendment and the fact the Court and the

Plaintiff are operation under the 1867-1868 Reconstruction Act as part of the fourteenth

Amendment to deny the Petitioner protect Rights guarantee even under the Constitution

and Military Rule of Law. Title Ten Section 333. The Court and the Plaintiff are required

to follow the Constitutional form of government under this section of military law, as this

is your pretends to which you claim and hold these public offices. Any failure of the

Court or the Plaintiff to uphold the Eleventh Amendment and dismiss for lack of judicial,

subject matter and personal jurisdiction over the Petitioner will cause the Court and the

Plaintiff to be found in Contempt of the Constitution and the wavier of your Eighth

Amendment protection by your denial of the Constitution being a lawful document.

8. The Petitioner place a prayer before the Court to dismiss this whole case

before it for lack of jurisdiction and with prejudices. By the Action of the Plaintiff and

the Court, both are in Contempt of Constitution and are clearly operating under Andrew

Johnson fear for the people if the Reconstruction Act was put into place. This Court and

All Courts have brought to light the true nature and cause of how the courts fall under

this Congressional Act of over 140 years ago and under Title 50 to damage and injure the

people of this country for nothing more then self gratification and not for a real crime.

Definitions

TITLE 10 > Subtitle A > PART I > CHAPTER 15 > 3331 333. Interference with State and Federal law The President, by using the militia or thearmed forces, or both, or by any other means, shall take such measures as he considers


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necessary to suppress, in a State, any insurrection, domestic violence, unlawfulcombination, or conspiracy, if it2(1) so hinders the execution of the laws of that State, and of the United States within theState, that any part or class of its people is deprived of a right, privilege, immunity, orprotection named in the Constitution and secured by law, and the constituted authoritiesof that State are unable, fail, or refuse to protect that right, privilege, or immunity, or togive that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes thecourse of justice under those laws.In any situation covered by clause (1), the State shall be considered to have denied theequal protection of the laws secured by the Constitution.

Corpus Juris Secundum"The Body of Law" or Legal encyclopedia, Volume 7,Section 4: as quoted:"Attorney & client: An Attorney's "first" duty is to the Courts (1st) and the public (2nd)and not to the client (3rd), and wherever the duties to an attorney's client "conflict" withthose interests that he/she owes his allegiance to, as an officer of the court in theadministration of justice, the former must yield to the latter". The Biggest problem todayis that People do not know their own rights & blindly entrust their rights to someone else.BLACKS LAW DICTIONARY FIFTH EDITION

Foreign CourtThe courts of a foreign state or nation. In the United States, this term is frequently

applied to the courts of one of the states when their judgment or records are introduced inthe courts of another.

Foreign jurisdictionAny jurisdiction foreign to that of the forum; e.g. a sister state or another country. Alsothe exercise by a state or nation jurisdiction beyond its own territory. Long - armService of process is a form of such foreign or extraterritorial jurisdiction

Foreign lawsThe laws of a foreign country, or of a sister state. In conflict of law, the legal principle ofjurisprudence which are part of the law of a sister state or nation. Foreign laws areadditions to our own laws, and in that respect are called jus receptum

Foreign corporationA corporation doing business in one state though chartered or incorporated in anotherstate is a foreign corporation as to the first state, and, as such, is required to consent tocertain conditions and restriction in order to do business in such first state. Under federaltax laws, a foreign corporation is one which is not organized under the law of one of thestates or territories of the United States. I.R.C. 7701 (a) (5). Service of process onforeign corporation is governed by the Fed. R. Civ. P. 4 See also Corporation


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TITLE 26 - INTERNAL REVENUE CODE, Subtitle F - Procedure and Administration,CHAPTER 79 DEFINITIONS Sec. 7701. Definitions (5) Foreign The term "foreign"when applied to a corporation or partnership means a corporation or partnership which isnot domestic."

Foreign service of processService of process for the acquisition of jurisdiction by a court in the United States upona person in a foreign country is prescribed by Fed R. Civ. P. 4 (i) and 28 U.S.C.A. 1608. Service of process on foreign corporation is governed by Fed. R. Civ. P. 4(d) (3)

Foreign statesNations which are outside the United States. Term may also refer to another state; i.e. asister state.

Foreign immunityWith respect to jurisdiction immunity of foreign nation, see 28 U.S.C.A 1602 et seq.

ProfiteeringTaking advantage of unusual or exceptional circumstance to make excessive profit; e.g.selling of scarce or essential goods at inflated price during time of emergency or war.

PersonIn general usage, a human being (i.e. nature person) thought by statute term may includea firm, labor organizations, partnerships, associations, corporations, ,legal representative,trustees, trustees in bankruptcy ,or receivers. National Labor Relations act, 2(1).A corporation is a person within meaning of equal protection and due process

provisions of United States Constitution.

CONCLUSION

Writ of error coram nobisA common-law writ, the purpose of which is to correct a judgment in the same court inwhich it was rendered, on the ground of error of fact, for which it was statutes providesno other remedy, which fact did not appear of record, or was unknown to the court whenjudgment was pronounced, and which ,if known would have prevented the judgment, andwhich was unknown, and could of reasonable diligence in time to have been otherwisepresented to the court, unless he was prevented from so presenting them by duress, fear,or other sufficient cause.

At common law in England, it issued from the Court of Kings Bench to ajudgment of that court. Its principal aim is to afford the court in which an action wastried and opportunity to correct it own record with reference to a vital fact not knownwhen the judgment was rendered. It is also said that at common lawit lay to correct purely ministerial errors of the officers of the court.


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_______________________[LS]

PROOF OF SERVICE

Now comes, Winona Mae : Palmiotti with a CONTEMPT OF CONSTITUTION

ADMINISTRATIVE NOTICE; NATURE AND CAUSE OF WRIT OF ERROR

CORAM NOBIS & A DEMAND FOR DISMISSAL FOR LACK OF JUDICIAL,

SUBJECT MATTER AND PERSONAL JURISDICTION. To be placed in the U.S.

Mail and before the Clerk of Court of Patricia Herlihy and this day of 24 and month of

August in the year of our Lord 2011 AD.

__________________[LS]

CC

IN THE COURT OFFAMILY COURT SUFFOLK COUNTY

THE STATE OF NEW YORK CASE #

FICTITIOUS FOREIGN STATE


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Vs JUDGE JAMES F. QUINNWinona Mae : Palmiotti

_____________________________

Non corporate entity

ENTERY OF JUDGMENT

This Court so ORDER the over turn of its decision and dismiss of this case for it lack

jurisdiction with prejudice. All property well be returned to Winona Mae :Palmiotti and

reasonably damages for his/ her time and injuries.

So ORDER ON THIS DATE OF

_______________________Administrative Law Judge

newer coram nobis aug 24 2011 winona

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