THE UNITED STATES DISTRICT COURT
FOR THE XXXXXXXX DISTRICT OF
XXXXXXX XXXXXXXX DIVISION
First name.LAST NAME, 1
First name.LAST NAME,
Petitioners,
vs.
First name.LAST NAME,
First name.LAST NAME,
First name.LAST NAME,
ANDdoes1THROUGH100,Inclusive,
Respondents.
In a petition for removal from
the Circuit Court of Xxxxxxx
County
State Court Cause
no.:##########
Notice of Petition and Verified Petition for Warrant of Removal
The Petitioners, Xxxxxxx.and Xxxxxxx,and in direct support of their request for
Removal of the above- encaptioned state court cause into the jurisdiction of this United
States District Court,and on the federal questions involved,here in allege,state,and
provide:
Jurisdiction
1.This Court now has proper jurisdiction over this cause of action for removal,
Pursuant to,but not limited to,the following statutory authorities:15USC§1692k(d),
And also 28USC§1443(1),28USC§1446(b),28USC§1331,and 28USC§1367.
Moreover,this Court is an ArticleIII court with the express authority to hear and
Adjudicate any questions arising under the Constitution,Laws,and Treaties of the
United States,including but not limited to the Bill of Rights, the First Amendment,
Fourth Amendment, Ninth Amendment, the Eleventh Amendment, the original
Thirteenth Amendment, the Fourteenth Amendment,the International Covenant on
Civil and Political Rights, and the Universal Declaration of Human Rights,with
Reservations. See the Article VI Supremacy Clause of the Constitution of the United
States of America,as lawfully amended (hereinafter "Federal Constitution").
Introduction
2.The Petitioners complain of various willful, systemic deprivations of fundamental
Rights guaranteed by the Federal Constitution, and/or by federal law, and which
Deprivations are civil violations of 42 USC § 1983,and also criminal violations of 18
U.S.C.§§ 241 and 242.
3.Within the proceedings of the instant state court,Petitioners have duly advised the
2
State court judge, and all other parties – multiple times in official writing each – that
Certain actions and judicial events are now existing, have been done, and are now
Further threatened against the Petitioners,in clear, unambiguous violations of basic
Due process,the Federal Constitution,state statutory law, federal statutory law, the
Relevant rulings by the high state courts,and/or against the relevant rulings held
Unanimously by all of the several federal Circuit Courts of Appeals.
4.This petition for warrant of removal inures to the very essence of the enactment and
Clearly expressed purpose of 28 USC § 1443(1) by Congress,i.e. :to provide a
Remedy for removal to a United States District Court when a state court litigant“ is
Denied or can not enforce in the courts of such State a right under any law providing
For the equal rights of citizens of the United States,or of all persons within the
Jurisdiction thereof.”Timeliness of,and Grounds for Removal
5.The relevant portion of 28 USC § 1446(b) that provides for this timely petition for
Removal is re-stated
here:
“If the case stated by the initial pleading is not removable, a notice of removal may
be filed within thirty days after receipt by the defendant, through service or
otherwise, of a copy of an amended pleading, motion,order or other paper from
which it may first be ascertained that the case is one which is or has become
removable.”(emphasis supplied).
6.Timeliness of removal is shown by the attached Exhibit List, and its attached
Exhibits.
7.Self-explanatory grounds for removal include:(1) wilful pursuing of large sums of
Money in knowing direct violation of expressly mandated state law,even further
Clarified by knowing prohibition by the State high courts;all of which are (2) willful
3
violations of the fundamental rights guaranteed by United States Federal
Constitution;and,even further,(3) a knowing lack of jurisdiction over the Petitioners
Herein, because they are not even parties to that state action.
Complete Record of State Proceedings
8. The sheer volume of pleadings in the instant state court matter may well
Approximate in the range of two hundred (200) pages of various documents; This is
Primarily due to the constant civil rights violations that have been continually
Committed within that same on going matter.
9. Pursuant to the vested authority under 28 USC § 1447(b),this Court “may require the
Removing party to file with its clerk copies of all records and proceedings in such
State court or may cause the same to be brought before it by writ of certiorari issued
To such State court.”
10. Reproduction of the entire state court record within this Court should not be
Necessary, but if it is deemed so necessary,Petitioners request this Court cause the
Same by writ of certiorari, or, alternatively, direct the Petitioners to provide what
Portions it deems most necessary therein.
Incorporation of Prior Pleadings in State Court
11. Petitioners hereby incorporate by reference all pleadings, papers, and effects
Heretofore filed or otherwise lodged within the state proceedings the same as if fully
Set forth herein. Suggested Preliminary Procedures in This Cause
12. Petitioners suggest that, before this Court might consider any matter herein further,
That this Court utilize its inherent authority, as well as the statutory authority vested
4
Under 28 USC § 1447(a), to issue one or more appropriate Order(s), directing that
Any one or more of the parties to the instant state court matter each show cause as
To why this Court should or should not either: (1) issue any and all appropriate
Declaratory and/or injunctive relief; and/or, (2) retain the removal permanently, and
Further decide any or all other matters to the ends of justice therefore.
Prohibited Removals of State Court Cases
13. Petitioners note for the Court’s convenience that 28 USC § 1443(1)provides for the
Removal of any and all types of state court cases for violations of equal rights,with
The sole exceptions being only the following four (4) types of circumstances,
Pursuant to 28 USC § 1445:
a) A civil action against a railroad or its receivers or trustees that arises under
Certain laws;
b) A civil action against a carrier or its receivers or trustees that arises under
Certain laws;
c) A civil action arising under the workmen’s compensation
laws;and,
d) A civil action arising under section 40302 of the Violence against
WomenAct
Of 1994.
14. Therefore,civil rights violations against the Petitioners committed within the instant
State court matter are perfectly proper grounds for removal to the United States
District Courts.
Overview of Ongoing Civil Rights Violations
15. Whether acting individually, or in either overt or covert concert, the Respondent,
Counsel for the Respondent, the judge of the state court proceedings, and the
5
Previous guardian ad-litem of the Respondent-Ward, and along with other incidental
Individuals, have continually and consistently victimized the Petitioners by
Committing numerous violations against their equal civil rights, by intentional,
Knowing, and willful obstructions and deprivations of the same rights, throughout the
entire course of the state proceedings since its original inception.Such
Transgressions against peace,dignity, and the law have included: knowing refusals
To recuse and withdraw in the face of obvious conflicts - of - interest; abusing the
Power of a court of law to inflict false orders against persons and property;
Conspiring with the Respondent to assist and commit various direct frauds upon the
Court; conspiring with the Respondent to assist and commit forgery within certain
Pleadings filed in the state proceedings; numerous wilful violations of fundamental
Constitutional rights,threatening and intimidating the Petitioners during open court
To no longer mention the Federal Constitution or to be subject to immediate
“Contempt” incarceration therefore, and an entire plethora of violations so long in
Listing that it is utterly abominable to even consider the thought.
Summary and Prayer
16. Petitioners reiterate that their request for removal to this Court is not just about a
Supported and reasonable expectation of some future manifest deprivations of their
Various civil, constitutional, and equal rights within the same said state court, but
Also that such a deliberately unlawful pattern of the same is well established,
Threatened yet again, and must be stopped.
17. Without the immediate intervention, and the exercise of full jurisdiction and authority
By this Honorable Court in retaining said lower state proceedings, at the very least
6
With which to issue such appropriate declaratory and injunctive relief as to due
Process and equal civil rights, that the Petitioners will be otherwise subjected to
Manifestly egregious denial and inability to enforce in said state court one or more
Rights under the laws providing for the equal rights of citizens of the United States,
And will be likewise unlawfully forced to suffer manifestly irreparable harm and
Injuries therein, without any further reasonable remedy at law.
WHEREFORE,the undersigned Petitioners, Xxxxxxx and Xxxxxxx, now pray for
Retaining this removal of the instant state court matter under the jurisdiction of this
United States District Court, also at a minimum for appropriate declaratory and
Injunctive relief, and/or to further decide supplementary matters, and for all other
Relief just and proper in the premises.
Dated: May XX, 2018 respectfully submitted,
/s/ First Name Last Name
Petitioner, Pro Personam, Sui
Juris
Address
Xxxxxxxxxx City Xxxxx,
IL60659
Phone:(xxx)xxx-xxxx Email–
[email protected]
7
Verification
We hereby declare,verify, certify and state, pursuant to the penalties of perjury under
The laws of the United States, and by the provisions of 28 USC § 1746,that the above
And foregoing representations are true and correct to the best of our knowledge,
Information, and belief.
Executed at City, State, this________day of May,2018.
Dated: May XX, 2018 respectfully submitted,
/s/FirstName LastName
Petitioner,Pro Personam,
SuiJuris
Address
Xxxxxxxxxx
CityXxxxx,IL60659
Phone:(xxx)xxx-xxxx Email–
[email protected]
8
Certificate of Service
I, hereby certify that I electronically transmitted this document to the Clerk’s
Office using the CM/ECF System for filing and transmittal of a Notice of Electronic
Filing on this XXth day of XXXX 2018,which automatically sends notice and a copy of
Filing to all counsel of record.
Dated: May XX,2018 respectfully submitted,
/s/FirstName LastName
Petitioner,ProPersonam Sui
Juris
Address
Xxxxxxxxxx
CityXxxxx,IL60659 Phone:
(xxx)xxx-xxxx Email–
[email protected]
9
