Correspondence with Clerk of SCOTUS 

2022-04-21

28 U.S. Code § 671 – Clerk (a) The Supreme Court may appoint and fix the compensation of a clerk and one or more deputy clerks. The clerk shall be subject to removal by the Court. Deputy clerks shall be subject to removal by the clerk with the approval of the Court or the Chief Justice of the United States.

28 U.S. Code § 2071 Rule-making power generally

(a)   The Supreme Court and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business. Such rules shall be consistent with Acts of Congress . . . https://www.law.cornell.edu/uscode/text/28/2071

 

 

SCOTUS Rules 20.4.b.for writ of Habeas Corpus is inconsistent with federal law

28 U.S. Code 2243.

 

https://www.law.cornell.edu/rules/supct

https://www.law.cornell.edu/uscode/text/28/2241
https://www.law.cornell.edu/uscode/text/28/2242
https://www.law.cornell.edu/uscode/text/28/2243

 

 

 

SCOTUS Rule 20.4.a. A petition seeking a writ of habeas corpus shall comply with the requirements of 28 U. S. C. §§ 2241 and 2242.

 

28 U.S. Code § 2241 (a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions.

 

28 U.S. Code § 2242 If addressed to the Supreme Court, a justice thereof or a circuit judge it . . .

 

28 U.S. Code § 2243 A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.

           

Rule 20.4.b. Habeas corpus proceedings, . . .  are ex parte, unless the Court requires the respondent to show cause why the petition for a writ of habeas corpus should not be granted. 

 

What does “court” mean? In 20.4.b. District Court?

 

Rule 20.4. b. use of the word “court”is inconsistent with federal law when a writ of habeas corpus to SCOTUS is to justice there of

 

             Rule 20 (5) The Clerk will distribute the documents to the Court for its consideration . . .  when a response under subparagraph 4(b) has been ordered and fled, when the time to file has expired, or when the right to file has been expressly waived.

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2022-04-14

 

FCI Three Rivers, mac-A                                                                   2022-04-14

P. O. Box 4200
Three Rivers, TX 78071

 

Scott S. Harris, Clerk
Supreme Court of the United States
One First Street N.E.,
Washington, D.C., 20543

 

Re: SCOTUS Rules And the Law

 

Dear Mr. Harris,

 

This application, petition, for a writ of habeas corpus is not “Addressed” to the Supreme “Court” of the United States. This petition is addressed to a “Justice thereof,” Amy Cony Barrett.

 

Rule 20. 4. (b) Habeas corpus proceedings . . . are ex parte, unless the Court requires the respondent to show cause why the petition for a writ of habeas corpus should not be granted.

 

Rule 20. 4. (a) A petition seeking a writ of habeas corpus shall comply with the requirements of 28 U. S. C. §§ 2241 and 2242 . . .

 

28 U.S.C. § 2241 (a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, . . .

 

28 U.S.C. § 2242 If addressed to the Supreme Court, a justice thereof . . . 

 

28 U.S.C. § 2243 A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.

 

Rule 20. 5. The Clerk will distribute the documents to the Court for its consideration . . .  when a response under subparagraph 4(b) has been ordered and filed . . .



Please transmit this Petition for habeas relief to Justice Amy Cony Barrett.

 

 

Sincerely,
                                /s/
Roberto Villarreal  #59214-179

 

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Correspondence with Clerk of SCOTUS shows the the avoidance of the issue raised.

Ignorance of law or willful avoidance of the complaint of the process the Clerk of SCOTUS uses to deny  Writs of habeas corpus in which SCOTUS has orginal Jursidiction.

 

March 26, 2022

 

Scott S. Harris,
Clerk Supreme Court of the United States
One 1st Street N.E.,
Washington, D.C. 20543

 

Dear Mr. Harris,

         What right do you have to violate SCOTUS rules and distribute an "addtessed" petition for writ of habeas corpus to conference without an order and response?

 

Rule 20. 4. (a) A petition seeking a writ of habeas corpus shall comply with the requirements of 28 U. S. C.  2241and2242. . .

       

         28 U.S.C. E 2241 (a) Writs of habeas corpus may be granted by the Supreme                   Court, any justice thereof, . . .

         28 U.S.C. I 2242 If addressed to the Supreme Court, a justice thereof . . .

 

RuIe 20. 5. The Clerk will distribute the documents to the Court for its consideration . . . when a response under subparagraph 4(b) has been ordered and filed.

 

          You have distributed these two petitions for conference without an order and response as required by Rules 20.5.

 

          Active: Docket No. 21-7410 In re Eduardo Pineda, Addressed to Justice Clarence Thomas. This petition was distributed to conference for Aprll 14, 2022.

 

        Closed: Docket No. 21-715. In re Jody Wafer, Addressed to Chief Justice Roberts The petition was denied 1216121. Petition for rehearing was filed 12/13/202I. Distributed for conference I/7/2O21. Reheariag denied  I /10/2022'

 

         It is up to a justice to deny or grant a petition for writ of habeas corpus, freedom from physical restraint caused by unreasonable laws. Or order the government to respond. Then the petition is distributed to the court. 28 U.S.C. S 2243.

 

         Comply with Court Rules 20 sections 4 and 5.

 

/s/ Michael J Dee

29 Hillcrest Street

Augusta, Maine 04330

207-894-0319

mjdeeour4th@,outlogk.com 

 

 

SUPREME COURT OF THE UNITED STATES

OFFICE OF THE CLERK

WASHINGTON, DC 20543-0001

April 4, 2022

Michael J. Dee

29Hillcrest Street

Augusta, ME 04330

 

Dear Mr. Dee:

 

In reply to your letter or submission, received April 4, 2022,I regret to inform you that the Court is unable to assist you in the matter you present.

 

        Under Article III of the Constitution, the jurisdiction of this Court extends only to the consideration of cases or controversies properly brought before it from lower courts in accordance with federal law and filed pursuant to the Rules of this Court. The Court does not give advice or assistance or answer legal questions on the basis of correspondence.  

 

Your papers are herewith returned.

 


Sincerely,

Scott S. Harris, Clerk

By:

/s/ Claude Alde

 

 (202) 479-3023 

 

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