From: A...
To: bill payne
Sent: Wednesday, September 05, 2007 5:15 PM
Subject: RE: What's your next move

Good luck, I hope you encounter someone honest enough to do the right thing.

We're in big trouble if the US attacks Iran. I wish I could say the authorities would never do something so stupid, but that would be putting too much faith in the existence of intelligent life within leadership circles.

I think positions of authority may require about 100 IQ brain power dump.

A....

Thursday September 6, 2007 06:03

Certified return receipt requested

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan3

Col. Terrence A. Feehan, Commander
Nuclear Weapons Center
2000 Wyoming Bvld SE
KAFB, NM 87117

Dear Col. Feehan:

Judge M Christina Armijo committed two Title 18 felony violations of law in writing is court record in 97 cv 266.

You are assigned the task of seeing that the Armijo criminal complaint is properly processed as authorized under Title 18 § 4.

Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

You are the nearest military authority.

06/12/2007 85 STRICKEN from the record pursuant to 100 Order - REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) Modified docket text on 8/28/2007 (ln). (Entered: 06/12/2007)

08/27/2007 100 ORDER by Judge M. Christina Armijo Adopting Report and Recommendations, Striking Pleadings, and Imposing Sanctions 95 (jab) (Entered: 08/27/2007)

IT IS FURTHER ORDERED that the Clerk of Court will accept no further filings from Plaintiffs in this case, save for a notice of appeal, other than the payments ordered above.

Docket entry 85 "REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) (Entered: 06/12/2007)" in section 15 contains the criminal complaint affidavit

is now you responsiblity to see that it is properly processed, investigated, and disposed of.

We speculate this

Failure to not do your job is, of course, a violation of your oath of office as an Air Force officer.

We ask that you send us the address and phone number of your commanding officer General Grabreski at Wright Patterson AFB.

We ask that you respond to us in writing by Wednesday September 12, 2007.

Sincerely,


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net


Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net

distribution

U.S. House of Representative Committee on the Judiciary
United States Senate Committee on the Judiciary

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan2

Let's see what Feehan and the Air Force does.

Mental health, competency, and educational issues should be of concern to the opposition.

Looks like a rather large group of mentally ill have gotten together ... led, of course, by James Gosler.

On information and belief the INTEL which resulted in the below paragraph

Failed Nojeh Coup In July 1980, the U.S. national security adviser Zbigniew Brzezinski met Jordan's King Hussein in Amman to discuss detailed plans for Saddam Hussein to sponsor a coup in Iran against Khomeini. King Hussein was Saddam's closest confidant in the Arab world, and served as an intermediary during the planning. The Iraqi invasion of Iran would be launched under the pretext of a call for aid from Iranian loyalist officers plotting their own uprising on July 9, 1980 (codenamed Nojeh, after Shahrokhi/Nojeh air base in Hamedan). The Iranian officers were organized by Shapour Bakhtiar, who had fled to France when Khomeini seized power, but was operating from Baghdad and Sulimaniyah at the time of Brzezinski's meeting with Hussein. However, Khomeini learned of the Nojeh Coup plan from Soviet agents in France, Pakistan, and Latin America. Shortly after Brzezinski's meeting with Hussein, the President of Iran, Abolhassan Bani-Sadr quietly rounded up six hundred officers and executed many of them, putting an effective end to the Nojeh Coup [2]. Saddam would decide to invade without the Iranian officer's assistance, beginning the Iran-Iraq war on 22 September 1980.

was collected by Persian intelligence.

Claiming that Brzezinski is innocent may not be a good idea.

Wednesday August 8, 2007 10:15

Certified return receipt requested

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan2

Col. Terrence A. Feehan, Commander
Nuclear Weapons Center
2000 Wyoming Bvld SE
KAFB, NM 87117

Dear Col. Feehan:

New Mexico chief magistrate judge Lorenzo Garcia appears to have committed another Title 18 felony violation of law in writing in court records in a REPORT AND RECOMMENDATIONS FOR SANCTION AND STRIKING OF DOCUMENTS file stamped July 31, 2007. See docket entry 95.

In addition, Garcia falsely accuses us of

The Court’s Order to Show Cause required a written response and supporting affidavits no later than July 25, 2007. Neither Payne nor Morales complied with the Court’s directive. Neither filed a response to the Order to Show Cause, nor did they offer any rationale why the pleadings should not be stricken or denied, or why they should not be sanctioned for their abusive litigation practices. Neither Plaintiff sought any extension of time within which to comply with the Court’s order.

because docket entry numbers 93 and 94 show that we responded on time.

Garcia violated due process by not allowing judge M Christina Armijo to rule on our MOTION TO VOID ORDER OF REFERENCE FOR LACK OF JURISDICTION and accompanying MANDATORY JUDICIAL NOTICE AND AUTHORITIES TO VOID ORDER OF REFERENCE FOR LACK OF JURISDICTION which was a response to Garcia and mailed on 07/25/2007 03:43:28 PM in compliance with Rule 5(b)(2)(B).

We enclose a hardcopy of Garcia's REPORT AND RECOMMENDATION for Sanctions and Striking of Documents.

Electronic copies are posted at http://www.prosefights.org/nmlegal/nsalawsuit/nsalawsuit.htm#garciasanctions and in pdf at http://www.prosefights.org/nmlegal/nsalawsuit/pacerdockeaugust62007/garciathreats.pdf

Garcia's report was written as a result of a Order of Reference written by judge M Christina Armijo.

Armijo wrote

Judge Garcia shall issue his Report and Recommendation to the Court in accord with the requirements of 28 U.S.C. § 636(b)(1).

28 U.S.C. § 636(b)(1) states

§ 636. Jurisdiction, powers, and temporary assignment

(b)

(1) Notwithstanding any provision of law to the contrary—

(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.

(B) a judge may also designate a magistrate judge to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial [1] relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement.

This is not a "pretrial matter pending before the court" and therefore judges Armijo and Garcia have demonstrated, in writing, inability of a judge to proceed under Rule 63, Rule 53 and, consequently, 28 U.S.C. § 455.

Futhermore, from our July 24, 2007 14:02 criminal complaint affidavit sent to you, you must realize that the judges mentioned by Garcia have systematically denied us our right to trial by jury guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38. So we have been forced to seek justice in several other courts including different states.

The criminal complaint affidavit we sent was received by your office on 8:43 AM on August 1, 2007.

The criminal complaint affidavit, with all evidence of guilt of accused in writing in court records, names, among other judges Wyoming chief judge Downes, and New Mexico judges Conway, Garcia, Scott, and Brown.

Garcia attempts to use rulings by Wyoming chief judge Downes, and New Mexico judges Conway, Scott, and Brown to justify imposition of $10,000 sanctions against us.

But let's focus on the Title 18 felony violation of law Garcia committed in writing and take appropriate actions.

Garcia writes on page 12 of docket entry 95

The Court recommends that Plaintiffs’ pleadings 81, 82, 84, 85, 91, 93 and 94 be stricken, and that Payne be personally sanctioned in the amount of $10,000, and that Morales be sanctioned in the amount of $10,000.

Docket entry 85 "REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) (Entered: 06/12/2007)" in section 15 contains the criminal complaint affidavit

placed before the court.

The criminal complaint against Zibigniew Brzezinski should be properly investigated and disposed of by judge M Christina Armijo.

Garcia by recommending that docket entry 85, and others, be stricken has violated, in writing in a court record, § 1510. Obstruction of criminal investigations

(a) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.

[w]ith intent to obstruct a judicial proceeding, ...

Element of bribery

Title 18 § 203

(a) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly—

(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another— ...

(B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States,

in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer, or any civil, military, or naval commission; or or employee; shall be subject to the penalties set forth in section 216 of this title. ...

is shown because Garcia is not acting "as provided by law for the proper discharge of official duties" and "[r]eceives, accepts, or agrees to receive or accept any compensation ...", which is Garcia's federal salary.

Failure to bring Brzezinski to justice casts a dark shadow of corruption on judicial and government branches.

Further, a failure to bring Brzezinski, and others, to justice may be an invitation for retaliation by those aggrieved by what Brzezinski and others have done.

Therefore, if judge the judge replacing Armijo does not grant requested relief in 97-cv-00266-MCA-LFG and properly begin processing the Brzezinski criminal complaint by August 24, 2007, then you are assigned the task of seeing that the Brzezinski and Garcia criminal complaints are properly processed as authorized under Title 18 § 4.

Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. You are the nearest military authority.

These unfortunate matter should have been settled years ago and are likely to become far more serious if not settled soon.

Sincerely,


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net


Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net

distribution

Judge M Christina Armijo
mcaproposedtext@nmcourt.fed.us

U.S. House of Representative Committee on the Judiciary
United States Senate Committee on the Judiciary

Armijo and Garcia apparently did not read, "a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court. ..." So what is this all about?

Look what Armijo wrote!

The Queeg balls [Captain Queeg removes the steel balls from his pocket and he spins them in his palm insistently as he speaks] are clicking again.

But Armijo and Garcia are doing it to themselves all in writing in court records.

(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

(b)

(1) Notwithstanding any provision of law to the contrary—

(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.

(B) a judge may also designate a magistrate judge to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial [1] relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement.

(C) the magistrate judge shall file his proposed findings and recommendations under subparagraph (B) with the court and a copy shall forthwith be mailed to all parties.

(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another— ...

(B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States,

Label/Receipt Number: 7006 2760 0005 0089 3982
Status: Delivered
Your item was delivered at 8:43 AM on August 1, 2007 in KIRTLAND AFB, NM 87117.

Tuesday July 24, 2007 14:02

Certified return receipt requested

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#feehan

Col. Terrence A. Feehan, Commander
Nuclear Weapons Center
2000 Wyoming Bvld SE
KAFB, NM 87116

Dear Col. Feehan:

Title 18 crimes have been committed against us with all evidence in writing in court records by New Mexico chief judge Parker, Wyoming chief judge Downes, Utah chief judge Benson, and New Mexico judges Conway, Hansen, Garcia, Scott, Brown and Vazquez in their attempts to avoid monetary settlement for wrongs done us by Sandia National Laboratories.

In 1992 Sandia manager James Gosler, we learned when the FBI declassified a Wayne R Gilbert letter on December 8, 2006, turned William Payne into the FBI Albuquerque office for some yet unknown national security crime. Payne denys committing any crimes. Payne was fired from Sandia Labs in 1992.

Legal efforts to obtain settlement were thwarted when judges Parker, Downes, Benson, Conway, Garcia, Scott, Brown and Vazquez exceeded their jurisdiction.

Arthur Morales and Manuel Garcia sued Sandia labs as leaders in a class action lawsuit for race discrimination. Sandia was forced into an expensive settlement. Subsequently Sandia Labs retaliated against Morales so Morales sued twice.

Hansen thwarted Morales' legal efforts by exceeding his jurisdiction by denying right to trial by jury.

In 1996 Morales and Payne joined forces to legally do something about judicial misconduct. Our joint legal effort was  CIV NO 97 0266 SC/DJS.

This case was dismissed improperly by the late judge Santiago Campos.

We demanded jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Therefore we invoked right to file to void judgment or order under Federal Rule of Civ. P. 60(b)(4) allows

Any judgment rendered by a court which lacks jurisdiction, either of the subject matter of the parties, or lacks inherent power to enter the particular judgment, or entered an Order which violated due process or was procured through extrinsic or collateral fraud, is null and void, and can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court.

Docket of CIV NO 97 0266 SC/DJS shows that on 05/16/2007 plaintiffs elected to file Motion to Set Aside Judgment as is their right under the Federal Rules of Civil Procedure. Motion was properly docketed on May 16, 2007.

Because of this action we are being threatened by judges

[i]mposition of sanctions, including censure, striking pleadings, imposition of fines and/or incarceration of the Plaintiffs. ...

and

[t]he imposition of sanctions, including but not limited to, censure, striking pleadings, and imposition of fines. ...

1 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#motion
2 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#notice

We have been advised to invoke

Title 18 § 4. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

You are the nearest military authority.

So we enclose the original of our criminal complaint affidavit which is posted on Internet at http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#criminal for your proper processing.

Evidence of guilt of the accused in all in writing in court records so investigation should lead to prompt issuance of summons.

We ask to receive copies of the summons when they are issued.

Sincerely,


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net


Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net

distribution

Ms Nancy Mayer-Whittington
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
U.S. District Court Clerk’s Office
333 Constitution Avenue, NW, Room 1225,
Washington, DC 20001

U.S. House of Representative Committee on the Judiciary
United States Senate Committee on the Judiciary

Tuesday July 24, 2007 09:25

We phoned Feehan's office.

Terry Walker is a PR person.

We learned that General Grabreski located at Wright Patterson AFB.

Sunday July 22, 2007 13:29

Others have faced the problems of the judiciary not doing their job properly processing a criminal complaint affidvit. Others advised us on a possible solution. A military base complaint.

AF Oath of Office

Oath: I, ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the president of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

§ 4. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Kirtland Air Force Base, New Mexico

Col. Terrence A. Feehan
Commander

Let's verify tht Feehan is, in fact, base commander and get a mailing adddresss.

NUCLEAR WEAPONS CENTER (NWC)
Commander ........................... CC ............. 846-6567
Executive Officer .................. CCE ........... 846-2494
Secretary ............................... CCS ........... 846-6567

We spoke with secretary Lt Martagon. At first Martagon was not going to give a mailing address. Then there was a long pause while Martagon conferred with some other[s]. The Martagon supplied the information

Col. Terrence A. Feehan, Commander
Nuclear Weapons Center
2000 Wyoming Bvld SE
KAFB, NM 87116
c/o Terry Walker

We have a plan in the case judge Armijo disagrees that

6 When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary. ⁴

Title 18 § 4. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

A criminal complaint affidavit directed to Kirtland AFB against federal court miscreants?

Our opposition judges and others are racking up Title 18 USC 241 and 242 [Morales in a minority class member] felony violation of law in writing.

Monday July 23, 2007 13:24

Certified return receipt requested

http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#clerk

Ms Nancy Mayer-Whittington
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
U.S. District Court Clerk’s Office
333 Constitution Avenue, NW, Room 1225,
Washington, DC 20001

Dear Ms Mayer-Whittington:

Enclosed is MOTION TO VACATE JUDGMENTS FOR LACK OF JURISDICTION UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MANDATORY JUDICIAL and NOTICE AND AUTHORITIES TO VOID JUDGMENT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

We also enclose two checks for $175 each for the filing fee.

Please return only a file stamped copy of the first page of our two filings.

New Mexico federal court only requires that an original copy be filed since the original are scanned and sent electronically to PACER.

Our two filings are posted on Internet at

1 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#motion
2 http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#notice

The posting contain links to copies of the court documents referenced in our assertions.

We have been threatened us with "[i]mposition of sanctions, including censure, striking pleadings, imposition of fines and/or incarceration of the Plaintiffs. ..." for our filing for void judgment in   CIV NO 97 0266 SC/DJS in New Mexico so we ask that the NO CONTACT ORDER be promptly signed an a copy sent to us, preferably by email.

Criminal complaint affidavit for these threats and denial of our civil right have been sent to the commander at Kirtland AFB for processing.

Judge Harry Edwards was advised about this matter in complaint sent to him on July 16, 1996

and received



But nothing positive happened in 1996 with judge Edwards and clerk Bradford Baldus to help settle these unfortuante matters.

Matters have gotten far worse since then.

We hope that our filings will be properly processed and that this will lead to peaceful settlement of these unfortunate matters

§ 241. Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured— They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Charge 1

New Mexico 12 person jury trial lawsuit CV 2000-10278 is removed to federal court without mandatory verification by assistant US attorney Phyllis A Dow on 11/27/2000.

New Mexico CV 2000-10278 is given federal case number 00cv01677. It is assigned to judge William F Downes by New Mexico chief judge James A Parker on 03/27/2001.

Parker denies civil right of complainant Payne to 12 persons jury trial New Mexico CV 2000-10278.

Parker violates § 241. Conspiracy against rights in writing in court record.

Charge 2

New Mexico 12 person jury trial lawsuit CV 2000-10289 is removed to federal court on
without mandatory verification by assistant US attorney Raymond Hamilton on 11/08/2000.

New Mexico CV 2000-1028900 is given federal case number 00cv1574. Case is reassigned from judge Martha Vazquez to to judge William F Downes by New Mexico chief judge James A Parker on 03/27/2001.

Parker denies civil right of complainants Morales and Payne to 12 persons jury trial New Mexico CV 2000-1028900.

Parker violates § 241. Conspiracy against rights in writing in court record.

Charge 3

New Mexico 12 person jury trial lawsuit CV-2001-03118 is removed to federal court without mandatory verification by French law firm and private attorney Christina E Anaya representing state defendant judge Ted Baca on 06/04/2001.

New Mexico CV 2001-03118 is given federal case number 01 cv 0634. New Mexico chief judge James A Parker recuses all judicial officers of the District of New Mexico; and reassigns the case to the Hon. William F. Downes, Chief U.S. District Judge District of Wyoming on 06/12/2001.

Parker denies civil right of complainants Morales and Payne to 12 persons jury trial New Mexico CV 2001-03118.

Parker violates § 241. Conspiracy against rights in writing in court record.

Charge 4

New Mexico 12 person jury trial lawsuit CV 2001-06293 is removed to federal court without mandatory verification by assistant US attorney Michael H Hoses.

New Mexico CV 2001-6293 is given federal case number 01 CV 1198. New Mexico chief judge issues ORDER OF RECUSAL by Chief Judge James A. Parker and reassigns case to Chief Judge Dee V. Benson for the District of Utah on 10/25/2001.

Parker denies civil right of complainants Morales and Payne to 12 persons jury trial New Mexico CV 2001-6293.

Parker violates § 241. Conspiracy against rights in writing in court record.

Charge 5

New Mexico 12 person jury trial lawsuit CV 2001-05900 is removed to federal court without mandatory verification by assistant US attorney Michael H Hoses.

New Mexico CV 2001-05900 is given federal case number 01 cv 1132. New Mexico chief Judge James A. Parker orders that all judicial officers of the District of New Mexico recuse in this action, and this case is reassigned to the Honorable Dee V Benson, Chief United States District Judge for the District of Utah on 10/24/2001.

Parker denies civil right of complainants Morales and Payne to 12 persons jury trial New Mexico CV 2001-05900.

Parker violates § 241. Conspiracy against rights in writing in court record.

Charge 1

Downes dismisses 00cv01677 on 05/30/2003 thus denying petitioner Payne right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Downes violates § 241. Conspiracy against rights in writing in court record.

Charge 2

On 11/18/2004 ORDER issued by District Judge William F. Downes striking pltf's affidavit [121-1] and directing the Clerk of Court to refuse acceptance of any further pleadings w/out leave of the Chief Judge ....

Downes violates § 241. Conspiracy against rights in writing in court record.

Charge 3

Downes dismisses 00cv157 on 05/30/2002 thus denying petitioner Payne right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Downes violates § 241. Conspiracy against rights in writing in court record.

Charge 4

District Judge William F. Downes dismisses jury trial demand lawsuits on 09/17/2004 grants injunctive relief and prohibiting pltfs William Payne and Arthur Morales from initiating a civil action in the U.S. District Court on 08/18/2004.

Morales and Payne were denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Downes violates § 241. Conspiracy against rights in writing in court record.

Charge 1

Dee V Benson terminates federal lawsuit number 01 CV 1198. Newwith prejudice on 10/04/2004 without demanded jury trial.

Petitioners were denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Benson violates § 241. Conspiracy against rights in writing in court record.

Charge 2

District Judge Dee V. Benson terminates 01 cv 1132 w/prejudice on 10/04/2004 without demanded jury trial.

Complaintants were denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Benson violates § 241. Conspiracy against rights in writing in court record.

Charge 1

Conway dismisses jury trial lawsuit No. 92-1452 (Sealed) on 8/25/94.

Complainant Payne's right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38 has been violated.

Conway violates § 241. Conspiracy against rights in writing in court record.                                                                                                        

Charge 1

Judge C. LeRoy Hansen ORDER denied jury trial demand on 01/06/1998 in federal lawsuit 97 cv 350.

Complainant Morales was denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Morales is member of Hispanic minority class

Hansen violates § 242. Deprivation of rights under color of law and § 241 and Conspiracy against rights in writing in court record.

Charge 2

Judge C. LeRoy Hansen dismisses 97 cv 350 with prejudice 97 cv 350 on 12/29/1999.

Complainant Morales was denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Morales is member of Hispanic minority class

Hansen violates § 242. Deprivation of rights under color of law and § 241 and Conspiracy against rights in writing in court record.

Charge 1

Magistrate Judge Lorenzo F. Garcia dismisses l New Mexico federal jury triallawsuit 99-270 on 11/30/1999

Complainant Payne was denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Garcia violates § 241. Conspiracy against rights in writing in court record.

Charge 2

On July 6, 2007 respondent magistrate judge Lorenzo Garcia threatened, "[C]ontempt sanctions may include censure, imposition of monetary fines and incarceration ..."
for petitioners pursuing void judgment motion and right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Garcia violates § 241. Conspiracy against rights in writing in court record.

Charge 1

Judge Robert H Scott dismisses CV 2002-03425 jury trial lawsuit on July 8, 2002.

Complainants Morales and Payne were denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Scott violates § 241. Conspiracy against rights in writing in court record.

Charge 2 Judge Scott took away petitioner Morales' right to represent himself pro se guaranteed by Tenth Amendment to the US Constitution.

Morales is member of Hispanic minority class

Scott violates § 242. Deprivation of rights under color of law and § 241. Conspiracy against rights in writing in court record.

Charge 1

Judge Kenneth G Brown dismisses CV 2001-07994 jury trial lawsuit with prejudice on May 16, 2002.

Complainant Payne was denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Brown violates § 241. Conspiracy against rights in writing in court record.

Charge 2

Judge Brown took away petitioner Payne's right to represent himself pro se guaranteed by Tenth Amendment to the US Constitution.

Brown violates § 241. Conspiracy against rights in writing in court record.

Charge 1

Judge Vazquez threatened "[i]mposition of sanctions, including censure, striking pleadings, imposition of fines and/or incarceration of the Plaintiffs ... "
on 6/14/2007when complainants filed reply to assistant US attorney response in void judgment action which exercising their civil right.

This violates § 242. Deprivation of rights under color of law and § 241 and Conspiracy against rights in writing in court record since Morales is a member of minority class.

Arthur R Morales ________________________________

SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this day of _____________

William H Payne ________________________________

Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this pleading are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

Notary Public ______________________________________

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 As a result of written threats made against petitioners to prevent them from exercising their civil rights, all judicial officers of the District of NM, judge William F Downes, judge Dee Vance Benson and their emissaries are ordered to keep at least 100 feet away from petitioners.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown,
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet


Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

The Judicial Code require defendants who would remove cases to the federal courts to file " a verified petition containing a short and plain statement of the facts" 28 USC Sec. 1746. - Unsworn declarations under penalty of perjury

Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: (1) If executed without the United States: ''I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)''. (2) If executed within the United States, its territories, possessions, or commonwealths: ''I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)''

New Mexico state law states:

Perjury and False Affirmations

30-25-1. Perjury.

Perjury consists of making a false statement under oath or affirmation, material to the issue or matter involved in the course of any judicial, administrative, legislative or other official proceeding, knowing such statement to be untrue.

Whoever commits perjury is guilty of a fourth degree felony.

Rule 81. Applicability in General

(b) Scire Facias and Mandamus. The writs of scire facias and mandamus are abolished. Relief heretofore available by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed in these rules.

03/24/1999 3 DEMAND for jury trial by pltf (rd) (Entered: 03/25/1999).

11/30/1999 105 JUDGMENT: by Magistrate Judge Lorenzo F. Garcia entered in favor of deft DOE on all of pltf's federal claims which are hereby dismissed with prejudice [95-1] (cc: all counsel*) (rd) (Entered: 11/30/1999)

11/30/1999 106 JUDGMENT: by Magistrate Judge Lorenzo F. Garcia entered in favor of individually named DOE and EEOC defts on all of pltf's federal claims, which are dismissed with prejudice [96-1], [96-2] (cc: all counsel*) (rd) (Entered: 11/30/1999)

11/30/1999 107 JUDGMENT: by Magistrate Judge Lorenzo F. Garcia entered in favor of EEOC on all of pltf's federal claims, which are dismissed with prejudice; all other common law claims against EEOC are dismissed with prejudice [97-1] dismissing case (cc: all counsel*) (rd) (Entered: 11/30/1999)

68 Immediately sign and return copy of attached NO CONTACT ORDER seen at http://www.prosefights.org/nmlegal/dcvoid/dcvoid.htm#nocontact.

69 Return filed stamped copy of this Motion with 10 working days.

70 Sign attached ORDERS vacating judgments seen at

CV- 2000-10289 Defendants: assistant US attorney Robert J Gorence, US attorney John J Kelly, assistant US attorney Manuel Lucero, assistant US attorney Jan Elizabeth Mitchell, RESPONDENT magistrate judge Don F Svet

CV-2001-03118 Defendants: New Mexico state judge Theodore C. Baca, US attorney Norman C. Bay, assistant US attorney Phyllis A. Dow, assistant US attorney Raymond Hamilton, law firm Rodey, Dickason, Sloan , Akin & Robb PA, and RESPONDENT judge Martha Vazquez

CV-2001-06293 Defendants: assistant US attorney John J Zavits, RESPONDENT judge William F. Downes, law firm French & Associates PC

CV 2000-10278 Defendants: Sandia Corporation - Sandia National Laboratories, American Telephone and Telegraph Corporation, Lockheed Martin Corporation, law firm Krehbiel, Bannerman & Horn, lawyer John A. Bannerman, Phoenix EEOC administrator Charles Burtner, RESPONDENT magistrate judge Lorenzo F. Garcia, Sandia labs employee Michael G. Robles and lawyer Carol Lisa Smith

CV 2001-05900 Defendants: assistant US attorney Phyllis A. Dow, RESPONDENT judge William F. Downes, law firm Rodey, Dickason, Sloan , Akin & Robb PA

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico Metropolitan court criminal complaint 12310-03 is vacated for lack of jurisdiction because Federal Rule of Civ. P. 60(b)(4) does not have time limit statutes.

2 Schedule arraignment of accused Phyllis Dow in 12310-03 within 30 days of entry of this order.

3 Notify petitioner Payne of arraignment dated 10 day prior to scheduled arraignment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico Metropolitan court criminal complaint 12311-03 is vacated for lack of jurisdiction because Federal Rule of Civ. P. 60(b)(4) does not have time limit statutes.

2 Schedule arraignment of accused Michael Hoses in 12311-03 within 30 days of entry of this order.

3 Notify petitioner Payne of arraignment dated 10 day prior to scheduled arraignment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico Metropolitan court criminal complaint 12314-03 is vacated for lack of jurisdiction because rule Federal Rule of Civ. P. 60(b)(4).

2 Schedule arraignment of accused lawyer Robert St John in 12314-03 within 30 days of entry of this order.

3 Notify petitioner Payne of arraignment dated 10 day prior to scheduled arraignment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico Metropolitan court criminal complaint 12313-03 vacated for lack of jurisdiction because of fraud.

2 Schedule arraignment of accused judge Downes in 12313-03 within 30 days of entry of this order.

3 Notify petitioner Payne of arraignment dated 10 day prior to scheduled arraignment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico Metropolitan court criminal complaint 12315-03 is vacated for lack of jurisdiction because of fraud.

2 Schedule arraignment of accused judge Parker in 12315-03 within 30 days of entry of this order.

3 Notify petitioner Payne of arraignment dated 10 day prior to scheduled arraignment.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

US Supreme Court ruling Lehman v Nakshian No. 80-242 is vacated for lack of jurisdiction.

Nakshian was denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

IT IS SO ORDERED.
                                                                             _________________________
                                                                              Judge
                                                                             UNITED STATES DISTRICT COURT
                                                                             FOR THE DISTRICT OF COLUMBIA

                                                                              _________________________
                                                                              Date

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

New Mexico federal jury demand lawsuit judgement in CIV NO 97 0266 SC/DJS is vacated for the following reasons:

A No ruling by judge Armijo regarding motion had been made after pply. .

B Magistrate judge Don Svet ordered petitioner Morales' wage garnished for $625 in CIV NO 97 0266 SC/DJS.

Morales request for mandatory hearing before garnishment was ignored.

$625 was garnished from Morales wage's without hearing.

Svet's Order violated due process.

B 60 Svet signed order for $1,793.56 sanction with no cause of action in CIV NO 97 0266 SC/DJS.

Svet's Order violated due process.

C CIV NO 97 0266 SC/DJS was dismissed without demanded jury trial by judge Santiago Campos.

Petitioners were denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

D On 6/14/2007 replaced judge Martha Vazquez enters order threatening petitioners with "[i]mposition of sanctions, including censure, striking pleadings, imposition of fines and/or incarceration of the Plaintiffs ..." See http://www.prosefights.org/nmlegal/nsalawsuit/pacerdocketsjuly182007/87.pdf.

Vazquez is defendant in New Mexico 12 person jury trial lawsuit CV-2001-03118.

E Replacement judge Armijo apparently issure Minute Order striking judge Vazquez' threat in D.

But court does not send respondent Payne a copy of Minute Order. See PACER docket entry 88.

Due process is violated.

E Judge Armijo replaces respondent judge Svet with respondent judge Garcia on 6/21/07. See http://www.prosefights.org/nmlegal/nsalawsuit/pacerdocketsjuly182007/90.pdf

Garcia is respondent 97cv 270 and is defendant in New Mexico 12 person jury trial lawsuit CV 2000-10278.

F Armijo instructs Garcia to "Judge Garcia may undertake whatever legal analysis he deems necessary and may conduct hearings to determine if there is a violation of the injunction and, if so, to recommend the imposition of sanctions, including but not limited to, censure, striking pleadings, and imposition of fines." See http://www.prosefights.org/nmlegal/nsalawsuit/pacerdocketsjuly182007/89.pdf

G Garcia threatens "[C]ontempt sanctions may include censure, imposition of monetary fines and incarceration.... "
http://www.prosefights.org/nmlegal/nsalawsuit/pacerdocketsjuly182007/92.pdf

Respondents are required to respond to Garcia by July 26, 2007.

An opportunity for a hearing before a competent and impartial tribunal on proper notice is one of the essential elements of due process of law.

Court violates petitioners due process rights.

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

New Mexico federal jury demand lawsuit CIV- 97-350-LH/DJS is vacated for the following reasons:

A Petitioner Morales files to void judgment in New Mexico federal court CIV- 97-350-LH/DJS on June 7, 2007.

Void judgment motion is docketed June 6, 2007.

Respondents do not respond with required 20 days.

New Mexico federal court does not respond.

Due process is violated.

When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary.

C Petitioner Morales was denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

New Mexico federal No. 92-1452 (Sealed) jury trial demand lawsuit is vacated for the following reasons:

A Motion and accompanying Mandatory Judicial Notice is docketed on 7 May 30 PM 1:44.

B Judge Conway denies motion on June 18, 2007 in a letter and unsigned order.

When rule providing relief from void judgments is applicable, relief is mandatory and is not discretionary.

C Unsigned Order violated due process.

D No. 92-1452 (Sealed) is a jury trial lawsuit.

Petitioner Payne was denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

New Mexico federal lawsuit 99-270 Right to Privacy Act jury trial lawsuit is vacated for the following reasons:

A Magistrate judge Lorenzo Garcia dismisses jury trial lawsuit

Petitioner Payne was denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

New Mexico 12 person jury trial is breach of contract lawsuit CV 2002-03425 is vacated for the following reasons:

A Judge Robert H Scott dismisses CV 2002-03425 on July 8, 2002. This violated New Mexico state judicial rule 1-041: Dismissal of actions.

Only a plaintiff can move to dismiss a demanded jury trial lawsuit guaranteed inviolate by New Mexico and federal constitutions.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners Morales and Payne were denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

B Judge Scott took away petitioner Morales' right to represent himself pro se guaranteed by Tenth Amendment to the US Constitution.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

C Judge Scott did not sign July 8, 2002 ORDERS.

This is in violation of court rules. Scott entered an Order which violated due process.

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico 12 person jury trial is breach of contract lawsuit CV 2001-07994 is vacated for the following reasons:

A Judge Kenneth G Brown dismisses CV 2001-07994 with prejudice on May 16, 2002 This violated New Mexico state judicial rule 1-041: Dismissal of actions.

Petitioner Payne was denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

B Judge Brown took away petitioner Payne's right to represent himself pro se guaranteed by Tenth Amendment to the US Constitution.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico federal number 01 cv 1132 is vacated for the following reasons:

A New Mexico 12 person jury trial lawsuit CV 2001-05900 is removed to federal court without required verification by assistant US attorney Michael H Hoses..

Due process was violated.

B Harassment and perjury are not federal questions.

The court must have jurisdiction of the subject matter. The court does not have jurisdiction of the subject matter

Judge Dee Vance Benson lacked subject matter jurisdiction.

C District Judge Dee V. Benson terminates case w/prejudice on 10/04/2004 without demanded jury trial.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners were denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico federal number 01 CV 1198 is vacated for the following reasons:

A New Mexico 12 person jury trial lawsuit CV 2001-06293 is removed to federal court without required verification by assistant US attorney Michael H Hoses.

Due process was violated.

B Harassment and perjury are not federal questions.

The court must have jurisdiction of the subject matter. The court does not have jurisdiction of the subject matter

Judge Dee Vance Benson lacked subject matter jurisdiction.

C Dee V Benson terminates case with prejudice on 10/04/2004 without demanded jury trial.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners were denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico federal number 00cv0634 is vacated for the following reasons:

A New Mexico 12 person jury trial lawsuit CV-2001-03118 is removed to federal court without required verification by French law firm and private attorney Christina E Anaya representing state defendant judge Ted Baca on 06/04/2001.

Due process was violated.

B Harassment is not a federal question and no required verified petition was ever filed that harassment is a federal question.

The court must have jurisdiction of the subject matter.

Judge William F Downes lacked subject matter jurisdiction.

C District Judge William F. Downes dismisses jury trial demand lawsuits on 09/17/2004 grants injunctive relief and prohibiting pltfs William Payne and Arthur Morales from initiating a civil action in the U.S. District Court on 08/18/2004.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Petitioners were denied right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico federal number 00cv01574 is vacated for the following reasons:

A New Mexico 12 person jury trial lawsuit CV 2000-10289 is removed to federal court on
without required verification by assistant US attorney Raymond Hamilton on 11/08/2000.

Due process was violated.

B Replevin and harassment are not federal questions and no required verified petition was ever filed that replevin and harassment are federal questions.

Judge William F Downes lacked subject matter jurisdiction.

C Downes dismisses 00cv157 on 05/30/2002 thus denying petitioner Payne right of jury trial guaranteed inviolate by 7th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Arthur R Morales,
William H Payne

Petitioners

v                                                                             No ______________________

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 New Mexico federal number 00cv01677 is vacated for the following reasons:

A New Mexico 12 person jury trial lawsuit CV 2000-10278 is removed to federal court without required verification by assistant US attorney Phyllis A Dow on 11/27/2000.

Due process was violated.

B Defamation [libel] and harassment are not federal questions and no required verified petition was ever filed that defamation [libel] and harassment are federal questions.

Judge William F Downes lacked subject matter jurisdiction.

C Downes dismisses 00cv01677 on 05/30/2003 thus denying petitioner Payne right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

On 11/18/2004 issues ORDER by District Judge William F. Downes striking pltf's affidavit [121-1] and directing the Clerk of Court to refuse acceptance of any further pleadings w/out leave of the Chief Judge ....

A judgment may not be rendered in violation of constitutional limitations and guaranties.

Arthur R Morales,
William H Payne

v                                                                          No. _________________________

Petitioners

Julie Altwies,
M Christina Armijo,
Dee Vance Benson,
George P. Eichwald for Kenneth G Brown
John Edwards Conway,
William F Downes,
Lozenzo F Garcia,
C Leroy Hansen,
Christina Jaramillo,
John G Roberts, Jr,
Robert H Scott,
Denise Shepherd,
Don J Svet

Respondents                                                            Federal Rule of Civ. P. 60(b)(4)

1 COMES NOW, plaintiffs Morales and Payne to place this court on judicial notice of authorities of motion to vacate judgments.

2 To be valid and enforceable, a judgment must be supported by three elements:

(1) the court must have jurisdiction of the parties;
(2) the court must have jurisdiction of the subject matter; and
(3) the court or tribunal must have the power of authority to render the particular judgment.

11 Res judicata does not apply to such a judgment. ¹³

12 An opportunity for a hearing before a competent and impartial tribunal on proper notice ¹⁴ is one of the essential elements of due process of law. ¹⁵

54 Petitioners Morales and Payne file to void judgement in CIV NO 97 0266 SC/DJS. Motion is docketed in Santa Fe federal court on May 16, 2007.

55 Assistant US attorney Jan Mitchell references US Supreme Court case Lehman v Nakshian No. 80-242 in her attempt to show that right of jury trial guaranteed inviolate by 7^th Amendment to US Constitution and 28 USC Rule 38 does not apply. Petitioners reply that relying on voidable judgment should not be as case law.

56 Magistrate judge Don Svet ordered petitioner Morales' wages garnished for $625 in CIV NO 97 0266 SC/DJS.

Morales request for required hearing before garnishment was ignored.

$625 was garnished from Morales wage's without hearing.

Svet's Order violated due process.

55 Svet signed order for $1,793.56 sanction with no cause of action in CIV NO 97 0266 SC/DJS.

Svet's Order violated due process.

It's too simplistic to foist the blame entirely on the bench. And it's just plain wrong. As someone who has covered the judiciary, at least that which presides over Bernalillo and Sandoval counties, I have found most judges to be thoughtful, ethical and knowledgeable of the law.

The New Mexico Judicial Standards Commission, the public's only way to sound off on judges, reported this month that a record 2,442 complaints and inquiries against or about the judiciary were received from July 2005 through June 2006.

To quote the Mogambo Guru, "Hahahahahaha."

Judicial Races 2004

Edward L. Chavez
AGE: 47 DUCATION: B.B.A., Eastern New Mexico
University, 1978; J.D., University of New Mexico,
School of Law, 1981.

Ned S. Fuller
AGE: 39
EDUCATION: B A., English, Arizona State
University. 1989; J.D., Brigham Young
University Law School, 1993.

Michael E. Vigil
AGE: 53
EDUCATION: B.A., political science, College of
Santa Fe, 1973; J.D., Georgetown University Law
Center, 1976.

Paul D. Barber
AGE: 55
EDUCATION: B.A., economics, Brigham Young
University, 1973; J.D., Brigham Young
University, 1976.

Richard C. Bosson
AGE: 60
EDUCATION: B.A.,
Wesleyan University, 1966,
J.D., Georgetown Law
School, 1969; master's
degree, judicial process, University of Virginia School of Law. 1998.

Marie A. Baca
AGE: 51
EDUCATION: B.A., university studies, University of
New Mexico, 1970; J.D. UNM, School of Law, 1980.

Roderick T Kennedy
AGE: 48
EDUCATION: B.A., political science, The College of
Wooster (Ohio), 1977; J.D.,
University of Toledo College
of Law, 1980; certificate in criminal trial advocacy,

Don Harris
AGE: 42
EDUCATION: B.M., Hartt School of Music, University of Hartford,
1987; J.D., cum laude, University of Connecticut, 1990.

Linda Vanzi
AGE: 47
EDUCATION: B.A.,
English/French,
Marymount College,
1973; No degree (enrolled in M.A.
in biology), University of Texas at El
Paso, 1984-1986; J.D., University
of New Mexico, School of Law,
1995.

Chris Schultz
AGE: 43
EDUCATION: B.A.,
religion, Baylor Schultz
University, 1983;
J.D., University of New Mexico,
School of Law, 1994.

John J. Romero Jr.
AGE: 57
EDUCATION: B.A., Latin
American studies, University
of New Mexico, 1970; M.A.,
public administration, UNM,
1977; J.D., UNM, 1985.

Valerie Huling
AGE: 46
EDUCATION: B.S., business
administration, Xavier
University of New Orleans
1980; juris doctorate,
University of New Mexico,
1985; attended National
Judicial College, October
2003.

Kevin L. Fitzwater
AGE: 46
EDUCATION: B.A., history,
University of New Mexico,
1981; MBA, National
University, 1986; J.D., UNM, 1992.

Nan Nash
AGE: 47
EDUCATION: B.5., environmental biology
Indiana University, 1985;
ID., Indiana University,1989.

George Eichwald
AGE: 51
EDUCATION: J.D.,
University of New Mexico,
School of Law, 1984; master's, public administration,
UNM, 1978; B.S., biology, UNM, 1975.

Kerry Morris
AGE: 52
EDUCATION: B.A, universities studies,
University of New Mexico,
1977; J.D., UNM, School of Law, 1981.

Stanley Read
AGE: 63
EDUCATION: B.A., biology,
Texas Christian University,
1963; M.A., English, University of Texas, Austin,
1965; J.D., University of New Mexico,
School of Law, 1975.

Patsy D. Reinard
AGE: 56
EDUCATION: B.A, economics, University of Minnesota, 1974;
J.D., University of Minnesota, 1977.

Clint Wellborn
AGE: 42
EDUCATION: High school diploma, Quemado, 1980;
B.S., history, Eastern New Mexico University, ±985; J.D,
Texas Tech University, 1989.

Lemuel Martinez
AGE: 48
EDUCATION: B.S., business administration, University of
Southern California, Los Angeles, 1978; M.A., liberal
education, St. John's College, Annapolis, Md., 1982; M.A., education,
University of New Mexico, 1989; J.D., UNM School of Law, 1995.

Victor E. Valdez
AGE: 40
EDUCATION: B.A., economics, Stanford
University, 1986; J.D., Valdez
University of New Mexico, School of Law, 1989.

Pete Ross
AGE: 52
EDUCATION: A.A., University of New Mexico, Gallup branch, 1985;
B.U.S., UNM, 1989; J.D., UNM, School of Law, 1992.

Ronald Bratton
AGE: 46
EDUCATION: B.A, unversity studies,
University of New Mexico, 1985; M.A.,
education, UNM, 1990; J.D., UNM, School of Law, 1994.

Edward L. Benavidez
AGE: 42
EDUCATION: BA., government, New Mexico State
University, 1985; J.D., Thomas Cooley Law School,
Lansing, Mich, 1990.

Cristina Jaramillo
AGE: 43
EDUCATION: B.A., law and politics, University of New
Mexico, 1985; J.D., UNM, School of Law, 1990; MBA,
UNM, Anderson School of Management, 1990.

Loretta Lopez
AGE: 43
EDUCATION: B.S., nursing,
University of New Mexico, 1982;
J.D., UNM, School of Law, 1989.

Daniel Ramczyk
AGE: 46
EDUCATION: B.A., speech communications, University of New Mexico, 1980; J.D., UNM, School Law, 1983.

Clyde DeMersseman
AGE: 37
EDUCATION: B.A., political science, University of Colorado,
1989; J.D., University of
Denver, 1994.

Linda Mott
AGE: 42
EDUCATION: B.A., journalism
and political science, University of
New Mexico, 1991; J.D., Drake
Law School, 1996.