Opinion
C.A. No. N18M-02-254 CEB
08-06-2018
Eric Bernard Simmons, v. Kolawoli Akinbayo, Warden, H.R.Y.C.I
ORDER
Eric Bernard Simmons was sentenced by the Court to a term of years in prison, following which he will be released to a detainer lodged by the State of Iowa where it is presumed he will serve another term of years. The Delaware sentencing occurred in September of 2017, and it appears that he will be in Delaware prisons until about 2024 before he is sent off to Iowa.
In February of 2018, Mr. Simmons filed a handwritten Petition for a Writ of Habeas Corpus. In his Petition, Mr. Simmons argued that the Court "did not have in rem or quasi in rem jurisdiction over Trust res, nor personal jurisdiction over subject matter jurisdiction over Foreign Trust." A cursory examination of the criminal docket revealed that, whatever else he was arguing about, Mr. Simmons was properly and lawfully detained in a Delaware prison and the Habeas Petition was promptly dismissed.
Then, in June of 2018, Mr. Simmons filed a document titled "Petition for the Redress of Grievances in the Nature of a Private International Administrative Remedy." It is addressed to the Superior Court of Delaware, specifically to the attention of President Judge Jurden.
The document filed is a string of words and phrases with catchy legal connotations—such as "proof of claim" and "conditional acceptance for value"—but it is otherwise gibberish. There is no pleading standard with which the Court is familiar that would require the Court to spend a day or two ruminating over whatever it is this "Petition" might be getting at. But because it was accepted by the Clerk and docketed under the same case number as the Habeas Petition, it is now on the Court's internal docketing clock and requires a ruling.
The Petition is summarily DISMISSED.
IT IS SO ORDERED.
8-6-18
Date
/s/_________
Judge Charles E. Butler Certified Mail Number:__________
PETITION FOR THE REDRESS OF GRIEVANCES
In the Nature of A
PRIVATE INTERNATIONAL ADMINISTRATIVE REMEDY
To:
THE SUPERIOR COURT OF DELAWARE
Attn: President Judge Jan Jurden
500 N. King St. Suite 500
Wilmington, Delaware 19801 From:
Eric-Bernard: Simmons
1301 E 12th Street
Wilmington, Delaware [19801]
FINAL NOTICE OF DEFAULT RES JUDICATA
Declarant Eric-Bernard: Simmons, hereinafter known as "Declarant", or "Petitioner" states that he is competent to be a witness, that the Facts contained herein are True, Correct, Complete, and not misleading to the best of his firsthand knowledge and belief, under the penalties of perjury pursuant to the Laws of the De Jure United States of America.
STATEMENT OF FACT
A.) Respondent, in Respondent's Official Capacity as Chief Judge of the SUPERIOR COURT OF DELAWARE, was sent via Certified Mail Article Number:__________, a PETITION FOR REDRESS OF GRIEVANCES in the nature of CONDITIONAL ACCEPTANCE FOR VALUE, hereinafter CAFV, that granted Respondent Thirty days in which to respond to the Proofs of Claim contained therein. B.) Petitioner received no response to the CAFV from Respondent and therefore, issued a NOTICE OF DEFAULT AND OPPORTUNITY TO CURE/CONTEST ACCEPTANCE, via Certified Mail Article Number:__________, which granted an additional three (3) days to Respondent to cure the above. C.) Again the Petitioner received no response from Respondent regarding the Opportunity to Contest His Acceptance, Admission of All Facts, and Full Agreement to all the "TERMS" contained within the CAFV, therefore the Petitioner issued the Respondent via Certified Mail Article Number:__________, a FINAL NOTICE OF DEFAULT/RES JUDICATA, declaring that via Respondents silent Acquiescence, the entire matter was now STARE DECISIS. D.) Noticewas provided to the Respondent within the CAFV that if he believed the CAFV raised questions of possible criminal activity involved in/under Civil Docket Number: [1504013680]. (hereinafter CAN), as to the question of venue, jurisdiction, mis-application of statutes, laws, codes, and regulations that resulted in the unlawful conviction, of the Petitioner, that the Respondent was boud by the laws of the United States of America, the State of Delaware, and Respondents oath, as the Chief Judge of the SUPERIOR COURT OF DELAWARE, to execute an investigation into said possible criminal activity, and to provide proof of the Petitioner that an investigation had been initiated. E.) The Respondent failed to provide any evidence of an Investigation being initiated, regarding any possible criminal activity under CAN. F.) As an operation of Law, the Respondent is now in DEFAULT, admits total acceptance, and Full Agreement to all of the facts contained within the CAFV via Respondents silent acquiescence. The CAFV is now STARE DECISIS and may NOT be controverted in any future administrative, civil, judicial, or commercial process, and the following statements are "Admission of the Facts" contained within the CAFV, and is now the "TESTIMONY" of Respondent, Chief Judge of the SUPERIOR COURT OF DELAWARE. Therefore, Respondent hereby admits: 1) That the "CORPORATE" constitution of the UNITED STATES, and THE STATE OF DELAWARE do not operate on the Declarant. 2) That the Declarant is not a "PARTY TO" Named therein or a Signatory to the "SOCIAL COMPACTS" known as THE UNITED STATES, and THE STATE OF DELAWARE Constitutions. 3) That the Declarant is not "NAMED THEREIN" and of THE STATE OF DELAWARE Statutes, Laws, Codes, and the like. 4) That THE UNITED STATES, and THE STATE OF DELAWARE'S Corporate Statutes, Laws, Codes, and the like, do not operate up the Declarant. 5) That the Declarant does not have any "LIABILITY" to any Statutes, Laws, Codes, and the like, of the Corporate Governments of THE UNITED STATES, and THE STATE OF DELAWARE. 6) That the Declarant is not a Party to, named therein, or a Signatory to any Valid/Lawful Contract or Agreement with the Federal Corporate Government or any of it's sub-agencies/Corporations, i.e. THE STATE OF DELAWARE. 7) That Corporations (Artificial Entities, Ens Legis, Constructs of Law) such as the IRS, THE UNITED STATES, and THE STATE OF DELAWARE, cannot attain parity with the Declarant who is a sentient living, breathing, flesh-and-blood man. 8) That the Declarant is not, nor could be, a resident of a corporate fiction, such as the Corporation known as THE UNITED STATES, and THE STATE OF DELAWARE, as they have no true sustenance not tangible existence on which one could reside, not is Declarant in a contract that binds him thereto. 9) That there is no clause within the Constitution of the CORPORATE STATE OF DELAWARE, or THE UNITED STATES CORPORATION that can subject a Private Man or Woman (Soverigns, that retain their Jurisdiction and Venue within themselves) to the Jurisdiction of any of their Corporate Statutes. 10) That THE UNITED STATES FEDERAL and THE STATE OF DELAWARE Corporations, along with all of it's Corporate Sub-Divisions, are actually operating under a National Bankruptcy that was declared in 1933. 11) That the Governors of the 50 STATES pledged faith and credit of the American People as Sureties, by demanding that every American register their birth, thereby creating Corporations bearing their names in all capital letters, which turned every American flesh-and-blood man and woman into Sureties/Accommodation Parties for those Corporate Entities. 12) That the "CHARGE(S)" in CAN were laid upon the "CORPORATE FICTION", i.e. ERIC BERNARD SIMMONS, and not upon the flesh-and-blood man, known by the distinctive appellation of Eric-Bernard: Simmons, and that the liability was due imposed upon the -flesh-and-blood man Eric-Bernard: Simmons without existence of a contract/agreement that would make Him the Surety or an Accommodation Party for the "CORPORATE FICTION", therefore, fraud was committed by the Chief Judge under CAN. 13) That the Chief Judge under CAN
a. "KNEW" that they were acting beyond their Corporate Charter, and "DID NOT" have the Authority to violate any of the Good Faith,14) That the Judgement for CAN, was in fact "COMMERCIAL PAPER" that was deposited into a bank and/or converted into a depositable item for the commercial benefit of the President Judge Jan Jurden, Court, COUNTY, THE STATE OF DELAWARE, THE UNITED STATES, and/or the World Bank. 15) That due to the numerous violations of the IRS that any Jurisdiction, Authority, Decrees, Orders, Judgements, etc. under CAN, are now rendered completely VOID. 16) That the Declarant Eric-Bernard: Simmons, flesh-and-blood man, holds the only "SUPERIOR CLAIM" over the Ens Legis, Straw Man, Debtor, ERIC BERNARD SIMMONS, as indexed/recorded under state seal with the NEW YORK SECRETARY OF STATE, UCC DIVISION, Filing Number: 2010-034-0130-0, thereby securing all the Debtors property. [Currently held in trust]. 17) That the Chief Judge under CAN "COMMITTED" Constitutional Impermissible Mis-Application of Statutes, Laws, Codes, and the like, against the Declarant Eric-Bernard: Simmons, the living breathing, flesh-and-blood man. 54) That the Undersigned's signature is the 'exemption' which carries the value upon 'acceptance for value' of any tax presentment/liability to cause the 'exchange', 'set-off', or otherwise to discharge any said tax liability. 55) That, in light of the National Emergency (Senate report 93-549) and the U.S. Bankruptcy (by numerous Executive Orders as codified at -12 U.S.C.A. 95a) that the Undersigned can discharge the fine, fee, 'tax liability' or debt via the remedy provided by Congress via HJR-192, by and through acceptance for value, for the benefit of the Republic, as the unauthorized representative of the Undersigned's Corporate Debtor (Ens Legis) as identified on the IMF file, Tax presentments and UCC filings with Bill of Exchange or other appropriate commercial paper or through/by my permission. 56) That the Judgement of Sentence rendered under CAN was "VOID" from its inception and that the Declarant should be immediately released of all implications, and may proceed with applicable remedy of choice, and that the Declarant is due Restitution for the years of lost wages, damages, and injuries caused by the underlying Fraud of the Unlawful Judgement rendered by the SUPERIOR COURT in/for New Castle County.
b. were in fact enforcing the National Bankruptcy Emergency Contrivances by bringing Fraudulent Charge(s) upon, and then Unlawfully Incapacitating the Declarant.
INQUIRIES/PROOF OF CLAIM
A copy of the CONDITIONAL ACCEPTANCE FOR VALUE/PROOFS OF CLAIM, NOTICE OF DEFAULT & OPPORTUNITY TO CURE, is attached hereto, containing the complete list of inquiries/proofs of claim submitted to Respondent, Chief Judge of THE SUPERIOR COURT OF DELAWARE, and the evidence of the Declarant exhausting of his Administrative Process.
ACKNOWLEDGEMENT
In Compliance with Title 28. U.S.C.A. Section 1746(1), and executed WITHOUT THE UNITED STATES, I affirm under the penalties of perjury, and the laws of De Jure United States of America, that the foregoing is True, Correct, and Complete to the best of My Belief, and Informed Knowledge. And Further the Deponent Saith Not. I now affix My Signature and Official Seal to all of the above Administrative Judgements with EXPLICIT RESERVATION OF ALL MY UNALIENABLE RIGHTS, WITHOUT PREJUDICE TO ANY OF THOSE RIGHTS, in compliance with UCC 1-308: /s/_________ Eric-Bernard: Simmons
Secured Party Creditor
Authorized Representative For And On Behalf of
ERIC BERNARD SIMMONS
Without Prejudice - UCC 1-308
/s/_________5/24/18