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Book us supreme 11-1639 appendix complete

OF THIS UNITED STATES OF AMERICA James Frank Osterbur The UNITED STATES OF AMERICA and these defendants: the president Barack Obama US attorney general Eric H. Holder jr.
US solicitor general Neal K. Katyal the internal revenue service Federal Bureau of Investigation On petition for a writ of Certiorari to this United States court of appeals, 7th circuit Chicago, IL dated July 18, 2011 petitioner files pro se, as a citizen of this USA.
James Frank Osterbur, 2191 county road 2500 E. St. Joseph, IL 61873 WRIT OF CERTIORARI MAILED ON JULY 18, 2011 CERTIORARI GRANTED ON _ TABLE OF APPENDICES summary appendices are combined into their respective order: all orders of the appellate court being appendix A all replies to appellate court appendix B all orders of the district court appendix C and so on. Each appendix individually numbered in sequence.
Each short presentation for clarity, or understanding is with law attached.
Page 2-6APPENDIX A- ORDER OF THE APPELLATECOURT 7th circuit chicago IL case #11-1639Page 8-9APPENDIX 1A - the legal standard set by theappellate court in its order March 21, 2011Page 9APPENDIX 2- demand set upon lawyer Hoff orderApril 1, 2011Page 10-11APPENDIX 2 A case no. 11-1639ORDER OF THE COURT; APRIL 1, 2011Page 11APPENDIX 3A: rehearing , the plaintiff's words April 15, 2011 11-1639Page 11APPENDIX 4 A : 11-1639 rehearing denied; April22, 2011page 11APPENDIX 5 A; mandate of the court NOTICE OF ISSUANCE OF MANDATEJune 6, 2011page 11-12APPENDIX 6 A: NOTICE OF FILING, bypetitioner/ ESTABLISHMENT OF CAUSE TOREMOVE, DELAY, OR DEFEAT MANDATE TODISPOSE OF THIS CASE. case no. 11-1639 APPENDIX 7 A : This petitioner claims: for thepurpose of understanding case no. 11-1639Page 13 the petitioner responds: to the courtorders of 11-1639 appendix B; #8 APPENDIX B ; INTRODUCTION to thecase 11-1639. BY THE PETITIONER, a rightexpected as it is given to every judge. EQUALstanding/ the law decides, it is supreme, not the judge.
814 F. Supp. 195. For clarity.
Page 14#9 Appendix B2 Constitutional questions appliedto order April 12, 2011page 15-16#10 Appendix B 3 Constitutional questions applied to order March 21, 2011page 16-17#11 Appendix B 4 Constitutional questions applied to order April 1, 2011 case no. 11-1639page 17-18#12 Appendix B 5 the petitioner replies; treason in the court. 96 P. 2d. 588, 591page 18#13 APPENDIX C; order of the district court.
APPENDIX C2 10-CV-2257 JUDGMENT IN A CIVIL CASEpage 20-21#15 APPENDIX D: response to the district court order of June 7, 2011THE REPRINT OF DISTRICT COURT ORDER, with formal constitutional questions/ by theircorresponding number in the writ; applied todescriptions without merit.
Page 21-22 # 16 APPENDIX E: THE LEGAL STANDARDestablished in this US supreme court trial; THE FOUNDATION of the United States ofAmericapage 23 #17 APPENDIX F- BRIEF DISCUSSION thepetitioner responds for clarity. This US supremecourt trial.
Page 24-25#18 APPENDIX G: REPORT AND RECOMMENDATION OF THE DISTRICTCOURTpage 25-30#19 APPENDIX H; a short review by the plaintiff; of district court report andrecommendation 10-CV-2257page 30-32#20 APPENDIX I : plaintiff initial FILING#1, dated 11/15/10 : 10-CV-2257 excerpt.
from report and recommendation; Court states: " .that a complaint consists only ofnaked assertions and delusional scenarios."Page 33#21 APPENDIX I, 2 : plaintiff initial dated11/15/10 FILING #1 10-CV-2257 SUBSTANCEDOCKET court states: "establish a valid waiver of sovereignimmunity as required by law, and failure to vest thiscourt with subject matter jurisdiction" page 33-34#22 APPENDIX I, 3: "THE DEMAND ON THECOURT": DOCKET FILING #1 dated 11/ 15/ 10 10-CV-2257 report and recommendation court states "Plaintiff makes unspecified demandsfor "redress of grievances" and Compliance with theConstitution". My response:page 34 #23 APPENDIX I, 4 : THE ISSUANCE OF"subject matter" as is fitting for a commoncitizen to do/ in the words and elements of lifethat are realistic for him. The foundation forevery pro se defense: is listen to my complaint, andhow it causes me grief/ because that, is why I am here.
342 F. Supp. 1048, 1062 (see appendix #24).
response too. Case 10-2257 report andrecommendations. The court selects: page 35#24 APPENDIX J; PLAINTIFF BRIEFINTRODUCTION from the writ of this supremecourt case: establishing : the purpose or defining of THE QUESTION PRESENTED FIRST: forthe plaintiff. For clarity.
Page 35-36#25 APPENDIX K: PLAINTIFF BRIEFINTRODUCTION: from the writ, of this supremecourt trial. THE QUESTION PRESENTED 1: FOR THE PEOPLE, for claritypage 36#26 APPENDIX L; PLAINTIFF BRIEFINTRODUCTION: from the writ, of this supremecourt trial.
QUESTION PRESENTED 2: for the peopleFOR CLARITY.
Page 36-37#27 APPENDIX M - DOCKET EXCERPTSFROM APPEALS Case 11-1639 district reportand recommendation 2257 reviewed.
Page 37-44#28 APPENDIX M : DOCKET REPLY FOR DE NOVO TRIAL 11-1639page 44-46#29 APPENDIX O: SUMMARY REVIEWGIVEN IN 2257; establishing "plain and simple".
dated: 12/3/10 trial number: 10-2257 titled: VALID CAUSE OF ACTIONpage 47#30 APPENDIX O2 : A CONCISE AND VALIDCLAIM FOR RELIEF dated: 12/3/10 trial number: 10-2257 titled: VALID CAUSE OF ACTIONpage 47-49#31 APPENDIX O3 : A VALID WAIVER OFSOVEREIGN IMMUNITYpage 49-50#32 APPENDIX O4 : SUBJECT MATTER JURISDICTIONdated: 12/3/10 trial number: 10-2257 titled: VALID CAUSE OF ACTIONpage 50-51#33 APPENDIX O5 : SUMMARYdated: 12/3/10 trial number: 10-2257 titled: VALID CAUSE OF ACTIONpage 51 APPENDIX P: IN SUPPORT OF THE CLAIM: CONSPIRACY, COLLUSION, ANDCORRUPTION. #34 APPENDIX P : DOCKETED, US SUPREMECOURT 08-1339 ADDED IN AS PROOF OF "REDRESS" DENIAL, BYTHE JUDICIARY; from the top down. Collusion/conspiracy/ corruption; against redress, a guaranteedright.
Page 51-53 # 35 APPENDIX P 2 : 09-LM- 1414
Conspiracy to deny redress of grievances; A
medical billing case, relying on contractual law.
page 53-54
#36 APPENDIX P 3 : from the initial filing
page one The preceding trial 10-2055, which
then became appeals 10-2146 excerpt
CORRUPTION. COLLUSION, CONSPIRACY
page 54-56
#37 APPENDIX P4 ; 10-2055 then became
FEDERAL appeals 7TH circuit: 10-2146 order of
the court CORRUPTION AND CONSPIRACY.
may 10, 2010
Circuit rule 3 (b) empowers the clerk to dismiss
page 557
#38 APPENDIX P 6 : 10-2146 REALITY
"ABSOLUTE CORRUPTION"
PLAINTIFF circuit rule 3 (c) docketing statement
dated 6/1/2010
page 57-58
#39 APPENDIX P7; From the initial filing of
trial 07-2040 first two pages. REFINING WHY
this is not tax evasion or the intent to claim "no
tax". The functional assertion: I am promised,
by this government: better than this!
Establishing the "pro se way"/ as any other
citizen might. 115 A. 484, 486 185 A. 401. ART 1
SECTION 10 US CONSTITUTION
page 58-61
#40 APPENDIX P8; Current trial 11-2111 US
DISTRICT COURT: make the state of IL honor its
constitutional amendment
granting: IL constitutional,
redress of grievances to the people.
page 61-62
#41 Appendix P9 MOTION FOR JUDGMENT 11-
2111. Establishing collusion, corruption; not yet finished.
Page 62
#42 APPENDIX P 10: US DISTRICT COURT, central
district of IL 11-2111 memorandum; defendants "illegal"
motion for sanctions
/ plaintiff exhibit B
page 62-63
#43 APPENDIX P 11: CURRENT TRIAL 10-2277
REPORT AND RECOMMENDATION 7/15/11
excerpts.
Plaintiff describes as"The elements of corruption"
page 63-64
#44 APPENDIX P 12 This trial 10-2277 is a
demand to make the state defend, the citizens of IL by the
authority of federal government.
Excerpts. Case record file.
Establishing collusion.
Page 64-66
#45 APPENDIX P 13 This trial 10-2277; extends from
state of IL, champaign county 10- MR-766 excerpts:
THE SIGNS OF A true CONSPIRACY, "NOTHING is more
important than controlling the people"
page 66-77
#46 APPENDIX Q THE FOUNDATION OF WHY
THIS IS IMPORTANT added to #45 extreme issues that
we must address from www.justtalking3.info
page 77-82
#47 APPENDIX R: Letter, To the clerk of the court;
Ruth Jones
page 82-86
THE ORDER of the appellate court UNITED STATES COURT OF APPEALS for the seventh circuit, Chicago IL 60604 order April 12, 2011 William J. Bauer/ Terrence T. Evans/ Ann Claire James F. Osterbur ; pro se USA, et al, defendants appealed from US district/ central IL David G. Bernthal, judge On consideration of the papers filed in this appeal and review of the short record, it isordered that this appeal is dismissed for lack ofjurisdiction.
Litigants may permit magistrate judges to decide civil cases, and an appeal from themagistrate judge's decision comes straight to thecourt of appeals. 28 U.S.C. 636 (C) unless all parties to the litigation consent on therecord, the magistrate judge may do no morethan make a recommendation, and the partiesmust present their objections to the district court. Brook & Weinberg V. Coreg, Inc, 53 F. 3d 851 (7thcircuit, 1995).
In the present case, the parties have not consented in writing to proceed before amagistrate judge. Therefore, this court lacksjurisdiction to proceed in a review of themagistrate judge's "report and recommendation"of March 15, 2011." APPENDIX 1 case no. 11-1639 ORDER OF THE COURT; MARCH 21/ 2011 A preliminary review of the short record indicates that the order appealed from may not be anappealable judgment.
Litigants may permit magistrate judges to decide civil cases, and an appeal from the magistratejudge's decision comes straight to the court of appeals. 28 U.S.C. 636(c). But unless all parties to thelitigation consent on the record, the magistrate judgemay do no more than make a recommendation, andthe parties must present their objections to the districtcourt. Brook & Weinberg v. Coreg, Inc., 53 F,. 3d 851(7th cir. 1995).
In the present case, it does not appear that the parties consented in writing to proceed before amagistrate judge. Therefore, it appears that this courtlacks jurisdiction to proceed in a review of themagistrate judge's "report and recommendation" ofMarch 15, 2011. Accordingly, IT IS ORDERED that both appellant and appellees shall file, on or before April 4, 2011, a briefmemorandum stating why this appeal should not bedismissed for lack of jurisdiction. A motion forvoluntary dismissal pursuant to Fed. R. App. P. 42 (b) will satisfy this requirement. Briefing shall besuspended pending further court order.
APPENDIX 2 A case no. 11-1639 ORDER OF THE COURT; APRIL 1, 2011 A review of the "JURISDICTIONAL MEMORANDUM" filed by assistant United StatesAttorney David H. Hoff on March 30, 2011, revealsthat attorney Hoff has not responded to the issue ofappellate jurisdiction identified in the court's order ofMarch 21, 2011. Accordingly, The court, on its own motion, orders attorney Hoff to show cause for his failure to respond to thecourt's order of March 21, 2011; the issue that thecourt wants addressed is one of appellate jurisdiction,now waiver. Attorney Hoff shall file his response on orbefore April 4, 2011. APPENDIX 3A: rehearing , the plaintiff's words April 15, 2011 11-1639 "These judges, have deliberately attacked this UNITED STATES OF AMERICA. Seeking to damageand destroy a distinct law, and a foundation of theAmerican way of life: a guaranteed right cast asidelike sewer water/ using the distinct weapon of acourtroom against this very people. Wherein rightsays: ONLY THE LAW IS ALLOWED. There is nodiscretion allowed, not for any judge or group ofjudges. IT'S THE LAW, of our DEMOCRACY as apeople united! These judges abandoned the law/ theiroath/ this nation/ and our constitution: playing gameswith our lives, defining and creating ridicule of me andus all. By assembling a barrier to hold our right andour nation within their control." APPENDIX 4 A : 11-1639 rehearing denied;April 22, 2011 upon consideration of the APPELLANTS MOTION, which the court constitutes as a motion, tofile an oversized petition for rehearing, filed by the prose appellant. IT IS ORDERED that the motion isDENIED.
APPENDIX 5 A; mandate of the court NOTICE OF ISSUANCE OF MANDATEJune 6, 2011 to: Pamela E. Robinson UNITED STATES DISTRICT COURT central district of ILUS courthouseUrbana IL. 81802-4469 no: 11-1639 James F. Osterbur plaintiff-appellantv.
UNITED STATES OF AMERICA et al defendants-appellees originating case informationDistrict court no: 2: 10- cv-02257- MPM-DGBcentral district of IllinoisMagistrate Judge David G. Bernthal Herewith is the mandate of this court in this appeal,along with the Bill of Costs, if any. A certified copy ofthe opinion/ order of the court and judgment, if any,and any direction as to costs shall constitute themandate.
Record on appeal status: no record to be returned note to counsel: if any physical and large documentaryexhibits have been filed in the above-entitled cause,they are to be withdrawn ten (10) days from the dateof this notice. Exhibits not withdrawn during thisperiod will be disposed of.
Please acknowledge receipt of these documents on theenclosed copy of this notice.
Received above mandate and record, if any, fromthe Clerk, US Court of Appeals for the seventhcircuit.
APPENDIX 6 A: NOTICE OF FILING, bypetitioner/ ESTABLISHMENT OF CAUSE TOREMOVE, DELAY, OR DEFEAT MANDATE TODISPOSE OF THIS CASE. case no. 11-1639 THE ORDER OF THE DISTRICT COURT, case10-CV-2257; HAS NOW BEEN RECEIVED/ELIMINATING THE CAUSE FOR DISMISSALFROM THE APPELLATE COURT, in this case. THEREFROM, this case is reset before the USSUPREME court, for review prior to printing on thisdate June 10, 2011 you are hereby informed, that they have authority/and you are to wait until the US SUPREME COURTmakes its decision in this case. As identified in thispreliminary filing sent to the supreme court &sent to you/ and each defendant; as a "complimentarynotice" at this time.
APPENDIX 7 A : This petitioner claims: for thepurpose of understanding case no. 11-1639{This mandate of the court: IS SIMPLY HIDE THE EVIDENCE, A DENIAL OFDUE PROCESS, by THE CONSPIRACY TOREMOVE a constitutional case, because it is aconstitutional law called redress: by the whim anddiscretion of a judge}. That is treason, an act distinctlydirected at removing we the people from ourgovernment; which is "the constitution of thisUSA".
Appendix B the Petitioner responds, to APPENDIX "A": for the purpose of this supreme courtwrit case no. 11-1639 #8 APPENDIX B ; INTRODUCTION to thecase 11-1639. BY THE PETITIONER, a rightexpected as it is given to every judge. EQUALstanding/ the law decides, it is supreme, not the judge.
814 F. Supp. 195. For clarity.
Established in this case is the fundamental constitutional question: DOES FIRSTAMENDMENT REDRESS OF GRIEVANCESEXIST as a guaranteed right of the people or not. Previous cases asking this same question weredissolved without substance or merit/ withoutlaw or a foundation upon which that judgment/order could be made. Consequently it reappearsthis time with the demand: IF YOU DO NOTDO THE WORK that we the people contractedyou to do, with respect/ honor/ dignity/ andfundamentally in alliance with the constitution:as is the right guaranteed to me called redress ofgrievances. THEN I NEED NOT PAY ANY TAX,until the day our employees in governingpositions DO THE JOB WE HIRED THEM TODO. A claim/ demand for relief, that can easily ESTABLISH REDRESS OF GRIEVANCES FOR THIS NATION, as demanded by theconstitution, and me. OR ESTABLISH the foundation, merit, and law which says: "The constitution is: all ajoke/ doesn't exist for real/ just a game". Democracy, the essence of a fool.
#9 Appendix B2 Constitutional questions appliedto order April 12, 2011 THE REPRINT OF APPELLATE COURT ORDERS,with formal constitutional questions, by theircorresponding numbers in the writ; applied.
UNITED STATES COURT OF APPEALS for the seventh circuit, Chicago IL 60604 order April 12, 2011 William J. Bauer/ Terrence T. Evans/ Ann Claire James F. Osterbur ; pro se USA, et al, defendants appealed from US district/ central IL David G. Bernthal, judge (formal constitutional questions, as presented in the writ, by numbers: #1, covers the entire appeal) On consideration of the papers filed in this appeal and review of the short record, it isordered that this appeal is dismissed for lack ofjurisdiction. (Constitutional Question 2) Litigants may permit magistrate judges to decide civil cases (Constitutional question 3) , andan appeal from the magistrate judge's decisioncomes straight to the court of appeals. 28 U.S.C. 636 (C) . But unless all parties to the litigation consent on the record (Constitutionalquestion 4), the magistrate judge may do no morethan make a recommendation (Constitutionalquestion 5), and the parties must present theirobjections to the district court. Brook &Weinberg V. Coreg, Inc, 53 F. 3d 851 (7th circuit,1995).(Constitutional question 6) In the present case, the parties have not consented in writing to proceed before amagistrate judge. (Constitutional Question 8) Therefore, this court lacks jurisdiction toproceed (Constitutional question 7) in a review ofthe magistrate judge's "report andrecommendation" of March 15, 2011." Appendix B 3 Constitutional questions applied to order March 21, 2011 THE REPRINT OF APPELLATE COURT ORDERS,with constitutional questions applied. case no. 11-1639 ORDER OF THE COURT; MARCH 21/ 2011 A preliminary review of the short record indicates that the order appealed from may not be anappealable judgment. (Constitutional Question 9) Litigants may permit magistrate judges to decide civil cases, and an appeal from the magistratejudge's decision comes straight to the court of appeals. 28 U.S.C. 636(c). But unless all parties to thelitigation consent on the record, (Constitutionalquestion 10) the magistrate judge may do no morethan make a recommendation, and the parties mustpresent their objections to the district court. Brook & Weinberg v. Coreg, Inc., 53 F,. 3d 851 (7th cir. 1995).
In the present case, it does not appear that the parties consented in writing to proceed before amagistrate judge. (Constitutional Question 11) Therefore, it appears that this court lacks jurisdictionto proceed in a review of the magistrate judge's "reportand recommendation" of March 15, 2011. Accordingly, IT IS ORDERED that both appellant and appellees shall file, on or before April 4, 2011, a briefmemorandum stating why this appeal should not bedismissed for lack of jurisdiction. A motion forvoluntary dismissal pursuant to Fed. R. App. P. 42 (b) will satisfy this requirement. Briefing shall besuspended pending further court order.
Appendix B 4 Constitutional questions applied to order April 1, 2011 case no. 11-1639 ORDER OF THE COURT; APRIL 1, 2011 THE REPRINT OF APPELLATE COURT ORDERS,with constitutional questions applied.
A review of the "JURISDICTIONAL MEMORANDUM" filed by assistant United StatesAttorney David H. Hoff on March 30, 2011, revealsthat attorney Hoff has not responded to the issue ofappellate jurisdiction identified in the court's order ofMarch 21, 2011. Accordingly, The court, on its own motion, orders attorney Hoff to show cause for his failure to respond to thecourt's order of March 21, 2011; the issue that thecourt wants addressed is one of appellate jurisdiction, now waiver. Attorney Hoff shall file his response on orbefore April 4, 2011. (Question 12: this is not dueprocess in a constitutional case) Appendix B 5 the petitioner replies; treason in the court. 96 P. 2d. 588, 591 Revealed by the orders of this appellate court: IS THE FOUNDATION, and distinct demand: that aconstitutional guaranteed right as is LEGALREDRESS OF GRIEVANCES shall not be honored bythe court system of this USA. That is treason/ thedeliberate actions of an enemy in direct and openrebellion against the constitution of this USA, andthereby the democracy upon which it stands, calledWE THE PEOPLE.
THE INTENT of the courts having been examined for the evidence required to assess what istrue or not true in the judiciary and court system ofthis USA has found anarchy: 621 F. 2d. 123, 124. thebold and deliberate attempt to destroy a foundation ofour democracy/ a literal creation of our intent anddemand to rule ourselves. That is the action of atraitor. Model penal code 212.5. And the USSUPREME COURT is guilty as well. Proven by USsupreme court case 08-1339. (Question 10) "Theconspiracy runs deep". And thereby MUST beaddressed by the congress of this USA should the courtcontinue to commit treason, conspiracy, and collusionby this transgression against the people of this nation. IT IS OUR CONSTITUTION/ IT IS OUR LAW/ IT ISOUR NATION: WE ARE THE OWNERS HERE! Our interpretation decides what democracy is, or isnot. 28 U.S.C. 994.
APPENDIX C; order of the district court.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS dated June 7, 2011 JAMES F. OSTERBUR V. ) Case no. USA et al. Defendants ) 10-CV-2257 On March 15, 2011, Magistrate Judge David G.
Bernthal filed a Report and Recommendation (#27) inthis case. Judge Bernthal recommended that theMotion to Dismiss (#6) be granted and the pro seComplaint (#1) filed by Plaintiff James F. Osterbur, bedismissed as to all Defendants. On March 18, 2011,Plaintiff filed a pro se Notice of Appeal (#28). OnMarch 28, 2011, Plaintiff filed a pro se Objection (#32) to the Report and Recommendation. On April 11, 2011, Defendants filed a Response to Plaintiff's Objection(#36) . Plaintiff filed a pro se Reply (#37) on April 15,2011. On June 6, 2006 (<a date error from the court),this court received the mandate from the SeventhCircuit Court of Appeals which stated that Plaintiff'spro se appeal was dismissed for lack of jurisdiction. The court stated that it lacked jurisdiction to reviewJudge Bernthal's report and recommendation.
The case is now back before this court. This court has carefully reviewed Judge Bernthal's Reportand Recommendation (#27), Plaintiff's pro se Objection(#32), Defendant's Response (#36), and Plaintiff's prose Reply (#37). This court notes that this review has been complicated by Plaintiff's rambling and mostlyunintelligible filings with this court. Following thiscourt's careful and thorough de novo review, this courtagrees with and accepts Judge Bernthal's report andrecommendation. This court completely agrees thatPlaintiff's pro se Complaint demonstrates no coherentclaim or request for relief and that the Complaintmust be dismissed for failure to state a claim for whichrelief can be granted.
IT IS THEREFORE ORDERED THAT: (1) the Report and Recommendation (#27) is acceptedby this court.
(2) The Motion to Dismiss (#6) is GRANTED and thePlaintiff's Complaint (#1) is dismissed as to allDefendants.
(3) this case is terminated. Accordingly, anyremaining pending motions are MOOT. Entered this 7th day of June 2011 S/ Michael P. McCuskeyCHIEF US DISTRICT JUDGE APPENDIX C2 10-CV-2257 JUDGMENT IN A CIVIL CASE DECISION BY THE COURT. This action came totrial or hearing before the Court. The issues havebeen tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that judgment isin favor of the Defendants and against the Plaintiff.
Dated June 7, 2011 Pamel E. RobinsonClerk, US District Court APPENDIX D: response to the district court order of June 7, 2011THE REPRINT OF DISTRICT COURT ORDER, withformal constitutional questions/ by theircorresponding number in the writ; applied todescriptions without merit.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS dated June 7, 2011 JAMES F. OSTERBUR V. ) Case no. USAet al. Defendants ) 10-CV-2257 On March 15, 2011, Magistrate Judge David G.
Bernthal filed a Report and Recommendation (#27) inthis case. Judge Bernthal recommended that theMotion to Dismiss (#6) be granted and the pro seComplaint (#1) filed by Plaintiff James F. Osterbur, bedismissed as to all Defendants. On March 18, 2011,Plaintiff filed a pro se Notice of Appeal (#28). OnMarch 28, 2011, Plaintiff filed a pro se Objection (#32)to the Report and Recommendation. On April 11, 2011, Defendants filed a Response to Plaintiff's Objection(#36). Plaintiff filed a pro se Reply (#37) on April 15,2011. On June 6, 2006 (<a date error from the court),this court received the mandate from the SeventhCircuit Court of Appeals which stated that Plaintiff'spro se appeal was dismissed for lack of jurisdiction.
(Constitutional Questions 1, 2, 3, 4) The court stated that it lacked jurisdiction to review JudgeBernthal's report and recommendation.
(Constitutional Questions 6, 7, 9, 11) The case is now back before this court. This court has carefully reviewed Judge Bernthal's Reportand Recommendation (#27), Plaintiff's pro se Objection(#32), Defendant's Response (#36), and Plaintiff's prose Reply (#37). This court notes that this review hasbeen complicated by Plaintiff's rambling and mostlyunintelligible filings with this court. (ConstitutionalQuestions 3, 4, 6, 7, 8) Following this court's carefuland thorough de novo review, this court agrees withand accepts Judge Bernthal's report andrecommendation. This court completely agrees thatPlaintiff's pro se Complaint demonstrates no coherentclaim or request for relief (Constitutional Questions3, 6, 7, 8, 9, 10, 11, 12) and that the Complaint mustbe dismissed for failure to state a claim for which reliefcan be granted.
IT IS THEREFORE ORDERED THAT: (1) the Report and Recommendation (#27) is acceptedby this court.
(2) The Motion to Dismiss (#6) is GRANTED and thePlaintiff's Complaint (#1) is dismissed as to allDefendants.
(3) this case is terminated. Accordingly, anyremaining pending motions are MOOT. (Question 1: how can a constitutional guarantee be moot? UNLESS treason is involved.) Entered this 7th day of June 2011 S/ Michael P. McCuskeyCHIEF US DISTRICT JUDGE # 16 APPENDIX E: THE LEGAL STANDARDestablished in this US supreme court trial; THE FOUNDATION of the United States ofAmerica the preamble to the US CONSTITUTION: We the people of the United States, in order to form a more perfect union, establish justice, insuredomestic tranquillity, provide for the common defense,promote the general welfare, and secure the blessingsof liberty to ourselves and our posterity, do ordain andestablish this Constitution for the United States ofAmerica.
THERE IS NOTHING UNCLEAR: "let the people decide for themselves/ it is THEIR NATION." It is established by this contract made betweenourselves: that we shall choose for ourselves, what webelieve establishes our right and our nation by thesemeasures of success. It is by oath, among theemployees most responsible that this should be so:that they DO swear (their job description):: "IT ISTHESE FUNDAMENTALS OF LIFE AND SOCIETY,that they must protect, defend, and obey more thananything else." To further clarify exactly what the people who contracted with themselves/ declared and establisheda nation: and hired employees by oath to protect anddefend, chose to include the BILL OF RIGHTS, toassemble our need and establish our rights/ AND THEDECLARATION OF INDEPENDENCE to create whatwe believe is absolutely intolerable in those whobelieve they shall rule over us/ INSTEAD of we shallrule ourselves by law. These documents are easilyobtainable, and need not be retyped here.
#17 APPENDIX F- BRIEF DISCUSSION the petitioner responds for clarity. This US supremecourt trial.
The foundation of democracy is: that the people shall rule themselves by the equity and truth, of adescription that cannot be redesigned by anyone, ormisinterpreted by our employees: as is their own.
OUR preamble to the constitution. Established asproof: THIS IS our GOVERNMENT/ AND we ARESOVEREIGN AS OWNERS OVER IT. The foundation of law is: that the people shall bind themselves by contract as is called theConstitution of this United States of America. 286N.W. 844, 846. So that no delusion should existregarding the intent to create a society fundamentallygoverned and paid for by these people who chose tocreate this society and sustain it for themselves andtheir own children. That fact CANNOT be sold, orgiven away: it is our right, and our liberty to decidefor ourselves. 282 P. 2d. 1084, 1088.
The foundation of society is: that the people have agreed, WITHIN the Bill of Rights, regarding therules and regulations which are intended to controland describe the critical relationships that arenecessary in conjunction with the Amendments of theConstitution; as a clear demonstration of our owndesires and demands upon the employees who shallwork for us, IN MAKING CERTAIN: WE AREFREE, and OUR LIBERTY, shall never be damaged ordestroyed. 333 U.S. 507, 509 (the need forunderstanding/ not change or argument; here in trial) The foundation of our guaranteed rights is: that we should never be treated in this way again/ so as tounderstand what that means: a declaration wasdescribed stating what independence did mean tothose who did fight and die, risking everything toattain this simple truth: WE SHALL RULE OURSELVES; By constitutional law; includingredress of grievances.
THERE IS NO ALLOWANCE FOR TRAITORS! THOSE WHO BELIEVE THEY SHALL NOW RULEUS INSTEAD OF THE LAW.
Democracy is: WE THE PEOPLE! APPENDIX G: REPORT AND RECOMMENDATION OF THE DISTRICTCOURT UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS dated June 7, 2011 JAMES F. OSTERBUR V. ) Case no. USAet al. Defendants ) 10-CV-2257 REPORT AND RECOMMENDATION In November 2010, Plaintiff James Osterbur filed a complaint (#1) United States of America, theUnited States Internal Revenue Service, the SolicitorGeneral, the Attorney General, and President BarrackObama.
Also in November 2010, Defendant United States of America as party Defendant (#6). Plaintifffiled a response(#13). Subsequently, Defendant filedDefendant's Motion to Correct Headings. Clarify Relief Sought By and Representation of the NamedDefendants (#24). This motion, which the Court hasgranted, clarifies that the present motion to dismiss(#6) is brought by all defendants. After reviewing theparties' pleadings and memoranda, this courtrecommends, pursuant to its authority under 28U.S.C. 636 (b)(1)(B), that Defendant's Motion toDismiss Defendant United States of America as PartyDefendant (#6) be GRANTED. Plaintiff, a pro se litigant, brings a complaint against the United States, indicating that employeesof the United States have failed to do their jobs anduphold the Constitution. Plaintiff has filed at leasttwo similar claims in recent years (case no. 07-2040;case 10-2055). He states that he has not paid his 2005taxes as a way to gain access to the courts to bring thiscomplaint. Plaintiff repeatedly makes reference tounspecified Constitutional violations. Plaintiff makesunspecified demands for "redress of grievances" andCompliance with the Constitution". In its motion to dismiss, Defendant argues that dismissal is warranted for failure to state a claimpursuant to Fed R. Civ. P. 12 (b)(6), failure to state aconcise valid claim for relief in violation of Fed R. Civ.
P. 8 (a)(2), failure to establish a valid waiver ofsovereign immunity as required by law, and failure tovest this court with subject matter jurisdictionpursuant to Fed. R. Civ. P. 12 (b)(1) The purpose of a motion to dismiss for failure to state a claim is to test the sufficiency of the complaint,not to determine the merits of the case. Gibson v. cityof Chi. 910 F. 2d 1510, 1520 (7th cir. 1990). Federal rule of civil procedure 8(a)(2) requires only "a shortand plain statement of the claim showing the pleaderis entitled to relief". Fed R. Civ. P. 8(a)(2). Thecompliant must give fair notice of what the claim isand the grounds upon which it rests. E.E.O.C. v. Concentra Health Servs,, inc. 496 F. 3d. 773, 776-77(7th cir. 2007). However, fair notice is not enough byitself; in addition, the allegations must show that it isplausible; rather than merely speculative, that theplaintiff is entitled to relief. Tamayo v. Blagojevich526 F. 3d. 1074, 1083 (7th cir. 2008). When considering a motion to dismiss for failure to state a claim, the court is limited to the allegationscontained in the pleadings. Venture Assocs. Corp v. Zenith Data Sys. Corp 987 F. 2d. 429, 431 (7th cir.
1993). The court must treat all well-pleadedallegations int eh complaint as true, and draw allreasonable inferences in the plaintiff's favor. McMillan v. Collection Prof'ls. Inc. 455 F. 3d 754, 758(7th cir. 2006); see Bell Atl. Corp. V. Twombly, 550U.S. 544, 556 (requiring plausible grounds forinferences if those inferences are to sustain acomplaint). In considering the plaintiff's factualallegations, the court should not accept as adequateabstract recitations of the elements of a cause of actionor conclusory legal statements. Brooks v. Ross, 578 F. 3d 574, 581 (7th cir. 2009). The application of thenotice pleading standard is a context-specific task, inwhich the height of the pleading requirement isrelative to circumstances. Cooney v. Rooiter, 583 F.
3d. 967, 971 (7th cir. 2009) (citing Ashcroft v. Iqbal,129 S. Ct 1937, 1950 (2009). Furthermore, districtcourts are required to liberally construe complaintsfiled by pro se litigants. Marshall v. Knight, 445 F.
3d. 965, 969 (7th cir. 2006) (citing Haines v. Kerner,404 U.S. 519, 520 (1972)). A plaintiff need only provide a "short and plain statement of the claim showing that the pleader isentitled to relief". FED. R. CIV. P. 8 (a). However,such statements must be supported by plausiblefactual allegations. Tamayo, 526 F. 3d. At 1083. When making determinations as to plausibility, acourt may rely on judicial experience and commonsense. Cooney, 583 F. 3d. At 971. In the case of prose litigants, courts are required to liberally construetheir claims. Marshall, 445 F. 3d at 969. A courtmust also be mindful, however, that it should notallow defendants to be subjected to "paranoid pro selitigation.alleging.a vast, encompassing conspiracy" unless plaintiff meets a "high standard of plausibility". Cooney, 583 F. 3d. 971; see also Walton V. Walker364 F/ App'x 256, 258 (7th cir. 2010) (unpublished). Furthermore, a district court is entitled to draw uponits familiarity with a plaintiff's prior meritlesslitigation to conclude that a complaint consists only ofnaked assertions and delusional scenarios. Neitzke v. Williams, 490 U.S. 319, 328 (1989); Walton, 364 F. App'x at 258. Here, Plaintiffs complaint demonstrates no coherent claim or request for relief. The followingexcerpt illustrates Plaintiffs reliance on threadbarerecitals of constitutional violations, and demonstratesthe court's difficulty in finding plaintiff's claims to beplausible: WHY DO I OWE THIS MONEY [referring to plaintiffs unpaid taxes]/ when you the employee failedto do your job; and in fact STOLE my money/ STOLEmy time in confronting you, and demanding andpreparing for court/ STOLE my citizens guaranteedrights, through a courtroom/ DENIED my foundation rights to DUE PROCESS. Which were by no legalmeans carried out, within a courtroom. Threatenedevery aspect of "the money/ economy" with an out ofcontrol banking and wall street gambling industries; stealing the money from we the people with lies! THREATENING NOT ONLY MY NATION: BUT MYWORLD WITH THE ABSOLUTE ARROGANCE ANDCONTEMPT OF PEOPLE WHO BELIEVE THEYARE DO DAMN SMART, they are entitled to playgods/ entitled to literally and without restraintGAMBLE WITH OUR WHOLE PLANET/ THENATURE WE MUST HAVE TO SURVIVE:THEREBY EVERY LIFE ON THIS WORLD! (#1. P6-7) The Court concludes that a complaint such as this does not constitute a short and plain statementindicating the plaintiff is entitled to relief. Even withthe liberal construction that this court must employ inconsidering claims of a pro se litigant, the courtconcludes that plaintiff has failed to state a claim forwhich relief may be granted.
Defendant makes additional arguments concerning sovereign immunity and subject matterjurisdiction. To a certain extent, both of theseargument presuppose that Plaintiff has otherwisestated a claim for relief. Specifically, Defendant statesthat to the extent Plaintiff's complaint may beconstrued as seeking an injunction prohibiting thecollection of his federal taxes, this court lacks thesubject matter jurisdiction over such a claim. Becausethe court has already concluded that Plaintiff fails tostate a claim for which relief can be granted, the courtdoes not reach these arguments.
For the reasons stated above, this court recommends that Defendant's Motion to DismissDefendant United States of America as PartyDefendant (#6) be GRANTED. The court further notesthat, in light of Defendants subsequent motion tocorrect headings (#24), this court recommendsdismissing this action as to all defendants.
The parties be advised that any objection to this recommendation must be filed in writing with theclerk within 14 days after being served with a copy ofthis report and recommendation. See 28 U.S.C. 636(b)(1). Failure to object will constitute a waiver ofobjections on appeal. Video Views Inc v. Studio 21,ltd. 797 F. 2d 538, 539 (7th cir. 1986). Enter this 15th day of March 2011.
APPENDIX H; a short review by the plaintiff; of district court report andrecommendation 10-CV-2257 DOCKET initial FILING #1 dated 11/15/10 PAGE1 "THE AFFIRMATION OF CONTENT"; responseto; " court states: that it should not allow defendants tobe subjected to "paranoid pro se litigation.alleging.avast, encompassing conspiracy" unless plaintiff meets a"high standard of plausibility". dated: 11/15/10 trial number:10-CV-2257 RE: the failure of: (YOU, "the employees" working forthe people of this United States), to provide for/sustain/ secure/ protect/ establish the demands of theConstitution preamble, its amendments; and the declaration of independence, plus the bill of rights: asis their "job description". To create justice (you didnot; every thief/ every fraud/ every conspiracy againstthis people welcomed in)/ retain a separation of churchand state as is the religion called evolution (you didnot)/ work for world peace with law (you choseweapons of mass destruction instead, threatening uswith extinction)/ and a wide variety of other tragic,foolish, disgraceful, and ultimately terrorizing realitiesthat have been created since the wide spread influenceof "university takeover" in government, industry,education, and every other form of control possible.
The contract with our employees hired to work for thisnation/ this state is: that by your oath andaffirmation, we give you this job; for the clear andabsolute purpose of providing the leadership dedicatedto producing the results we have agreed to as ourconstitution and foundation documents of this USA. That is the purpose of your work/ that is the functionaljob description for which you are paid. YOU FAILED,and as a consequence to that/ your pay is removed/your pensions and benefits are confiscated; your job issubject to criminal revue under redress of grievances. And we the people must protect ourselves, becauseyour work failed us all.
These fundamental trespasses against the UnitedStates, this critical treason as is not functionallyprotecting the citizens or nation or any other truedescription of what their jobs were intended to be. Theproven conspiracy of the court, and other hierarchy ingovernment to refuse: "first amendment redress ofgrievances" to the people, as is our law. Ourguaranteed right as citizens of this USA. Theredistribution of our money: STOLEN with debts,traps, penalties, and control of every resource andevery job by the university diploma. Stolen with bonds and inflated dollars used with endless temptation,manipulation, propaganda, and controls intended: toenslave, entrap, and steal our property as citizens ofthis USA.
THE REALITY IS, We the people OWE THEMNOTHING! That means "taxes are NOT due"/ becausethe foundations of this nation upon which taxes aredemanded: WERE CORRUPTED, CONTAMINATEDWITH GREED, DISRUPTED WITH FAILURE,DESTROYED WITH THREATS: and rearrangedagainst this people, instead of used as their defense. That is treason.
Or more specifically, the claim for taxes (pay usmoney) has been proven false! YOU DID NOT EARNTHE MONEY! YOU DID NOT DO THE JOB YOUWERE HIRED TO DO! Thereby you are owed yourday in court instead.
YOU FAILED TO PROTECT OUR MONEY! YOULIED CONTINUALLY ABOUT DEBTS/ AND DONOT PROVIDE A TRUE AND ACCURATEACCOUNTING TO THE PEOPLE AS THECONSTITUTION DEMANDS. YOU THREATENNOT ONLY THIS NATION but THIS WORLD; WITHthe national ignition facility, and other universityexperiments from which we CANNOT recover/ whentheir theories are proven wrong. YOU HAVE used themilitary, for less than honorable intention/ rather thanlaw, justice, and peace; the term "shock and awe" wascreated to instill fear. That is an illegal action, againstthe constitution itself.
#20 APPENDIX I : plaintiff initial FILING#1, dated 11/15/10 : 10-CV-2257 excerpt.
from report and recommendation; Court states: " .that a complaint consists only ofnaked assertions and delusional scenarios."The response too: FIRST AMENDMENT REDRESS OFGRIEVANCES. In true open court, where criticalinvestigation of our reality: past, present, and futureexists/ the examination of all pertinent facts to oursurvival and threats; shall exist by the evidence; andbe defended by true punishment or death/ and a literaldecision that is functionally educated, andfundamentally established by the fabric of a nation, designed to be: WE THE PEOPLE, exists.
WHEREIN, with this information in truth: WETHE PEOPLE SHALL then: ADJUST, CHANGE,AND DEFEND THIS NATION FOR OURSELVES. AS IS OUR RIGHT, because WE ARE THE OWNERSHERE! #21 APPENDIX I, 2 : plaintiff initial dated11/15/10 FILING #1 10-CV-2257 SUBSTANCEDOCKET court states: "establish a valid waiver of sovereignimmunity as required by law, and failure to vest thiscourt with subject matter jurisdiction" That shall NOT continue; unless we the people decideit shall be so. OUR LIVES cannot be threatened bythe terrorists or traitors: we hired as employees, orthe institutions/ universities/ military/ or industrieswe allow. That is NOT what we agreed to as thenation called this United States of America.
IT IS PAST TIME: TO ESTABLISH BY LAW ANDWITHIN CONSTITUTIONAL limits on that LAW; ANEW AND DIFFERENT METHOD OF GOVERNING OURSELVES: shall come.
RETURNING to the demands of our foundingdocuments; THESE ARE, the agreements between thepeople themselves: yes it is worth the price to do this! Which means they are literally the government. Because this is what we demand from our employees,from our nation, for ourselves. Specifically thepreamble, and amendments of this US constitution/the declaration of independence/ and the bill of rightsas written.
WE ARE THE INTERPRETERS OF FACT, withregard to these documents/ NO employee shallinterpret them for us. OUR NATION/ not yours asrulers; your nation, as an equal per citizen/ one vote. Our redress to prove our reality called WE THEPEOPLE.
#22 APPENDIX I, 3: "THE DEMAND ON THECOURT": DOCKET FILING #1 dated 11/ 15/ 10 10-CV-2257 report and recommendation court states "Plaintiff makes unspecified demandsfor "redress of grievances" and Compliance with theConstitution". My response: The demand on this courtroom is REDRESS OFGRIEVANCES/ according to the first amendmentof the US constitution: as we the people interpretit to be. Nothing more/ but nothing less, or thereshall be no taxes paid. #23 APPENDIX I, 4 : THE ISSUANCE OF"subject matter" as is fitting for a commoncitizen to do/ in the words and elements of life that are realistic for him. The foundation forevery pro se defense: is listen to my complaint, andhow it causes me grief/ because that, is why I am here.
342 F. Supp. 1048, 1062 (see appendix #24).
response too. Case 10-2257 report andrecommendations. The court selects: WHY DO I OWE THIS MONEY [referring to plaintiffs unpaid taxes]/ when you the employee failedto do your job; and in fact STOLE my money/ STOLEmy time in confronting you, and demanding andpreparing for court/ STOLE my citizens guaranteedrights, through a courtroom/ DENIED my foundationrights to DUE PROCESS. Which were by no legalmeans carried out, within a courtroom. Threatenedevery aspect of "the money/ economy" with an out ofcontrol banking and wall street gambling industries; stealing the money from we the people with lies! THREATENING NOT ONLY MY NATION: BUT MYWORLD WITH THE ABSOLUTE ARROGANCE ANDCONTEMPT OF PEOPLE WHO BELIEVE THEYARE DO DAMN SMART, they are entitled to playgods/ entitled to literally and without restraintGAMBLE WITH OUR WHOLE PLANET/ THENATURE WE MUST HAVE TO SURVIVE:THEREBY EVERY LIFE ON THIS WORLD! (#1. P6-7) The Court concludes that a complaint such as this does not constitute a short and plain statementindicating the plaintiff is entitled to relief. #24 APPENDIX J; PLAINTIFF BRIEFINTRODUCTION from the writ of this supremecourt case: establishing : the purpose or defining of THE QUESTION PRESENTED FIRST: forthe plaintiff. For clarity.
"that I am entitled to a judgment, on the law presented/ NOT a mock trial, constructed by thejudiciary in contempt of the law, the nation, and thispeople." 9 N.Y.S. 275 The foundation of a complaint against these defendants is established by a reliance upon their ownoath of office to retain the job for which they areemployed: simplified it is "protect/ defend/ and obeythe constitution of this USA; and do nothing to harmor threaten its citizens." 140 P.2d. 335, 338.
We are threatened/ we are harmed/ we are disrespected as a democracy by the refusal tohonor redress of grievances, we are bankrupted byour employees. That is the subject matter of thiscomplaint. That is what the court findsincomprehensible. 378 U.S. 108 #25 APPENDIX K: PLAINTIFF BRIEFINTRODUCTION: from the writ, of this supremecourt trial. THE QUESTION PRESENTED 1: FOR THE PEOPLE, for clarity The proper and real relief sought as is plainlyidentified in the filings is REDRESS OFGRIEVANCES: or more simply "let the people decidefor themselves based upon the evidence ofaccountability in a courtroom of law; so as to removethe lies/ and punish the liar". To form a last line ofdefense for this nation. A guaranteed right of thispeople, to each and every citizen. Refused by thecourt. 160 P. 2d. 37, 39.
#26 APPENDIX L; PLAINTIFF BRIEFINTRODUCTION: from the writ, of this supremecourt trial.
QUESTION PRESENTED 2: for the people FOR CLARITY.
The little rant above (#1. P 6-7) was required: because like other cases current [US federal/ centraldistrict for IL 10-2277 , (a case demanding themany threats which can destroy us all MUST beinvestigated) & 11-2023 (a case demanding "libertyand justice for all")] and past state of IL champaigncounty court [10- MR-766 ( a case demanding thepolicing agencies of IL, MUST protect thecitizens)]: DOES PROVE: if the court cannot win, itwill refuse to answer/ or use derogatory terms todismiss; as is proven by this plaintiff. THEY discardand disgrace the constitution itself. THERE AREmany such cases. The subject matter is: Letdemocracy be first/ let the people be served by thejudiciary. Give them their legal right called redress ofgrievances. 397 U.S. 254, 262-263.
#27 APPENDIX M - DOCKET EXCERPTSFROM APPEALS Case 11-1639 district reportand recommendation 2257 reviewed.
FROM PLAINTIFF INITIAL FILING, starting pageone: THE CASE APPEALED: 10-2257dated: March 18, 2011Report and recommendations established 3/15/11.
"The court recommends dismissing this action as to alldefendants." article 3: discussion: the purpose of a courtroom is JUSTICE, through the laws democracyprovides for that purpose and desire. There is no powerin the judiciary to claim otherwise/ NO possibility ajudge or group of judges is above the law. There is noauthority to misconstrue, or misinterpret our intent:that this democracy shall be: OF THE PEOPLE/ BYTHE PEOPLE/ AND FOR THE PEOPLE.
Dismissed for lack of a short and plain statement ofthe claim showing the pleader is entitled to relief. Refers too ".a count must also be mindful, however,that it should not allow defendants to be subjected to"paranoid pro se litigation.alleging.a vastencompassing conspiracy". Added is ."plaintiff'smerit-less litigation to conclude that a complaintconsists of naked assertions and delusional scenarios.
In witness thereof: the judge uses the following, assufficient for dismissal: thereby meeting not the basisor purpose of a courtroom in this USA.
IN THIS APPEAL: WE WILL EXAMINE WHAT ISTRUE? THE CONSPIRACY TO DENY DEMOCRACY, todestroy or conspire against the first, fourth, seventh,& fourteenth amendments to this USCONSTITUTION.
We begin:1. That my claim in this trial and others is verysimply the law must be obeyed by the courtroom ofthis america and this state of IL. Throughout thistrial, my only real demand is the judge MUST obey thelaw; because the constitution demands it/ rather thanme. I merely request my guaranteed rights. Thejudge fails, and denies the constitution.
2. That the law, being the first amendment of the USConstitution grants the guaranteed inherent right toLEGAL redress of grievances for the people. And alloptions and needs to accomplish that redress havebeen established for which the court can find nocomplaint or denial. There is no greater subject meritin or of or about/ a government called "of the people/ bythe people/ and for the people" . The judge fails, and isattributed to the call and cause of rebellion against thepeople and their government which is our agreement to be a democracy.
3. This judge states: background; my complaint isthe USA through its courts; "that employees of the UShave failed to do their jobs, and uphold theconstitution." Creating the question is that not shortand concise? Does that not merit a claim of relief fromthe paid to do their job; representatives of this USentity, loosely called "government". Without doubt itdoes. The judge fails; as did so many others each ofwhich were tested in this matter of redress ofgrievances. And have established without doubt thatthe judiciary has indeed created and upheld aconspiracy against this law, called redress ofgrievance; against the constitution of this USA. Thatmeans traitor, one and all. 4. In every courtroom, they demand that I must havea personal issue to bring before the court/ not merely aclaim for my legal guaranteed rights. Which doesestablish a cause for why taxes are not paid, and theassertion: I cannot enter court without a personalcomplaint regarding far less greater issues than life/freedom/ liberty/ truth/ justice/ fair play/ equality/guaranteed rights/ law/ or any other definition of valueas has been brought before the courtrooms of this USAand state of IL. The fault is within the judiciary it isnot mine/ the judge fails.
5. The judge argues; background page 2: "Plaintiffrepeatedly makes reference to unspecifiedconstitutional violations. Plaintiff makes unspecifieddemands for "redress of grievances" and compliancewith the constitution". AN OUTRIGHT LIE! Thecourt is reminded: SHOULD I NOT! Again what doyou not understand about constitutional guarantees/what is unclear about democracy and the demand tobe heard by a jury of my peers as the US amendment 7guarantees to me/ the 14th amendment guarantees to me/ and the 4th amendment applies to my property/ orthe first amendment to the values I hold as dear orsacred. How is it I should not remind you of the dutiesapplied to your job, as our employee in the preamble ofthe US constitution/ or fail to remind you of the wordsin either the bill of rights or the declaration ofindependence; as did build us this nation. We built itfor democracy/ NOT for your dictatorship and denial ofour rights. The judge fails, and aligns himself withtreason: an act of betrayal to this people.
6. The defendant argues: that a law lesser than theconstitution of this USA should hold greater valuethan the constitution itself. He is a liar! Thedefendant argues: "failure to state a concise validclaim for relief." However the issues of money anddebt within this USA in and around this day areobvious and apparent to every citizen/ and need NOfurther statutory evidence; the public knows, and sodoes the court. Thereby to call for a direct, real,absolutely truthful accounting from all assets andliabilities created or allowed by our representativesand employees of this people is absolutely a claim forrelief which the defendant and this judge dounderstand. The defendant and judge conspire/ and dolie together in the collusion of an intent to deny thesovereign right of owners. WE THE PEOPLE are THEOWNERS here. As has been plainly and securelystated and proven true. The judge seeks to overwhelmus: as a means of destroying democracy/ an act of atraitor, a decision of a fool. The defendant suggests"that our employees are sovereign or more specificallylike kings or dictators" and there is nothing we can doabout anything/ cause they own our lives. That isrebellion/ that is an intent to overthrow ourgovernment of the people/ by the people/ and for thepeople. Or more correctly the words of a traitor. The defendant suggests that there is no subject matterjurisdiction here: the real issue here is "that are lives,our future, our dignity, our respect, our money, as anation of people living in democracy has been takenfrom us/ by employees who refuse to believe we are theowners/ not them". Therefore I say to the court andbring trial to establish among the people by their owndecision: the question SHOULD WE INVESTIGATEOUR EMPLOYEES, AND WHAT THEY HAVEDONE? Or should we not. That requires a courtroom,according to redress of grievances our truth as ademocracy called WE THE PEOPLE. Prove mewrong.
7. The judge states, a standard: his claim is "thepurpose of a motion to dismiss for failure to state aclaim is to test the sufficiency of the complaint, not todecide the merits of the case." Which means: noplaintiff has a right to trial or jury as the constitutionguarantees UNLESS the judge decides "as a god" overtrial; that he will or will not allow said trial. Hisassertion is MERITS (or the value; to life, nation,environment, etc, to be decided in a trial) DON'TMATTER. That is a very serious offense/ regardlessthe failure of any other court. It means: the judiciaryhas stolen our juries from us/ has stolen, raped, andravaged the constitutional demands of everyamendment and placed themselves as gods or dictatorsover us. Instead of governed by law/ we are governedby the whim of a judge here, in those few words. They,the judiciary and other leaders in America: HAVErebelled against us/ they overran us all/ and theyraped the very essence of democracy, because withoutour guaranteed legal say in a courtroom governed bylaw itself. Our nation being ruled by law, as ademocracy, meaning WE THE PEOPLE rule ourselves. We become nothing more than slaves, oppressed by dictators, and abused by traitors. The judge attacks,and attempts to kill the legal right of every citizenwith his whim, or opinion as is consistent with hiswords. As there is no reference to law/ there is noacceptance of constitutional authority/ and nodiscipline for the nation, the people, the law, or justice. He conspires to assassinate, he conceives of a worldwhere the doors and the robe can hide him from life. Is that not the ways of a thief.
Plaintiff response to standardTHE TRUE STANDARD IS JUSTICE! Nothing lessthan truth will do.
I have brought the complaint into court: that thisnation is in grave danger from financial tragedies/from science experiments funded by theserepresentatives using my money to gamble withnature, life, even the planet itself. And said: WETHE PEOPLE HAVE A RIGHT, to know andinvestigate and decide for ourselves by our own vote. If we will allow our lives, our money, our nation orworld, our nature, our everything shall be gambledwith. That is the short and plan statement. Thatencompasses the demand for accountability to thepeople/ or more simply "tell us all, what you havedone/ WE HAVE A RIGHT TO KNOW. Because it isour lives/ it is our money/ it is our future/ and it is ourLEGAL, CONSTITUTIONALLY GUARANTEEDright. The judge fails/ thereby proclaiming in hiswords "Without merit". That we, this nation calledAmerica; are as nothing/ less than slaves. They willdo whatever they want; and too me, with dismissalcomes the command "shut up". The judge complainsthat I have given him no grounds upon which this demand rests. However I will argue is he cannotconstruct this on his own/ then he is either so arrogantand foolish as to believe further: that we have nopower within ourselves as 309 million people standingon his doorstep to say YOU ARE WRONG. I suggest,he will be sorry. Even so: the grounds are simple. Byyour oath to get that job as judge; you have acceptedthe terms and conditions we the people have set uponyour life and your decisions. That means youunderstand the truth said when stating: "I willdefend and protect, the constitution of this USA". Thereby fully knowing it is a criminal act calledtreason to not only fail to do that/ but actually attackand intend to kill the laws of this US constitution andmake yourself king instead. Is treason/ a deliberateact, with knowledge, time to think, and intent to act. Traitor established. Our contract with therepresentatives/ employees of this people called thisUNITED STATES OF AMERICA is very simple: wepay you, we allow you authority of purpose to obey thelaws we did create as a nation governing itself by law,and our own vote. NOT your vote, we govern ourselvesby our vote. We govern ourselves by our law/ and ourlaw is the constitution itself, with its two foundingdocuments called the bill of rights and declaration ofindependence. These are immune from your denial, oryour attempts of authority over them/ THEY ARESOVEREIGN, you are not. You are merely employees,paid to work and do what you agreed to do, on ourbehalf. Anything less is either treason, or its criminalintent.
This demand in this trial for a redress trial, wherebyall the people shall decide if they demandaccountability and the right of their own rule as WETHE PEOPLE. Is more than plausible/ it is the law. The judiciary is not entitled to an opinion here/ it is forced by law, to accept its duty; or be proven indesertion of that duty and forced to accept theconsequences. #28 APPENDIX M : DOCKET REPLY FOR DENOVO TRIAL 11-1639 APPELLATE CASE # 11-1639 THE CASE APPEALED: 10-2257 Judge DavidG. Bernthal; presiding.
US district court for the central district of IL/ Urbanadiv.
Titled: the legal determination ofconstitutionally guaranteed: first amendment redress law! THE REVIEW OF DEMOCRACY IN THISAPPEAL FOR JUSTICE: or more simply, "do wethe people own this nation or not"? Plaintiffs response: DE NOVO April 11, 2011 The foundation of every judicial court/ appellate courtin this nation called AMERICA: is that in terms ofsubject matter, these employees of government calledthe judiciary/ shall represent and obey theconstitution of this United States of America aswritten. The legal right of every citizen established: as authorized and created within the constitution ofthis USA. That is the job of every judge.
That is a foundation of law, a fact of sworn oath, and adescription of duty that does not expand unto discretion. The judge does not decide/ the constitutiondoes! This is the leniency, afforded any judge in thisnation; "great or small". Your job is to adhere to, andprotect the constitution of our government/ by its ownterms called: WE THE PEOPLE! Simple as that.
Redress of grievances according to the firstamendment of the constitution IS A PART OF THATLAW/ A PART OF YOUR SWORN OATH TO OBEY,DEFEND, AND PROTECT. It is not a political right/it is a legal right guaranteed to each and every citizenin this nation: whether they be "great or small"/ samefor all. A legal right to demand that when OURGOVERNMENT/ NOT your government as employeesfor we the people. But our government; when ouremployees create: the evidences/ the realities offailure/ the potential fraud and deceit so distinctlyvisible at this time in the history of this nation, thatNONE of the people themselves doubts: WE ARE INTROUBLE HERE. As is this day and time. Unlessyou wish to prove the vast majority of people believeall is fine, and we the people need, nor wish to donothing to save ourselves from what is clearlycomplete financial collapse. To save ourselves from"the communist takeover" that is government today:identified in the truth that a $3.8 trillion dollar federalbudget, DOES IN FACT establish "our leaders" intend/are spending/ and expect to spend $38,000.00 per eachone of one hundred million people: one in three of us inthis year 2011 alone. Or more simply our "leaders"have discarded: let the people choose for themselves/as is democracy. Establishing instead: "they KNOWBETTER than me, or us all". Thereby the fewdetermine everything important/ and the people "eattheir shit". Me included as my life has been alteredforever, by the fact that not only does the leadership inthis government prove to be too inept to identify the problem that this is no longer a democracy. But insistupon threatening my life, and every life on this planetwith such things as the gamble that is bringing thesame fire as is on the sun here to this earth. Can'tcontrol it, and we are dead/ as a planet and a world. That is a very significant standing in fact before thiscourt. The employees of this my government: haveelected/ provided tax dollars/ and all aspects of supportto those people who are gambling with my life by suchexperiments. And gambling with my country bychanging it behind our backs: with the fraud that iscommunism "the few decide/ and the people can beslaves". I am not happy being your slave. I am very"upset" at my life/ my nature/ my world; everythingincluding my planet being nothing more to the"leadership of this nation" than a coin, in a casinowherein IF YOUR WRONG/ we all die. Prove to methat it is impossible "the same fire as is on the suncannot be established here on earth in this machine". You cannot, because theory is not proof. Prove to methat you can control the same fire as is on the sun hereon earth; when that fire burns "atomic bonds as fuel"/and thereby everything here is fuel; IT CANNOT beput out. And it will eject this atmosphere on earth inless than two weeks. Because the flames on the sunare estimated to be "millions of miles high". How isthat NOT my legal concern. HOW MUST I WAIT,until this is proven to be, the end of life on earth. #29 APPENDIX O: SUMMARY REVIEWGIVEN IN 2257; establishing "plain and simple".
dated: 12/3/10 trial number: 10-2257 titled: VALID CAUSE OF ACTION I SEEK REDRESS OF GRIEVANCES, AS ISGUARANTEED TO ME, WITHIN THE UNITED STATES CONSTITUTION. Your job is to providethat legal right/ and you have NO legal opportunity torefuse. Refusal is to deny the US CONSTITUTIONrules this land/ and you are its employees. Thedemand to disobey the law/ particularly theconstitutional guarantees of a citizen herein: CONSTITUTES A WILLINGNESS TO PARTICIPATEIN THE CRIMINAL ACT Of making this USconstitution invalid/ making traitorous actions indefiance of said constitution/ and adhering to theenemy: which are those who try to defeatDEMOCRACY. Or more simply: WE THE PEOPLE, own this land/this nation/ and WE ARE "this government, inconnection with our founding documents." You, arenot the government/ you are an employee assigned toobey the law, support the constitution and defend it. The failure to do that very thing has criminalconsequences. The intent to defeat the democracy ofthis USA and war against it as an enemy HASconsequences. The reality of law is very simple: eitheryou do obey it as written/ or you deny the law anddisobey your oath of office as is sworn; and therebydoes come with consequences for you.
#30 APPENDIX O2 : A CONCISE AND VALIDCLAIM FOR RELIEF dated: 12/3/10 trial number: 10-2257 titled: VALID CAUSE OF ACTION The utter failure that is US government today, clearlyproven throughout the land/ clearly and distinctlyproven by the debt load, propaganda instead of as theconstitution demands TRUE AND REAL accountingfor the nation; provided to the public: failed/ clear anddistinct failure in protecting the children fromcriminal conduct, as their elders not only steal their money, but force them into absolute poverty bystripping every resource, and destroying everyopportunity the future could have; because ofselfishness and greed/ failed because we stand onlyminutes away from complete extinction by weapons ofmass destruction; and the refusal to apply world lawinstead/ failed because the education system hasproven tragic for too many/ failed because healthcarehas become simple extortion/ failed because as isproven in this court: THE LAW, is not obeyed withouta fight even in federal court/ failed becauseunemployment is too high/ failed because YOU do notRESPECT DEMOCRACY, but the employees believethey can be rulers, instead of we the people. There aremany more, including threats of extinction that arespecific to ending this world. Religion has taken overgovernment, the reality of evolution (proven nothing),nothing more or less. Failed to protect the future. Failed to protect the people from weapons they cannotsurvive. Failed to provide redress to this date/ failedto protect the press (lost to a handful, with greed astheir only decision)/ failed to protect the people thatthey be secured in their persons, houses, etc; "YOU,the employees, MADE THE MONEY BAD/ YOUSUPPORTED pathetic practice in banking andfinancial aspects of society". Failed to protect my rightof trial/ failed to protect the value of DEMOCRACY tome, and to us; with endless rhetoric and lies. Failedby supreme court case 08-1339 being denied by a clerk/not a judge; which is conspiratorial treason, the directattempt to overrule the constitution and strip from thepeople their democracy. Lawyer/ Judge or not, youcannot pick and choose which law you will obey/ youwill obey them, or be found guilty "an enemy of thisnation". And it is up to the policing departments ofthis nation to apply the same demonstrations of powerto you, as they do to us. Failed, because your policies have made it impossible for some to avoid slavery andprostitution just to survive. Failed because dueprocess is a joke among the judiciary, that theybelieve, can simply be avoided with LIES, like "failureto state a valid claim for relief".
#31 APPENDIX O3 : A VALID WAIVER OFSOVEREIGN IMMUNITYdated: 12/3/10 trial number: 10-2257 titled: VALID CAUSE OF ACTION WE THE PEOPLE, ARE THIS GOVERNMENT! Youthe employees are not. WE THE PEOPLE ARE DUE,THE PROCESS OF LEGAL REDRESS OFGRIEVANCES ACCORDING TO THE FIRSTAMENDMENT OF THIS US CONSTITUTION, youhave no say. It is the law. This democratic actionrests upon the certainty: that we have not only aright/ but a duty to defend our nation as we see fit. That right exists as the legal remedy to take ouremployees to court and examine their work/ establishthe change we need to have/ and determine our futurefor ourselves. WE ARE THE OWNERS/ WE ARE THEDEMOCRACY/ AND WE , within the confines ofconstitutional law; do represent not only our nation,but its law, and that enforcement of law ourselves. WE ARE THE JUDGE, in terms of redress ofgrievances/ because we are the owners coming toexamine and decide what is the truth and reality ofwhat these people have done to us, and in our name. It is our guaranteed and inherent right of power, as wethe people. Because it is OUR NATION. OURDEMOCRACY. OUR LAW! #32 APPENDIX O4 : SUBJECT MATTER JURISDICTIONdated: 12/3/10 trial number: 10-2257 titled: VALID CAUSE OF ACTION THIS IS a democratic action provided by theconstitution of this UNITED STATES OF AMERICA. The law of first amendment rights providing for thelegal remedy of failure by our employees/ and theopportunity to intercede prior to even greater damagebeing done. That means my legal right to inquire ofthis state or county: IF THEY DO, OR DO NOTBELIEVE, it is absolutely necessary to defend thisnation and ourselves by demanding an accounting, andDIRECT control of government as the law allowsthrough this court. IT IS AN INDIVIDUAL RIGHT,provided by the constitution. It is a democratic action,which means it is my right to ask of "we the people"here/ IF THEY TOO believe it is necessary and validto ask of the others by simple democratic due process. The act of governing ourselves, by takingresponsibility for the future from those who did notprotect us; and choosing for ourselves a new path/defending ourselves from those whose actions aretraitorous. Because this is NOT distinctly theREDRESS TRIAL ITSELF/ BUT MERELY, THEDEMAND BY LAW, TO ENFORCE THE FIRSTAMENDMENT REDRESS OF GRIEVANCES, andprovide the beginning of trial. Every court in the landis entitled and instructed and demanded: TO GIVETHE PEOPLE THEIR LEGAL RIGHTS. This is notnational redress trial itself. This is the beginning ofredress, the foundation of democracy whereby thepeople themselves vote, to participate as they see fitwithin the laws and demands of democracy itself. It iswell within the jurisdictional guidelines of this court/it is our guaranteed and inherent right, as citizens ofthis nation. As WE THE PEOPLE.
Further demand is created, through this initial trial toestablish the foundations upon which those who choose to participate by forcing trial: through therefusal to pay taxes UNTIL that law is granted/ untiltrial has indeed begun. There is no intent to say, weor I shall not pay the tax. RATHER AS IS THEFOUNDATION OF DEMOCRACY; our primaryweapon against employees who refuse to obey ourlaws, by not enforcing redress/ is to remove theirmoney. The filing of taxes remains/ BUT THEPENALTY AND INTEREST associated with workingfor our democracy, through justice and fair legitimateactions; are demanded to be proven. WHAT do youintend to do/ so that we all may know! #33 APPENDIX O5 : SUMMARYdated: 12/3/10 trial number: 10-2257 titled: VALID CAUSE OF ACTION Jurisdiction is proven and without doubt.
APPENDIX P: IN SUPPORT OF THE CLAIM: CONSPIRACY, COLLUSION, ANDCORRUPTION. #34 APPENDIX P : DOCKETED, US SUPREMECOURT 08-1339 ADDED IN AS PROOF OF "REDRESS" DENIAL, BYTHE JUDICIARY; from the top down. Collusion/conspiracy/ corruption; against redress, a guaranteedright.
No.
_08-1339_ In TheSUPREME COURTOF THE UNITED STATES James Frank Osterbur , petitionerV.
The United States of America &The State of Illinois Respondent On petition for a writ of Certiorari to the UnitedStates Court of Appeals for the 7th circuit,Chicago IL PETITION FOR A WRIT OF CERTIORARI petitioner files pro se, as a citizen both of IL andthis USA James Frank Osterbur2191 county road 2500 ESt. Joseph, IL 6187 QUESTION PRESENTEDThe first amendment to the US constitution states andgives the following legal right: ".or the right of thepeople peaceably to assemble and to petition thegovernment for a redress of grievances. "As there can be NO DOUBT, or legal argument as tothe condition of this USA in terms of "grievances" as tohow our employees both of state and nation have failedto protect our lives, failed to protect our money, havecreated numerous threats that could lead to ourextinction as a nation, world, or all life on earth. The critical question examined within the various courts oflaw that have preceded this case are all focused on thevary same issue. WE THE PEOPLE, MUST HAVETHE NECESSARY INFORMATION ABOUT OURSITUATION IN BOTH STATE AND NATION, thatwe may truly know what is important for us toaddress, what is necessary for us to protect forourselves, and our future, and our children's future. And our world. Because it is clear, the leaders of thisnation, OUR EMPLOYEES of government, who areassigned to do, "according to the intent and mandate ofthis US and state constitution" have failed. They lackclarity, they discard honor, they despise honesty, andthey cannot be trusted. Therefore we this nation andthis state, MUST have a redress of grievances toprotect ourselves from further damage by people whodo not know what they are doing/ don't care aboutwhat they are doing/ or are so corrupt in what they aredoing, that criminal charges must occur. Thereforethe question to the court is: WILL YOU HONOR,THE FIRST AMENDMENT: REDRESS OFGRIEVANCES FOR THE PEOPLE OF THIS NATION? # 35 APPENDIX P 2 : 09-LM- 1414 Conspiracy to deny redress of grievances; Amedical billing case, relying on contractual law.
CONSPIRACY TO DENY REDRESS, "not real".
Champaign county court; judge chase lenhardfiling November 5, 2009 excerptJames osterbur v. Provena Covenant medical ".The legal question extends to that when thiscountry is in need or crisis, the first amendment of theUS constitution provides the law, from which all employees called government shall comly: or berecognized as criminal. That law for: WE THEPEOPLE, is redress of grievances/ the guaranteedlegal right of the people & the legal demand madeupon the government employee; to obey the law. Order of the court: judge leonhard 2/ 16/ 2010"Excerpt: this case is before the court on the motion ofdefendant, Provena Covenant medical center.bedismissed for the reasons."cases such as these arenot uncommon. They often present a blinding blizzardof chaff. They also at times present a court with thequestion of whether, and to what extent, a court mightpermit pursuit of the possibility that grains ofcolorable claim might be blowing in the wind. Plaintiff's complaint is at once prolix and neological. Indeed, with due respect to plaintiff, the complaint issimply incomprehensible from a legal standpoint. MOTION for arrest of judgment by plaintiff; retried by judge Difanis; order8/23/2010 oral motion of defendant to dismiss isallowed, order dismissed with prejudice.
#36 APPENDIX P 3 : from the initial filingpage one The preceding trial 10-2055, whichthen became appeals 10-2146 excerptCORRUPTION. COLLUSION, CONSPIRACY In UNITED STATES Federal CourtFor the central district of the State of ILURBANA, IL 61801dated 3/9/10 JAMES FRANK OSTERBUR STATE OF IL, as represented by the governor for ILMr. Patrick Quinn 207 state house, Springfield IL62706(because this is the state, and the judiciary, whereintrial began) UNITED STATES OF AMERICA et al.
As represented by the solicitor general office USA JUDGE CHASE LEONHARDChampaign county courthouse , for the state of IL101 E MainUrbana IL 61801 RE: the eviction of due process, by a corrupt andinvasive court. The failure of amendment 1, 4, 5, 7, 9,10, 13, 14, 15, & 26; to provide for and protect thecitizens of this USA. Because, tyranny in the court/ ISNOT JUSTICE. THE LAW decides a trial, "NOT, justbecause the judge says so". I demand due process, andthe law, NOT the whim or opinion of a judge, outsidethe realm of justice. As would be fundamental to theneeds and parameters of this entire case; throughconstitutional guarantees & law. Not, a game.
A: MAKE THE STATE OF ILLINOIS, obey the firstamendment redress of grievances in this Champaigncounty courtroom. Return the case 09 LM 1414 tocourt (a different judge)/ and require them to let itproceed to its purpose and demand for law. B: Establish the foundation of DUE PROCESS, as itpertains to first amendment law/ by describingexactly what the judge must understand, by thedescription of his job and his oath.
C: CLEAN THE COURT system of America: Byreview of reality, in terms of "HOW a citizen of thisnation and this state is treated, in court/ without theaid or education or money applicable to lawyers. Anddemand JUSTICE, for all. The court has no authoritybeyond the law/ but must act within the demand oflaw; and in particular constitutional law, where noreal interpretation of first amendment legal rights, canexclude or deny redress for the people.
This is a clear federal question jurisdiction case/ withappropriate pendant jurisdiction issues ORDER OF THE COURT 5/ 5/ 2010 10-2055".Osterbur also contends that the state of IL shouldbe forced to obey the first amendment right of redressof grievances."THIS CASE IS TERMINATED. Harold A. Baker.
Judge #37 APPENDIX P4 ; 10-2055 then becameFEDERAL appeals 7TH circuit: 10-2146 order ofthe court CORRUPTION AND CONSPIRACY.
may 10, 2010Circuit rule 3 (b) empowers the clerk to dismiss anappeal if the docket fee is not paid within fourteen (14)days of the docketing of the appeal. This appealwas docketed on May 10, 2010. The District court hasindicated that as of May 10, 2010, the docket fee hasnot been paid. Depending on your situation, youshould: 1. Pay the required $450.00 docketing fee PLUS the$5.00 notice of appeal filing fee to the district courtclerk, if you have not already done so. The court ofappeals cannot accept this fee. You should keep a copyof the receipt for your records.
2. File a motion to proceed on appeal in forma pauperis with the district.
[I CANNOT currently find the filing stating withoutdoubt that I did pay the court: (THEY DON'T GIVEYOU A CASE NUMBER UNTIL YOU DO). thepitiful cash register receipt given to me rubbed the inkaway in my billfold. The local FBI office refused to doanything.] #38 APPENDIX P 6 : 10-2146 REALITY "ABSOLUTE CORRUPTION"PLAINTIFF circuit rule 3 (c) docketing statementdated 6/1/2010 "Cases 94-2060 & 9402001. Wherein the judges of this 7th circuit federal appeals court: "pick afacetious, or more correctly factitious lie: choosing todiscard the case with a complete fabricationrepresenting Christmas decoration on a governmentproperty". When absolutely nothing religious/ nothingabout Christmas/ nothing about government propertyor any other facet of that lie actually existed. Not ininterpretation/ not in actual fact/ not in deliberation/not in the slightest conformity or evidence! ANABSOLUTE LIE" June 3, 2010 10-2146this cause, docketed on May 10, 2010 is DISMISSEDfor failure to timely pay the required docketing fee,pursuant to Circuit Rule 3 (b) final order w mandate #39 APPENDIX P7; From the initial filing oftrial 07-2040 first two pages. REFINING WHYthis is not tax evasion or the intent to claim "notax". The functional assertion: I am promised, by this government: better than this! Establishing the "pro se way"/ as any othercitizen might. 115 A. 484, 486 185 A. 401. ART 1SECTION 10 US CONSTITUTION In the UNITED STATES DISTRICT COURT 201 S. VINE ST URBANA, IL 61801 JAMES FRANK OSTERBUR THE UNITED STATES OF AMERICA THE UNITED STATES INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY 1. IN BRIEF: as has been provided under the collection appealrights : quote, yu may contest the CDP decision in the tax courtor an US district court as appropriate. Page 1. As this is not amatter of collection per se/ I will fully pay the amount inquestion/ it is not an issue, and I have saved the money for thepurpose, it is in waiting for the critical descriptions of anopportunity to understand the legitimate scope of arbitrarypowers versus the rights of the people to information andprotection under the powers of the constitution itself. That isthe fundamental trial for the legal right to petition thegovernment under the first amendment of the constitution: theright of the people peaceably to assemble and to petition thegovernment for a redress of grievances. Because this is asindicated below, represented by various and absolutely criticalconsequences of life or death to the citizens of the nation/ orthe nation itself: the court is bound by its duty to the nationunder article 3 section 2. 1. The judicial power shall extend to all cases in law and equity arising under this constitution. Asa soldier is sworn to uphold his or her duty, whether the battleis desired or not/ so to is the court, and its employee who actsas judge, administering the purpose and intent of theconstitution itself. For that is its purpose, and that is its power,"to DO as the people have instructed the court to do". Toprotect and defend the citizen, and the nation. This cannot bedone in hiding. The bill of rights asserts and informs simply:quote "a declaration of rights made by therepresentatives.assembled in full and free convention;which rights do pertain to them and their posterity, as the basisand foundation of government.
1. Section 1. That all men are by nature equally free andindependent, and have certain inherent rights, of which, whenthey enter into a state of society, they cannot, by any compact,deprive or divest their posterity; namely the enjoyment of lifeand liberty, with the means of acquiring and possessingproperty, and pursuing and obtaining happiness and safety.
2. Section 2. That all power is vested in and consequentlyderived from, the people; that magistrates are their trustees andservants, and at all times amenable to them.
3. Section 3. That government is, or ought to be, instituted forthe common benefit, protection, and security of the people,nation, or community; of all the various modes and forms ofgovernment, that is best which is capable of producing thegreatest degree of happiness and safety, and is most effectuallysecured against the danger of mal-administration; and thatwhen any government shall be found inadequate or contrary tothese purposes, a majority of the community hath anindubitable, inalienable, and infeasible right to reform, alter, orabolish it, in such manner as shall be judged most conducive tothe public weal.
4. Section 4. That no man, or set of men, are entitled toexclusive or separate emoluments or privileges from thecommunity, but in consideration of public services; .
5. Given the scope and substance of these declared ideals andrepresentative conceptions of what and how the United States Of America government is suppose to work, and their assignedduties from which the nation itself was born; we find the truthof why people died to support, create, and defend this nation.
AND we also find the descriptions of the work intended to bedone/ the honor expected from our representatives, and thepurpose of the nation itself.
6. Added to these descriptions are the summary expectationsfor the government of the United States of America; in theprelude and formal description of how the nation itself shouldbe understood, and what our representatives are intended to dofor us. You will note; nothing about these words are establishedas "a description of representatives"/ BUT rather exist as thewords of the people themselves/ telling the representatives ofthat day and the present exactly what is expected from them.
Those words are established in the constitution as:7. THE FOUNDATION8. WE THE PEOPLE of the United States, in order to form amore perfect union, establish justice, insure domestictranquillity, provide for the common defense, promote thegeneral welfare, and secure the blessings of liberty to ourselvesand our posterity, do ordain and establish this Constitution forthe United States of America.
2. Fundamentally describing, by my words and expectations1.
3. THE PROMISE1. That freedom shall be our truth, and life will be our way.
Defined by the existence of our own voices, we are the realityof our purpose & the essence of life's desire. TO BE, a nationof equal's/ a nation designed by the hope of independence/ anation where liberty believes in me, each one. From hope &life, and purpose; our intent is happiness for all. Fromdiscipline & life & duty, our demand is repeated in the verysimple words: let justice be for me/ for us! From respect, theessence of responsibility and the destiny of fair play; WE THEPEOPLE, becomes a pledge to each other, that the value of ourlives, & the treasure that is our future.
4. Clearly viewed by the relationship of evidence that exists.
#40 APPENDIX P8; Current trial 11-2111 US
DISTRICT COURT: make the state of IL honor its
constitutional amendment
granting: IL constitutional,
redress of grievances to the people.

In US DISTRICT COURTCENTRAL DIVISION, FOR THE STATE OF IL201 S. VINE ST, URBANA, IL 61802 DATED July 11, 2011 JAMES FRANK OSTERBUR2191 county road 2500 E. St. Joseph IL 61873http://www.justtalking3.infoVs STATE OF ILLINOISGOVERNOR; P. QUINN207 state house, Springfield IL 62706ILLINOIS DEPT OF REVENUE; James R Thompson center,concourse level 100 W. Randolph st, Chicago IL 60601-3274IL Attorney general: LISA MADIGAN: 500 S. Second st. Springfield IL 62706CIRCUIT JUDGE, THOMAS DIFANIS; champaign countycourthouse 101 E. Main st. Urbana IL 61801lawyer for the defense: Joshua I. Grant; 500 S. Second st. Springfield IL 62706 #41 Appendix P9 MOTION FOR JUDGMENT 11-2111.
Establishing collusion, corruption; not yet finished.

IN THIS CASE: of ILLINOIS constitutional law, establishedunder the burden of proof that is: the oath of office for these officials of government. To obey, defend, and protect theconstitution, and serve the people of IL as within the confines ofWE THE PEOPLE.
Our right of ownership as a democracy.
The foundation of all summary allegations and fundamentals offiling by the defense: DO LACK any comprehension orcapitulation to the facts of this case which are. 1. The court judge refuses to obey the IL constitution and itsLEGAL, for the people: redress of grievances clause.
2. The governor refuses to enforce the IL constitution and itslegal for the people: redress of grievances clause.
3. The attorney general refuses to enforce the IL constitutionand its legal for the people: redress of grievances clause.
4. The IL IRS is an accomplice in rebellion against the ILpeople/ as they collect the money which makes it possible forthis treason to be established against us.
Consequently: this federal court is obligated by federal law as inarticle 3 of the US CONSTITUTION. To make these traitorsobey our constitution, or send them to jail.
There are NO EXCUSES/ it's the law! #42 APPENDIX P 10: US DISTRICT COURT, central
district of IL 11-2111 memorandum; defendants "illegal"
motion for sanctions
/ plaintiff exhibit B
page 5 "further, despite the fact that the state court proceeding,
which generally sought "redress of grievances", was already
determined to be "frivolous and patently without merit",
Plaintiff has filed this action seeking the same general relief".
plaintiffs exhibit B "original, letter: memorandum of law in
support of Defendants Motion to for sanctions: "page 3
argument: impose sanctions include whether the person has
engaged in similar conduct in other litigation, and whether a
party's conduct is "part of a pattern of activity".
{from the plaintiff today; "this is an argument that goes
both ways: them too}.
Page 5: for example .the circuitcourt.dismissed.because .simply "gibberish on file". District court.dismissed.because."Rambling and generallyincomprehensible and .contained no discernable [sic] claim". Circuit court.dismissed.found the complaint to be "prolix","neological", "simply incomprehensible from a legalstandpoint", and belonging to a category of cases that "present ablinding blizzard of chaff". The federal.court.demonstrated"no coherent claim or request for relief". Circuit court found.
frivolous and patently without merit. "Page 6; plaintiff states, (the defense identifies the truth,that there have been numerous lawsuits/ each of which willprove to be within the constitutional duties, rights, andguarantees of each and every citizen of this state or nation.")and page 8 ("and yet you have not defeated me once withlaw.") #43 APPENDIX P 11: CURRENT TRIAL 10-2277
REPORT AND RECOMMENDATION 7/15/11
excerpts.
Plaintiff describes as"The elements of corruption"
US DISTRICT COURT, Urbana IL: PAGE 1 motion to
dismiss be GRANTED.
Page 1. Background; Plaintiff, a pro se litigant brings a
complaint indicating the court has committed an unspecified
constitutional violation. He seeks to have a joint trial with all
people in the nation to establish their first amendment rights,
and to seek redress of grievances."
Page 1. Dismiss on the following bases: (1) failure to state
a valid cause of action.(2) failure to state a concise valid
claim for relief.(3) failure to establish a valid waiver of
immunity. (4) lack of subject matter jurisdiction."
Page 3 ".defendants to be subjected to "paranoid pro se
litigation.alleging.a vast encompassing conspiracy" unless
plaintiff meets a "high standard of plausibility". Page 3 plaintiff
response to motion to dismiss: " .is your duty to investigate
and defend "we the people". YOU ARE MERELY THE
EMPLOYEE/ by no means, no rights, and no merit; is an
employee allowed to call him or herself, "this USA". The
limitations and conditions are: You are not a ruler/ you are not
an owner/ you are not immune from bad behaviors and its
consequences, or the laws.being servants to the law, rather
than."
#44 APPENDIX P 12 This trial 10-2277 is a
demand to make the state defend, the citizens of IL by the
authority of federal government.
Excerpts. Case record file.
Establishing collusion.
THE MINIMUM DEMAND IS "REDRESS TRIAL, byrandomly selected Jury": with honest and real advertizement offirst amendment responsibility to be accepted and understood. These jurors hold the keys of redress for the citizens of theirstate; They decide: IF WE PROCEED, TO ASK THE NATION. Demanding accountability/ protection/ rights/ and the truth ofour democracy. They decide the contract dispute bringing thistrial before the court. They decide if the tax previouslywithheld, by me was necessary to bring redress of grievances tocourt.
This trial DETERMINES AND OBEYS: THE FIRST AMENDMENT REDRESS OF GRIEVANCES ISIN FACT THE LAW. THAT this court, & EVERY JUDGEMUST OBEY THE LAW: TO GRANT THE PEOPLE OFTHIS STATE, THEIR RIGHT, AND THEIR DECISION: TO"the truth and consequences of THAT LAW." THE RIGHT tobe respected and recognized, as true owners of this state andnation. The right and demand to make our decision, forourselves; and hold our employees accountable.
THE GRIEVANCE, AND DEMAND: 2. In the matter of: FAILURE to adequately protect thecitizens of these cities, this county, and our state of IL. The opportunity and legal duty to abide within the primaryunderstanding of government demands: WHERE "realities infact" EXIST, THAT CAN potentially THREATEN, DAMAGE,MUTILATE, OR DESTROY, LIFE IN THIS STATE. Thereshall be an investigation of the facts/ an examination of EACH risk/ and a distinct trial before the people. So that they can andwill make their decision: upon the reality, and truth of HOWshall we proceed? Our lives, SHALL NOT be gambled with!It is not up to the police or the court to determine "scientifictheory"! Rather it is their DUTY to examine risk, and or thegambling with our lives, nature, planet, etc: EVERY threat,that defines a clear and possible harm! Even if it is very small:IT IS, our right to be protected/ when being wrong ishorrendous, or severe. It is our right to have examined a bombfor instance; prior to its explosion: who doubts this? Realityinferred by the evidence of, what might indeed happen: shouldwe let this situation continue/ is cause enough to demandinvestigation and court actions. In other words: IF WE ORTHEY CANNOT BE WRONG: without doing substantial orextreme harm! THEN THIS CANNOT BE DONE, there are noexcuses.
The cause and consequence being: that we are being threatenedby terrorists (those bringing severe or serious threats of harminto our lives). Is, the courts, have inadequately responded toassure and sustain the life, health, property, children, andwell-being of those citizens represented here. That fact must bechanged/ before it is too late.
The allegation: when EVEN THE CONCEPTION, of severeand serious threats exist: that CAN IN FACT, by the natureand machinery of death: threaten our very existence, our abilityto survive, our lives, our businesses, our everything called life. IN THIS PLACE & within our future, and even our world:because the threat is that extreme, or less. IT IS OURDECISION TO MAKE AS A PEOPLE/ not theirs to gambleand assume. To play with our lives, to expose us to their ownfailures, to threaten everything: is terrorism! We are known tobe at the mercy of theory; with people who are, simply trying toplay god! People gambling with the laws of nature, time, and energy, that we depend upon for our survival.
The foundation of that as legal demand for protection is: "When you know"/ THEN these police, courts, and employeesof the state of IL: being informed these threats do exist/ MUSTINVESTIGATE/ EXAMINE THE FACTS/ DETERMINE THERISK/ and let the people decide for themselves what they shalldo, by participating in that courtroom, full disclosure of all thatis truth and reality. Thereby accepting our fate, rests in thehands of ourselves. RATHER than a few: WHO DOGAMBLE, and RISK EVERYTHING PRECIOUS: TOO ALLOF OUR LIVES! This case proves: you now know/ andcannot legally refuse.
The foundation of being a police officer, whose job and dutytestifies: "To protect and serve"/ REQUIRES ACCEPTANCEOF THAT DUTY, according to the severity of threat. That is thejob! This threat, these threats listed herein: can kill/ maim/mutilate/ establish war, and harm every single living humanbeing here in this joined city, and this state of IL, and MORE. That fact is NOT held down, by the assumptions of theory! Rather UNTIL THE EVIDENCE SHALL PROVE, no riskexists! THIS TRIAL asserts a terrorist exists! Intervention, isthe law. That we cannot risk the potential and irrevocablereality of what can go wrong; is truth. NO RIGHT ORFREEDOM EXISTS: that may rob us of our right to live, enjoynature, or make our own decision about life, property, orpurpose. No acceptance of freedom is allowed to be ENDANGERMENT, or EXPERIMENTING with anything, orANYONE else; a reality utterly opposed to justice; thatconceives of extreme harm, to us all.
#45 APPENDIX P 13 This trial 10-2277; extends from
state of IL, champaign county 10- MR-766 excerpts:
THE SIGNS OF A true CONSPIRACY, "NOTHING is more
important than controlling the people"

IN CHAMPAIGN COUNTY COURTHOUSE, FOR THE STATE OF ILLINOIS 101 E MAIN ST. URBANA IL 61801 JAMES FRANK OSTERBUR 2191 COUNTY ROAD 2500 E ST. JOSEPH, IL 61873 THE STATE POLICE OF IL THE CHAMPAIGN COUNTY POLICE DEPARTMENT THE CITY OF CHAMPAIGN POLICE DEPARTMENT THE CITY OF URBANA POLICE DEPARTMENT .Those terrorists threats, which must be investigated THE NATIONAL IGNITION FACILITY, livermore CA
OUR LIVES THREATENED WITH EXTINCTION,

the first theat!
YOUR american LEADERS/ YOUR university EXPERTS,
gamble with this planet, at the national ignition facility:
BASED upon these theories (guesses/ expectations). The
machine exists/ the experiments are now running. What is
true,
DETERMINES whether this entire planet lives or dies!
Not a game, because this is our reality; because this is the samefire as is on the sun/ the potential same result as is the sun, hereon earth! This trial is NOT about "the science"!
Rather this trial for WE THE PEOPLE: is strictly about the
risk and reality of being wrong/ or being too late, a future
destroyed; if we do not act now!

fusion cannot be sustained here, because the necessary gravity,
hence pressures "to crush atomic materials, thereby attaining
heat": are not possible to maintain for any significant period
of time, on earth.
THEORY #2
thereby; all fusion is generated from the center of the sun,
(wherein tremendous pressures are believed to exist,
BECAUSE OF gravity) and radiates out.
THEORY #3
GRAVITY, because the sun is considered to be so massive, is
the cause of fusion.
THEORY #4
gravity is: the evidence of a large body attracting a smaller body,
thereby holding it by some form of unknown attraction.
Upon these four theories "of the extra special smart people":
they gamble bringing fusion to earth will not cause this planet
to become as the sun is today; completely engulfed with fire!

THEIR QUOTES:
1. WE WILL create an energy burst explosion: equivalent to 500
trillion watts or 1000 times the electrical generating capacity of
this USA.
2. WE WILL achieve temperatures inside the target area of over
180 million degrees F. "More, than an exploding sun"
3. WE WILL create pressures equivalent to 1000 times greater
than, the gravity of this earth, inside the target area.
THEIR MACHINE: 192 of the most powerful lasers known/ all
pointed at one single pinpoint spot called the target.
THEIR PURPOSE: to surround and encapsulate the atomic
structure of whatever elements are inside that target, and make it
surrender to their, heat imposed. "No escape"! Thereby
forcing the atomic laws that govern our existence here, to
submit beyond their limits to resist: changing that atomic law of
time, governing earth.
THEIR GUESS: fusion will result/ THEIR EXPECTATION:
but when we stop the lasers: it will stop, because the pressures
needed to sustain fusion; containing the atomic environment
will cease. More at www.justtalking3.info
IF THEY ARE WRONG/ AND THE FUSION STARTED
CONTINUES
WITHOUT PRESSURES INDUCED BY
LASERS:
they have created a fire that cannot be put out, because
everything here is fuel!
Are you willing to bet this planet on that theory?
E) the stated "military mission, or purpose of NIF, this facility; apart from creating fusion is: to test, "the explodingpart, of nuclear bombs"! Going to contain "repeated nuclearexplosions", inside a target area with lasers. In a suburb calledlivermore; of San Francisco. Apart from all the otherpossibilities: containing nuclear explosions by encapsulating itwithin laser beams mean: IF ONE single laser fails/ there is ahole by which the nuclear explosion will escape, as a focusedblast, multiplied by the energy effects, of the remaining 191lasers.
ARE YOU WILLING TO GAMBLE WITH THIS
ENTIRE PLANET/ ITS CHILDREN/ ITS LIFE/ ITS
FUTURE:
TO PLAY THIS GAME? Want to live in a San Francisco?
NO GOING BACK
, EITHER life or death, for a planet/ based
upon theory; and the propaganda of news media, declaring "they
know"/ when in fact as proven by the word theory: THEY
DON'T KNOW.
These are Excerpts from www.justtalking3.info This is NOT a research project, it is an expectation and attempt
to create as stated on their site: fusion, the same fire as is on the
sun. Fusion is the burning of atomic bonds (EVERYTHING
HERE IS FUEL)/
very similar to fire on earth that burns
chemical bonds: except atomic BONDS ARE the fuel, instead
of chemicals or more correctly molecular bonds.
Theory #4 believes gravity is so strong it "holds the planets in orbit around the sun". YET: We can defy earth gravity, by jumping; with minimal efforts. HOW is that possible
if gravity is as they expect, holding planets millions of miles
away. The math does not compute!
Compared to the size
difference between earth and human, it is not possible.
Theory #3: the sun is massive! However, we know the flame rises due to heat expansion "millions of miles" from the
surface of the sun/ because it is a sphere on fire. Thereby the
heat pushes against itself, adding a tremendous increase in the
distances needed, for that heat to exist in relation to the reality
of expansion. Meaning very simply: not only does the fire not
extend down to the sun body itself/ but the size of that sun body
must then be, extremely smaller: than common science expects.
Theory #2. The sun burns from the center out. IF the sun was entirely "fire"/ then it would all be burning, causing arate of consumption applied to the body of the sun that would beextreme. The opposite is true, it burns slowly; and we know thisis true, because the sun remains constant in human history. Since we know, that everything on fire, is being consumed. Weknow, thousands of years of human history would prove thetemperatures here on earth would have changed. Thereby, weknow everything is not being consumed. If everything is on fire,everything is being consumed. It is not so.
MORE CRITICAL is the known truth: an exploding sun expands tremendously prior to its final explosion. We know, if
the sun were completely on fire, being hottest at its center:
THEN NOTHING EXISTS within that mass, TO EXPAND!
Thereby proof positive fusion exists on the surface/ NOT from
the center out.
a large mass on fire, has a variety of "hot spots" and will attain cracks and crevices and flumes varied by the temperaturesbeneath. It will have area's being consumed faster & slower/ thesun would then deviate from a spherical shape/ and it does not.
Theory #1 only intense pressures create fusion! However reality states: being effectively contained as an atomicenvironment/ and developmentally altered from its normalatomic state. Atomic energy that cannot react outward/ giventhe law: for every action there shall be a reaction! Demands thatenergy shall turn in upon itself: because for EVERY ACTIONIN TIME, there will be a reaction in reality. OR more simply anatomic energy confined which cannot push out/ onceoverwhelmed, then pushes into itself. That process begins theburning of atomic bonds OR: The process intensifies,dependent upon the length of time: establishing "no space" and a black hole is born. When excess energy creates, a singleescape route. Essentially becoming a "ram jet engine"; what wesee as "extreme suction"/ pushing mass through that center;turns energy inside out, and "dark energy is formed" Theory #5 that fusion is made by the joining of two hydrogen atoms to become helium. HOWEVER, reality argues:When atomic bonds are severed, only "parts and pieces" are left/they eject as individual protons and electrons to recombine pastthe flames as hydrogen. Meaning their theories are, all fantasyand delusion People will die.
Or would you prefer to believe "Chernobyl" never Those actions include the SECOND MAJOR IMMEDIATE THREAT
to our planet: the terrorists at CERN/ the particle acceleratorburied in a mountain. Their stated purpose: "to recreate and study, the
energies responsible for the BIG BANG"/ THE SINGLE
MOST DESTRUCTIVE EVENT IN THE HISTORY OF
THE UNIVERSE. Here on earth.
IT IS, A gamble with this
ENTIRE planet that is complex/ but understandable, if you
try.
THESE "EXPERTS" ARE, attempting to demonstrate
energies that led to:

creating the structural defects that caused the originating mass to explode, and expand into the universe we
know today.
We know structural weakening occurred
because it is a documented explosion of. such force, that no
doubt exists only "dust and gas" was left
.
THESE scientists, ARE GAMBLING: they can
create the same energies and use it as a toy to study: simply
turning their machine back off, will mean nothing bad can
happen. They BELIEVE , THIS EARTH WILL NOT
EXPLODE; EVEN THOUGH THEY EXPECT, intend and
demand: THESE ARE THE SAME ENERGIES, THAT
DESTROYED THE ORIGINATING MASS, of an entire

previous universe. To be wrong then, is to create the
destruction of this earth/ same energy, same result is not
unlikely. Therefore we review their theories here. (IN
BRIEF) And demand: if even a one in a million or more
chance exists the entire planet is destroyed: THIS MUST
STOP! IT IS, our lives/ our future/ our everything: NOT
just yours.
They BELIEVE, the potential rewards, outweigh the risk;
they are going to be "gods". However the reality once
released, means we cannot go back in time. If they are
wrong, the evidence is: an entire universe was changed;
how much less, just this small planet.
Their machine is described, as the following statements: (
described at scientific american, February 2008, for the
propaganda media).
1. We will achieve one trillion volts of contained energy,
traveling at the speed of light; within this machine. You could
think of it roughly; as the energy required to lift 3 or 4 empire
state buildings off the ground.
2. We will boost the proton's energy (the active part of a
nuclear bomb) by 16 times. Or if they could transfer this
imposed energy into a nuclear bomb, it would be 16 times as
deadly and destructive.
3. We will smash these protons at the speed of light 30 million
times a second, for up to 10 hours. These are (for visualization)
bunched into "trains". The number of trains or bunches on the
"rails/ wires" are 2,808 at any one time. The number of
collisions per second on this ride is up to 31 million crashes per
second, at 4 locations. The expect as many as "20 individual
train cars " collisions at every crash site, each time; the rest
travel on. 31 times 4=124 million crashes per second for ten
hours=36000 seconds times 124,000,000=4.464 trillion crashes
per day times 20 individual proton crashes per time= 89 trillion,
28 billion proton crashes per ten hours
4. Several nuclear power plants are required to generate the
electrical forces needed for their experiment. Add that to fuel
consumption/ pollution/ etc.
5. All of that force is isolated "into two wires (for simple
understanding)", the electricity moving in two different
directions/ and then directed into a head-on "train wreck"
collision through what is in fact "a needle, or proton ejection
means, shooting the gap between wires"/ all that power, going
through"a needle" kind of like your sewing machine; sort of.
Their desire and intent: apart from any other description is, to
create energies: "to search for new forces never before seen in
time".
While this may sound exciting, the reality of unleashing
forces that do not obey the laws of energy and mass in time; as
has already been proven to explode an extreme mass. IS
WITHOUT DOUBT EXTREMELY DANGEROUS.
YET,
this is their plan/ their purpose/ what their machine is for: and it
is playing with tremendous force. Established, with your
money.
YOU WILLING TO BET YOUR LIFE, YOUR
CHILD, YOUR FUTURE, YOUR ENVIRONMENT,
YOUR EVERYTHING/ YOUR PLANET: ON THE
RESULT? They are betting exactly that, and the machine is
now running.
WHAT THEY DO NOT TELL YOU IS: that in playing
with energies this extreme, it is entirely possible that they
WILL create the same energy that caused the originating mass
of the previous universe (all gathered together/ just like this
planet): TO EXPLODE with an intensity, that nothing seen
in time can duplicate. Or more simply, given the
incomprehensible size of that originating mass: WHAT WE
DO KNOW IS, THAT EVERY SINGLE ATOMIC
STRUCTURE INVOLVED EXPLODED AT THE SAME
TIME! Creating instantaneous expansion of the whole. Or
more simply, it exploded so completely and so violently, that
only dust and gas was left from the entire originating mass.
Think about that for just a second/ and then go back to their
stated purpose: to bring this energy here on earth
.
What is important about the big bang for this discussion is:
FOR ANY STRUCTURE TO DISINTEGRATE INSTANTANEOUSLY , as did the originating mass of this
universe: ALL THE STRUCTURAL COMPONENTS
INVOLVED, HAD TO BE WEAKENED, (a very
important fact).
In other words, something preceded the
explosion itself. The question is HOW? The answer is: only
an energy SO EXTREME, that no reaction could exist, no
elemental relationship could defend; to confront it.
An
energy and momentum accelerated so fast: that time did not
exist, by the laws we know as truth. Time is by actual fact: the
law that says, for every action there will be an equal opposite
reaction.

What is important here is: THE RISK TO OUR
WORLD/ THE GAMBLE these few, and their propaganda
news teams, experts, and governmental leaders have
created: to an entire planet of life.

The question is: HOW MUCH velocity and
momentum can the altered energy; as dimensional protons
of mass, escaping time; exit from this chamber with? We
return to their statement: "We WILL increase proton energy
(the explosive part of a nuclear bomb) by 16 times, due to our
acceleration process".

A 20 megaton nuclear bomb then becomes a 320 megaton nuclear bomb: it is a massive increase in momentum.
Therefore lets remember: if a proton escapes at the velocity of
the speed of light/ with an equivalent momentum of 16 times its
normal state of energy, it needs only a push: to be
accelerated beyond the speed of light
/ or the arena wherein
time and its dedicated limits of: for every action there shall be
a reaction/ or measurement of time exists.
To give these protons that push at cern, in these
experiments: there is "at the atomic level" ; a massive
nuclear explosion behind them/ with every crash. 89 trillion
proton, crashes in ten hours
Does that not sound like "a
push"?
There is also a massive aurea of electrons in front,
behind, or surrounding them; opening the door, to escape
velocities, for any proton that breaks free.

DEPENDENT UPON: the protons that do escape beyond the limits of time, or action and reaction limits imposed by time. The extreme number of electron energies pulling them
or more correctly TURNING THEM BACK, (opposites do
attract in atomic energy; electrons exist at speeds over "light")
will be applied. This then becomes the ingredients to form:
"like a trampoline or spring, at low amounts of mass, or more
specifically, if enough mass is ejected, or collected at once; a
centrifugal loop"
. The energy created identifies itself by the
trail of electrons it creates/ but because this is over the speed of
light, time cannot measure it. The end result is: protons will
bounce back and forth, or circle through the earth or around it;
unnoticed and unfelt until the true force has gathered together
enough protons with sustained momentum to "leave the womb"
of its creation, called CERN. With this mass in place, and these
controlling electrons an established force, anchored in place.
This energy now, begins influencing time. OR more simply,
once enough momentum has been achieved to estasblish, the
centrifugal effect, an "upside down electron tornado" effect,
will occur; which will then pull atomic structures apart on
earth, and eject them into space: the end will soon come!
Which is: the necessary effect in, or allowing: the complete
weakening of atomic structure in large or small mass. Once the
tipping point has been passed, more and more protons will be
accelerated to complete the process by the actions of this
energy)/ as is proven possible by the originating mass. Prior
to its explosion, which did create, Our completely new universe.
Or, in this case OUR; evaporation from space and time, as the
planet explodes. Not a fantasy, these are the energies being
created/ the purpose of the machine at CERN! They play a
game; without regard to consequences, planet, or life: using
fantasy, delusion, arrogance, and absolute selfishness
GAMBLING with our lives. But reality proves it is no game.
MORE IN DEPTH AT http://www.justtalking3.info
love is the essence of everything we are, being alive struggles, because of what we are not. Truth says: it is not lifethat lacks in us/ it is, "what we choose to want". Find truth. Or people will die. This is, Added in an effort to modulate ( to leave room for hope) fear.
The demand REMOVE all assistance/ all monies/ all intellectual property/ all physical property, lent, given, or sold/and demand NO citizen of this place shall enter therein orprovide assistance in any manner. They shall be calledTRAITOR, if they refuse/ and held accountable. Thisgovernment shall seek resolution with other governmentsregarding this threat.
Those who see no danger/ and drive right into a brick wall: are called "fools". Are they not? Those actions include The THIRD immediate threat, TO LIFE.
NATURE IS, THE GENETIC STRUCTURE OF LIFE! It is
not more than that or less than that.

Nature is, the genetics that build our bodies, create
our world, establish a fundamental base of knowledge by
which we survive. Combined with the energy necessary to
establish and maintain movements, decision, and the
comprehension called life. THIS NATURE, the universities,
industry, agriculture, medicine, and businesses, are mutilating
across this planet; as if it were a toy.

The foundation of their theory on genetic mutilation is: 1. In the religion (cannot be proven) called evolution: evolution
(we shopped/ we wanted/ we took for ourselves/ and it just
worked, without even a brain)
builds everything, "therefore life
heals itself/ and we don't have to care about anything". Even
though these "scientists", say it took "a billion years".
2. The primary goal of geneticists for the last fifty years has
been: IF WE CAN JUST MAKE GENETIC STRUCTURE
"COLLAPSE AND BURN; so to speak"!
THEN, we will
learn how to put it back together and take it apart:
becoming creators of evolution ourselves/ WE will be gods.
[
These scientists, HAVE done
HORRIFIC things to life, in their
laboratories, behind closed doors!]

That means, their perceived primary purpose is to
destroy the integrity and disciplines that give us life. The
BALANCE, that gives us two arms/ eyes/ legs/ etc; same on

both sides.
No response from the court of any kind in 10 MR 766/ a
complete refusal: stole the money.

#46 APPENDIX Q THE FOUNDATION OF WHY
THIS IS IMPORTANT added to #45 extreme issues that we
must address from www.justtalking3.info

Without antibiotic (disease held back) feed, the entire
livestock industry dies.
We have no other methods left, to raise
anything. It will be the end of meat/ eggs/ etc, for billions.
Confinement agriculture will stop, without antibiotics: what
then? A more deliberate picture here is, that antibiotic feeds
stop an infectious disease from spreading, because it if is not
stopped immediately by blanket methods such as antibiotic
feeds;
the entire herd, or flock can be lost.
These are not fed at
all times, but more than enough to prove without them close
confinement fails
entirely. Antibiotic resistance is nearly
complete (ended), for us too.
Such is the result, "of easy/ I want
to own it all".

The final sanctuary, for breeding stock we depend upon; in
the arctic ocean, is now open
/ and "fish" will then be extinct/
numbers too small to matter. Thousands of ships fishing 24/7.
"At sea, till full"
. I must make a living& I WANT more!
The fundamental truth here is simple; human behaviors
demand
that it takes a navy to stop the march of men and
machines
in their goal to GET ALL THEY CAN GET. To get
rich, by taking all the fish they can take. Nothing less than force
will keep the international fishing fleetsfrom gathering all the
fish they can. Simple as that. Without this last preserve, the
numbers will die; we cannot replace them. Every year beyond
this 2011-2012 at the most will see starvation increase. Because
nature can no longer defeat your needs;
unless you help nature
itself survive.

World human population grows at 2 million per week . You
want what you can no longer have, an endless supply of space

and time to do whatever you want to do. This earth is full. Any
true population increase beyond this point is death to us all:
nature cannot sustain us, and that means war, cannibalism, and
terrors beyond your imagination. Just how it is.
7 billion
people; living on 7billion acres of actual "growing land".
One person per acre!
Look around you/ the concrete/ land
lost
/ etc.
If you take the agricultural lands declared by each nation, it
becomes a rough picture of how much land is available. From
that cities, and more are removed, and we see what is left for
our survival; AND EVERY other creature not in the sea, or
dependent within the sea upon what comes from the land.

Oceans polluted and dying. The incubators of ocean life
destroyed.

People who do not like the water, do not care about the sea;
simple as that. "Doesn't affect me/ WHY should I care"? But
the truth is it does, because we are so many people living today,
because it is the oceans that have made it possible. Without
ocean contributions to our food supply, roughly one in six
people MORE than now;
will go hungry
. Without hope, without
food, without the possibility to survive, because this food source
for humans is lost: who dies first?

People ready for war.
People war with each other as "large groups" because they
want more/ or they believe they have no choice: something has
gone wrong with our situation
, and since we don't want to die/
that means you have to die, so we can live; or have more for
ourselves.

The ogallala aquifer, supporting roughly a billion bushels a
year, is predicted to be empty in six years; dust bowl returns.
This particular aquifer has been considered "without end" we
can do anything we want. That has already been proven
completely false, and yet tremendous amounts of water are
extracted everyday for fuels, for completely useless endeavors,
for a "few pennies more" in my pocket. And many other selfish
and insane demands made by men. We must establish the
windbreaks necessary to stop another dust bowl. We must stop

all but the most necessary use of water so that we can eat a few
years longer. We must prepare for what you have done, because
we have no choice left. Not a game anymore.

Scientists say: ONLY one inch, in fifty inches of rainfall,
reaches the aquifer.
Here too. Contaminated by toxins people
introduce.
Do you know how many toxins are pumped into the
ground beneath your feet? Dumped above the water that you
drink? Dependent upon biological creations to "clean it up" so
that when it reaches the aquifer, you can then drink it: being
poisoned, being attacked with your antibacterial soaps,
pesticides, mutilations, etc.

The court and your leaders demand: we don't have to obey
constitutional law/ because we did not consent 2257; even
though it is in their sworn oath to obey. An impeach-able
offense 08-1339. NOT democracy. Not the people ruling2111
themselves by law!
Read any of the lawsuits (down the page) that I provide,
particularly on this site and you will understand: the judiciary
has made democracy and the courthouse "a game".

Scientists gamble "we can bring the same fire on the sun
here/ and control it; but if they are wrong, we die".
Happening "today".
This is not a small matter, on any given day, one tiny mistake or
failure, and atomic fire could be born: everything here is fuel.
How is that not your concern?

University diplomas' Gamble: they can create "the big bang"
single most destructive event in the history of the universe; and
not blow the planet up.
This is not a small matter, the reality of energy being used, the
consequence of things being done; establish the atomic
mechanisms that control time are being dismantled. The
physical laws we live by as planet earth, is being changed.
Energies we do not know, are being released; uncontrollably.

University arrogance and insanity, Gamble: they can
mutilate everything in nature, and we will survive intact?
Fool? DNA IS NATURE, it is everything called life, mind, or
body:
by the consequences of discipline, balance, survival, or
beauty. And much more.
The endless promise of university is, "WE WILL BE GODS".
The endless reality is, "you CANNOT even control your own
money, or society without war" how little is the possibility you
can survive
changing creation itself. The answer is: terrorism/
the Armageddon prophecy (nature in chaos) comes true.

Noah's flood is proven true: no other possibility exists to
explain the oil and coal reserves.
Or more simply, the amount of these reserves proves a
tremendous amount of living "materials" were buried in the
same place, at the same time, even thousands of feet below the
surface of soils. NO other method, than a world flood, could
have destroyed so much, and buried so many in this way. It is
absolutely clear that flood did exist. It is also absolutely clear,
this earth WAS TEEMING WITH LIFE, at the time of that flood.

Evolution says "one piece at a time, we shopped and chose/
without a brain". Life says, what can you do without: "a heart/
blood vessels/ lungs."? We do need all the pieces and parts,
at once. Can you exist without a liver/ kidney.etc?
Evolution is nothing more than a religion, whose primary
priests reside in colleges and universities and American
government politicians who demand "it's the truth"; even
though they can prove nothing more than adaption (the evidence
of "perfect design") exists.
Shame on you for accepting such
trivial pursuits.

Can you exist without the trillions of gallons of drinking
water lost for fuels?

Drinking Water: is not an infinite resource. What are you
going to do when the "well runs dry". Just like your money,
when the fantasy and delusion ends: REALITY BEGINS! That
reality is war, because without water we can't survive. Wake up
to the horror of what is being done, to everything you need as
life on earth. Too late means your dead.

We can calculate the fossil fuels burned, fire created/ we
know how much oxygen content is required; thereby we
know, we consume more oxygen than this planet creates.
How is that not your concern? Just as is every other resource
and reality of this earth under attack; so is the oxygen we
breathe. Because fire demands oxygen too. We do know how
much fossil fuels are sold. We know, there are forest fires etc;
plus all the life using oxygen.

Everything that creates oxygen; lost / the trees under attack,
creatures in the ocean
, etc.
This is not a game, every creation that produces oxygen is
under HEAVY ATTACK. Every trip you take with your car
consumes oxygen, that life on earth then CANNOT breathe.
This USA alone drives 3 trillion miles, every year! Every aspect
of our atmosphere is limited, and we cannot make more; too
late, is too late; we die.

One trillion dollars = $10,000.00 per each of one hundred
million people. 3.8 trillion spent for this year is $38,000.00,
per each of one hundred million people. That is the math; that is
stealing
(federal reserve chart), that is communism.
Our human reality is: people want slaves. Plain and simple; toaccommodate this demand, all manner and methods ofenslaving the others is used. Although the methods change fromtime to time, the reality never goes away. People want to be"rich"/ which simply means: "To enslave others, for my ownpersonal demands". The current means is simply to createnumbers without substance, because so long as the peopleaccept them: "monopoly money works just fine". (they makenumbers/ we make sweat, tears, and sadness, because we don'tget to share). That is inflation hidden from us.
Debts that cannot be paid, are inflation; unless you just want to
call it outright theft. Inflation is taking from the others, because

you can as government employees "give to yourselves/ or yoursupporters" all the numbers. Which is simply saying: let themasses fight to survive, nobody cares. Regardless of thepropaganda. Happens in every nation/ throughout all of history. The pollinators are nearly extinct. Poisoned. Few fruits or
vegetables
/ no birds, reptiles.a link in the chain of life
missing. Like the key in a car, where do you go?
Seems small, but it isn't! And these are only the
beginning.
Www.justtalking3.info Asking you to care,
advertise/ etc!
Every child does, its their life. A humanity
intent upon sterile plants, no responsibility, everything free.
There is more. Such as climate change: its cooler than
expected, because when ice melts, to consumes heat (makes
your glass cold). Such asbiological weapons of mass
destruction are said to be over 97% effective. Such as, the ozone
hole
does matter, because radiation similar to nuclear
exposures will happen. Too late simply means war (I WANT
more)/ cannibalism (nothing here to eat, but you)/ extinction
(too little, too late). For you too! Not a game. Life or death a
future decided for us all, today. A future determined by every
person who can make a difference. You want to hate me, and
do. But it is your own lives you curse/ not mine. It is your own
future you deny, not mine. It is your own failure, not mine. I am
irrelevant/ because only you can change yourself. Paid Ad
The reality of these truths, the consequence of what it means tobe wrong: proves, "that I will begin again".
The evidence of a need for WORLD LAW/ thereby the end of ahumanity at war: is absolutely necessary.
#47 APPENDIX R: Letter, To the clerk of the court; Ruth
Jones INCLUDED HERE, BECAUSE OF THE LAW
ESTABLISHED.
dated July 18, 2011
This petition/ writ; recognizes all that you have requested; and is thereby printed with the full and fairexpectation that it shall be docketed as is consistent with theclaim for justice; required by all courtrooms in this USA. NOfurther changes are expected to be made. This is my writ, notyours, and its content and form exist as my statement before thecourt, not yours: consequently it is my personal property and iscovered under law as to the sanctity provided under amendment4 US constitution.
As per your instructions, amplifications of the reasons were included on the first rewrite/ as per your instructions July6; the questions presented for review are simplified, andimmediately follow the cover. The titles and listing ofstatements in the order requested has been done. Establishingthat the writ is now exactly as it should be, by your ownstatements.
The appendix, by rule 26 need not be filed until 45 days after entry of the order granting the writ or in paragraph 4 within 14 days after the brief is filed. Consequently althoughsent immediately; it is NOT expected to present any cause bywhich the writ itself can be delayed or rejected, at this time. THE ABILITY to docket this lawsuit, is then complete/ the rightto do that, without interference: a fundamental of democraticlaw; and the rights of a citizen. I will offer, since all pro selitigation at this level is filled with "why do you make me dothis"/ that it is "reasonable and fair" to demand "do what needsto be done". If that is your job, and you do what you need to doas well: then I thank you for the effort.
The equal protection clause of the fourteenth amendment proves: THAT MY RIGHT to access before thiscourt cannot be denied by any simple rule or under the strictscrutiny of law, there is no possibility that a rule of the court candefeat my demand for constitutional guarantees given to me, bymy nation/ by my government called the constitution of thisUSA. YOU, represent the employees of that government, andthey represent the oath required of them. "Protect/ defend/ andobey", the constitution of this USA. 389 U.S. 258 The right to retain order in the court: DOES NOT constitute a command over the law/ merely a demand for
discipline in the court. Discipline is not its military constraint as
in everyone march in line/ discipline in law is: EVERYONE
must seek justice.
Under even liberal construction, the demand
for constitutional guarantees supercede all restraint or order
applied by any rule/ regardless of the court. The fact, that I am
liable for the words, and it is my life they affect more than the
court: I am in charge of the final say.
The date has been changed / font size adjusted for page limits.
The addition of 12 (simplified) constitutional questions/ and
one primary question are created;
the twelve established by
the respective orders of the appellate and district courts being
reviewed; as well as the "report and recommendation of the
district court".
The titles of the respective statements have been changed as is
necessary to respect your demand
respective statements have been moved in the document to
reflect your demand
paragraph numbering eliminated.
NO other substantive or real changes have been made to this
document other than the last lines in it:
If you refuse/ shall there not be consequences! "Istreason NOT, what you believe you are"/ BUT, thetruth of what you actually did do? LET THE PEOPLE DECIDE. Not me.
In summary, this case exists only because a letter was sent to the pro se clerk of the US supremecourt/ which resulted in an order from the district courtfinally being sent to me. Otherwise like other cases; "itjust disappears". Proving a conspiracy to deny what isconstitutional law called redress of grievances. As isprovided in #47 of the appendix; a short list of themany delusional rants and ravings of the courts involved; all claiming frivolous/ incomprehensible/ etc; to my claim of both state and nation, that OUREMPLOYEES must do their job as the constitutiondemands rather than whatever they choose; as isconsistent with the claim of a ruler/ rather than anemployee. Their claims are proven untrue again/ asthis case is not frivolous, nor incomprehensible, etc. Investigate for yourselves. Then establish: if I a pro se litigant who has successfully defended against all the legal claims/ onlyto be driven from the law by what is nothing more thandelusional "ranting and ravings" from the court: ormore specifically lies. What chance for justice does anyother pro se litigant have? The answer is absolutelynone; proven again it is not the law that rules, but thewhim and opinion of a judge. That is not democracy/that is treason. The balance of power is missing;buried under the weight and burden of a claim by thejudiciary for immunity: it "patently and withoutmerit": does not deserve.
REDRESS OF GRIEVANCES IS; our right as owners of this nation established by our vote/ ourdemocracy established by our laws/ and the distinctioncalled we the people in full view for the world to see.
The judiciary having declared themselves immune from the people, the law, and the constitutionin terms of redress of grievances either state or nation/have effectively declared war against the people; byremoving the balance of power, which makes themresponsible for what they do. The failure to obey thelaw/ your oath/ our constitution is treason.
The clear demand: that no true access to the court exists without paying the lawyer exists asextortion.
The foundation, purpose and passion of this work is NOT legal, but the reality: this world, is in grave danger/ and we only die once. We cannot be wrong. See
appendix #45 THE SIGNS OF A true CONSPIRACY,
"NOTHING is more important than controlling the people"
.
And #46, "extreme issues; we must address as a nation
and world. www.justtalking3.info"
The trial in US DISTRICT COURT 10- 2277 as identified in appendix #45 is conspiracywithout doubt: to rule our lives/ rather than serve; todestroy our lives/ rather than protect; to claimsuperiority "they know"/ rather than to accept equalitywith the people; and does establish that not only doesthe federal system of courts deny first amendmentredress of grievances. This 10-2277 is a demand tomake the state judiciary of IL provide its ownguaranteed redress of grievances to the IL people. David G. Bernthal judge.
This US SUPREME court case is about redress/ this case is about guaranteed rights state and nation. This trial by the list of defendants proves every singledefendant does have the ability to make the casehappen. And today we see: "is this democracy, WETHE PEOPLE"/ or is it treason: "ruled not served".
petitioner files pro se, as a citizen of this USA.
James Frank Osterbur, 2191 county road 2500 E. St. Joseph, IL 61873 The writ document word count is 8004

Source: http://www.justtalking3.info/pdf/111639_us_supreme_appendix.pdf

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Machine learning for network data ter verkrijging van de graad van doctor aan de Radboud Universiteit Nijmegen, op gezag van de rector magnificus prof. dr. Th.L.M. Engelen, volgens besluit van het college van decanen in het openbaar te verdedigen op maandag 9 februari 2015 om 14:30 uur precies Twan van Laarhoven geboren op 1 februari 1985 Prof. dr. Tom Heskes