The action that was filed in the Superior Court District of Denver involving five living humans who are fulfilling their duty to protect the United States of America from "enemies both foreign and domestic" has been proceeding since April 27th, 2017. During the course of the case, numerous court officers have used their positions to interfere with court proceeding. Three of the court officers include two magistrates Kathleen M. Tafoya and Marcia S. Krieger. It should be noted that both of these officers are not qualified to sit on any bench as they have taken their oaths of office after March 1st, 1991. As such, they are not on a valid oath of office as required by The Constitution for the Untied States of America at Article VI, Clause 3.
The purpose of this post is to make public the actual documents as filed so as to publicize the treason committed repeatedly by the court officers, not just in this case, but in all cases proceeding in most cases today. Each entry below is as it should have appeared on the docket in Pacer, a site where federal court cases can be viewed, had the clerk of the court not attempted to hide from the public the true nature of the case. It should be noted the actions of the court officers are treasonous. This article is not to address those acts of treason, but is to present to the public the record so that the public may decide for itself the actions of all parties to this action at law.
In viewing this record there are some things to keep in mind.
The clerk of the court is not permitted to make any decisions regarding the format of legality of the documents filed.
The clerk of a court, like the Recorder is required to accept documents filed. It is not incumbent upon him to judicially determine the legal significance of the tendered documents. In re Halladjian, 174 F. 834 (C.C.Mass.1909); United States, to Use of Kinney v. Bell, 127 F. 1002 (C.C.E.D.Pa.1904); State ex rel. Kaufman v. Sutton, 231 So.2d 874 (Fla.App.1970); Malinou v. McElroy, 99 R.I. 277, 207 A.2d 44 (1965); State ex rel. Wanamaker v. Miller, 164 Ohio St. 176, 177, 128 N.E.2d 110 (1955.).) (Daniel K. Mayers Et Al., v. Peter S. Ridley Et Al. No. 71-1418 (06/30/72, United States Court of Appeals for the DC Circuit.) (Emphasis Added)
It should also be noted that once a document is delivered to anyone of authority it is considered filed whether the clerk marks the document with a stamp stating "filed" or "received". The marking of the document merely denotes a moment in time when it is filed for chronology. The marking of the document does not denote the document is file. No marking of the document is required for it to be filed.
it is settled law that delivery of a pleading to a proper official is sufficient to constitute filing thereof. United States v. Lombardo, 241 U.S. 73, 36 S. Ct. 508, 60 L. Ed. 897 (1916); Milton v. United States, 105 F.2d 253, 255 (5th Cir. 1939). In Greeson v. Sherman, 265 F. Supp. 340 (D.C.Va.1967) it was held that a pleading delivered to a deputy clerk at his home at night was thereby "filed." (Freeman v. Giacomo Costa Fu Adrea, 282 F. Supp. 525 (E.D.Pa. 04/5/1968).)
The law of the case as decreed by the sovereign of the court was included in the exhibits. The list of exhibits follows the docket entries below. The law of the case is delineated in Exhibit A. (If the exhibits are not listed as of the readers visit to this page, it will be forthcoming.)
This is an action at law filed in a court of record. It is not an action in equity, not is it an action in admiralty. All court officers are required to know the difference and act accordingly. Magistrates (judges) are not permitted to make decisions in courts of record. This was the primary reason the conspiracy of the BAR guilds included the overthrow of the courts of record or common law courts. The evidence of the conspiracy is included in this case as Exhibit F. This is a letter written from the Colorado BAR in 1933 to the governor assuring him the BAR would get rid of the county courts which were common law courts as requried by the Colorado constitution and the Constitution for the United States of America.
The entries made to the docket below indicated the clerk or magistrate who made the docket entries.
Note: A minute order is not an order, but is merely a note for the magistrate or clerk. Although a minute order is merely a note, clerk's and magistrates count on the ignorance of the people against whom such "orders" are made to not know the insignificance of such an "order".
- April 27th, 2017 Docket #1 Original Action as filed United States of America et. al. v. United States corporation
- April 28th, 2017 Docket #4 Habeas Corpus for :bruce-allen: doucette: (Stricken without leave of court by magistrate Tafoya.) (jgonz, ) Modified on 5/8/2017 (jgonz, ). (Entered: 05/03/2017)
- May 2nd, 2017 Docket #5 Notice of Removal (Attachments: # 1 Exhibit)(jgonz, ) (Entered: 05/03/2017)
- May 3rd, 2017 Docket #6 Magistrate's "order" for claimants to file "Amended Complaint" (jgonz, ) (Entered: 05/03/2017)
- May 5th, 2017 Docket #11 Habeas Corpus for :harlan: smith: (Stricken without leave of court by magistrate Tafoya.) Modified on 5/8/2017 to correct filer information(jgonz, ). Modified on 5/8/2017 (jgonz, ). (Entered: 05/08/2017)
- May 5th, 2017 Docket #12 Habeas Corpus for :steven-dean: byfield: (Stricken without leave of court by magistrate Tafoya.)
- May 5th, 2017 Docket #13 Habeas Corpus for :stephen-john: nalty: (Stricken without leave of court by magistrate Tafoya.)
- May 8th, 2017 Docket #14 MINUTE ORDER: In this action brought under 42 U.S.C. Section 1983, Plaintiffs have filed multiple applications for Writs of Habeas Corpus purportedly seeking release based on alleged constitutional violations in criminal proceedings. Habeas corpus claims may not be raised in a 42 U.S.C. § 1983 action. See Muhammad v. Close, 540 U.S. 749, 750 (2004); see also Hill v. McDonough, 547 U.S. 573, 579 (2006) and Preiser v. Rodriguez, 411 U.S. 475, 504 (1973). If Plaintiffs wish to pursue habeas corpus claims, they must file separate habeas corpus actions. Id. Accordingly, Plaintiffs' applications for writs of habeas corpus at 4 , 11 , 12 and 13 are hereby STRICKEN. By Magistrate Judge Kathleen M. Tafoya on 5/8/17. Text Only Entry (kmtlc2 ) (Entered: 05/08/2017)
- May 9th, 2017 Docket #15 Tafoya "order" to show cause without leave of court. returnable by Steven Dean Byfield, Harlan Smith, and Stephen Nalty why why their claims should not be dismissed for failure to keep the court informed of their current address and participate in good faith in this litigation. Show Cause Response due by 6/5/2017, by Magistrate Judge Kathleen M. Tafoya on 5/9/2017. (jgonz, ) (Entered: 05/09/2017)
- May 15th, 2017 Docket #17 Writ of Habeas Corpus granting claimants' application for habeas corpus. (Stricken without leave of court by magistrate Tafoya.) (jgonz, ) Modified on 5/16/2017 pursuant to 20 Minute Order (jgonz, ). (Entered: 05/15/2017)
- May 15th, 2017 Docket #18 WRIT of Error Qua Corum Nobis Resident Re: Erroneous Title and Tafoya's Order Directing Claimants by Plaintiff Kimberly Shields. (jgonz, ) (Entered: 05/15/2017)
- May 15th, 2017 Docket#19 Order to Cease and Desist to defendants. (jgonz, ) (Entered: 05/15/2017)
- May 15th, 2017 Docket #20 "MINUTE ORDER: In this action brought under 42 U.S.C. Section 1983, Plaintiff Kimberly Shields has purported to file an application for a Writ of Habeas Corpus on behalf of fellow Plaintiff Bruce A. Doucette seeking his release from the Denver County Detention Center located in Denver, Colorado. Habeas corpus claims may not be raised in a 42 U.S.C. § 1983 action. See Muhammad v. Close, 540 U.S. 749, 750 (2004); see also Hill v. McDonough, 547 U.S. 573, 579 (2006) and Preiser v. Rodriguez, 411 U.S. 475, 504 (1973). If a plaintiff in this action wishes to pursue habeas corpus claims, he or she must file separate habeas corpus actions. Id. Accordingly, Plaintiff's 17 application for writ of habeas corpus is hereby STRICKEN. By Magistrate Judge Kathleen M. Tafoya on 5/15/17. Text Only Entry (kmtlc2 ) (Entered: 05/15/2017)" (Entered by clerk without leave of court.)
- June 30th, 2017 Docket #21 Notice of Fraud #24 entered as updated evidence to include Michael Spear not on valid oath of office. (nmarb, ) (Entered: 06/30/2017)
- June 30th, 2017 Docket#22 Writ of Mandamus (Marked as proposed by clerk without leave of court.) (nmarb, ) (Entered: 06/30/2017)
- June 30th, 2017 Docket #23 Writ of Error Quae Coram Nobis Residant "Minute Order" (Incorrectly spelled resident and marked proposed without leave of court by clerk.) (nmarb, ) (Entered: 06/30/2017)
- July 12th, 2017 Docket #24 CASE REASSIGNED. This case is randomly reassigned to Chief Judge Marcia S. Krieger under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). All future pleadings should be designated as 17-cv-01046-MSK. (Text Only Entry) (jgonz, ) (Entered: 07/12/2017)
- July 12th, 2017 Docket #25 ORDER OF REFERENCE to Magistrate Judge Kathleen M. Tafoya by Chief Judge Marcia S. Krieger on 7/12/17. (dkals, ) (Entered: 07/12/2017)
- August 14th, 2017 Docket #26 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 1 Complaint, filed by Steven Dean Byfield, Kimberly Shields, Harlan Smith, Bruce A. Doucette, Stephen Nalty. This court respectfully RECOMMENDS that Plaintiffs Complaint and this action be dismissed without prejudice for failure to comply with the directives of the May 3, 2017 and May 9, 2017 Orders for an amended complaint and to show cause, by Magistrate Judge Kathleen M. Tafoya on 8/14/2017. (jgonz, ) (Entered: 08/14/2017)
- August 15th, 2017 Docket #27 Order of Removal from inferior court to remove inferior court cases to superior court due to inferior court ignoring notice of removal. Mark as "Notices entitled" by clerk dkals without leave of court. (dkals, ) (Entered: 08/15/2017)
- August 15th, 2017 Docket #28 Writ of Contempt holding magistrate Krieger and clerk in contempt of court. Clerk to be name specifically at a later date. Marked as "Notice entitled" by clerk dkals without leave of court. (dkals, ) (Entered: 08/15/2017)
- August 15th, 2017 Docket #29 Certificate of service. (dkals, ) (Entered: 08/15/2017)
- August 23rd, 2017 Docket #30 Proof of Service. (dkals, ) (Entered: 08/23/2017)
- August 23rd, 2017 Docket #31 DEMAND for Trial by Jury, entitled "Motion for Jury Trial," by Plaintiff Kimberly Shields. (dkals, ) (Entered: 08/23/2017)
- August 23rd, 2017 Docket #32 Writ (order) of Contempt re: Tafoya and clerk marked as "OBJECTION" by clerk. (dkals, ) (Entered: 08/23/2017)
List of Exhibits
- Exhibit A - Law of the Case
- Exhibit B - Notice of Fraud
- Exhibit C - Search Warrant Doucette
- Exhibit D - Arrest Warrant Doucette
- Exhibit E - Fake Indictment
- Exhibit F - Conspiracy Letter from Colorado BAR to Governor Edwin C. Johnson, January 18, 1933.
- Exhibit G - Original 13th Amendment to the Constitution for the United States of America regarding titles of nobility.
- Exhibit I - Certificate from State of Colorado, Secretary of State certifying there is no entity known as "THE PEOPLE OF THE STATE OF COLORADO" sign by Secretary of State Donetta Davidson.
- Exhibit J - Oath of Office for superior Court Justice :bruce-allen: doucette:
- Exhibit K - State redefined to include only federal territories and Washington DC.
- Exhibit L - List of stolen property
- Amended Notice of Fraud with the addition of Michael Spear and Robert J. Shapiro for failing to take a valid oath and/or having no fiduciary bond.