Habeas Corpus SCOTUS
working on this
SCOTUS' RULES FOR HABEAS CORPUS
INCONSISTENT WITH FEDERAL LAWS
28 U.S. Code § 671 – 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
Writ of Habeas Corpus is the quickest way to determine the constitutionality of a criminal law that put you in federal custody. Being in federal custody is seizure of person and deprivation of liberty, freedom from physical restraint. This is an Article III Case and contoversy.
The rules of the SCOTUS for habeas corpus are inconsistent with federal law, acts of Congress.
The order to respond to a writ of habeas corpus is from a justice of SCOTUS, not this Court
The “court" in 20.4.(b) refers to the district court in 28 U.S.C § 2243.
In a 28 U..S.C. § 2255 motion to Vacate the District court orders a response.
SCOTUS Rules 20.4.(b) for writ of Habeas Corpus is inconsistent with federal law, 28 U..S.C. § 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 . . .
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 (not the justice) requires the respondent to show cause why the petition for a writ of habeas corpus should not be granted.
The word “court” is taken out of context of 28 U.S. Code 2243 in Rule 20.4. (b).
Rule 20.4.(b). use of the word “court” to order a response is inconsistent with federal law when a writ of habeas corpus to SCOTUS is to a justice thereof, not to the whole court 28 U.S. Code 2241.
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.
SCOTUS Rules 1954
https://www.supremecourt.gov/pdfs/rules/rules_1954.pdf
31. PROCEDURE ON APPLICATIONS FOR EXTRAORDINARY WRITS.
1. The petition in any proceeding seeking the issuance of a writ by this court authorized by 28 U. S. C. § 1651 (a) or 28 U. S. C. § 2241 shall be prefaced by a motion for leave to file such petition, and both shall be printed. All contentions in support of the petition shall be included in the petition. The case will be placed upon the miscellaneous docket when forty copies of the printed
5. If the petition seeks issuance of an original writ of habeas corpus, it shall comply with the requirements of 28 U. S. c. § 2242, and in particular with the last paragraph thereof; . . . Proceedings under this paragraph will be ex parte, unless the court requires the respondent to show cause why leave to file the petition for a writ of habeas corpus should not be granted
https://www.supremecourt.gov/ctrules/2019RulesoftheCourt.pdf
East side of U.S. Supreme Court.
JUSTICE THE GUARDIAN OF LIBERTY
"Fouled Up Beyond Any Recognition"
(FUBAR)
Two case addressed to a justice there of.
Docket # 21-7410
Docket # 21-715
Whether being incarcerated is a substantial denial of liberty.
SCOTUS
PETITION FOR
WRIT OF HABEAS CORPUS ADDRESSED TO JUSTICE CLARENCE THOMAS
28 U.S. Code 2241
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21-7410.html
Docket # 21-7410
on 3/17/2022
Without a response ordered by a justice there of, the petition was wrongly distributed to conference for April 14, 2022, Rule 20.5.Letter below.
It will be denied.
The clerk has denied equal protection of law thereby due process of law.
LETTER WITH THE FILING TO THE CLERK OF COURT
https://www.supremecourt.gov/ctrules/2019RulesoftheCourt.pdf
Date:03/09/2021
FCI Beaumont Low
P.0. Box 26020
Beaumont, TX 77720
Scott S. Harris, Clerk
Supreme Court of the United States
One First Street N.E.,
Washington, D.C., 20543
Re: Doc. Habeas Corpus Rule 20 section 4 and 5.
Dear Mr. Harris,
Enclosed is a petition for extraordinary writ of habeas corpus addressed to Justice Clarence Thomas. By federal law, a writ of habeas corpus to the Supreme Court is to any Justice thereof. It is not to be distributed for the courts consideration until a response is filed. This can’t be done unless a justice orders a response. And a justice can’t order a response unless the Clerk transmit the Petition for writ of habeas corpus to the Justice it is addressed to.
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 . . .
It is for Justice Thomas to grant or deny the writ, or order a response to the writ as required by 28 USC § 2243. Rule 20. 4. (b)
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. 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. 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 . . .
I trust you will comply with the law and court rules and transmit this petition for writ of habeas corpus to Justice Thomas.
Sincerely,
/s/Eduardo Pineda, pro se
https://www.supremecourt.gov/ctrules/2019RulesoftheCourt.pdf
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
SCOTUS WRIT OF HABEAS CORPUS ADDRESSED TO
CHIEF JUSTICE ROBERTS
https://www.supremecourt.gov/Search.aspx?FileName=/docket/docketfiles/html/public\21-715.html
In the Supreme Court of the United States
Constitutionality of Criminal Laws
Petitions for an Extraordinary Writ of Habeas Corpus
Doc #'s 21-715
Conference 12/3/2021.
Decision December 6, 2021 Denied
Petition for Rehearing 12/13/2021
Conference 01/7/2022 DENIED
Letter of complaint to Chief Justice Roberts
Clerk of court failed to comply with Court rules.
https://www.supremecourt.gov/ctrules/2019RulesoftheCourt.pdf
USPS Certified Mail 70191640000067379602
Delivered 01/03/2022 to SCOTUS
12/27/2021
Hon. John G. Roberts,
Chief Justice of the United States
One First Street N.E.,
Washington, D.C., 20543
RE: Rules 20. 4 (a)(b), 5. Docket No. 21-715.
Dear Chief Justice Roberts,
The Clerk of SCOTUS, Scott S. Harris, needs this Court’s supervisory power. The Clerk’s office has violated the rules of this Court. The distribution of petitions for writ of habeas Corpus for the court’s conference has been without a response.
The Clerk failed to transmit Wafer’s petition for extraordinary writ of habeas corpus addressed to you. Docket No. 21-715. The Clerk distributed this petition for conference without an order and response as required by Rules 20. 5. The petition was denied 12/6/21. Petition for rehearing was filed 12/13/2021. Distributed for conference 1/7/2021.
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 . . .
A petition for extraordinary writ of habeas corpus is addressed to any Justice of SCOTUS. 28 U.S.C. § § 2241, 2242. It is not to be distributed for conference without an order and a response. This only can be done when the Clerk of court transmits the petition for habeas corpus to you first.
It is up to you to deny or grant this 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. § 2243. (See petition for rehearing).
Order the Clerk of Court to comply with the rules of this court and transmit the petition for writ of habeas corpus and petition for rehearing, Doc No. 21-715, addressed to you, Chief Justice John Roberts, for review and determination. Is being incarcerated a substantial denial of a constitutional right of liberty?
Respectfully requested,
Michael J. Dee
29 Hillcrest Street
Augusta, Maine 04330
207-894-0319
mjdeeour4th@outlook.com
QUESTION PRESENTED
I. QUESTION PRESENTED
Jody Tremayne Wafer petitions for writ of habeas corpus from Chief Justice John Roberts of the Supreme Court of the United States inquiring into the reasonableness, the validity of criminal laws that caused Petitioner’s confinement. “The writ of habeas corpus ... is the liberation of those who may be imprisoned without sufficient cause.” Ex Parte Watkins, 28 U.S. 193, 202 (1830) Chief Justice Marshall
1. Is being incarcerated a substantial denial of Petitioner’s constitutional right of liberty, without “sufficient cause,” without compelling reasons for the United States Congress to proscribe marijuana as a dangerous substance, (a drug crime), therefore without due process of law in violation of Amendments IV and V of the Constitution of the United States and unconstitutional?
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