HomeMy WebLinkAbout971845Stephen -Kay: Mavy
General Delivery
Bedford Wyoming (83112)
LINCOLN CIRCUIT COURT
421 Jefferson, Suite 101
Afton, Wyoming 83110
(307)886 -9271
To:
The Clerk of the court
Joshua T. Smith, LINCOLN COUNTY ATTORNEY
At about 4:25 PM, May 20, 2013, I was pulled over by the Sheriff's Deputy, John Starcevich in
Bedford. I was issued three summons', numbered 45106 D, 45107 D, 45108 D, and my means
of travel was impounded.
had my own plates attached to my means of travel. The plates are the flag of Wyoming with
the number 12 to identify Lincoln County, and my initials SKM, also it has UCC 1 -308 on the
plates.
When I signed the three summons', I also wrote UCC 1 -308 on each of them. I was then, and
still am declaring my inalienable rights guaranteed to me by the Constitution of the United
States of America and the Constitution of Wyoming. I am challenging the jurisdiction of the
LINCOLN CIRCUIT COURT.
The court has no jurisdiction for the following reasons.
r f
May 20, 2013
RECEIVED 7/8/2013 at 8:33 AM
RECEIVING 971845
BOOK: 815 PAGE: 101
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
1. I am a natural born man
2. the LINCOLN CIRCUIT COURT is a corporation as is all government today. (reference Title
28 UNITED STATES CODE, SECTION 3002)
3. Clearfield Trust Co. v. United States 318 US 363 371 (1942) aka: The Clearfield Doctrine.
Governments descend to the level of a mere private corporation, and take on the characteristics
of a mere private citizen, where private corporate commercial paper [Federal Reserve Notes]
and securities [checks] is concerned. For purposes of suit, such corporations and individuals are
regarded as entities entirely separate from government As such, government then becomes
bound by the rules and laws that govern private corporations which means that if they intend to
compel an individual to some specific performance based upon its corporate statutes or
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corporation rules, then the government, like any private corporation, must be the holder -in-
due- course of a contract or other commercial agreement between it and the one upon whom
demands for specific performance are made. And further, the government must be willing to
enter the contractor commercial agreement into evidence before trying to get to the court to
enforce its demands, called statutes.
4. The summons' are contracts, UCC 2 -201
5. I have an inalienable right to travel. Driving by definition is hauling freight or passengers for hire
and I do neither. Following are just four cases to reference.
6. CASE #1: "The use of the highway for the purpose of travel and transportation is not a
mere privilege, but a common fundamental right of which the public and individuals
cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.
7. CASE #2: "The right of the citizen to travel upon the public highways and to transport his
property thereon, either by carriage or by automobile, is not a mere privilege which a city
may prohibit or permit at will, but a common law right which he has under the right to
life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.
8. It could not be stated more directly or conclusively that citizens of the states have a
common law right to travel, without approval or restriction (license), and that this right is
protected under the U.S Constitution.
9. CASE #3: "The right to travel is a part of the liberty of which the citizen cannot be
deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US
116, 125.
10. CASE #4: "The right to travel is a well- established common right that does not owe its
existence to the federal government. It is recognized by the courts as a natural right."
Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.
11. Marbury v. Madison: 5 US 137 (1803)
"No provision of the Constitution is designed to be without effect." "Anything that is in conflict
is null and void of law "Clearly, for a secondary law to come in conflict with the supreme law
was illogical, for certainly, the supreme law would prevail over all other laws and certainly our
forefathers had intended that the supreme law would be the bases of all law and for any law to
come in conflict would be null and void of law, it would bare no power to enforce, it would bare
no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality
would date from the enactment of such a law, not from the date so branded in an open court of
law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near
nullity or a fiction of law."
If any statement within any law, which is passed, is unconstitutional, the whole law is
unconstitutional.
12. Murdock V. Penn. 319 US 105: (1943) A state may not impose a charge for the
enjoyment of a right granted by the Federal Constitution and that a fiat license tax here
involves restraints in advance the constitutional liberties of Press and Religion and
inevitably tends to suppress their existence. That the ordinance is not discriminatory
and that it applies also to peddlers of wares and merchandise is immaterial. The liberties
granted by the first amendment are and in a preferred position. Since the privilege in
question is guaranteed by the Federal Constitution and exist independently of the states
authority, the inquiry as to whether the state has given something for which it cannot
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ask a return, is irrelevant. No state may convert any secured liberty into a privilege and
issue a license and a fee for it."
13. Shuttlesworth v. Birmingham AL. 373 US 262 (1962) states that "if the state does convert your
right into a privilege and issue a license and a fee for it, you can ignore the license and a fee and
engage the right with impunity."
14. Owen v. Independence 100 Vol. Supreme Court Reports. 1398: (1982)
Main v. Thiboutot 100 Vol. Supreme Court Reports 2502 (1982)
"The right of action created by statute relating to deprivation under color of law, of a right
secured by the Constitution and the laws of the United States and comes claims which are based
solely on statutory violations of Federal Law and applied to the claim that claimants had been
deprived of their rights, in some capacity, to which they were entitled."
"Officers of the court have no immunity when violating constitutional rights, from liability."
(When any public servant violates your rights they do so at their own peril.)
15. 16 Am Jur 2d., Sec/ 155: If the Constitution prescribes one rule and the statute another in a
different rule, it is the duty of the courts to declare that the Constitution and not the statute
governs in cases before them for judgment.
16. It is impossible for me to get insurance from a corporate insurance co. They require a
driver's license to purchase insurance. Therefore I am exempt.
17. My means of transportation cannot be registered without insurance. Therefore I am
exempt.
Take notice, I rescind any implied contract and retain all of my rights.
further DEMAND that my means of travel be returned immediately, upon receipt of this notice
and all cost and fees be born by the court or by Deputy John Starcevich. Any delay will incur a
daily fee of $1,000 and $150 per hour for my paperwork time, and any other expenses incurred.
Autograph:
Stephen- Kay�M
State of: A- l-(149 11:-6 rLL-
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County oi. it 1 c.
On !1i .2 ?C J personally came before me d being duly sworn, did
state th'.t he is the person described in the above document .nd that h- signed the above document in
my presence and verified that the information contained in the foregoing document is true and correct
on personal knowledge and acknowledged that the document was signed as a free and voluntary act for
the purposes stated.
Notary autograph: 7 1(1
Notary Public
In and for the County of
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SENDER: COMPLETE THIS SECTION
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to;
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2. Article Number
(Transfer from service labe0
PS Form 3811, February 2004
COMPLETE THIS SECTION ON DE
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A.
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Received
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7010 0290 0002 2037 8641
Domestic Return Receipt
D. Is delivery address different from it(
If YES, enter delivery address bek
3. Service Type
Certified Mail
Registered
Insured Mail
c os
Express M
Return Rey
C.O.D.
4. Restricted Delivery? (Extra Fee)
A copy of this form shall be appropriately filled out and attached when Proof of Service or statement of delivery or
mailing is required. Use Part 1 and Part 3 for delivery by mail. Use Part 2 and Part 3 for personal delivery.
„,,S/' Part 1 Delivery by U.S. Mail: Proof of Service by Mail
I declare that I am over the age of eighteen years and not a party to the action. My business address is:
Part 2 Personal Delivery:
I declare that on
executed on
at
(Date)
PROOF OF SERVICE FORM
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I served the attached ri46 no
(D te) (Description of Document)
enclosed in a sealed envelope with postage fully paid in the United States mail, addressed as follows:
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I personally delivered the attached to:
(Date) (Description of Document)
(Name of Recipient)
(Location)
by placing a true copy
Part 3 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was
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