I challenged jurisdiction in a few cases in mid April, so we're coming up on two months. Also, it fed court, the judge issued a minute order allowing the other side's attorney to testify by phone, which I objected to. I recall reading that those orders aren't worth the paper they're written on, so, I wrote a Writ of Error and Notice of Invalid Order. She's written ANOTHER order, just got it in the mail, so, Contempt of Court, or...?
How much time do state and federal judges get to respond to a jurisdicitonal challenge, and, what do we do if they ignore it?
Sun, 06/04/2017 - 18:55
#1
How much time do state and federal judges get to respond to a jurisdicitonal challenge, and, what do we do if they ignore it?
It is true that minute orders are not orders at all. The judge doesn't expect you to know that. Was your jurisdictional challenge entered in a court of record? If so, only then can you submit a woe or any other order. However, if you have already corrected the judge and he entered another order, contempt of court is appropriate. You will want to make sure that you are actively correcting your status by resigning as agent and completing a few other things to bring yourself back from the dead and claiming the assets of the estate that they have stolen.
Watch this series of videos. https://www.youtube.com/watch?v=S49uL5edTKw&t=3158s This is the 2nd in the series of five. The 4th one spells out 4 things you must do. I would suggest you also resign as agent for the agency. https://www.youtube.com/watch?v=jgA9-OK_fOA&t=3022s
M. R. Hamilton
Thanks very much for taking the time to reply. Since I posted this question, I happen to come across some recent cases where AFN members, or, at least, people who are in some affiliated with afreecountry, are getting steamrolled by the courts, and this is in fed court, not state. What, if anything, did Ms. Hernandez do wrong in the following court docket(the court's final 2 rulings are attached. Interestingly, the court says it dismissed her case because "...the Court finds that it lacks subject matter jurisdiction(see attached)." Notice how they arrogantly state they'll accept no more filings except as appeals.
United States District Court
District of Nevada (Las Vegas)
CIVIL DOCKET FOR CASE #: 2:16-cv-02414-KJD-GWF
Hernandez v. State of Nevada et al
Assigned to: Judge Kent J. Dawson
Referred to: Magistrate Judge George Foley, Jr
Demand: $3,000,000
Cause: Civil Miscellaneous Case
Date Filed: 10/17/2016
Date Terminated: 02/02/2017
Jury Demand: Plaintiff
Nature of Suit: 360 P.I.: Other
Jurisdiction: Federal Question
Plaintiff
Perla Hernandez
represented by
Perla Hernandez
1300 Paraiso Street
Las Vegas, NV 89117
702-233-9100
PRO SE
V.
Defendant
State of Nevada
represented by
Kathryn Armstrong
Office of the Attorney General
100 North Carson Street
Carson City, NV 89701
775-684-1100
Email: karmstrong@ag.nv.gov
ATTORNEY TO BE NOTICED
Defendant
Clark County
represented by
Yolanda T Givens
Clark County District Attorney's Office
Civil Division
500 S. Grand Central Pkwy 5th Flr.
P.O.Box 552215
Las Vegas, NV 89155-
702-455-4761
Fax: 702-382-5178
Email: YOLANDA.GIVENS@ClarkCountyDA.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
County of Clark
represented by
Yolanda T Givens
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Bank of America, N.A.
represented by
Darren T Brenner
Akerman LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
702-634-5000
Fax: 702-380-8572
Email: darren.brenner@akerman.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tenesa S Scaturro
Akerman LLP
1160 N. Town Center Drive
Suite 330
Las Vegas, NV 89144
702-634-5000
Fax: 702-380-8572
Email: tenesa.scaturro@akerman.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Ryan Goida
represented by
Preston S Kerr
Law Offices of P. Sterling Kerr
1055 Whitney Ranch Drive
Henderson, NV 89014
702-451-2055
Fax: 702-451-2077
Email: sterling@sterlingkerrlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Mark Volpe
Defendant
Stonecrest Acquisitions, LLC
represented by
Preston S Kerr
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Wanda Brumfield
Defendant
K. Alexandra Cavin
Date Filed # Docket Text 10/17/2016 Case assigned to Judge Kent J. Dawson and Magistrate Judge George Foley, Jr. (ADR) (Entered: 10/17/2016) 10/17/20161 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Perla Hernandez. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet, # 3 Proposed Summons)(SLD) Modified text entry to add receipt of payment as a separate event on 10/18/2016 (SLD) . (Entered: 10/18/2016) 10/17/20162 RECEIPT of Payment: $400.00, receipt number NVLAS045547. (SLD) (Entered: 10/18/2016) 10/17/20163 COMPLAINT against All Defendants filed by Perla Hernandez. Proof of service due by 1/15/2017.(SLD) (Entered: 10/18/2016) 10/17/20164 Summons Issued as to Bank of America, N.A., Wanda Brumfield, K. Alexandra Cavin, Clark County, County of Clark, Ryan Goida, State of Nevada, Stonecrest Acquisitions, LLC, Mark Volpe re 3 Complaint. (SLD) (Entered: 10/18/2016) 10/17/20165 CERTIFICATE of Interested Parties filed by Perla Hernandez. There are no known interested parties other than those participating in the case. (SLD) (Entered: 10/18/2016) 10/31/20166 NOTICE re: Complaint filed in Justice Court; filed in Justice Court, Township, of Las Vegas. (SLD) (Entered: 10/31/2016) 10/31/20167 SUMMONS Returned Executed re 3 Complaint and 4 Summons Issued. Clark County served on 10/24/2016, answer due 11/14/2016. (SLD) (Entered: 11/01/2016) 10/31/20168 SUMMONS Returned Executed re 3 Complaint and 4 Summons Issued. Stonecrest Acquisitions, LLC served on 10/25/2016, answer due 11/15/2016. (SLD) (Entered: 11/01/2016) 10/31/201610 MOTION for Temporary Restraining Order re Stonecrest Acquisitions, LLC by Plaintiff Perla Hernandez. (SLD) (Entered: 11/07/2016) 11/02/20169 SUMMONS Returned Executed re 3 Complaint and 4 Summons Issued. Clark County served on 10/24/2016, answer due 11/14/2016. (SLD) (Entered: 11/03/2016) 11/07/201612 AMENDED Summons Issued as to Wanda Brumfield and K. Alexandra Cavin re 3 Complaint. (Attachments: # 1 Issued as to K. Alexandra Cavin)(SLD) (Entered: 11/09/2016) 11/07/201613 AMENDED CERTIFICATE OF SERVICE by Plaintiff Perla Hernandez. (SLD) (Entered: 11/09/2016) 11/08/2016 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Kent J. Dawson, on 11/8/2016. By Deputy Clerk: Denise Saavedra. Presently before the Court is Plaintiff's Motion for Temporary Restraining Order (#10). Having reviewed the motion and the Complaint (#2), the Court denies the motion for temporary restraining order, because Plaintiff has failed to demonstrate any likelihood of success on the merits of the complaint. Further, the Court orders Plaintiff to show cause why the complaint should not be dismissed for lack of jurisdiction. Based on the allegations of the complaint, Plaintiff has demonstrated neither diversity jurisdiction nor a federal question. Plaintiff's response to the Order to Show Cause is due fourteen (14) days from the entry of this order. Plaintiff is warned that failure to respond will result in the dismissal of the complaint. Any reply to Plaintiff's response should be filed within seven (7) days of the response.IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - DXS) (Entered: 11/08/2016) 11/09/201618 MOTION for Cease and Desist Order; filed by Plaintiff Perla Hernandez. Responses due by 11/26/2016. (MMM) (Entered: 11/15/2016) 11/14/201614 MOTION to Dismiss by Defendants Clark County, County of Clark. Responses due by 12/1/2016. Discovery Plan/Scheduling Order due by 12/29/2016. (Givens, Yolanda)
NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 11/14/2016)
11/14/201615 CERTIFICATE of Interested Parties filed by Clark County, County of Clark. There are no known interested parties other than those participating in the case . (Givens, Yolanda) (Entered: 11/14/2016) 11/14/201616 MOTION to Dismiss by Defendant Stonecrest Acquisitions, LLC. Responses due by 12/1/2016. Discovery Plan/Scheduling Order due by 12/29/2016. (Attachments: # 1 Certificate of Service, # 2 Exhibit)(Kerr, Preston)
NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 11/14/2016)
11/14/201617 CERTIFICATE of Interested Parties filed by Stonecrest Acquisitions, LLC. There are no known interested parties other than those participating in the case . (Kerr, Preston) (Entered: 11/14/2016) 11/15/201619 MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 14 Motion to Dismiss, 16 Motion to Dismiss,. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. Signed by Judge Kent J. Dawson on 11/15/2016. (Copies have been distributed pursuant to the NEF - TR) (Entered: 11/15/2016) 11/15/201620 SECOND SUMMONS Returned Executed re 3 Complaint and 4 Summons Issued. Stonecrest Acquisitions, LLC served on 10/25/2016, answer due 11/15/2016. (SLD) (Entered: 11/18/2016) 11/15/201621 WRIT of Error Qua Corum Nobis by Perla Hernandez re 11 Minute Order. (SLD) (Entered: 11/18/2016) 11/18/201625 SUMMONS Returned Executed re 3 Complaint and 4 Summons Issued. State of Nevada served on 10/27/2016, answer due 11/17/2016. (SLD) (Entered: 11/22/2016) 11/21/201622 ERROR: Document not filed in accordance with LR IC 2-2(c) wrong event selected by attorney. CORRECTION: Document terminated as filed in error.
NOTICE of Appearance; filed by Defendant Bank of America, N.A.. (Scaturro, Tenesa) Modified on 11/21/2016 (RFJ). (Entered: 11/21/2016)
11/21/201623 MOTION to Dismiss; filed by Defendant Bank of America, N.A.. Responses due by 12/8/2016. Discovery Plan/Scheduling Order due by 1/5/2017. (Attachments: # 1 Exhibit A-L)(Scaturro, Tenesa)
NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 11/21/2016)
11/21/201624 NOTICE of Appearance by attorney Tenesa S Scaturro on behalf of Defendant Bank of America, N.A.. (Scaturro, Tenesa) (Entered: 11/21/2016) 11/21/2016 NOTICE: of Non Compliance with LR IC 2-2(c) and NOTICE of Docket Correction to 22 Notice of Appearance:
ERROR: Document not filed pursuant to LR IC 2-2(c), wrong event selected by attorney Tenesa S Scaturro.
CORRECTION: Document refiled using correct event as 23 MOTION to Dismiss. Document 22 terminated as filed in error. (no image attached)(RFJ) (Entered: 11/21/2016)
11/22/201626 SUMMONS Returned Executed re 3 Complaint and 4 Summons Issued. Ryan Goida served on 11/14/2016, answer due 12/5/2016. (SLD) (Entered: 11/28/2016) 12/01/201627 CERTIFICATE of Interested Parties filed by State of Nevada. There are no known interested parties other than those participating in the case . (Armstrong, Kathryn) (Entered: 12/01/2016) 12/01/201628 MOTION to Dismiss by Defendant State of Nevada. Responses due by 12/18/2016. Discovery Plan/Scheduling Order due by 1/15/2017. (Armstrong, Kathryn)
NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 12/01/2016)
12/01/201629 MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 28 Motion to Dismiss.
Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. Signed by Judge Kent J. Dawson. (Copies have been distributed pursuant to the NEF - RFJ) (Entered: 12/01/2016)
12/01/201633 RESPONSE to 14 , 16 and 23 Motions to Dismiss; filed by Plaintiff Perla Hernandez. Replies due by 12/11/2016. (SLD) Modified entry to reflect correct docket - entry relationship on 12/7/2016 (RFJ). (Entered: 12/05/2016) 12/02/201634 AMENDED CERTIFICATE OF SERVICE for 33 Response to Motion by Plaintiff Perla Hernandez. (SLD) (Entered: 12/05/2016) 12/05/201630 ERROR: Document not filed pursuant to LR IC 2-2(c) by attorney. CORRECTION: Attorney advised to refile documents using the correct event. Document terminated as filed in error.
NON-OPPOSITION to 16 Motion to Dismiss; filed by Defendant Stonecrest Acquisitions, LLC. (Kerr, Preston) Modified on 12/5/2016 (RFJ). (Entered: 12/05/2016)
12/05/2016 31 NOTICE: of Non Compliance with LR IC 2-2(c) and Attorney Action Required to 30 Non-Opposition:
ERROR: Wrong event selected, by attorney Preston S Kerr
The NON OPPOSITION event is to be used ONLY by the responding party to indicate there is no opposition to a particular motion.
CORRECTION: Attorney advised to refile document 30 using the correct event NOTICE found under the Notices category adding the language to read Notice of Non Opposition and properly link newly filed Notice to the appropriate Motion pursuant to LR IC 2-2(d). (no image attached)(RFJ) (Entered: 12/05/2016)
12/05/201632 NOTICE of Non-Opposition re: 16 MOTION to Dismiss; filed by Stonecrest Acquisitions, LLC. (Kerr, Preston) Court Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d)on 12/5/2016 (RFJ). (Entered: 12/05/2016) 12/05/2016 SECOND NOTICE of Non COMPLIANCE with Local Rules LR IC 2-2 and Docket Correction to 32 NOTICE of Non-Opposition re: 16 MOTION to Dismiss.
ERROR: Documents should have been properly linked to establish the docket-entry relationship pursuant to LR IC 2-2(d).
CORRECTION: The Court modified the entry to properly establish docket entry relationship. Attorney Preston S Kerr advised in the future to file documents pursuant to LR IC 2-2(d).
Attorney advised that continue failure to file document pursuant to the local rules governing electronic filing may cause a delay in filing documents
No further action is required by attorney regarding document 32 . (no image attached)(RFJ) (Entered: 12/05/2016)
12/06/201635 JOINDER to 16 Motion to Dismiss, ; filed by Defendant Ryan Goida. (Attachments: # 1 Certificate of Service)(Kerr, Preston) (Entered: 12/06/2016) 12/06/201636 CERTIFICATE of Interested Parties filed by Ryan Goida. There are no known interested parties other than those participating in the case . (Kerr, Preston) (Entered: 12/06/2016) 12/12/201637 RESPONSE to 28 Motion to Dismiss filed by Plaintiff Perla Hernandez. Replies due by 12/19/2016. (SLD) (Entered: 12/13/2016) 12/19/201638 REPLY to Response to 28 Motion to Dismiss, filed by Defendant State of Nevada. (Armstrong, Kathryn) (Entered: 12/19/2016) 12/20/201639 SUMMONS Returned Executed re 3 Complaint and 4 Summons Issued. Bank of America, N.A. served on 11/22/2016, answer due 12/13/2016. (SLD) (Entered: 12/23/2016) 12/30/201640 SUMMONS Returned Unexecuted as to Mark Volpe re 3 Complaint and 4 Summons Issued; Unexecuted as to Wanda Brumfield re 3 Complaint and 12 Amended Summons Issued. (SLD) (Entered: 01/04/2017) 12/30/201641 SUMMONS Returned Unexecuted as to K. Alexandra Cavin re 3 Complaint and 4 Summons Issued. (SLD) (Entered: 01/04/2017) 01/05/201742 ORDER. IT IS HEREBY ORDERED that the parties shall file a stipulated Discovery Plan and Scheduling Order not later than January 13, 2017 in compliance with the provisions of LR 26-1 of the Rules of Practice of the United States District Court for the District of Nevada. Signed by Magistrate Judge George Foley, Jr. on 01/05/2017. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 01/06/2017) 01/06/201743 RESPONSE to Reply to 28 Motion to Dismiss filed by Plaintiff Perla Hernandez. (SLD) (Entered: 01/12/2017) 01/13/201744 PROPOSED Discovery Plan/Scheduling Order filed by Defendant State of Nevada . (Armstrong, Kathryn) (Entered: 01/13/2017) 01/13/201745 MOTION to Stay re 23 Motion to Dismiss, by Defendant Bank of America, N.A.. (Scaturro, Tenesa) (Entered: 01/13/2017) 01/13/201746 First STATUS REPORT by Defendant Ryan Goida. (Attachments: # 1 Exhibit Affidavit of Taylor Simpson, Esq)(Kerr, Preston) (Entered: 01/13/2017) 01/17/2017 47 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr., on 1/17/2017. By Deputy Clerk: Allison Reese.
RE: 44 Proposed Discovery Plan/Scheduling Order
Plaintiff shall have until February 1, 2017 to object to Defendants' Proposed Discovery Plan and Scheduling Order. If no objection is received, the Proposed Discovery Plan and Scheduling Order will be entered. (no image attached) (Copies have been distributed pursuant to the NEF - AR) (Entered: 01/17/2017)
01/18/201748 NOTICE of intent to dismiss pursuant to FRCP 4(m). The COMPLAINT in this action was filed on 10/17/2016.
To date no proper proof of service has been filed as to Defendants Mark Volpe, Wanda Brumfield and K. Alexandra Cavin.
FRCP 4(m) dismissal deadline set for 2/17/2017. (Copies have been distributed pursuant to the NEF - RFJ) (Entered: 01/18/2017)
01/23/201749 OBJECTION (Writ of Contempt) to 42 Order filed by Plaintiff Perla Hernandez. (SLD) (Entered: 01/24/2017) 01/24/201750 AMENDED CERTIFICATE OF SERVICE for 49 Objection (Writ of Contempt) by Plaintiff Perla Hernandez. (SLD) (Entered: 01/25/2017) 02/02/201751 ORDER granting 45 Motion to Stay Discovery. Signed by Magistrate Judge George Foley, Jr on 2/2/2017. (Copies have been distributed pursuant to the NEF - JM) (Entered: 02/02/2017) 02/02/201752 ORDER that Defendants' the State of Nevada and Clark County's 44 Proposed Discovery Plan/Scheduling Order is Denied without prejudice. The parties shall file a renewed discovery plan, if necessary, 14 days after the stay of discovery is lifted. Signed by Magistrate Judge George Foley, Jr on 2/2/2017. (Copies have been distributed pursuant to the NEF - SLD) (Entered: 02/03/2017) 02/02/201753 ORDER that Plaintiff's 3 Complaint is DISMISSED with prejudice. All other outstanding motions are DENIED as moot. The Clerk of the Court shall enter JUDGMENT for Defendants and against Plaintiff. Signed by Judge Kent J. Dawson on 2/22/2017. (Copies have been distributed pursuant to the NEF - SLD) (Entered: 02/23/2017) 02/23/201754 CLERK'S JUDGMENT in favor of Defendants and against Plaintiff Perla Hernandez with prejudice. Signed by Clerk of Court Debra K. Kempi on 2/23/2017. (Copies have been distributed pursuant to the NEF - SLD) (Entered: 02/23/2017) 02/27/201755 STRICKEN per 59 Order. (SLD) MOTION for Temporary Restraining Order by Plaintiff Perla Hernandez. (SLD) (Entered: 02/27/2017) 02/27/201756 STRICKEN per [59[ Order. (SLD) MOTION to Cease and Desist by Plaintiff Perla Hernandez. Responses due by 3/13/2017. (SLD) (Entered: 02/27/2017) 02/27/201757 STRICKEN per 59 Order. (SLD) MOTION for Writ of Contempt by Plaintiff Perla Hernandez. (SLD) (Entered: 02/27/2017) 03/21/201758 STRICKEN per 59 Order. (SLD)NOTICE filed by Perla Hernandez. (SLD) (Entered: 03/22/2017) 03/31/201759 ORDER that the Court will accept no further filings in this closed action other than a notice of appeal. All pending motions are Denied. The Clerk of Court is ordered to strike document numbers 55 - 58 . Signed by Judge Kent J. Dawson on 3/31/2017. (Copies have been distributed pursuant to the NEF - SLD) (Entered: 04/03/2017)
Federal court judges, and all judges who are members of the BAR are foreign agents as they have sworn an oath to the crown of England. They are the very definition of traitors. Now, in the cases where the federal judge dismissed a case, it was to interfere with the case on behalf of the bankers who essentially control everything. However, just because a judge submitted an order, does not mean it is a valid order. We have just not had time to overturn the order. That is coming. One thing that you will notice in everyone of these case is the opposition and the judges can never overcome the documents that were submitted in the case. The judge can never prove jurisdiction or authority. They can never prove a verified debt. The absolute best that any judge can do is commit another crime.
So when a judge submits and order claiming "the court finds" or "the court rules" and the judge does not have the authority to make any such order, that is perjury. We now have a signed confession. The judge knowing that the defendants cannot beat the claimants make orders attempting to BAR any other documents being filed in the case, because they know there is no other way to stop the banksters or other defendants from losing their case. We also acknowledge there are probably some flaws in our paperwork that must be overcome to get them to stop ignoring our paperwork. We have discovered some since the cases you mentioned above and continue to learn everyday.
What should be noted in all of these case is any court that uses statutes is an inferior court. These court do not have any authority over living man or woman. They presume that you are dead, or at least your name in all caps is dead. Also, your birth certificate is evidence of the creation of a state agency and the first time you used that birth certificate, you volunteered to be the agent for the agency.
So keep an eye on the thread about re-asserting your sovereign authority.
M. R. Hamilton
