SUPREME COURT OF THE STATE
OF LOUISIANA
*****************
No. 2007 – KH -
0131
*****************
STATE OF LOUISIANA
VS
MICHAEL E. DI ROSA
DEMAND FOR SUMMARY
JUDGEMENT
AND
WRIT OF MANDAMUS
Comes
now into Court, Michael E. DiRosa, a Citizen of the State of
Louisiana, to DEMAND that the Supreme Court of the State of Louisiana
do its duty and obligation and summarily rule that Article VII
Section 5 of the Louisiana State Constitution entitled “Motor
Vehicle License Tax” is unconstitutional.
Thrice
this Citizen of the State has motioned for summary judgment.
OBJECTION TO THE TRANSFER OF JURISDICTION FROM THE SUPREME COURT OF
THE STATE OF LOUISIANA TO THE UNITED STATES COURT OF APPEAL, FIFTH
CIRCUIT AND MOTION FOR SUMMARY JUDGMENT. Mailed March 12, 2007.
OBJECTION TO THE RULING ENTITLED “APPLICATION FOR WRITS NO.
'07-KH-154 COURT OF APPEAL, FIFTH CIRCUIT STATE OF LOUISIANA.”
AND MOTION FOR WRIT OF MANDAMUS AND MOTION FOR SUMMARY JUDGMENt.
Mailed March 15, 2007.
OBJECTION TO THE RETURN OF LEGALLY FILED DOCUMENTS AND ADJUDGMENTS
BY THE CENTRAL STAFF OF THE SUPREME COURT OF THE STATE OF LOUISIANA
AND WRIT OF MANDAMUS AND MOTION FOR SUMMARY JUDGMENT Mailed March
26, 2007.
To date
all have remained silent. To date there has been no objection to the
motions for summary judgment. As of the 13th day of
April, 2007, it has been thirty two (32) days since the mailing of
the first motion for summary judgment, it has been twenty nine (29)
days since the mailing of the second motion for summary judgment, it
has been eighteen (18) days since the mailing of the third motion for
summary judgment. All return receipts have been received for all
parties for all three motions for summary judgment.
There
can be no doubt that Article VII Section 5 of the Louisiana State
Constitution entitled “Motor Vehicle License Tax” is
unconstitutional for the reasons delineated in the original appeal
and every objection and motion for summary judgment filed in this
Court. What possible justification can there be for such a clearly
indefensible act? What could our Legislature have been thinking?
The
Governor of the State of Louisiana, Kathleen Babineaux Blanco has
received all motions for summary judgment and has made no effort to
defend the indefensible.
The
Attorney General, Charles C. Foti, Jr. has received all motions for
summary judgment and has made no effort to defend the indefensible.
Richard
L. Stalder Secretary of the Department of Public Safety and
Corrections has received all motions for summary judgment and has
made no effort to defend the indefensible.
District
attorney Rebecca M. Oliver has received all motions for summary
judgment and has made no effort to defend the indefensible.
There
has been ample time for the Compaintant, the Department of Public
Safety and Corrections, as overseer of the State's plantation, to
object to summary judgment. There has been ample time for the
attorney Rebecca M. Oliver, representing the plaintiff to object to
summary judgment. There has been ample time for Kathleen Babineaux
Blanco the Governor of the State of Louisiana to become a party to
this action and object to summary judgment. There has been ample
time for Charles C. Foti, Jr. the Attorney General of the State of
Louisiana to become a party to this action and object to summary
judgment. Yet all have remained silent.
Surely
proof of the validity of the lien that the Department of Public
Safety and Corrections, as overseer of the State's plantation, does
continue, to this day, to enforce should come right to mind for the
people enforcing the lien. It is their cause of action.
One need
not wonder what would have happened to this Citizen if he had so
blatantly ignored three motions for summary judgment. The Court
would have declared his position abandoned. I am demanding equal
protection under the law. The complaintant, the body corporate known
as the Department of Public Safety and Corrections, as overseer of
the State's plantation, has no defense for its actions, and has
abandoned its claim of a valid lien.
What
defense can there possibly be? The proof is clear. The Legislature
has stolen the right to travel from its Citizens and has replaced it
with slavery and instituted an overseer, complete with a private
militia, known as the State Police, to enforce the slavery of its
Citizens.
There
can be no doubt that the State of Louisiana has never been a party in
this action, as their silence proves.
There
can be no doubt that Michael E. DiRosa is the allodial owner of the
vehicle, traveling as a matter of right. The State of Louisiana has
never been a party in this action. The vehicle and the property
contained therein has been illegally taken from him by the
Department of Public Safety and Corrections, as overseer of the
State's plantation, enforcing an illegal lien. This State Citizen
does move this court to order the Department of Public Safety and
Corrections, a body corporate, to return to Michael E. DiRosa his
personal vehicle and the property contained therein at their expense.
This
Citizen does, again, notice all parties that he is still a prisoner
in this walking distance prison. Hurricane season is upon us. This
Citizen has already lost his liberty and property, is he to loose his
life too? My emergency evacuation vehicle has been illegally taken
and is being held for ransom. The ransom being the surrender of my
freedom and compulsion into service for a term of years and theft of
my time and money. I have been threatened with jail if I am caught
using a emergency evacuation vehicle. Our levies are in questionable
condition with the evacuation of the City almost inevitable. I am in
fear of the loss of my life. Must I wait on some rooftop for a slave
/ bond servant escort to save me from this prison? MY VERY LIFE IS
AT STAKE.
Let me
remind all noticed of Rule VI Section 4 of the Rules of Supreme Court
of Louisiana, Part A. Practice and Procedure which states:
“A
special assignment for argument may be given by the court in any case
where the state or any subdivision thereof is a party, or in a matter
impressed with the public interest, or in one in which the court,
upon the showing made, believes that the ends of justice require an
immediate hearing. “ Rule VI Section 4 of the Rules of Supreme
Court of Louisiana, Part A. Practice and Procedure.
Does a
challenge to the Louisiana State Constitution, the enslavement of the
Citizens of the State of Louisiana, the loss of the right to travel
and the unalienable right to pursuit of happiness, a challenge to the
validity of the lien claimed by the State, the challenge to the
creation of an overseer of the State's plantation, the illegal
prosecution of its Citizens and the theft of their time, property and
incarceration of Citizens by the overseer fail to fit Rule VI Section
4? Yet, no action has been taken, nor record called.
Considering
the above, this State Citizen does move this Court to prompt action
as is their duty and obligation. Summary judgment is DEMANDED as all
opposing parties have abandoned their position.
I do
hereby swear that the above is true and correct to the best of my
knowledge.
This 13th
day of April, 2007
_________________________________
Michael E. DiRosa
C/O
318 Lakeshore Pkwy.
New
Orleans, Louisiana 70124
XXX – XXX – XXXX
ORDER
It is
hereby ordered that Article VII Section 5 of the Louisiana State
Constitution entitled “Motor Vehicle License Tax” is
unconstitutional. Michael E. DiRosa is the allodial owner of the
vehicle taken by the body corporate known as the Department of Public
Safety and Corrections.
Decreed
this _______________ day of _______________________, 2007
_______________________________
JUDGE
ORDER
It is
hereby ordered that the corporate body known as the Department of
Public Safety and Corrections do return to Michael E. DiRosa the
contested vehicle, and the personal property contained therein, and
that such vehicle, and the personal property contained therein, be
transported to a place of Mr. DiRosa's choosing, not to exceed
twenty-five miles from D.C. Towing the last known location of the
vehicle and personal property, at their expense. It is further
ordered that the corporate body known as the Department of Public
Safety and Corrections do, at their expense, return to its rightful
owner all vehicles and property taken while enforcing an invalid
lien.
this
______________ day of _______________________, 2007,
_____________________________________
JUDGE
CERTIFICATE OF SERVICE
I do certify that I have, either with bond servant /
slave escort or by open defiance of the tyrant and overseer of the
State's plantation and use of my self propelled motor vehicle known
as a bicycle, made my way to the United States Postal Authority where
I did place into their custody a certified letter, return receipt
requested to each of the people listed below containing this
document.
This 13th day of April, 2007
Supreme
Court, State of Louisiana
Clerk of
Court
400 Royal
Street, suite 4200
New
Orleans, LA 70130-8102
Kathleen
Babineaux Blanco
P.O. Box
94004
Baton
Rouge, LA 70804-9004
Charles
C. Foti, Jr.
P.O. Box
94005
Baton Rouge, LA 70804
Richard
L. Stalder Secretary
Department
of Public Safety and Corrections
P.O. Box
66614
Baton
Rouge, LA 70896-6614
Rebecca
M. Oliver
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
Joseph
Responti
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
Lenny
Levinson
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
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