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Marian Karr 3f(2)
From: Ann Christenson <annfchris @gmail.com>
Sent: Monday, December 17, 2012 2:46 PM
To: Council
Cc: Jennifer Jordan; Tom Markus
Subject: Rozenski letter response
Attachments: Rozenski letter.doc; Facts response Hilex.doc
Dear Mayor Hayek and Councilors: At the request of Jim Throgmorton for a response to an email he
received from Philip R. Rozenski of Hilex Poly Co., St. Louis, we (100Grannies.org) have looked into Mr.
Rozenski's contentions. As you may also have received the same letter from Mr. Rozenski (attached), we
want to share our findings with you and your colleagues as well. After you have read our response (also
attached), please reconsider your reluctance to join the many other cities, counties and nations that are
making an effort to restore the health of our bodies of water.
We know that in the broad scope of the environmental devastation going on in this world, banning plastic
bags in Iowa City is a very small step for saving our rivers, lakes and oceans, but we are only able to start
locally. We also know that a regional ban, and better yet, a state -wide ban such as Oregon is considering,
is even more important. We will be going for broader areas, but again, we have to start somewhere.
This is not only for our grandchildren's futures, and their children's, but for yours as well. Think about
it. — Ann Christenson for 100Grannies.ora.
From: Phil Rozenski [Phil.Rozenski@hilexpoly.co
Monday, December 03, 2012 12:00 PM
To: Jim Throgmorton
Subject: Plastic Bag Legislation in Iowa City
Councilor Throgmorton,
As an employee of Hilex Poly <http: / /www.hilexpoly.com/>, an industry leading manufacturer and
recycler of plastic bag and film products, I have been following the recent conversation in Iowa
City to potentially ban plastic grocery bags. In advance of tomorrow's Council meeting, I wanted
to share some information about the real impacts of bag legislation and an alternative — recycling —
that achieves the goal of reducing litter while protecting the 30,800 Americans employed by the
plastic bag manufacturing and recycling industry, including 700 in Iowa.
Like you, our industry agrees that litter, in general, is a problem. But experience shows bag
ordinances cripple green job growth while producing no benefits for the environment or
consumers. My concern is that bag bans do not take into account that plastic bags are 100 percent
recyclable, can contain recycled content (true closed -loop recycling) and can be reused for many
household purposes as nine out of 10 Americans already do. Eliminating free plastic grocery bags
forces consumers to use alternatives such as paper or cloth bags. Both options weigh more and
take more energy to produce, contributing to greater emissions, not less. Additionally, some
reusable bags have been found to contain harmful bacteria and
viruses< http: / /seattletimes. nwsource .com /html/health/2018175581 a pusreusablebagvirus.html>
that pose health threats to consumers.
Most importantly, implementing a bag ban would not address the issue of litter in a meaningful
way. In fact, San Francisco reported plastic bags to be only 0.6 percent of litter before the City
implemented a plastic bag ban. One year after the ban, plastic bag litter was actually reported to be
0.64 percent.
Put simply, banning plastic bags in Iowa City would:
Put 700 manufacturing and recycling jobs in Iowa at risk
Increase dependence on foreign oil
Increase global greenhouse gas emissions
Impose financial burdens on consumers and small businesses
Hinder successful recycling programs
Have minimal impact on the small fraction (less than 0.5 percent) of plastic bags that are
part of the U.S. municipal solid waste stream
Hilex Poly is committed to working with lawmakers like yourself to develop comprehensive
recycling programs. Through our Bag -2 -Bag program <http: / /www.hilexpoly.com/going-
reg en/bag-2-bag >, we enable people to deposit their used plastic bags and wrap into bins at local
retailers for recycling. In 2011 alone, Hilex recycled more than 35 million pounds of post-
consumer plastic bags, sacks and wraps.
I hope this information was helpful in describing why recycling is a better option and bag bans
are, simply put, bad public policy. I ask that you please consider the alternatives to anti -bag laws
in order to preserve consumer choice, jobs and our industry. If you have any questions or would
like to discuss the facts about plastic bags and the impacts of plastic bag legislation, please let me
know; I am available to discuss this further with you at any time.
v/r
Philip R. Rozenski,
Director of Marketing and Sustainability
618 402 -4244
phil. rozenski2 hilexpol, �com< mailto:phil.rozenski@hilexpoly.com>
Learn the facts about plastic bags at www. bagtheban .com <http: / /www.bagtheban.com>
Hilex Poly Co., LLC
1780 Belt Way Drive
St. Louis, MO 63114
Facts regarding the letter from Philip R. Rozenski, Hilex Poly Co. of St. Louis
From 100Grannies.org, December 17, 2012
While it would have been helpful for Mr. Rozenski to cite the sources of his claims, we have
found that a number of them are questionable. In researching, we haven't been able to verify that
banning plastic bags somehow imposes a financial burden on consumers and small businesses,
increases dependence on foreign oil, or hinders successful recycling programs, as Mr. Rozenski
contends.
Many, if not most, of Mr. Rozenski's points are made vis -a -vis paper bags and were lifted almost
verbatim from a fact sheet produced by the American Chemical Association. They relate to
differences in the production of plastic bags vs. paper bags, not in the usage of plastic bags.
His claim that a bag ban `hinders successful recycling programs' is a mystery, since many of the
complaints about plastic bag recycling relate to problems of clogged machinery.
As far as creating a financial burden on consumers, supermarkets and other businesses pass the
cost of plastic bags on to their customers for whom the expense per bag is minimal.
Increased dependence on foreign oil is a non - starter even if it made sense, as the U.S. has recently
become an exporter of petroleum.
The rumor raised by Mr. Rozenski of viruses spread by fabric bags has been widely discounted. It
also has been pointed out that washing these bags is a simple solution to any diseases.
Mr. Rozenski also raises the issue of litter, which, while a blight on environments, will admittedly
not go away with a ban on plastic bags. The primary purpose of a bag ban is not to eliminate litter
in the streets and landfills, although this is desirable, but rather to help in a small but initial way to
clean up our waterways, rivers and oceans. The typical plastic grocery bag takes anywhere from
450 to 1,000 years to break down.
According to the Sierra Club, "Between 60 to 95 percent of marine litter is plastic, and about 270
species are harmed or killed by becoming entangled in it or ingesting large pieces .... some
estimates say that 7 million tons of plastic end up in the oceans every year. One whale washed up
on the coast of France with a whole ton of plastic, including supermarket bags, in its belly."
Beth Terry, a blogger and author of the book "Plastic Free" writes that HDPE ( #2 plastic) is what
most cheap disposable plastic store bags are made from. "According to the EPA," she writes, "the
recycling rate for HDPE `bags, sacks, and wraps' in 2010 was a mere 4.3 %. These are the kinds
of bags you see blowing down the street and caught in trees." Terry continues. "Guess what kind
of bags Hilex Poly makes. Well, according to the front page of Hilex Poly's web site, `Hilex is an
industry leading manufacturer of plastic bag and film products, focusing primarily on high density
polyethylene (HDPE) film products and related services."'
A lawsuit filed by Hilex Poly and two other single use bag manufacturers against ChicoBag, a
reusable bag company, was dropped when ChicoBag challenged the three to back up their
allegations about recycling rates and the impact of single -use plastic bags on the environment.
As for `700 jobs in Iowa' depending on plastic bag manufacture, here is what a professional
reference librarian found:
"Kiliper Corp, a bag manufacturer with a location in Ames, employs about 37 people according to
Manta.com, although the subscription database "Reference USA" says only four are on location.
"Home Plastics in Des Moines has 100 employees on location according to "Reference USA," but
they do a lot more than just plastic bags.
"Decker Plastics in Council Bluffs also does a lot more than bags. They have around 20 -30
employees.
"Laddawn Inc is a company with various locations, including Manchester, IA. They employ
somewhere between 9 -30. They also make film.
"Iowa prisons manufacture plastic bags, but currently not for grocery stores.
"That is about all I can find for manufactures, although I can't guarantee it is comprehensive,"
continues the researcher. "There are also distributors, and Mr. Rozenski mentions recycling
employees, too. But for manufacturers, there appear to be at most fewer than 200 employees, and
most of these companies manufacture many other things besides bags."
A column in the Wall Street Journal last October points out that "Companies that manufacture
reusable bags will continue to grow and diversify their product lines, and will create more green
jobs. The sale of reusable bags will also generate sales -tax revenue — unlike the disposable bags,
which are given away."
Despite Mr. Rozenski's claims about the recyclability of plastic bags, the Christian Science
Monitor reports that nationally, "Less than 1 percent of 100 billion plastic bags tossed each year
get recycled."
On the other hand, here are some benefits to consider from banning plastic bags:
o Reduction of single -use disposable bag consumption by as much as 90 %.
o Positive public relations for the City's environmentally conscious culture.
o Cleaner streets, parks, rivers, lakes and oceans.
o Greater sense of community derived from community- driven change.
o The prestige of being an early adopter in the movement to change our single -use,
throwaway culture.
In its 2010 annual report about coastal cleanups, the Ocean Conservancy calls for global solutions
to marine debris because "it often travels far beyond its origins, crossing political and
geographical boundaries."
The report goes on to say, "The hardest truth about the state of our marine environment is that
we've trashed our ocean, the source of much of the food, water, and oxygen we need to survive.
No matter where we live, the ocean is our life- support system, providing all these essentials for us
on a daily basis. Marine debris is now considered one of the most pervasive pollution
problems plaguing our ocean and waterways, and our growing population is generating more of
it than ever before.
As we (100Grannies.org) have pointed out before, there is a growing movement worldwide to
eliminate plastics from Earth's waters. There is a good chance that in 2013, Oregon will become
the first state on the mainland to ban plastic bags border to border. Hawaii already has. Many
cities in the U.S. and in other countries have banned plastic bags to the benefit of their citizens as
well as the environment.
For example, a study by the City of San Francisco determined that 17 cents is what it costs to
handle each discarded plastic bag. For that reason, the city considered a 17 -cent charge for both
plastic and paper bags. Starting last October (2012), San Francisco implemented a 10 -cent fee for
each paper bag provided by any retail establishment to customers went into effect. The City's ban
on plastic bags was expanded at the same time. Restaurants will also be required to charge the fee
starting in October 2013. This legislation was passed unanimously.
"The transition from single -use to reusable can be hard at first — you may find some neighbors,
friends, or retailers reluctant to change. Others might try to stop the movement altogether. It's
helpful to remember there are reasonable objections and questions to bans vs. taxes or recycling
programs — it's important to hear out others' ideas but to also persevere. Ultimately, once old
habits are replaced, consumers are happy and proud to tote their goods responsibly." –
BagItMovie.com
Marian Karr 3f(3)
From: Keri Hornbuckle <kchornbuckle @gmail.com>
Sent: Wednesday, December 19, 2012 2:26 PM
To: Council
Subject: gun control
Dear City Council,
I urge you to ban weapons within city limits.
Yours,
Keri Hornbuckle
1309 Bristol Drive
Iowa city, IA 52245
Marian Karr
From: B Soglin <bsog lin @yahoo. com>
Sent: Wednesday, December 19, 2012 11:04 PM
To: Matt Hayek
Cc: Council
Subject: Mayors Against Illegal Guns
Dear Mayor Hayek:
I am writing to ask you, on behalf of Iowa City, to endorse the principles of and join the coalition of Mayors
Against Illegal Guns. Cities in Iowa whose mayors have endorsed the effort include Dubuque (Mayor Roy
Buol) and Waterloo (Mayor Buck Clark). The coalition co- chairs are Mayor Michael Bloomberg, of New York
City, and Mayor Thomas Menino, of Boston, who aptly state, "The issue of illegal guns is not conservative or
liberal; it is an issue of law and order -- and life or death."
Today, December 19, the coalition's 750+ participating mayors sent a collective letter to President Obama and
Congressional leadership "urging passage of legislation to: close deadly loopholes in the national background
check system; limit the availability of military style weapons and high- capacity magazines; and make gun
trafficking a federal crime." ( http: / /www.mgyorsagainstillegal ug ns.org4 tml/home/home.shtml)
Please add Iowa City's support to Mayors Against Illegal Guns to make our community and the nation safer. As
so many have said in recent days, the time has passed for talk about preventing deaths from gun violence; the
time for action is now.
Thank you for your time and consideration of this urgent matter.
Sincerely,
Becky Soglin
Iowa City
Marian Karr
From: Mike Parker <miketparker @gmail.com>
Sent: Tuesday, December 18, 2012 6:24 PM
To: Council
Subject: River rafting project
This correspondence will become a public record.
4
I want to express my opposition to the river kayaking project in Iowa City. It is a waste of money. The project
will benefit a very small fraction of people in Iowa City, less than 1 %. You will be replacing one water hazard
for another water hazard. Most drownings that I am aware of were due to bad decisions made by individuals
who may have been inebriated. Anyone who jumps in the Iowa River at flood stage is going to drown whether
the dam is there or not. Kayakers who participate in the sport inebriated will also have the same risk. I suggest
you spend the money on something that will benefit the larger Iowa City community.
Mike Parker; 116 Penfro Dr, Iowa City, Ia
Marian Karr
4.1
From: John McMillan <mcmillanj @att.net>
Sent: Thursday, December 20, 2012 11:07 AM
To: Belo Media CEO Dunia Shive; DMN ME George Rodrigue; DMN Editor Bob Mong; DMN Asst.
News Editor Cynthia Bagwell; DMN AME Denise Beeber; DMN Asst. News Editor Alma
Lozoya; DMN Asst. Editorial Page Editor Nicole Stockdale; DMN Editorial Page Editor Keven
Ann Willey; Dallas Morning News Reporter Christy Hoppe; Austin Chronicle Editors; Daily
Texan News Editors; The Boston Phoenix; Houston ABC TV Station KTRK News Team;
Houston NBC Channel 2 TV News Team; Houston Chronicle Letters to the Editor; Cousin Jim
Dane; attorneyCousin Jack Dane; Dallas CBS Television News Team Channel 11; San
Antonio Express -News Letters to Editor; CBS News Story Ideas Editors; West Austin News
Publisher Bart Stephens; Miami Herald Letters to Editor; Texas Tenants Union;
DemocraticNatlCommittee; RepublicanNationalCommittee; IowaAttyGeneralTomMiller;
Council; Univ Iowa Alumni Association; University of Iowa President;
IowaDepartmentofPublicSafetyPIO; Iowa Democratic Party Officials; Iowa Republican Party
Officials; Chicago Tribune Newstips; Washington PostLettersEditor; NewYorkTimesEditors;
Patriot Ledger News Editors; Royal Fam ilyPu blicRelationsOffice; The London Times Letters to
Editor; Austin officeFederal Bureau of Investigation San Antonio Div.; U.S. Dept of Justice;
CountyAttorneyDavidEscamilla; Attorney General of Mass. Public Inquiry and Assistance
Division
Subject: Fw: 12 -19 -12 question for your Wind River Crossing management team
A respectful FYI to each of your very influential news - gathering organizations on the following scandal -news
story in Austin, Texas, at also has a possible Dallas angle to it, since the apartment complex where I live is
owned and managed by a for - profit corporation, Westdale, that is headquartered in Dallas, Texas, and banks
with "ViewPoint" Bank of Plano, Texas. Westdale does not provide any electronic surveillance on any part of
the very large apartment complex in northwest Austin where I have resided ever since 2001.
The scandal news story to which I refer is occurring in a context in which no media company anywhere in the
world so far has demanded to know why the Austin Police Department ever since June of 2011 has refused to
officially authorize or officially order any DNA medical testing on myself or any possible suspect.
Those urgently- needed DNA tests on myself and others would be in connection with the alleged daily (and
frequent) and year -round personal- injury crimes and anal -rape crimes and oral inhalant -rape crimes as well as
nasal - inhalant rape crimes allegedly occurring during my sleep in a context in which I myself am ALWAYS
sleeping alone on a bed I own inside my bolt - locked apartment unit (I'm a longtime celibate gentleman who has
never myself participated in any form of sex anywhere in the entire world on any occasion or at any time since,
or including the day when, I moved into Wind River Crossing Apartments in northwest Austin in August of
2001, for instance), Apartment 325, a top -floor, vaulted - ceiling one - bedroom apartment, at Wind River
Crossing Apartments.
With a courtesy carbon -copy on all of this to two kindly cousins of mine in Iowa, Cousin Jim Dane and Cousin
Jack Dane, whose very kind staunch Republican mother, Aunt Allegra Dane of the Iowa City area, earlier this
year volunteered to me on the telephone, "We're proud to call you a member of our (the Dane) family." I deeply
regret that I was not able to afford to attend the very recent funeral service for Aunt Allegra, a very impressive
and inspirational dairy - farming relative of mine who passed away this year, that took place in the last several
weeks in the Iowa City area. I greatly appreciated Aunt Allegra's helpful advice to me on the telephone in recent
months that she felt that I should remain where I am in Austin, Texas, in order to get this matter resolved
relating to alleged personal - injury crimes victimizing myself on a daily and year -round basis during my sleep (I
snore during my sleep, and I've had factual evidence of my being subjected involuntarily by one or more alleged
intruders to inhalants during my sleep that keep me unconscious during one or more alleged intruders' alleged
rapes of and personal - injury crimes victimizing myself during my sleep, and I might add that many of my
nocturnal dreams of the last year and one -half inside my current apartment unit have related to the revulsion
and trauma I experienced from being subjected against my wishes to anal rape) inside my bolt - locked one-
bedroom apartment unit in Austin.
Thank you in advance for your very kind interest in this emerging news story in Austin, Texas.
Incidentally, I have written directly to U.S. President Barack Obama at his online website about this alleged
continuous rapes case in which I am definitely the victim on a year -round basis during my selep. So far, though,
President Obama has chosen against sending me a reply letter of any type. Nor has he asked the Federal Bureau
of Investigation to contact me and interview me about this alleged continuous - felony crimes case. I have been
very disappointed by the "do nothing" style of President Obma in regard to this felony -crime case in
which I am definitely the victim.
This case is particularly significant, I might add, because it appears to involve alleged hate crimes
victimizing myself by persons who exhibit antipathy toward the non - Christian and one - member (myself,
only, at present) Progressive Prohibitionist Religion, an "Honor Society" religion with very stringent
membership - eligibility requirements. I have given several televised speeches about my drinking-alcohol -
free and tobacco -free and law- enforcement - minded and anti - marijuana and implicitly- deistic (non -
atheist) religion on local community- access television here in Austin.
One Travis County Governemnt official here in Austin, Mr. David Ferris, Civil Probate Division
Director, did volunteer to me on the telephone in 2001, during a local phone call I made to his local -
government office from another apartment unit where I resided at that time with a roommate, Christian
Meza, in the two- bedroom Apartment 1638 of Building 16 at Wind River Crossing Apartments, "There
seems to be an attempt by numerous persons to drive you (John Kevin McMillan) out of the Austin area"
(approximate quote). Mr. Ferris has since declined to elaborate in any way on that very surprising and
unsolicited comment he made to me on the telephone in 2001.
Sincerely and Best Wishes,
John Kevin McMillan, a teetotaling and law- abiding and gainfully- employed (in restaurants only, these
days) former professional newspaper reporter who myself had a very fine accuracy record in my reporting for a
variety of general- circulation newspapers in Texas and other states. I'm also a certified direct descendant of the
Rev. William Brewster, head chaplain on the Mayflower and the first full -term Puritan Governor of what is now
the U.S. Commonwealth of Massachusetts.
My home address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342 -2295.
My Blog: http:// www. johnkevimncmillan.blog_sl)ot.com
- -- On Wed, 12/19/12, John McMillan <mcmi11anj@att.net> wrote:
From: John McMillan <mcmillanj @att.net>
Subject: 12 -19 -12 question for your Wind River Crossing management team
To: "WRC Asst. Mgr. Kara Stevens" <kara.stevens @westdale.com >, "Wind River Crossing GM Ann
Coker" <ann.coker @westdale.com >, "TWC Civil Rights Division Dir. Babiak"
<jonathan.babiak @twc.state.tx.us >, "Enrique Serrano" < Enrique .Serrano @austintexas.gov >, "Outback
Asst Mgr Nick Burton" <NickBurtonoutb @yahoo.com >, "Tara Long" <Tara.Long @austintexas.gov >,
"Yessenia (Denny's Lakeline)" <yessyl360 @yahoo.com >, "Denny's LakelineDebbie Bolton"
<irishdabo @yahoo.com >, "Jason Alexander (Asst. City Mgr. McDonald's Asst.)"
<jason.alexander @austintexas.gov >, "U.S. Dept. of Housing and Urban Devlpt (TX regional office)"
<TX Webmanager @hud.gov >, "Texas Dept. of Housing and Community Affairs"
<info @tdhca.state.tx.us >, "City of Austin Open Records Coordinator"
< public .information @austintexas.gov >, "U.S. Department of Homeland Security"
<private. sector@dhs. gov>, " Austin officeFederal Bureau of Investigation San Antonio Div."
<SanAntonio @ic.fbi.gov >, "Travis County District Attorney Rosemary Lehmberg"
< district .attorney @co.travis.tx.us >, "Texas Medical Board state agency" <verifcic @tmb.state.tx.us >,
"Travis County Sheriffs Office Paralegal Michael Lasorsa" <michael.lasorsa @co.travis.tx.us >,
"CountyJudgeSam Biscoe" <sam.biscoe @co.travis.tx.us >, "Travis County Intergovernmental Relations
Coordinator Eckstein" <deece.eckstein @co.travis.tx.us >, "Travis County Criminal Justice/Public
Safety Director" <roger.jefferies @co.travis.tx.us >, "Travis County DA's Office Open Records
Coordinator Nicole Waggoner" <ncole .waggoner @co.travis.tx.us >, "CountyAttorneyDavidEscamilla"
<david.escamilla @co.travis.tx.us >, " City of Austin (TX)City Attorney Karen Kennard"
<karen.kennard @austintexas.gov >, "Dallas County Attorney's Office"
< webmaster @dallascounty.org >, "National Board of Realtors" <customercare @realtor.com >, "Austin
Board of Realtors -Govt. Relations" <government @abor.com >, "Asylum AssistancePhysicians for
Human Rights USA" <asylum @phrusa.org >, "Austin Mayor Lee Leffingwell"
<lee.leffingwell @austintexas.gov >, "Patty Hummel" <pattyjhummel @hotmail.com >, "Ernie Motloch"
<kaml204 @aol.com >, "Dallas - Fort Worth Realtors Association" <communications @dfwre.com >,
"U.S. Marshals Service (Justice Dept.)" <us.marshals @usdoj.gov >, " Western District of TexasU.S.
Attorney's Office" <USATXW.Webmaster @USDOJ.GOV >, "U.S. Dept of Justice"
<ask.ocfo @usdoj.gov >, "Trevor Glynn" <trevorglynn @gmail.com >, "Austin City Manager Marc Ott"
<marc.ott@austintexas.gov >, "TravisCo. Health- HuServicesDir.SherriFleming"
<sherri.fleming @co.travis.tx.us >, "Travis County Sheriff Greg Hamilton"
<greg.hamilton @co.travis.tx.us >, USDeptofHealthHuServicesCivil Rights Office
ocrcomplaint @hhs.gov, "USDeptofflealthHumanServices" <ask @hhs.gov >, "Texas State Board of
Dental Examiners" < information @tsbde.state.tx.us >, "UT System Administraition Gen. Counsel
Francie Frederick" <frederick @utsystem.edu >, "Texas DPS Online Services Webmaster"
< webmaster @txdps.state.tx.us >, "Texas DPS Office of General Counsel"
<OGC.Webmaster @dps.texas.gov >, " TexasSecofStateExecutiveOffice" <secretary @sos.state.tx.us >,
"State Bar of Texas Exec. Dir. Michelle Hunter" <michelle.hunter @texasbar.com >,
investigates @kxan.com, "KXAN Investigative Reporter Chris Willis" <chris.willis @kxan.com >,
"KXAN Investigative Producer Joe Ellis" <joe.ellis @kxan.com >, "KEYE Investigative Reporter Lisa
Kelly" <lkelly @sbgnet.com >, "CBS News '60 Minutes' Editors and Reporters" <60m @cbsnews.com >,
"DallasMorningNewsState EditorMarkEdgar" <medgar @dallasnews.com>
Date: Wednesday, December 19, 2012, 12:08 PM
To: General Manager Ann Coker and Assistant Manager Kara Stevens, Wind River Crossing Apartments, a
very nice and well - landscaped and large northwest Austin apartment complex at 11411 Research Boulevard
that's reportedly owned and managed by the Dallas for - profit corporation Westdale. The office phone number
for Wind River Crossing's Management team: (512) 346 -1902.
December 19, 2012
Dear Kara and Ann,
The problem of an alleged illegal intruder or alleged illegal intruders subjecting me to alleged personal injury
crimes during my sleep and alleged anal rapes during my sleep inside my bolt - locked apartment unit has
continued on a daily and year -round basis ever since the spring of 2011. I might add that one or more alleged
illegal intruders have also victimized me and harmed my medical health by robbing me of hundreds of hours of
sleep ever since the spring of 2011.
The dramatic problem of my being awakened on my bed with pain and soreness in my anus in the middle of my
sleep on two or three or more times per night or morning began for me, oddly enough, the very first nighttime
period (that having been the early morning hours of Sunday, April 17, 2011) after my roommate at the time, the
self - identified "Sandjaja Utama," himself a self - identified "citizen of Indonesia," moved into Apartment 325 on
Saturday, April 16, 2011, as my Wind River Crossing management team- approved roommate who had himself
reportedly passed a criminal- background check that your management team had requested and obtained on
behalf of this apartment complex.
As I'm sure you are very aware, Mr. Utama moved out of Apartment 325 on May 31, 2011, and his name was
permanently deleted from my lease agreement with Wind River Crossing on that same day in 2011. I
myself have not spoken with Mr. Utama or ever once agreed to meet with him or have any involvement with
him of any type on any occasion after he moved out on May 31, 2011. Mr. Utama's "last words" to me shortly
before he moved out in May 2011, incidentally, included his oral statement to me inside Apartment 325 that
I myself had been "too polite" (exact quote of his words to me on that) to Mr. Utama as his strictly - platonic
roommate.
I have also very politely and emphatically chosen ever since May 31, 2011, to myself exclude "Sandjaja
Utama" from all aspects of my own life on a permanent and irrevocable basis (and the Austin Police
Department so far has advised me against sending Mr. Utama a rejection letter, with APD apparently indicating
to me that I could simply file a criminal -law legal alleged - harassment complaint against Mr. Utama if he ever
attempted to contact me at any time after his official move - out -date of May 31, 2011).
Your management team has helpfully assured me that the self - identified Sandjaja Utama is definitely
NOT AUTHORIZED to be anywhere on the premises of Apartment 325 at any time since he moved out in May
31, 2011,
I regard it as a noteworthy and alarming "coincidence," in any event, that the problem of my being awakened on
my bed in the middle of my sleep with pain in my anus has occurred on a daily and frequent (often three or
more times per nighttime for me) and year -round and uninterrupted basis ever since the early morning hours
of April 17, 2011.
Partly because of this continuing home security crisis inside my bolt - locked apartment unit, a crisis that is
triggering lots of medical bills for me, I plan to install a home - security system as soon as posible inside
Apartment 325.
I would like to politely ask your polite management team at this time if you would be willing to reduce my rent
due January 1, 2013, so that I could better afford to install that home security system for myself inside
Apartment 325 at Wind River Crossing. Otherwise, if you are willing to yourselves pay for a home security
system for my apartment unit, in view of the very out -of -the- ordinary and medically- injurious conditions I've
experienced during my bedtime hours in Apartment 325, I would be very grateful to your management team for
that.
Incidentally, one medical provider of mine, the kindly and concerned Dr. Stephen Collard at Castle Dental
Galleria dental clinic in northwest Austin, has very helpfully and very recently advised me during a dental
appointment I had with him that day that I should check with your management team at Wind River
Crossing, to find out if you have any requirements in regard to which type of alarm system and
accompanying electronic - surveillance system I need to have installed at my expense inside my apartment
unit. That medical provider informed me that some apartment complexes have requirements on that, and
that it is important that I choose a home security system that would meet Wind River Crossing's
requirements.
4
Also, I would like to take this opportunity to ask your management team if you are willing as soon as possible
this week to post one or more announcements on my behalf on the grounds of this complex that politely ask
other tenants here and visitors to this complex to please contact the Austin Police Department immediately if
any of those tenants or visitors to Wind River Crossing ever observe any person attempting to break into or
breaking into or otherwise illegally entering Apartment 325, a top -floor apartment featuring potted plants in
front of this unit, in Building 3 at Wind River Crossing where I live alone and I always sleep alone and I
NEVER have any invited early- morning guest inside my apartment unit after midnight.
That type of vigilant crime - deterrence- minded assistance from other Wind River Crossing tenants, and from any
visitors at this complex, could truly be a life -saver for me. That "Neighborhood Watch" -type assistance on my
behalf could hopefully then lead to the arrest of one or more persons accused of trepassing or attempting to
break into the apartment unit I rent, Apartment 325.
Finally, I need to emphasize to each of you that one kindly realtor in Austin has stated to me earlier this
year that "No matter where you (John Kevin McMillan) go (or stay) in Austin (Texas), you'll (John
Kevin McMillan) be getting raped (during your sleep inside your bolt - locked apartment unit)." That
kindly realtor also expressed sympathy toward me for what he cited as being extensive and
continuous violations of my own privacy rights and legal rights in Austin, Texas.
Ann and Kara, please let me know if you would like me to share with you the name of that first -rate
realtor, with his prior permission on that, as his honesty has been very helpful to me.
Thank you in advance for your helpful reply note on this.
Sincerely and Best Wishes,
John Kevin McMillan, a law- abiding white Northern European- ancestry (British- and German- ancestry),
honest, lifelong- tobacco -free, permanently- illicit -drug -free, permanently drinking- alcohol -free, tattoo -less,
jewelry -less, clean- talking (no profanity in my direct conversations with others), single adult gentleman tenant
at Wind River Crossing ever since August 2001. I might add that I am also a gentleman at Wind River Crossing
who myself has no criminal- conviction record, and who myself takes pride in being diligent about myself
promptly contacting law - enforcement agencies if I ever observe any evidence of any possibly suspicious or
possibly illegal activities occurring anywhere on the grounds of Wind River Crossing. As a former full -time
employee of three respective law- enforcement agencies in Austin (DPS, Board of Pardons and Paroles,
TDCJ) of the State of Texas, I take great pride in being vigilant in that way.
I myself have lived alone in Apartment 325 at Wind River Crossing most recently ever since the afternoon of
May 31, 2011, and I might add that I have also lived in Apartment 325 here on a continuous and uninterrupted
basis ever since January 2002. Immediately prior to that, I resided with a single adult gentleman I had not
known before who had advertised for a roommate, the self - identified "Christian Meza ", in the two- bedroom
Apartment 1638 in Building 16 at Wind River Crossing from August of 2001 through December of 2001.
Christian Meza moved out of Apartment 1638 because, according to what Christian Meza told me at the time,
his pet dog was "too big" to comply with Wind River Crossing managment team's regulations on the allowable
size of pet dogs.
I'm also one honorable tenant here who can state with complete and full accuracy that the only mornings I can
recall from the entire period since mid -April 2011 when I woke up on my bed inside my apartment unit
(Apartment 325) at the planned time (9 a.m., on those two days) and I immediately sensed that no illegal
intruder in my bolt - locked apartment where I reside had allegedly molested me or allegedly raped me or
allegedly subjected me to any personal injuries at any time during my sleep earlier that morning or the night
before, were September 3, 2011, and September 10, 2011.
I will always savor those two days, each of which were workdays for me at the Luby's Corporation -owned
Luby's Lakeline cafeteria near Lakeline Mall. One each of those two mornings in 2011, I reported for work at
11 a.m. on each of those two respective Saturday scheduled workshifts for me in September 2011. On each of
those mornings in September of 2011,1 also dutifully reported to my kindly work supervisor, Mr. Jerry Moore,
an Assistant Manager at Luby's who has politely mentioned to me that he is a former crime investigator for the
Harris County Sheriffs Office in Houston, that it felt truly wonderful to experience a completely unmolested
and uninterrupted and healthful and refreshing sleeping experience on my orthopedic Swedish bed inside my
bolt - locked apartment unit that particular morning! Mr. Jerry Moore at Luby's Lakeline has very kindly and
helpfully expressed interest in this alleged continuous felony personal - injury crimes and alleged continuous
anal -rape as well as gastrointestinal -rape crimes and unwanted - inhalant -rape crimes case in which I am
definitely the victim during my sleep on a daily and frequent and year -round basis, and I am very grateful to Mr.
Moore for that.
� 1- 1� ,,-- L/
�" "j ,.:.� � � I �" y-1 G / /y� C'��j � l f� � � U� 1 l�� �':� ►' l C �' � Y�
P0�
NO ORDINARY LAN , DFILL
By Mary Roy and Eileen Stegemann 3f(6)
Photos by James Clayton, unless otherwise noted
Clean, green solar energy. The last
place you might associate this with is a
landfill, but that's exactly what you'll fmd
in Madison, County, New York.
A visit to this rural site can be an eye -
opener. Located on a portion of a nearly
700 -acre solid -waste management site,
surrounded by rolling hills and farmland,
this picturesque setting contains a state -
of -the -art facility that uses a solar cap
to capture and produce energy. This is
cutting -edge technology and Madison
County Landfill is the first and currently
only municipal landfill in the country to
produce energy this way. Only two other
landfills in the U.S. have solar caps —a
private landfill in Texas and another
private one in Georgia.
After receiving a $228,000 stimulus
grant from the New York State Energy
Research Development Agency, Madison
County installed flexible photovoltaic film
panels over an acre of a closed portion of
its active landfill during the summer of
2011. The solar cover is capable of pro-
ducing approximately 40 megawatt hours
per year — enough to offset half of the elec-
tricity needed to run the recycling center
located on the site —and is designed to
produce power even in lower light, a
seasonal factor in upstate N.Y.
"By offsetting electrical needs at this
facility, the solar green energy provides a
significant benefit to the county," explained
Madison County Department of Solid
Waste (DSW) Director James A. Zecca.
"The stimulus grant funded about three -
quarters of the project. In -house labor for
the project totaled about $60,000 —a solid
'i
Madison County staffers explain how the solar cap works.
New York State Conservationist, December 2012 23
investment by local government during
tight economic times."
But sunshine isn't the only thing being
collected at Madison County Landfill;
they also collect methane gas, which
is turned into low -cost electricity and
heat. Methane is a natural by- product of
decomposition of organic solid waste in
landfills, and Madison County's methane
gas -to- energy project uses that gas to
power an onsite internal combustion
engine owned by a major waste man-
agement company. The engine produces
one megawatt of electricity— enough to
power 1,000 homes.
Not stopping there, the county also
captures and uses the excess heat from
this engine. The excess heat is piped
to the recycling center and two other
buildings at the DSW site to reduce
heating costs. Capturing the methane
produces energy 24 hours a day, 7
days a week, which benefits the county
and prevents the release of methane (a
greenhouse gas 20 times more potent than
carbon dioxide) into the atmosphere.
The county encourages other local
businesses to make use of the consistent
excess heat as well. In fact, a lumber
company located in Cazenovia, NY plans
to break ground next spring for con-
struction of two new facilities that will
use the landfill's heat: kilns to dry lumber
destined for furniture and flooring; and a
Top:To constrjact the Madison County Landfill
C,.:
gas-to- energy facility, the county received a
$998,000 grant from the U.S. Department of
Energy; the rerhainder o(the $3 million total
cost'was paicfby the p yate waste manage-
ment companj whic)i owns the internal com-
bustion engine.;Madison.County DSW crews
provided some of the labor to install pipes.
Bottom: Most electricity generated by the
engine in the gas -to- energy facility is sold to
the grid. The county receives revenue from the
sale of methane which fuels the engine.
hydroponic greenhouse operation. NYS
Empire State Development awarded
the company a S 150,000 grant for con-
struction of these facilities.
park would be situated on almost 150
acres of landfill property, and would o
the opportunity to diversify the busine
base in the county.
... $ � _I ktic., sustainable approach
-oo econo tic devclopi -ne nt..
By building such partnerships with
local businesses and municipalities,
Madison County is planning to "grow"
an Agricultural and Renewable Energy-
based Business Park (ARE Park). The
The foundation for some enterprises
the ARE Park could be the available lc
cost, green- energy base. Future busine,
prospects include a construction and
demolition waste recycling operation,
24 New York State Conservationist, December 20
Landfill gas (methane) is collected through a system of pipes and then used to produce green electricity. Tire chips are stockpiled (in background) for
future landfill liner drainage.
an innovative technology that converts waste plastics into their
base petroleum ingredients. The conversion of waste plastics
would reduce disposal of bulky material at the landfill— thereby
prolonging the life of the landfill —and also create valuable fuels.
"These green initiatives demonstrate Madison County's drive
to have a holistic, sustainable approach to economic devel-
opment and the betterment of our community," said Kipp Hicks,
executive director of the Madison County Industrial Devel-
opment Agency.
Everyone involved in these green projects in this rural county
(population: 73,000 people) agree that partnerships are key to
success. Collaboration has meant pooling resources and virtually
reaching out to shake the hands of the business and academic com-
munities as well as other government entities. Building strong
public /private and government -to- government partnerships has
resulted in energy production from a landfill, energy savings for
county government, and grant awards to further business inno-
vation that are beneficial to Central New York.
At a time when alternative energy sources are being sought, and
green space is highly desired, Madison County's innovative energy
projects may make people rethink what a landfill can be.
Mary Roy works in DEC's Division of Materiak Management.
Eileen Stegemann is assistant editor.-of. Conservationist.
Acknowledgment.- The authors wlsh to thank the Madison
County Department of Solid Waste and' _tile Industrial
Development Agency for theiras�istance in providing informa-
tion for the article.
25
Marian Karr
From:
Tom Markus
Sent:
Friday, December 28, 2012 10:11 AM
To:
Marian Karr
Cc:
Rick Fosse; Dave Elias
Subject:
FW: Council correspondence
Please add this to the article and handwritten note that was previously submitted as council correspondence. By copy
to Rick and Dave I am suggesting that they share a copy of Dave's analysis with the citizen who submitted the article.
From: Dave Elias
Sent: Thursday, December 27, 2012 6:11 PM
To: Tom Markus; Rick Fosse; Jennifer Jordan; Brenda Nations
Subject: RE: Council correspondence
FYI regarding the article on the NY Landfill alternative energy projects:
Details gleaned from the article:
The cost of the solar project was apparently about $305,000 for installation. The project is said to produce 40
MWhrs, which is equal to about $26,000 per year at Iowa City rates. Overall about a 12yr payback, except a
grant covering 75% obviously cuts that down to 3yr or so on direct costs to the landfill.
The Landfill gas project cost was about $41VI, with a $11VI grant, to generate 1 MW of electricity
annually. (Usually this means a generator making 1MW at any moment, so that would be 8,760 MWhr /yr with a
value of about $482,000/yr at IC residential electric rates. Local utilities have proposed paying us more like
$250,000 per MW. So the NY gas project on its own would have a payback period of about 16 years. (Not
counting grants or a residential rate. NY utility rates are probably higher too.)
Our experience in planning such a project is that the switch gear itself, to tie to the power company, is about
$1M. No doubt the NY landfill built this to go with the gas project. Without the switch gear in place, the cost of
the solar project may be doubled.
Incidentally, the Iowa City Landfill is currently generating the equivalent of 2 MW as landfill gas.
Our discussions with Fiberight could lead to an even more efficient use of the gas as a "combined heat and power"
project. (Similar to the NY renewable energy business park idea.) Fiberight has proposed to use an "innovative
technology that converts waste plastics into base petroleum ingredients" as well. They would utilize anaerobic digestion
in the process also.
The use of Landfill gas has been something we have pursued for more than 7 years now. There have been three
impediments to nailing down a project - there are no nearby customers to use the energy, the UI project was too
expensive to stand on its own, without grant money, and the local utility has not been interested in paying an
appropriate price for generated power.
The bottom line: the landfill gas has great potential, solar power is probably not economically viable presently, we need
an effective partner, and grant money always helps. O
D.we El:"
Iowa City Wastewater/ Landfill
319 - 887 -6106 office
319 - 325 -1809 mobile
- - - -- Original Message---- -
From: Tom Markus
Sent: Thursday, December 27, 2012 10:30 AM
To: Rick Fosse; Jennifer Jordan; Brenda Nations; Dave Elias
Subject: FW: Council correspondence
- - - -- Original Message---- -
From: Marian Karr
Sent: Thursday, December 27, 2012 10:23 AM
To: Tom Markus
Cc: Geoff Fruin; Adam Bentley
Subject: Council correspondence
Will be on January 8 Consent Calendar
** 300 pages-'archived in meeting folder but not available at this time;
Pages will be available on City Council website when folder is finalized.
Marian Karr o1
From:
Sent:
To:
Subject:
Attachments:
tony barino <barrinotony@g mail. com> 3f
Sunday, December 23, 2012 11:32 PM
Council
Fwd: 247 COMMUNICATION TRILSEN - HOT MESS 247 -- PROLIFERATION - LIBERATION -
WHERE THE THE GOLD - DOE - -FRUAD IS SICKENING POLITICAL GREASER -- CLINTON
V JONES
21170- 247 1 OBAMA- GIETHNER FEDERAL TORT INTERCOURT CONLFICT- MAGNA
CHARTER.docx; BENJAMIN AT 1.docx
---- - - - - -- Forwarded message ---- - - - - --
From: tony barino <barrinotonyna,gmail.com>
Date: Mon, Dec 24, 2012 at 12:29 AM
Subject: 247 COMMUNICATION TRILSEN - HOT MESS 247 -- PROLIFERATION - LIBERATION -
WHERE THE THE GOLD - DOE - -FRUAD IS SICKENING POLITICAL GREASER -- CLINTON V JONES
To: councilncharlottesville.org
,see: 0 BAYLOR LAW REVIEW. COMMENTS. ARTICLE 827a -A REITERATION OR
REPUDIATION. OF NEGLIGENCE PER SE. Is an issue of negligence essential...
HOTOP AT 24/70,' MESS -- ' +HOT DOC UP 4
( D[B]arron v Marusak, 359 S.W. 2d 779 (Civil Court of Appeals; Austin, Texas 1962) )[a] magistrate court's
reiteration N
IN THE
UNITED STATES DISTRICT COURT
FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL NO. 3:11 -cv- 00247- GCM -DCK
Tony Barrino
Plaintiff / Pro Se
Department of US Treasury
Timothy Giethner
Barack Obama
Respondents
MOTION to TRANSFER VENUE
THIS MATTER is before the Court by the Plaintiff for a "Motion to Transfer Venue" on this
day as soon as Magistrate Judge is available. (citing) Sanders v Sanders, 63 Wash. 2d 709,
719, 388 P. 942 (1964). In Forma Pauperis within the statutes of limitation of 28 USC 2462.
This motion is a request to redirect the judicial azimuth; still requires the administrative process
to be exhausted. (citing) Free v. United States, 879 F.2d 1535,1537 n.l (7th Cir. 1989).
NCWD - INTERDISTRICT COURT CHOICE OF LAW OVERVIEW
"Appealing the Interesting Conflicts In Popular Political Pursuits"
"Original Amnesia" in the Original District Court Orders
VULNERABILITY OF PROLIFERATION
17 Op. Att'y Gen. 184, 187 (1881) "Clean up doctrine" of magistrate court can establish in
fact that there is construction given to [the Act] by the District Court was erroneous and prematurely
closed in 3:11 -cv- 00247. There availability of the alternative grounds before magistrate in the
difference of the Western District of North Carolina, Charlotte Division. The Plaintiff is further
advancing, petitioning and contends to the court on matters of general law. The motion begins to run
on matters of the litigation relations back in the original district entry date disposing all inactive order in
this Western District Court; Charlotte Division and 4t' Circuit Court of Appeals by the last such motion
requested to act requested by Plaintiff on October 1 I`h, 2012 dating on submitted requesting action since
2011. Federal Rule of Appellant Procedure Rule 4(a)(4)(A). The underlying submitted narrative
articulation is an all possible situation in which Plaintiff/Pro Se rejection be the following action for
transfer would be deemed reasonable pursuit to encourage the suit . It difficult to avoid litigation the
magistrate court can reasonably construe there are serious problem in the underlying matter narratively
articulated. The reason for this transfer is due to haw this case was interpreted ambiguously without due
process exhaustion. The entire original complaint, supplements, petitions and motions where not
analyzed on the substance of narrated requesting action for diligent appropriate relief. The original district
court and en banc where empathetic to it pleading and this action for further proceed is discerning
unchecked discretion. The underlying original complaint was to correct and prevent given a reasoned
determined. This motion for transfer of venue is to keep the entire litigation to best constitutional ability
in the straightened path. Obriecht v. Raemisch, 517 F.3d 489, 493 (7th Cir. 2008) [A]nother court
would embrace all the factors rooted in process values. The entire complaint and petition conveys in the
continuance to pursue untoward very undesirable consequences. The Plaintiff's narrative submission is
not prophecy, colored nor frivolous as it sets. (quoting)(citing) Weyhrauch v. United States, 130 S.
Ct.2971 (20 10) The district court has inadequate justification to "abandoned a doctrine." This case has
a profound disagreement from a constitutional source it is entitled to other independent judgment
on all underlying matters of general law. Article III "The unconstitutionality of the course is again
being pursued" to correct unfairness in the predicament and correct the mistakes; rightful determinations
would have pursed inquiries due to the elements issue further in storms suspicious things danger may
defraud also inter alia. The Plaintiff in following discussing grounds, "has a legitimate reason to
doubt, this case orders would have been decided the other way." Id. § 1294 ( "[A]ppeals from
reviewable decisions of the district and territorial courts shall be taken to the court of appeals for
the circuit embracing the district United States v. Rybicki, 354 F.3d 124, 155 (2d Cir. 2003)
(Raggi, J., concurring) United States v. Milovanovic, 655 F.3d 1106 (9th Cir. 2011). This motion
discussion and absolving formulation reiterates affirmatively that objective reasonableness in
correction and prevention is constitutionally and statutorily necessary. There is a possibility of
appellate review of trial court determinations is rightfully thought to "correct unfairness and
mistakes" (quoting)(citing)Roscoe Pound, Appellate Procedure in Civil Cases 3 (1941). in this
jurisdiction like most other jurisdictions a Plaintiff is guaranteed only one appeal as of right without
political influenced obstructions. § 1292(b) (allowing district court judge to request review of
otherwise non - appealable order). [An] appeal was not permitted by law as of right from a district
court to a court of appeals. (quoting)(citing) United States v. Walker, 915 F.2d 1463, 1465 (10th Cir.
1990) (quoting)(citing)Flanagan v. United States, 465 U.S. 259, 265 (1984) There might be
tactical reasons why the Respondents does not want a trial. This action as Plaintiff/ Pro Se a litigant
files a postAudgment transfer action motion in this district court "[A]ppeal of right furthers
the substantive goal of a correct decision in every case. "[A]ppeal of right is also rooted in
process values. The constitution is committed to arrive at decisions correctly, in a manner that
assures that litigants are, and feel they are, treated fairly." ( quoting)(citing) In re W. Iowa
Farms Co., 135 F.3d 1257, 1259 (8th Cir. 1998) ( "In most cases, including the most important
civil and criminal litigation, litigants have only one appeal as of right, from a district court to a
court of appeals." All] motions, supplements were timely under the Federal Rules of Civil
Procedure filed and served in this district court by the Plaintiff. The time for appeal for the
Plaintiff shall run from the entry of the order that is denying any such motion was wrongful. In
Re: Mayer, supra note 16, at 2 Firstier Mortg. Co. v. Investors Mortgg, Ins. Co., 498 U.S. 269,
273 n.1 (199 1) (quoting Rule 4(a)(4)) Marek v. Chesny, 473 U.S. 1, 5 (1985); accord Delta Air
Lines, Inc. v. August, 450 U.S. 346,352 (1981) (noting that the purpose of Federal Rule of Civil
Procedure is "to encourage the settlement of litigation "); Id. at 379 n.5 (Rehnquist, J., dissenting)
In Re: Swenson, supra note 86, at 121 -22 "The district court judge has wide discretion in
deciding to publish an opinion, unmatched even by that of the circuit judge. [T]he district court
judge's decision to publish is unconstrained by external rules, oversight, or pressure from
colleagues." (quoting)(citing) Plessy v. Ferguson, 163 U.S. 537 (1896). The original orders that
inactive are not valid they are judicial betrayal with applied investigative exhaustion in keeping
legitimate jurisprudence in the examination of a financial institution. There is certain fact of
administrative problems that have not ignited the storms of inquiry for the Plaintiff/Pro Se estate
and monetary account recovery. [Mercer v Lence] This Motion to Transfer Venue or readdress
the would attest untoward the ignorance of a first simplified [42 USC 1983].Lattman, Fraud
Ruling, supra note 17. Jones v .Tones The Respondents are clearly causing a conflict interest
that is depriving and conspire against the Plaintiff's implied civil rights. 18 USC 1512(c).
[Jones v Jones] Oneida Indian Nation v County of Oneida, 414 U.S. 661 (1974) Barret v
United States,798 F. 2d 565 [at12]
BACKGROUND
(citing) United States v Powell, 379 U.S. 48 (1964) 17 Op. Att'y Gen. 184,187 (1881). The case
as it sets is developing and re- committing with a narrower remedial action necessary for
affirmative civil action against the Respondents. (citing) Hickman v. Taylor, 329 U.S. 495
(1947), The Plaintiff wishes to hold in the matter the remaining aspect of the dispute and
controversy, The previous submission where not ambiguous and there where clear. The Plaintiff
has sufficiently articulated specific issue in the element and has complaint as well as petitions
conveying particular allegation in concern of the Respondents/Defendants representatives of US
Treasury. The Plaintiff in this motion is also in the protections of the 5th Amendment and wishes
to withhold outside facts of this situation until the Plaintiff has Article III opportunity to finish
the issue before a jury. The submission to the courts should understand this is complex litigation
with various perspective and many tiaras that must weigh in the balance. The Plaintiff since 2010
is likely to proof in an ample examination in a financial institution. 18 USC 1001.
The 4th Circuit's district and appeals court must amend and reverse all orders of inaction by
constitutional conscience intervention. This motion is within statutory of limitations. 28 USC
2462. The generous manner in which courts construe pro se pleadings is not limited to giving the
pleaded facts their maximum effect. (citing)(quoting)Burgos v. Hopkins, 14 F.3d 787, 790 (2d
Cir. 1994) The Western District of North Carolina, Charlotte, Division and 4th Circuit Court of
Appeals, Richmond, Virginia 2011- 2012 have not taken the materiality submitted between both
court in constitutional seriousness "[the pro se party's] supporting papers liberally, and will
interpret them to raise the strongest arguments that they suggest. ") The Respondents where not
exonerated the court are commuting prematurely culpability of a legitimate litigation.
The original complaint should have dismissed in the examination of financial institution.
The Plaintiff requesting action to resolve was October 2012. The Plaintiff/Pro Se has submitted a
course of jurisprudence and set of facts in support of his claim which would entitle him to relief.
In Re: Hughes, 449 U.S. at 10.The particular allegation and issues of Plaintiff are constitutionally
weighed first and weighed as truthfully right accountable on the recorded submissions to the honorable
district court. Since 2011 -2012 The Western District Court of North Carolina, Charlotte Division
and 4th Circuit of Court Appeals the power of politics that might usurp, unduly procure and
where political may causation of exaction must absolve the adversity before a jury, ingredient
and magnitude of conflicting controversy should not show jurisprudence antipathy. The concept
of deliberate ignorance (also referred to as "willful blindness" or "conscious avoidance ")
generally provides that "if [a Respondent ] has his suspicions aroused but then deliberately omits
to make further enquiries, because he wishes to remain in ignorance, he is deemed to have
knowledge. " (quoting)(citing)United States v. Prather, 205 F.3d 1265, 1270 (11th Cir. 2000)
(quoting)(citing)United States v. Rivera, 944 F.2d 1563, 1570 (11th Cir. 1991)).
The Plaintiff/Pro Se generalized recognition and application in common laws of trust, bank
financial and beneficiary law under certain circumstances, the knowledge element of a fraud
statute may proved by demonstration of deliberate ignorance. Cobell v Norton (citing) United
States v. Epstein, 426 F.3d 431, 440- 41(lst Cir. 2005) is `traditionally liable' for such
payment. (quoting) (citing) United States v.Blum, 858 F.2d 1566, 1570 (Fed. Cir. 1988)
"extending liability" to the Respondents in this case achieves the public policy goals. "Although
not susceptible to precise definition, `clear and convincing' evidence has been described as
evidence which produces in the mind of the trier of fact 'an abiding conviction that the truth of
[the] factual contentions are "highly probable. " "The record need not contain direct evidence. .
that the Respondents deliberately avoided knowledge of wrongdoing; all that is necessary is
evidence from which the jury could infer deliberate avoidance of knowledge." (quoting) (citing)
United States v. Whittington, 26 F.3d 456, 463 (4th Cir.1994) Since 2011 the entire litigation
has not been given a just due regard in concurrent long — arm jurisdiction in the Western District
of North Carolina, Charlotte Division nor in the 4th Circuit Court of Appeals, Richmond. The
judges are out of step without correcting issue on the merits variables to determine their impact
on known facts of white collar improprieties are going uncontested or unnoticed is increasing
the difference of consistency where the government disparity may break the law versus similar
non - government nature or apply even handed pursuit as to similar characterized lawsuits.
[White Collar Crimes Penalty Act 2006] (citing) Halberstam, 705 F.2d at 478.
PROCEDURAL HISTORY
AND JUSTICE FOR ALL RICO AS REMEDY WHERE MONEY IS TRACEABLE
"Upside Down Initial Action — Wrongful Dismissal Grounds "
17 Op. Att'y Gen. 184, 187 (1881) The Plaintiff is making efforts to cure and clarify the
judicial proceedings or the "natural and probable effect' of interfering with the due
administration since of justice." on this date has no opportunity to be heard in the district court
Id. at 599 -600 Aguilar, 515 U.S. 593, 599 (quoting) United States v. Wood, 6 F.3d 692, 695
(10th Cir. 1993)In so great the prejudice dismal inaction since October 11, 2012.
The Respondents actions are in the general knowledge of this district. The litigation is known to
be egregiously charged politically conjecture in the subject matter of jurisdictions is estate and
financial bank issue. The political charge is also positional duress minas. "With Prejudice" is
inadvertent complication that germinate corruptly with the specific intent to obstruct or impede
the proceeding in its due administration of justice. Affirmative and Causal connection is a
dangers thing that renders the financial litigation unduly fatal. Moreover, The original complaint
submitted in early 2011 should have be given more interest in exam due to the facts and merits
has money as well as estates effect clearly mentioned. The en banc petition that followed in
4th Circuit Court of Appeals is well pled that reasonably expected due to process in the safety or
concern for the Plaintiff's recovery of those assets. The Western District of North Carolina,
Charlotte Division did not recognize the exhaustion in the examination that was clearly
statutorily required to avoid injustice of the 16th Amendment and 9th Amendment. United States
v Holzer "recognize possible legal causes of action suggested by the facts alleged in the
pleading, even if the pleading itself makes no mention of such causes of
action "(quoting) (citing)Fiore v. City of New York, No. 97 Civ. 4935(WK), 1998 WL
755134,at *1 (S.D.N.Y. Oct. 26, 1998) This Motion for Transfer to the District of Columbia is
due to the fact original complaint, en banc and all entailed motions as where meant to apply as
pursuant against the Plaintiff imperatively due the ultimate fact the information raised a host
problems. There is clear course of action that is reasonably rely in the understanding of un
ethical exploitation indicators of objective reasonableness where not implicated due to
assumption. Moreover, assumption of frivolity, vexatious and malicious lawsuit filing is
repugnant to the initial complaint's articulation that speaks a legitimate problem now
compounded inter alia. This motion for transfer is requesting a generous and neutral manners
of the Western District of North Carolina, Charlotte Division and 4th Circuit Court of Appeals;
Richmond, Virginia. There is crime on the recorded in both courts there is sufficient description
and pattern that raise this lawsuit to a superior court if this was the necessary and efficient
improved dialogue that exhausts for real remedies benefitting a lawful Plaintiff/Pro
Se .(quoting)(citing)Karim- Panahi, 839 F.2d at 623 [A] understanding would be shocked in
realization the closure and inaction clearly deficient that should have cured imperatively
amended in en banc court. (quoting)(citing) Heck v Humphery's, 512 U.S. 477, 487 (1994) The
orders of the Western District of North Carolina and 4th Circuit Court of Appeals should be void
due to fact the Writ of Certiorari in the US Supreme Court is within the statutes of limitations is
good enough in standard of review to immediately reverse coinciding with the ruling of this
magistrate and district judge first. Heck v Humphrey [A] reasonable would relax the statue of
limitation due to the Plaintiff is experiencing evil political charged zeal unduly where money and
estate is substance of the problem. All orders rendered in this district court and appeals can be
valid due to the fact they are in totality are a affirmative and casual connection conspiring against
42 USC 1983. The frivolous with prejudice with examination in the financial institution in the
original complaint are justified to be firmly objected and reasonably reversed by [a] magistrate
judge or dialogue a new panel in the difference opinion by Western District of North Carolina
United States v Holzer "[a] first judge's engaging concert of political frolic of his
own "(quoting)(citing) United States v Heliczer, 373 F. 2d 241, 245 (2 "d Cir. 1967)Younger v
Harris The Respondents action is causing a conflict from a geopolitical to there advantage and
stands to reason to transfer this lawsuit due to underlying torts as agent representative of US
Treasury under political color office where not acting as an where not entitled to a dismissal by
this court. The original dismissal orders of this district court is collateralizing political disparity
that will proliferate causing an undue loss due to the displacing and arbitrary imposition of this
court orders inactive. Galina v INS Transferring or by a new trial is a justifiable resource to
avoid elementary civil gaps in trust, administrative, beneficiary and bank that statutorily favor
the Plaintiff first in the legal priority of the matter as they set under judicial microscope.
The Western District of North Carolina and 4th Circuit Court of Appeals orders without action
since 2011 -2013 are unconstitutionally unpersuasive in common tort law where money and
estate may be motive of dangers things in arbitrary political charge should not earn any more
continuum of opportunity in pecuniary harm to the Plaintiff. The Respondents are conspiring
against an innocent estate heir or beneficiary heir effects in the Estate of Washington, George;
Mt. Vernon, Virginia. Jones v Jones The agent of orders inact knowing consequences and with
implied suppression in so great the prejudice. Kingslow v Treasury Article IV objects to the
suppressive inaction of the first order and subsequent orders of this court.
(quoting) (citing)United States v Tillem, 906 F. 2d 814, 821 (2 "d Cir. 1990)
(quoting) (citing)People v Gonzalez, 800 P. 2d 1159, 1176 (Cal. 1990) The Respondents as
agent are unreasonably retain as adverse possession with affirmative and casual connection with
this court where the order of this court unpersuasive and are not the proper valid absolve from
their consequences. Force or Fraud In Re: Halberstam, 705 F.2d at 484 endorses minority
position indifference of opinion by a magistrate. There are unconstitutional issues dually
reaching the opposite conclusion by a more clear and more truer guides of procedural in which a
Plaintiff would not vulnerable exaction nor coercion. The original court order in dismissal or
inaction is unconstitutional commuting the Respondents torts they have committed charted on
the court record since 2011 inter alia. United States v Tweel The Respondents are deceptive
exceeding axiom of common trust and tort law. The Respondents, as agent representative of US
Treasury. The assertion against Plaintiff personal political reckless indifference. This action for
transfer is effort avoid, remove, reduce and strike down disparity in situation.(quoting)(citing)
Levowitz v Cunningham, 431 U.S. 801 (1977) (citing)(quoting) Ragland, supra note at 36,
172 -75
[United States v Veal ] (quoting) (citing) United States v Parker, 165, F. Supp. 2d 431,467
(W.D.N.Y. 2001)(quoting)(citing)United States v Pledge, No. 01 -4624, 2002 WL 31689434,
at *1(4th Cir. 2002)
INTRODUCTION OF Pro Se BEFORE THE MAGISTRATE
"Non Obstante Verdicto without jury query verses Judgment In Rem"
Federal Rule of Civil Procedure Rule 60(b)(6)(citing) The Respondents are not entitled to
previous judgment orders in this court record as they are ordered as a matter of law.
Wallace v. United States (C.C.A.2d, 1944) 142 F.(2d) 240, cert. den. (1944) 323 U.S. 712.
The US District Court and 4th Circuit Court of Appeals should not obscure the interpretation of
the lawsuit. This lawsuit has serious wrongdoing. The atmosphere of the federal claim and issue
is intentionally due to the Respondents evil egregious zeal to contrarily impede the transfer of
estate to the lawful beneficiary as well as the money deposits set aside by the US Treasury for
the Plaintiff to take sole control as to the intended possessor and claimant. Community Party v
Control Board, 367 U.S. 1 (196 1) in the examination of a financial there is underlying matter of
insider abuses that is adversely detrimental where official as Respondent are the lawbreaker.
Shamburger v Behrens, 418 N.W. 2d 299, 301 (S.D. 1988) the concealment of all matters
facilitate a modalities to keep the court out of constitutional step to recover estate, monetary
assets and other effects of estate out the reach of court as well as the Plaintiff. Loumiet v Office
of the Comptroller, No. 10 -1288 (D.C. Cir. 2011) Virenda Raiput v City Trading, No. 10 -15405
D.C. Docket No. 1:10 -cv- 21654(1 lth Cir. 2012) The Plaintiff in proposal before the Honorable
Magistrate in lieu of previous orders of this honorable court void, reverse or move the entire
litigation in the District of Columbia as independent action. it is not judicial mischief supportive
intervention for the Magistrate of Western of North Carolina to intervene and compel redirected
due process imperatively. The record before the honorable court is formulized according issue
that are reasonable foreseen as torts to readdress for the court to have an adequate viewpoint of
issues.
(quoting)(citing) TEC Engineering Corp v Budget Molders Supply, Inc, 82 F3d 542, 545 (1st
Cir 1996) (discussing the importance of creating a record adequate for review); This motion for
change of venue is necessary to preserve all issue and merits of the matter involved for a new
trial to recover and claim said accounts as well estate entailed property.(quoting)(citing)
Porterco, Inc v Igloo Products Corp, 955 F2d 1164, 1173 (8th Cir 1992) The narrative
description of the problems where strong and clear enough for the honorable Magistrate Judge to
readdress the entire situation that was prematurely dismissed there has been no fact at this point .
(citing) In re Fordu, 201 F3d 693, 710 (6th Cir 1999) (citing) Abatie v Alta Health and Life
Insurance Co, 458 F3d 955, 973 (9th Cir 2006) United States v Holzer, 816 F. 2d 1014(7th Cir.
1987) The must be essential fact finding of Respondents actions and conduct in accordance
fiduciary law, banking and administrative trust law before the resolution of this case. Newsome v
Treasury, 2009- 30199(Fed. Cir.). still requires the administrative process to be exhausted:
(citing) Free v. United States, 879 F.2d 1535, 1537 n.l (7th Cir. 1989) The presented
materiality submitted by Plaintiff is sufficient in particular allegations to readdress the suit as
set in the eyes of the court. (citing) Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 598
(1978). [Clinton v Jones]
Opening Statement Complex Litigation
(subject- matter, inter alia)
COMES NOW the Plaintiff as pursuant files this Motion now ripe for full consideration of
argument before Magistrate Judge. This dispute is submitted before Magistrate Judge in the
statutory provision of 28 USC 636 (b)(1)(B). The Plaintiff prays to "open the gates to court" in
the applicable and enabling constitutional authority provided by the Ninth Amendment.
Armstrong v Treasury, 2009 -3155 (Fed. Cir.) is untoward losses by unreasonable retention; in
the failures to access the court in federal claims suit. This lawsuit has serious wrongdoing has
enough fruit as this sets before the courts "intentional actual effects that will not deplete in its
futures ". (citing) 1 L. Jayson, supra note 16, § 51. in grey areas of immunities previous court
order where unduly implement administrative government procedure where not justified as they
appear. Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004)causing dismal inaction is compounding
torts to be concealed within the previously presented narrative materiality. (citing) Phillips v.
United States, 792 F.2d 639 (7th Cir. 1986). The Ninth Amendment is the constitutional
acceleration that discern and is untoward any court orders or invisible executive orders initiated
to offset the judicial mechanics keeping this suit out of constitutional step. Moreover, acts of
Respondents in effect makes difficulties and court orders of inaction enhance the infection of this
lawsuit. The Plaintiff should have had already a main event before jury or hearing within this
circuit's district imperatively. There is unconstitutional reluctance where money is traceable
with aggravating torts. (citing)United States v. Muniz , 374 U.S. 150 (1963) to do justice to
those who suffered injuries or losses through the wrongs. The courts orders are ripe to redress
on sound reasoning and competent grounds that make transfer of venue a sound decision to abort
a maljustice so that responsibility of torts describing in the narrative articulation within entire
complaint and petition can be reanalyzed for appropriate relief and proper disposition.
The motion to transfer venue is a neutral request in amicable action at law before the honorable
Magistrate Judge. (citing) Bivens v. Six Unknown Named Agents of the Fed. Bureau of
Narcotics, 403 U.S. 388 (1971) The totality of underlying matter exceed the parameters of the
US Constitution that is dangers of financial loss coupled in the summation of torts as pecuniary
that weigh enough on impropriety of the Respondents that must move to sue imperatively or
transfer to the District of Columbia without prejudice in forma papueris before the Magistrate
Judge in the Western District of North Carolina; Charlotte Division. (citing)Wolff v.
McDonalds, 418 U.S. 539, 579 (1974) (citing) Johnson v. Avery, 393U.S. 483, 485 (1969) On
the on grounds and reasonable reliance the issue are further discussed below in explanation that
attest to requirement for new trial in changed venue, noting before Magistrate pleading matter of
entire complaints and petition are not disposable. The money in controversy, estate land and
compounding the torts complaining cannot be constitutionally surrendered nor conceded with
due diligence of process in keeping with administrative law Oneida Indian Nation v County of
Oneida,. 414 U.S. 661 (1974).(citing) Keech v. Sandford, 2 Eq. Cas. Ab. 741, Cas. Ch. 61, 25
Eng. Rep. 223 (1726). The motion to transfer is justifiable to reinterpret issues within the
specific elements in a elementary fundamental case involving trust law concerns also.
(citing) 1 L. Janson, supra note 16, 4 51. Current orders of the court contrarily impede the
transfer of estate to the lawful beneficiary as well as the money deposits set aside by the US
Treasury for the Plaintiff to take sole control as to the intended possessor and claimant. The
Petitioner /Plaintiff has enough fruit as this sets before the courts (citing) Lattman, Fraud
Ruling, supra note 17. Federal Rules of Civil Procedure Rule 63 must not excuse the
magnate applications of the Ninth Amendment. (citing) Phillips v. United States, 792 F.2d
639 (7th Cir. 1986) nature of the case or duress minas in whole as a matter of description is
plenary positional duress and encroachment of persons. [ Kingslow v Treasury] The Plaintiff
has incurred [a]conflict due to money deposits, effects of estate and an estate land property
governed by US Treasury Regulations. There is tortuous issue that need a renewed and
reapplication of redirection within the meaning of Article III. Cobell v Norton, No. 03 -5314
(D.C. Cir. 2004) dismal action is compounded by executive order suppression that is fatal to the
lawsuit and negates a reasonable pursuit to purge all money, effects of estate as well as estate
land in reasonable exhaustion. (citing) United States v. Carolene Products Co. 4 U.S. 144
(1938). Access to the court should been granted for the absolve on first impressions of a jury to
settle beneficiary matters that should have already transferred in possession of the Plaintiff. The
Respondents are hostile and anti -court the substance that is sustainable and revivable against
adverse possession of Respondents in the suppressive act. United States v Braasch, 505 F. 2d
139, 150 -51 and n.7 (7th Cir. 1974). Motion for Transfer is improving the interest of the court
where is there is an obvious breakdown judicial mechanics the potentiate the hostile or adverse
possession that is unqualified and unreasonable retention. This motion for transfer to the D. C.
District may ascertain better in purging matter by advancing against statutory and constitutional
ignorance that deprive the Plaintiff the asset of properties as a lineal beneficiary. Jones v Jones,
234 US 615 (1941)(citing) Griswold v. Connecticut, 381 U.S. 479 (1965) The acts and facts
issue have introduced to the court as they set before should be afforded a revived advancement
to discern the suppression by the Respondents. The legitimacy and merit of entire issue
supersede the court order, the issue and complexities is sufficiently well -pled enough to ascertain
and purge the property wrongfully withheld by Respondents. (citing) Huddleston v. United
States, 485 U.S. 681 (1988). The Pinkerton Liability is administrative persuasion to guard
accidental loss in the greys areas of government agents as Respondent egregious modalities
that is proximately causative of any loss and specific damage or specific injury that has also been
incurred in the dormant inaction of entire complaint. Title 5 the Respondents are warring against
the Administrative Procedures Act and warring against the Ninth Amendment holistically
(citing) 1 L. Janson, supra note 16, 4 51. United States v Burkhalter, 1991 U.S. App. LEXIS
29282 (10t' Cir. 1991). Transfer to the District of Columbia venue is more suitable justifiable
amicable diligence to abort further loss and abort further injury that may be incurred due to
onset of egregious operations outside Article II Corruption Clause adversely impacting the
Plaintiff as innocent lineal beneficiary of estate and depository account holder adjoined in the
Estate of Washington, George Mt. Vernon, Virginia. Moreover, the bank law and fiduciary law
can diffuse any overacts that may foreseeable issues deemed as capricious predication or duress
minas entailed in the matter within the District of Columbia federal court circuit.
Halberstam v Welch, 705 F.2d 472 (D.C. 1983) The merit in the fruit issues deserve liberal
allowance to continue pursuit through adjusted neutral objective reasonableness to sustain
litigation for recovery of the estate assets imperatively. Hainer v Kerner, 404 U.S 519.
LOCAL AND LEGISLATIVE CONSISTENCY OF MAGISTRATE
28 USC 1404 The factors are equally congruent in the interest of justice either venue is proper
to the Plaintiff's choice of forum. The Respondents are not prejudiced in a transfer to a closer
and new forum whatsoever. This Magistrate Court is capable to foresee results in either could
been different in Western District of North Carolina or in the 4"' Circuit of Appeals. Hilton v
Guyot the enabling and implied rights of Plaintiff constitutionally and statutorily rest upon
exigent circumstances entailed in materiality underlying presenting before this honorable
magistrate judge that should imperatively re- decide, inter alia Dicta to sue against the
Respondents torts outlined. (citing) Steward Org., Inc v Rich Corp., 487 U.S. 22, 29 (1988)
procedural due process judgments consistent, both' with the individualist enabling of the Bill of Rights,
and with the modem substantive due process jurisprudence that has emerged from a combination of Bill
of Rights texts with fourteenth amendment due process.(citing ) Brock y Entre Computer Ctrs.,
Inc., 933 F. 2d 1253, 1257 (4t' Cir. 1991) The center of activity is in dual or both jurisdictions
where the Respondent is presently violating. The allegation or torts should not misconstrue
throughout holistically within the entire suit and as well as this Motion for Transfer Venue to the
District of Columbia. Moreover, dismissal on the convenience of frivolity is not, was not valid
nor legitimate versus the US Constitution Ninth Amendment. This status of case has insufficient
process. (citing) Harlow v Fitzgerald, 457 U.S. 800, 818 (1982) (citing) Walker v City of New
York, 974 F. 3d 293, 298 (2d Cir. 1992) liability for civil damages insofar as their conduct does
not violate clearly established statutory or constitutional rights of which a reasonable person
would have known. (citing) Procunier v. Navarette, 434 U. S. 555, 434 U. S. 565 (1978)
(citing) Wood v. StrickWland, 420 U.S. at 322. (citing) Free v. United States, 879 F.2d 1535,
1537 n.l (7th Cir. 1989) (citing) 1 L. Jayson, supra note 16, 4 51.
There is a constitutional, statutory and federal procedure discrepancy in trial issue to would
have recovered, administratively cease - desisted improprieties and compensated all torts
involved that has made adverse facilitations effecting the Plaintiff unduly as unreasonable duress
minas that is wrongfully retain as well as concealing holistically the entire estate accountable
properties. It is clear the Respondents intend to defeat the law with an executive order with
concerts of immunities knowingly would prejudice in the ease to assist concealment. The
disposition of this case in constitutionally unfair to the Plaintiff ability to recover concealed
money and estate property. (citing)Burchinal v United States, 342 F. 982 (10th Cir. 1965)
(quoting)(citing) Weade v Dichman, Wright & Pugh, Inc., 337 U.S. 801, 69 S. Ct. 1326, 93
L. Ed. 1704 (1949)(quoting)(citing)Whalen v Ford Motor Credit Co., 684 F. 272 (4th Cir.
1982, en banc) cert. denied, 459 U.S. 910(1982) Frivolity and prejudice is not a convenience
abandon a politically influenced lawsuit that clearly displays ill- willed circumstances only
feasible to absolved in the storms suspicious of the fraud where the tort overacts dynamics
intend to accomplish an illicit procurement or is wrongfully intended to continue keeping in the
pocket out of reach a lineal beneficiary estate accountable properties. (citing) United States v
Lane, 708 F. 2d 1394, 1395-1397(9 1h Cir. 1983). [United States v Nixon] interest of the
Magistrate Judge discern and overrule a paternalistic relationship that is ignored. Article III
checks and balances nullify the ability to defraud the Petitioner/ Plaintiff.(citing)Hunter v
Pittsburgh, 207 U.S. 161 (1907) The executive order is an improper influence making
foreseeable efforts to by -pass the separation of powers that should not have been allowed to
circumvent due process elementary principles of law not designed to deprive in any the rights of
the Plaintiff. Galina v INS, 213 F.3d 955, 958(7th Cir. 2000) (citing) Free v. United States, 879
F.2d 1535,1537 n.l (7th Cir. 1989). This Motion for Transfer is a neutral amicable prevention a
injustice to avoid losing traceable estate property and money deposits. Federal Rule of Civil
Procedure Rule 63 this motion is able to recover and absolve either circuit's venue. Federal
Rule of Civil Procedure Rule 38 the court orders inhibiting the recovery should not stand
constitutionally justified. The Respondent transgressions and specific tort issue within the suit
materiality is clearly criminal. (citing) In Re: Davis Estate (1891), 11 Mont. 1, 27 Pac. (citing)
Day v Day (1906),12 Idaho 556,86 Pac. 531. Nation v United States, 10 -382 (Fed. Cir. 2011)
The condition of this Motion to Transfer Venue is not surrendering a loss of estate property
and money account rightfully belonging to Plaintiff upheld by protections of the Ninth
Amendment.(citing) Duncan v Louisana, 391 U.S. 145 (1968) (citing)Barron v Burnside,
(1887), 121 U.S. 186, 7 Sup. Ct. 931 United States v Perrin, 131 U.S. 55 (1889) The
administrative obstacle should not continue to obstruct administrative transfer of this case nor
should not canceled affirmative reprocess reconsideration before the Magistrate of the Western
District of North Carolina. Cooper vAaron, 358 U.S.1 (1958)
POLITICAL DISCUSSION OF CASE — POLTICAL FILTER OF MAGISTRATE'S COURT
CAPTURE THE UMPIRING JUDGE WHERE IMPROPRITY IS THE PREJUDICE
"Usurpation versus Exaction As A Discussion for Judgment In Rem"
(1)
Federal Rule of Civil Procedure Rule 15(c) in the interest of justice relating back this
discussion to readdress present court orders rendered prior "with prejudice" presenting a
financial dangers to Plaintiff in their discrimination. (citing) Korematsu v United States, 323
U.S. 214 (1944) Magistrate Judge as umpiring judge in this discussion of the following on
overall grounds articulated in the request by the Plaintiff to clarify the distortion, strike the
prejudice and right the wrongs in the independent court consideration imperatively. 28 USC
2072(b) The Plaintiff is making effort of persuasion to revoke, strike and amend the
disposition in this matter refreshing the justice with expressed strategic enforcement. Marbury v
Madison independent action of this magistrate court to discern political contamination and
maladministration. McGrain v Daugherty , 273 U.S. 135 (1927)[ at 4 ] 'to investigate
circumstances, investigate specific allegation and facts. The element is issues sentiment should
be crystallized in the courtroom. It is so great the identifiable prejudice by which Respondents
executive order and court orders that inhibit this case before a jury. This discussion is directly to
discern the four prejudices that is an associative infection of the case at this point as pecuniary
harm and liability. The Respondents prejudice by executive order is completely egregious.
(citing) Wharton, Legal Maxims. The issue of litigation deserves a second approach for new
venue to vacating the adverse totalities, in light of the potential impediment to a decision on the
merits that was prematurely disregarded. (citing)United States v Kingston, 801 F. 2d 733 (Stn
Cir. 1986
Objective reasonableness whereby the rationale and information for executive order is
untrustworthy in the cause to distort as well circumvent this court's judicial mechanics in that
silent administrative prejudice facilitating unreasonable retention.(citing)Rennolds v United States,
98 U.S. 145 (1878) The actual prejudice applied is not constitution even handed balance of
impartial justice to absolve and nullify the totality of torts involved adversely effecting ability for
the Plaintiff to acquire the estate as well as money involved in the litigation. (citing) 1 L. Janson,
supra note 16, 4 51 The executive order clouds torts in wrongful undue prejudice that was to
assure the abolishment of a financial fiduciary connection. Moreover, blind in advertence is also
so great to assist the consuming prejudice wrongfully creating opportunities for exaction.
The Respondents executive order in concert are omissions of right and distorted information that
begins of actual prejudice intensifying unreasonable retention or positional duress.
(citing) United States v. Duncan, CRH -02 -209 (S.D. Tex. Apr. 9, 2002) The Honorable
Magistrate Court may remove and amend all prejudice involved that is wrongfully fatal in this
financial case. This government or political involved suit with prejudice is inconsistent with other non-
government suit. Umpiring the Magistrate interest of justice glean to legislative intent and consistency
to remove the prejudices inhibit a legitimate transaction. The prejudice impairs this litigations constitution
and statutory diligence untoward duress minas threatening beneficiary assets by executive orders
as well as untoward court order inaction. Reasonable Suspicion Undue Prejudice errant
interpretation of the language within an clearly articulated situation would indeed be
[a]unconscious robbery by an administrative distill. Galina v INS, 213 F.3d 955, 95 (7t' Cir.
2000) (citing) Hoblev v Burge, 225 F.R.D. 221, 224(2004) there is good cause in the
suspiciousness due to executive order would not be in play to effect the Plaintiff in the
surrounding estate. Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004) The orders are creating an
impractical and unreasonable to consequence not in step with Ninth Amendment. (citinglEiLsen
v Carlisle & Jacquelin, 412 U.S. 156,170 (1974) (citing) Cohen v Beneficial Industrial Loan
Corp., 337 U.S. 541 (1949) (citing) Eichman v. Indiana St. Univ. Bd. of Trustees, 597 F.2d
1104 (7th Cir. 1979)
(2)
"Prejudice the Language of Case" Moreover, contending to compel there is /was pleading also exigent
circumstance imminent dangers being asserted to Plaintiff. In fact, surrounding money and estate in
which the Respondents interest are unqualified to continue procurement ascertaining measures by the
present orders must be untoward further unconstitutional prejudice. "Raise the un- frivolous suit
out of the invisibility" [ US v Tweel ] due to the involving merits in adversely effecting into an
probable exaction or usurpation. (citing) Cohen v Beneficial Industrial Loan Corp., 337 U.S.
541 (1949) (citing) Crain v Commissioner of Internal Revenue, 747 F. 2d 1417 (5th Cir.
1984) United States v Nixon, 418 U.S. 683 (1974) The magistrate is requested revoke and
remove the prejudiced due to the merits, pertinent materiality and ingredients entailed in this
financial beneficiary conflict on the whole exigent circumstancing grounds outlined as they
present as an undue obstruction Cooper vAaron, 358 U.S.1 (1958):
"revoking preiudice grounds"
-1) "actual prejudice" (citing Weaver Bros., Inc. v Chappel, 684 P. 2d 123, 123 -26 (Alaska
1984) This case was impaired in fact as sets in a diligent and amicable pursuit of due process to
attain the estate property and money by the Plaintiff. -2) "substantial and material prejudice"
(citing) New Eng. Extrusion, Inc. v Alliance Ins. Co., 874 F. Supp. 467,467 -70 (D. Mass
1995) revoking and removing orders that manifest as conspiratorial efforts and effectuation that
may injure, oppress and prevent the rights to acquire or obtain. (citing) NW Title Sec. Co. v
Flack, 85 Cal. Rptr. 693,693- 97(Ct. App. 1997) The magistrate court is requested not to
"strike down trust, fiduciary and bank law respectfully, inter alia -3) warring against the
Administrative Procedures Act in examination of a financial institution is repugnant to
"prejudice in fact ". (citing) Barnes v Lumbermen's Mutal Cas. Co. 308, So. 2d 326,326-
28(La. 1975) - 4) The present order may also be disposed on "material prejudice" on merits and
fact not further compounding the infection of case. (citing) Lighter v Lumbermens Mut. Ins.
Co., 683 N.E. 2d 297 - 299 -300 (Mass. App. Ct. 1997)
(3)
(citing)Younger v Harris, 401 U.S 37(1971) the orders in the prejudice clearly defy governing
law of fiduciary, trust and bank law in inappropriate political manner to procure estate property
and money accounts. (citing)United States v Nixon, 418 U.S. 683 (1974) The existing prejudice
orders are requested to rescinded imperatively to protect the victim as Plaintiff against that are
due in fact of the exigent circumstances. This suit has not been adequately given a reasonable
to exhaustion that would have purged all surrounding tort issues, recovered all beneficiary
property in rights of the said property and purged as well the encompassed money account and
financial instruments. (quoting)(citing) Id. at 408 Commissioner v. Wilcox, 327 U.S. 404
(1946).
(4)
Halberstam v Welch, 705 F.2d 472 (D.C. 1983) The totality of orders act invisibly and
unconsciously in concert distorting foreseeability. The executive order is political designed
artifice to defy the law in effort to wrongfully procure said money and estate. United States v
Nixon, 418 U.S. 683 (1974)(citing) Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 598
1( 978) The articulated facts is enough dispose and vacate the orders on the court record. "No
more can be said in general than that all relevant facts and circumstances must be
considered. " ( quoting)(citing) Id. at 407 Commissioner v. Wilcox, 327 U.S. 404 (1946). The
orders asserted against the Plaintiff malicious and highly discriminative in a compounding
prejudice. The Respondents are slanderous in manners with erroneous and irrational of deliberate
indifference to assert those orders to ascertain the estate and money accounts.(citing) People v
Hawkins and Fields, at 5 (Sup. Ill Ct. Jan. 1995) The magistrate court must discern the
executive act asserted against the Plaintiff in prejudice. All orders the presenting are capable of
slander, unduly disconnect, egregiously abolish and accidental ignorance is not excusable to
imply any effects of undue innuendo in administrative acts where money is traceable. (citing)
United States v Veal, 153 F. 3d 1233, 1245 (11th Cir. 1998). The issue and subject is transfer
of estate and money not the Plaintiff's assumed civil history. The Respondents are coloring and
manufacturing irrational excuses asserts executive orders against the Plaintiff. The orders
executing against the Plaintiff should revoked, amended and reverse. The Plaintiff is guilty no
crime that negate rights and due process as a beneficiary. (citing) Irvin v Dowd, 366 U.S.
717(1961) (quoting)(citing) In Re: Joyce v Whitney, (1877) 57 Ind. 550 "to ensure overall
justice the prejudice removed ".
(5)
(citing) Korematsu v United States, 323 U.S. 214 (1944) the executive order and courts are
assumptions of reckless indifference that are displaced against the Plaintiff. The Respondents
intentionally assert orders against the Plaintiff is to gain a undue calculated advantage to project
"false light ", accelerated illicit proliferation proactively induced to actually undermine
transfer estate and money that clearly implies pecuniary harm against the Plaintiff. The
executive order asserted the Plaintiff blatant insider abuse. (citing)Rutkin v. United States, 343
U.S. 130 (1952) The executive order and court orders are false and should be voided. The
Respondents are keeping out of reach money accounts and estate with an administrative scheme.
[Mercer v Lence] (citing) In Re: Estate of Joseph Nitto, 13 T.C. 858 (1949). (citing)Rollinger
v. United States, 208 F.2d 109 (8th Cir. 1953)
(6)
(citing)Younger v Harris, 401 U.S 37(1971) Article I section 9 Executive Orders are
proliferation measures asserted against the Plaintiff to gain assets is disallowed future conflict
of interest, pose future dangers of dramatic events and is direct and implied undue pecuniary
harmful to Plaintiff. (citing)Korematsu v United States, 323 U.S. 214 (1944) The executive
order and court order are causing an oppressive situation that may incidentally become an
exaction or usurpation discerned by Article IV where the citizen as a Plaintiff has a standing to
sue against Respondents unreasonable retention and duress (citing) 1 L. Janson, supra note 16,
451 (quoting)(citing) Nicaragua v United States (International Court of Justice 1984)
unreasonable retention is positional duress by political executive order that should not be
accidental loss causative in exceeding limits for usurpation nor by exaction in accordance
guidepost of the Ninth Amendment by breeching to abolish fiduciary obligation to the Plaintiff.
(citing) Kingslow v Treasury , 20009 -3030 (Fed. Cir) The Respondents as individual
representative of the US Treasury by induced artifice of executive order is causing a
extrinsic/intrinsic political conflict of interest in fiduciary, trust and bank law. [United States
v Burr] Moreover, within a mal- administrative selective prejudice to continue politically
unreasonably retain traceable money accounts and estate property set aside for the Plaintiff as
the lawful lineal beneficiary. United States v Graham, 275 F. 3d 490 560, 516 (6th. Cir. 2002)
Loumiet v Office of the Comptroller, No. 10 -1288 (D.C. Cir. 2011).
(7)
The subject matter is identified concise United States v Mandel, 591 F.2d 1347 (4t' Cir. 1979)
[at 601 Reasonable likelihood prejudice is enhancing egregious proliferation modalities capable
to future dangers in a total loss to Plaintiff as an exaction or usurpation. (citing) Stroble v
California, 343 U.S. 18 (1952) (citing) Murphy v Florida, 421 U.S. 794, 799 (1975) (citing)
Rideau v Louisiana, 373 U.S. 723, 726 (1963) (citing) Maine v Superior Court, Cal. 2d 375,
438 P. 2d 66 Cal. Rptr. 724 (1924) The issue conspires against Plaintiff rights in which loss may be
incurred from an implied and intentional arbitrary perpetrator inhibiting ability acquire of said estate
property and accounts.
(citing) Honest Services Restoration Act, H.R. 1468, 112th Cong. § 1346A(2011); see also id.
§ 1346A(a) Respondent are non - compliant with law concerning financial accounts and estate
rights. Newsome v Treasury conspicuous wanton conduct is obvious by an executive order is a
causative conflict plenary forbidden in financial matter concerning the US Treasury. (citing) 1 L.
Jayson, supra note 16, & 51 The executive order clouds torts in wrongful undue prejudice that
was to assure the abolishment of a financial fiduciary connection.
(8)
Article III still requires the administrative process to be exhausted where trust and fiduciary is
concerned. (citing) Free v. United States, 879 F.2d 1535, 1537 n.l (7th Cir. 1989). Good
cannon grounds to take affirmative remedial action "on natural natures of the litigation" purge
venality and positional duress. (quoting at 60)(citing) United States v Mandel, 591 F.2d 1347
(4th Cir. 1979) discern and disable from forming "constructive administrative tort in which is
taking unfair advantage of others, using bargaining position, sophistication, or other leverage
causative to an exaction, unreasonable retention and usurpation. United States v Braasch, 505 F.
2d 139, 150 -51 and n.7(7 1h Cir. 1974).
(9)
United States v Johnson, 383 U.S. 169 (1966) The executive orders and present court order is
purposefully discrimination enjoining a prejudice to wrongfully procure the said estate and
money accounts. United States v Holzer, 816 F. 2d 1014(7th Cir. 1987) This motion for transfer
of venue is amicable action pursuant in "understanding of law" where proliferation measures and
unreasonable retention orders are erroneous. (citing) United States v McVeigh, 918 F. Supp.
1467, 1472 (W.D. Okla. 1996) The executive order and court orders are positional duress
making it impossible to pursue a challenged lawsuits and prosecutions, (citing) Barret v United
States,798 F. 2d 565 [at12] Makes sure that the law makes it more possible for political cases to be
made against government officials being causative loss by a clear reckless and deliberate indifference to
the guidepost of trust, fiduciary and bank law. (citing) United States y McVeigh, 918 F. Supp.
1467, 1472 (W.D. Okla. 1996) The it is so great the prejudice orders activities that
suppressing the Plaintiff are without constitutional legitimacy and deserves [a] main event.
(citing) In Re: Johnson, 383 U.S. 169 the authors as Respondents order create conditions that
lead the magistrate court to undertake venality acts, several events and problems underlying in
determining which actor as Respondents is culpable. This motion for venue through powers of
magistrate to apply the Ninth Amendment to entire litigation in the interest of justice for the
Plaintiff to claim estate and money accounts set aside for the Plaintiff by US Treasury prior to
the Respondents.(citing)(quoting) Id. at 161 U. S. 313. Accordingly the Respondents executive
orders are overreaching and do not intent to honor financial with unconstitutional prejudice.
(quoting)(citing) Hammerschmidt v. United States, 265 U. S. 182, 265 U. S. 188 (1924) The
executive order and court order indicate to the magistrate there is a contrary direction. There are
also further indications, inter alia. "Dicta" by [a] fiduciary statute's jurisprudence purpose to
protect property rights of beneficiary as Plaintiff so recovery of estate and account where it is
possible and must imperatively sue. (citing) Virenda Raiput v City Trading, No. 10 -15405 D.C.
Docket No. 1:10 -cv- 21654(1 lth Cir. 2012) (quoting)(citing at 35) United States v. O'Grady,
742 F.2d 682, 687 (CA2 1984) (citing) United States v O'Grady, 742 F.2d 682, 687 at 24
Moreover, executive order and court orders are unconstitutional notions that should be rejected
striking the prejudice resetting all matters of the litigation before any further more fiduciary
process to fail legitimacies in the required recovery of said estate and accounts by the Plaintiff
as beneficiary. (quoting)(citing) Washington Legal Found v Texas Equal Acess to Justice
Found., 94 F. 3d 996,1000 (5th Cir. 1996)
(10)
(quoting)(citing) Article III this litigation is a legitimate revivable case in issue a have merits
within the elements that should not surrender to prejudice without a jury trial in a just venue.
(quoting)(citing) Tull v United States, 481 U.S. 412, 417 -27 (1987)" Whoever is a fiduciary or
in conscience chargeable as a fiduciary is expected to live up to them ". (citing)Buffum v.
Peter Barceloux Co., 289 U.S. 227, 237 (1933). (citing)United States v Nixon, 418 U.S. 683
1( 974) The prejudice and executive order combines the previous ruling is a precursor of
obstruction where the nexus requirement indicative also. ( quoting)(citing) United States v.
Andersen, CRH 02 -121 (S.D. Tex. Mar. 7, 2002) This is a fundamental case that should have
been afforded the opportunity to reach the asset and property beyond the invisibility. This notice
of motion clarifies requirement commencement of action that should constitutionally reach
beyond an adversely distorted politically associative administrative vacuum. The executive
orders in such should not stand with any further prejudice effects adversely against the Plaintiff
they present as dangers in the malice/ scienter to abolish or slander. The gates to a new venue
requested not to strike down trust and fiduciary law (citing) United States v McVeigh, 918 F. Supp.
1467, 1472 (W.D. Okla. 1996) The it is so great the prejudice orders activities that
suppressing the Plaintiff are without constitutional legitimacy (citing)Nation v United States,
10 -382 (Fed. Cir. 2011) the sufficiency and standard of review is not issue in dismal action of
court. (citing)(quoting) Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004) This extraordinary
complex case where malice and prejudice should be imperatively discerned in the redress in the
Honorable Magistrate Court; Western District of North Carolina, Charlotte. (citing) (quoting)
United States v Sullivan, 376 U.S. 254 (1964) The powers of superior court must also
intervene to avoid a injustice. (quoting)(citing) Tull v United States, 481 U.S. 412, 417 -27
1( 987)
(11)
(citing)United States v Cox, 342 F. 2d 167 (5t' Cir. 1965) in the interest of justice and in
keeping with the Ninth Amendment is requested to commence and revive all aspects of this
litigation applying [a] "purge test" and "in the pocket test" on the particular allegations entailed
in the entire suits underlying matter Federal Rules of Criminal Procedure Rule 21 what else
will lie the issue inartful is a fundamental case with unusual complexities in the sounds and
storms of suspicious fraud. [Bell v Bohus] (citing) United States v Choate, 276 F. 2d 724 (stn
Cir 1960) Porter v. Groat, 840 F.2d 255, 257 -58 (4t'Cir.1988) has been interpreted to
authorize broad remedial relief where there are impediments to an adjudication on the merits of
prejudice and convenience (citing) Platt v Minnesota Min. & Mfg. Co. 376 U.S.C. 240 (1960)
Dicta in accordance with elementary principles of administrative principle where money is on
the political table accompanied by aggravating factors plague suit in the merits. Federal Rules
of Criminal Procedure Rule 21 (citing) United States v Nixon, 418 U.S. 683 (1974) In Re:
Veal, 153 F. 3d 1233, 1245 (11th Cir. 1998)..(citing)(quoting) United States v Sullivan, 376
U.S. 254 (1964) The powers of superior court must also intervene to avoid a injustice.
(citing) 1 L. Jayson, supra note 16, 4 51 The executive order clouds torts in wrongful undue
prejudice that was to assure the abolishment of a financial fiduciary connection.
Article II section 4 "still requires the administrative process to be exhausted where trust and
fiduciary is concerned.. (citing) Free v. United States, 879 F.2d 1535, 1537 n.l (7th Cir. 1989).
Good cannon grounds to take affirmative remedial action "on natural natures of the litigation"
purge venality and positional duress. Levowitz v Cunningham, 431 U.S. 801(1977) afferent acts
of, malicious investigations, dangers things by induced an evil political zeal that conceals
inclusive information. Federal Rules of Criminal Procedure Rule 21 United States v
Cruikshank, 92 U.S. 542, 557, 23 L. Ed. 588 constitutional requirement to suspend proliferation
manners that is suppressing, to amending the prejudice. This request for Motion for Transfer a
New Venue is affirmative action to revisit and to reopen the entire original petition; and entire
original complaint for a new trial.
(12)
Federal Rules of Criminal Procedure Rule 21 People v Hawkins and Fields, at 5 (Sup. Ill
Ct. Jan. 1995) The executive order action is a prejudice inducement of "warring
unconstitutional manners" "revive on its own materiality" in the eyes of court. United States v
Kenn 462 F. 2d 1205, 1229,cert. denied, 409 U.S. 914 (1972) in the interest of justice and
interests of United States avoid the plenary fraud intervene to inquiry tortuous interference of
inheritance expectancy. Jones v Jones, 234 US 615 (1941)
(13)
Federal Rules of Criminal Procedure Rule 21 (citing) Kingslow v Treasury , 20009 -3030
Fed. Cir the executive order and court order with prejudice is conflict of interest. Federal
Rules of Criminal Procedure Rule 21 is administratively retraction from the origins of an
egregious administrative vacuum must be imperatively discerned by some implicit administrative
investigative query principle that laches additional relevance. Moreover, in which
Petitioner/Plaintiff must strategically compelled by magistrate enforcement. (citing) .McGrain v
Daugherty, 273 U.S. 135 (1927)[ at 4 ] 'to investigate circumstances, investigate specific
allegation and facts. Federal Rules of Criminal Procedure Rule 21 commence the action is
by igniting the forces of administrative law and uphold common laws of trust in government
beneficiary matters.
(14)
Federal Rules of Criminal Procedure Rule 21 (citing) 6 Wheat. 264 1821 "assure that the
hearing magistrate judge exercises his independent judgment on the evidence and merit of the
facts as they set before him, free from pressures by the parties or other officials within the
agency. "(citing)United States v Mazzei, 521 F. 2d 639 (3rd Cir. ) (en banc) cert. denied 96 S.
Ct. 446 (1975) (citing) executive order and court order make ease unreasonable retention
that is not upheld by Ninth Amendment. The Respondents commit a common law and federal
tort in which the judicial canon is administrative responsible to redirect matter in new venue.
Federal Rules of Criminal Procedure Rule 59(e) executive order and court order are exploitive
with compounding prejudice in which the magistrate court should redirect according Federal
Criminal Rule 21. (quoting)(citing) Commonwealth v Wilson, 30 Pa. Super. 26 29 -30 (1906).
(citing) In Re: BIW Deceived v Local S6, Industrial Union of Marine and Shipbuilding
Workers of America, IAMAW DISTRICT LODGE 4; No 96 -2311 (1St Cir. 1997)
(15)
Federal Rules of Criminal Procedure Rule 21(citing) In Re: Ex Parte Merryman I prejudice
applied to the orders lacks legitimate jurisprudence rationale and is inconsistent with the merits
requiring strategic enforcement due to a enhanced prejudiced unconstitutional exemption.
(citing) 1 L. Jayson, supra note 16, & 51 the pleading torts totality will injure and deprive the
Plaintiff holistically 31 USC 3733 The constitutional burdens of persuasion is been sufficiently
enabled and implies that a trial must attempt to ascertain recoverable accounts and recoverable
estate property in the examination of financial institution respectfully. (citing) In Re: Ex parte
Milligan, 71 U.S. (4 Wall.) 2,123 -24 (1866).
(16)
Federal Rules of Criminal Procedure Rule 21 examining the considerations those that create
or aggravate the crime of unreasonable retention in a financial litigation. "still requires the
administrative process to be exhausted where trust and fiduciary is concerned.. (citing Free v.
United States, 879 F.2d 1535, 1537 n.1 (7th Cir. 1989). (citing U. S. v. Hall, (1809) 2 Wash.
C. C. 366, Fed. Cas. No. 15,285. "With prejudice" order in the end of justice and does alter
the situation adversely against plaintiff to ascertain equal opportunity to take possession of estate
property and incurs a undue positional duress where the access to accounts are obstructed and/or
administrative blocked by a created discrimination. The gates to a new venue requested not to
strike down trust and fiduciary law. (citing) United States v McVeigh, 918 F. Supp. 1467, 1472
(W.D. Okla. 1996) Where "it is so great the prejudice" all orders and activities are suppressing
the Plaintiff's side of the financial litigation are "without constitutional legitimacy."
(citing)Calder v. Bull (1798) 3 U. S. (3 Dall.) 386, 1 L. Ed. 648 The Respondents efforts are
obvious aggravated attempt to abolish a fiduciary connect in trust by inducement of executive
order coupled with prejudice orders are out of constitutional step in financial government
transaction that was uncontaminated prior to induce of executive order or suppressive
concealing activity outlined in this entire suit. (citing) McDonald v. Massachusetts, (1901) 180
U. S. 311, 45 L. Ed. 542, 21 Sup. Ct. Rep. 389.. " (quoting)(citing) Id. at 407 Commissioner v.
Wilcox, 327 U.S. 404 (1946). (citing) Ross v. Oregon. (1913) 227 U. S. 150, 57 L. Ed. 458, 33
Sup. Ct. Rep. 220; The executive order exceeds the Ninth Amendment and intentionally
misconstrues or disregards this suits pre- existing statutes to the disadvantage of the
Respondents without total consideration of the circumstances brought on in the lawsuit which
was actually only estate and money deposits. The articulated facts is enough dispose and vacate
the orders on the court record. "No more can be said in general than that all relevant facts and
circumstances must be considered. " (quoting)(citing) Id. at 407 Commissioner v. Wilcox, 327
U.S. 404 (1946). The orders asserted against the Plaintiff malicious and highly discriminative in
a compounding prejudice. The powers of superior court must also intervene to avoid a
injustice. (citing) 1 L. Janson, supra note 16, & 51 free from pressures by the parties or other
officials within the agency. "(citing)United States v Mazzei, 521 F. 2d 639 (3rd Cir. ) (en
banc) cert. denied 96 S. Ct. 446 (1975) it not the powers of ex posto facto, executive order
nor court order is "not for the applying or implying powers to destroy" (citing)Veazie Bank
v Fenno, 75 U.S. (8 Wall.) 533 (1869). This motion's request is valid and legitimate compelling
not to be ends of the justice to abort an exaction and recover through unreasonable retention.
(citing)Veazie Bank v Fenno, 75 U.S. (8 Wall.) 533 (1869). °Increasing the implied powers
must answer to actual justice and corrective justice." The Respondents are targeted fraud and
natures of cause weigh against the Respondents, inter alia. The Plaintiff is justified in this
Honorable Magistrate Court to compel for further proceedings Federal Rule of Criminal
Procedure Rule 21 on the good cause to commence the action for appropriate relief.
In Re: Stephen A. Gardbaum, The Nature of Preemption, 79 Cornell L. Rev. 767, 768 (1994).
(17)
Federal Rule of Criminal Procedure Rule 21 (citing) United States v. Veal, 153 F.3d 1233,
1245 (11th Cir. 1998 ) "ex posto facto'; on the good cause to commence the action against
Respondents. The Plaintiff can show that a "fundamental miscarriage of justice" where
prejudiced executive orders and prejudice court order cannot be sustained due in fact the
Plaintiff is innocent, and is qualified to recover the estate and money is not be unduly retained
under the hands of the Respondents. (citing) In Re: Murray, 477 U.S. at 495. [ United States v
Tweel ] the plaintiff and the entire court record or presentation can establish that the actual
prejudice is an underlying constitutional violation. (citing) Murray v. Carrier, 477 U.S. 478
(1986). (citing) In Re: United States v Syriuth, 98 F. 739, 747 n. 12 "prejudice should not
worked to the actual and substantial disadvantage to Plaintiff " .... Respondents "not the
deserving powers that destroy nor make fatal any financial litigation" The Honorable Magistrate
Court is requested to strike and vacate orders where money and estate is the political
influencing "with prejudice ". (citing)United States v. Frady, 456 U.S. 152, 170 (1982)
(citing)Wainwright v. Sykes, 433 U.S. 72 (1977) "cause" and "prejudice" must be established in
order to obtain review of a claim on the merits.
(18)
Federal Rule of Civil Procedure Rule 16 (citing) Wall, Cooksey v. Local 230 et al 3:97-
CV00942(JCH)( Dist. Ct. Bridgeport Div. 2005). Commence action against the Respondents on
the grounds Objective Reasonableness and Strategic Enforcement government interest in the
prevention of corruption, or at least the appearance thereof, is the singular basis to persuade [a]
new trial on set by this Magistrate Court. Article II jurisprudence and its doctrinal avoidance of
consequences for the definition of corruption. Evans v United States "narrowing of what counts as
corruption for purposes in transactions ", estate property and money is traceable that are under
judicial microscope. Article III corruption interest should be discerned from "with prejudice" any
orders that adversely effect of deprive or causative of any species of duress by the Honorable Court.
It is judicial mischief for more affirmative action for this magistrate court to revive this case suit
and imperatively sue against the Respondents where politics is adversely impacting this litigation's
issues "in interest corruption" (citing)(quoting) Citizens United v. FEC, 130 S. Ct. 876 (2010).
Federal Rule of Civil Procedure Rule 16 "narrowing of what counts as corruption for
purposes in transactions" (citing) United States v Mandel, 591 F.2d 1347 (4th Cir. 1979) at 60.
(19)
Federal Rule of Civil Procedure Rule 16 (citing) 1 L. Janson, supra note 16, & 51 where
prejudice is concerned on the clouding aggravating merits of tort in this suit, values of estate and
the amount deposited money set aside by the U.S Treasury. Title 5 Moreover, holistically the
issues involving the political Respondents also are not with luxuries of constitutional immunities
where money and estate property is also subject of tort that should imperatively proceed on the
Magistrate Court's intervention. "Narrowing the issue on the political legislative history where
corruption is the interest" and where money is traceable.
(20)
Federal Criminal Rule of Procedure Rule 21 is enabling [a] justifiable meaning within
Article III to purse. 31 USC 3733 "withholding positional duress and egregious assertions"
against the Plaintiff. (citing) United States v Graham, 275 F. 3d 490 560, 516 (6th. Cir. 2002)
The Respondents executive order acting and "with prejudice" orders of court in their summation
may not facilitate potential delay in the administration of justice, erode the purpose of the grand
jury, and invite exploitation of an ill- defined loophole. The Respondents rational of implied
assertion of unreasonable retention is erroneous against the Plaintiff. The Respondents latitude
of their office exceed the constraints of the Ninth Amendment that offend the Plaintiff
holistically. Federal Criminal Rule of Procedure Rule 21 assertion in a undue procurement of
beneficiary property and money (quoting)(citing) State of Maryland v Helen L. Holton,No.
91(2010)(quoting)(citing) In Re: Opinion by Murphy, J.Harrell and Adkins, JJ., Dissent (July
2011). (citing) State v Holton, 193 Md.App. 322, 997 A.2d 828 (2009), (citing)United States v
Wilkes, No. 08 -50063 D.C. No. Cr. 00330 - LAB- OPINION(9th Cir. 2011) "Narrowing
improprieties in the issue on the political legislative history."
(21)
(citing) Kingslow v Treasury , 20009 -3030 (Fed. Cir) the executive order and court order
with prejudice is producing [a] conflict of interest. Federal Rule of Civil Procedure Rule 16
[Younger v Harris) clarifying defiance governing law of fiduciary, trust and bank law in
inappropriate political manner to procure estate property and money accounts. (citing)United
States v Nixon, 418 U.S. 683 (1974) The existing prejudice orders are requested to rescinded
imperatively to protect assure that the hearing magistrate judge exercises his independent
judgment on the evidence as the court records states; merit of the facts as they set before him,
free from political pressures by the parties or other officials within the agency. "(citing)United
States v Mazzei, 521 F. 2d 639 (3rd Cir. ) (en banc) cert. denied 96 S. Ct. 446 (1975)
(22)
STANDARD OF REVIEW AND SUFFICENCY
"Matters of the Magistrate" in 28 USC 636 to readdress matters
Pro Se "earning" Actual Justice by 28 USC 1404
Federal Rules of Appellant Procedure Rule 28(a)(9)(B) Plaintiff has made diligent amicable
effort to meet in appellant universe in which the comity is irrelevant known facts of holistic
egregious components assertions that are interceding and obstruct the Plaintiff's attempt access
to prior court. Federal Rule of Civil Procedure Rule 52(a) Comes Now, The burden and
matters of actual justice of this litigation is now placed on Magistrate Judge of Western District
of North Carolina, Charlotte Division due to the strong impression, nature and infected
ingredient that must imperatively absolved from pecuniary harm an exigent circumstances
creating the Plaintiff predicament within the circuit dismal inaction. (citing) Cobell v Norton. No.
03 -5314 (D.C. Cir. 2004)
(23)
Federal Rule of Civil Procedure Rule 52(a) matters of magistrate is request to send back this
litigation to the original presiding judge as a independent action, compel for a more affirmative
action to District of Columbia or as a whole independent action of the 4th Circuit accelerate the
matter immediate to US Supreme where is petition and writs concerning this issue. The entire
suit is sufficient for an opportunity to be heard either judicial direction on the facts that also need
more findings before the end of justice can actually dissented in whole proper constitution law
jurisprudence balance. [ Marbury v Madison ] This magistrate court is requested improve the
interest to square the interpretation of the entire complaint essential for the proper resolutions
and improve the interest by further query for an constitutional acceptable disposition on the court
record.
(24)
Plaintiff/Pro Se in Motion to Transfer Venue is amicable intervention from the orders that
prejudice litigation where it should have already had [a] Dicta "ripe" statutory and constitutional
advancement: (1) controlling question of law (2) substantial grounds for difference of
opinion (3) obstructive defiance that prematurely staggered this case on the original complaint
face. (4) concealed imperative matter, land property, money instruments, money accounts and
information. The Plaintiff prays and mover the federal Magistrate Judge through this Motion for
Transfer Venue for procedural fairness in outlined and formalized merit of the allegation for
new solution imply [a] legislative compromise and [a] "Good Cause Doctrine" to abort further
undermining and unreasonable retention. This motion is motivating issue by doctrine overruling
the distorted politics that is dangerous to the Plaintiff. In doing so by "the survive of this
motion "; the Plaintiff may not accrue any more undue opportunity for losses and deter any
causatives of deprivations. Nation v United States, 10 -382 (Fed. Cir. 2011) The contends all
order in this venue should be vacated the standard of review and sufficiency will survive a jury
first impression. The prejudice order involved is local popular hostility that should be discern
imperatively there are loss causative. The previous order and assumptive preemptions of frivolity
should not ordained by this magistrate court review.
(25)
Federal Rule of Criminal Procedure Rule 21 Article III presents this case as legitimate to
stand not to surrender but should be suspending all interoculatory orders void against the
Plaintiff. "What else will lie against legislative assertion of the Pinkerton Liability ". (citing)
1 L. Janson, supra note 16, 4 51 The Respondents and present orders are "colored and clouded
orders" obvious conspicuousness to the reasonable mind. Commencing the action Armstrong v
Treasury, 2009- 3155 (Fed. Cir.)The present orders should be voided immediately erroneous
judgment in their imposition is [a] "misprision" "not to be excused" by a "legislative intent"
constitutionally discerns any species of duress.
(26)
In Re: [Armstrong v Treasury] (quoting)(citing) In Re: The Washington (C.C.A.2d, 1926) 16
F.(2d) 206), In Re: (citing) Evans v United States. The entire prior ruling where flawed, there
was not trial nor hearing interpretive jurisprudence as duress minas complained obviously and
was not the conclusion arrived nor considered in the original complaint's prejudice order.
(quoting)(citing) 66 Central Law Journal 2401908 [Vol. 121
(27)
(citing) United States v. Raddatz, 417 U.S. 667 (1980). This motion is not judicial mischief
nor vexatious. The specific elements in the issue "in storms suspicious of the fraud" must review
be the honorable magistrate court. (citing) United States v. Walters, 638 F.2d 947 (6th Cir.
1981).
(28)
Federal Rule of Civil Procedure Rule 72 (quoting) (citing) Geras v. Lafayette Display
Fixtures, Inc, 742 F.2d 1037 (7th Cir. 1984). "The entire issue has questionable
improprieties that shock the judicial conscience in Article L" (citing) United States v
Burkhalter, 1991 U.S. App. LEXIS 29282 (10" Cir. 1991)
(29)
Federal Rule of Civil Procedure Rule 60(b)(6)This case should not have been abandoned with
convenience by an assumptive frivolous ruling nor compounded by prejudice. This litigation
natures in which the Respondents are targeted likely commit insider fraud without judicial
examination in financial institution. 28 USC 1404 other authority of magistrate judges may abort
avoid a financial beneficiary injustice. United States v Powell, 379 U.S. 48 (1964) The
hospitality of magistrate court "is indispensable" to nullify opportunity of pecuniary harm, to
avoid loss of valuable land and money. (quoting) (citing) Peretz v. United States, 501 U.S.
923, 928 -29 n.5 (1991) (citing) Geras v. Lafayette Display Fixtures, Inc., 742 F.2d 1037,
1054 (7th Cir. 1984) The materiality and nature of this case is serious, surrounding a acreages
and a deposit of money producing as income from the estate whole property effects in which the
by US Treasury Regulation the Plaintiff is allowed to take possession as lineal beneficiary.
(citing) Lattman, Fraud Ruling, supra note 17. This magistrate court Western District of
North Carolina, Charlotte North Carolina is request by this Motion to Transfer Venue "to
exercise civil jurisdiction" reanalyze the entire suit as it sets in so that it may be expedited
to docket. (quoting)(citing)Jones v Jones, 234 US 615 (1941)(quoting)(citing) Oneida Indian
Nation v County of Oneida, 414 U.S. 661 (1974)
(30)
Moreover, Judicial Canon 4 The Pro Se is aware of aware of case load issues in local and is
requested this in liberal allowance to pursue legitimate problems as soon possible Hainer v
Kerner, 404 U.S 519 Dicta on merits not the court conveniences United States v Holzer, 816 F.
2d 1014(7th Cir. 1987) The Pro Se asks this magistrate d to do much more without or in spite the
resources to accomplish this task to recover or litigate the estate as soon possible and address by
investigation in keeping with 31 USC 3733
(31)
31 USC 310 where money is traceable to actual justice concerning the Plaintiff and estate
(citing)In Re: Todd Peterson, Congressional Investigations of Federal Judges, 90 IOWA L.
REV. 1, 4 (2004). Armstrong v Treasury. Executive is order distancing from Article III
jurisprudence where there is a tort of controversy and there conflict tort of law that adversely
effect the Petitioner/Plaintiff. This action is has strong and ripe merit sufficient enough
constitutionally for a instant new trial to pursue and accelerate on the in pocket testing any
usurpation. "No more can be said in general than that all relevant facts and circumstances
must be considered. " (quoting)(citing) Id. at 407 Commissioner v. Wilcox, 327 U.S. 404
(1946). (citing)In Re: Rehnquist, supra note 38, at 18.
(32)
STANDARDS OF REVIEW ACTUAL JUSTICE GROUNDS
"SHOW CAUSE TO SURVIVE ON THE MERITS"
BEFORE
MAGISRATE COURT IN WESTERN DISTRICT NORTH CAROLINA
The Plaintiff rights in this civil ligation do not stop in which it be directly impacted by egregious
executive order and prejudice deserves objective reasonableness to vacate and reverse through
strategic enforcement to avoid loss as well as nullify the arbitrary action (citing)Korematsu v
United States, 323 U.S. 214 (1944) "[a] court may sanction a party ffor conduct during the
proceeding in district court] even if that party has filed a notice of appeal of the case which
resulted in the offending conduct, and that appeal is pending." (quoting)(citing) Price v. First
Star Mortg., Civ. Action No. 2:03cv568, 2006 U.S. Dist. LEXIS 60580, at *8 n.3 (E.D. Va.
Aug. 15, 2006) The Pro Se motion before magistrate is a legitimate request for transferred
inquiry reasonable under the circumstances. The magistrate court must apply a standard of
objective reasonableness. (quoting)(citing)Cabell v. Petty, 810 F.2d 463, 466 (4th Cir. 1987)
(stating that the inquiry is whether a reasonable attorney in like circumstances could believe his
actions to be factually and legally justified)
(33)
The objective reasonableness standard replaced the former subjective good -faith standard.
(citing)Cleveland Demolition Co., 872 F.2d at 987
(34)
United States v Holzer, 816 F. 2d 1014(7' Cir. 1987)to conduct a reasonable investigation of
the factual and legal basis of his claim before filing.(quoting)(citing) Brubaker v. City of
Richmond, 943 F.2d 1363, 1373 (4th Cir. 1991) The Plaintiff relates all matters back and
again complains through this motion to transfer the went to a reasonable amount effort in this
case litigation before submitting any particular allegations against the Respondents in regards to
31 USC 3733.(citing)United States v. Tweel, 550 F.2d 297 (5th Cir. 1977) Judicial
Stratification hierarchal element should give way to objective reasonableness. The Plaintiff does
not have any proof before the court before submitting issue on paper general knowledge and ability to
produce corroboration was enough to proceed in original complaint. "Any actual effect" is amicable to
revive the entire litigation as new trial. "Probable Future" is an element for a reanalyzed judicial
expansion of jurisprudence prospective to adjust for remedial action. (citing) United States v
DiGregorio, 605, F. 2d 1184, 1190 cert. denied 444 U.S. 937 (1St Cir. 1979) (citing)United
States v Kenny, 409 U.S. 914 (1972) The executive order was /is implemented and its effects
known is enough for actual justice to give raise to the Plaintiff. The executive order prejudices
horizontally with adverse polarization. The executive order is an invisible administrative
medium for impervious powers of the involved to abscond in the transaction or make
opportunity to exact the tangible property in controversy. The Respondents executive order is
[a] trickery blind to fiduciary law. "Conspicuous Fruit" In Re: (citing) Otero v Vito, No 5:07-
cv -405 (Mid. Dist. Ga 2009) the executive order is egregious invisibility of this issue stipulates
to purge and reset matters by Otero. The Respondents are known with and present hostile
adverse possession executive is a silent deceit it rationale is clearly Ninth Amendment and its
issues in which the Respondent introduce it is erroneous. (citing)Huddleston v. United States,
485 U.S. 681 (1988), The executive order is to causative of prejudice and implies wrongful
spoilation in unreasonable retention.
(35)
(citing) United States v O'Grady, 742 F. 682 (2nd Cir. 1984) "What else will lie" The
executive order is erroneous and malice rational for its duress measure operates in dark gray area
of government immunity. The Respondents executive orders operates egregiously in the dark to
assert a contrary future. The Plaintiff does not need any evidence the executive contrary direction
that is deceitful. The Plaintiff has no issues shock judicial conscience that merit any assertions of
executive order by the Respondents. The executive order is not the usual practice where there is
also duress minas associated [p]rejudiced especially in the early stages of such complaint of
federal claim. 1 L. Jayson, supra note 16, 51 The executive order in its nature with now with
a double prejudice is not the constitutionally unusual. Original orders and subsequent orders
within the district and circuit are [w]rong. (quoting at 24 )(citing) Tweel, 550 F.2d 297 5th Cir.
1977 at 24. The Respondents are clearly exploiting the system and abusing their position by
assertion duress by which are clearly a conflict of interest to procure a estate and money they as
Respondent are not lawfully and unqualified to apply any egregious or arbitrary powers that
endanger the Plaintiff nor should the executive have manner that abolish the original intent of US
Treasury.
(36)
(quoting)(citing) Tweel, 550 F.2d 297 5th Cir. 1977 at 25 The Respondents must show cause
due to the unusual character and natures, inter alia. (citing) 1 L. Janson, supra note 16,
51.The executive order must explain implied rational and modalities that are or interpreted by
Plaintiff deemed in actual malice or as duress minas. The executive order and court orders
are deceptive as well as pure distortion in which the intent of the order are to shield unqualified
concealment with future s likely to be exaction. (quoting)(citing) Tweel, 550 F.2d 297 5th Cir.
1977 at 46 (quoting)(citing) Tweel, 550 F.2d 297 5" Cir. 1977 at 43 The court cannot honor
any executive order that are actually disguised taking by a political concern in conflict of
interest. The status of litigation as it set appear that the court is condoning a unconstitutional
procurement or illicit procurement. (quoting)(citing) Tweel, 550 F.2d 297 5th Cir. 1977 at 43 it
is not ordaining in the court suspend and strike down fiduciary, trust or bank law in which the
clean hands doctrine was first on the onset as benefit of the Plaintiff as lineal beneficiary.
(citing)United States v Nixon, 418 U.S. 683 (1974) The existing prejudice orders are requested
to rescinded imperatively to protect assure that the hearing magistrate judge exercises his
independent judgment on the fact underlying that have not had the opportunity to reach jury.
(citing)(quoting) 485 U.S. 681 (1988)
(37)
(quoting)(citing) Tweel, 550 F.2d 297 5th Cir. 1977 at 43 the executive order activity and
court orders in the prejudice should cannot stand in future dissent or ruling at this time. Plaintiff
in the standard of review and sufficiency is making to effort before this magistrate court in
interest of justice to in relations back to original action and consolidation of all motion to moved
forward to new venue or re -open this suit on the service that sue the Respondents imperatively.
"to conduct a reasonable investigation of the factual and legal basis of his claim before filing ".
(quoting)(citing) Brubaker v. City of Richmond, 943 F.2d 1363, 1373 (4th Cir. 1991) "When
the court is considering sanctions on a factual claim, the initial focus of the district court should
be on whether an objectively reasonable evidentiary basis for the claim was demonstrated in
pretrial proceedings or at trial." (quoting)(citing) Edmonds v. Gillmore, 988 F. Supp. 948, 957
(E.D. Va. 1997) (citing)(quoting) Calloway v. Marvel Entm't Grp., 854 F.2d 1452, 1470 (2d
Cir. 1988))
(3 8)
Federal Rule of Civil Procedure Rule 15(c) in the interest of justice relations back 28 USC
2462 all issue are within the statues of limitations. (citing)Halbstam v Welch, 705 F.2d 472
(D.C. 1983) The Respondents and status as it sets all overact involved are conspiring against the
Plaintiff retro — present as a innocent land owner. (citing)(quoting) United States v Perrin, 131
U.S. 55 (1889) Moreover, the Plaintiff is compelling and make attempt to reach the standardize
consistency with the 4th Cir. liberal allowance. Hainer v Kerner, 404 U.S 519
(39)
(quoting)(citing) Sanctions In The United States Court Of Anneals For The Fourth
Circuit and United States District Court Eastern and Western District of Virginia
by Hon. Dennis W. Dohnal Magistrate Judge, United States District Court for the Eastern
District of Virginia, Richmond Division The Richmond Bar Association Bench -Bar Conference
October 21, 2010
(40)
(citing) Tim A. Baker, The Expanding Role of Magistrate Judges in the Federal Courts, 39
Val. U. L. Rev. 661 (2005).
(41)
(citing)United States v. Nardello, 393 U.S. 286, 289, 89 S.Ct. 534, 536, 21 L.Ed.2d 487
(1969). No proof of use of force "inducement" This standard is a fair one "a reasonable person"
standard for determining whether the benefits paid to the official are sufficiently sizeable to be
extortionary in nature. (citing) O'Grady, 742 F. 682 (2 "d Cir. 1984) The executive order is in
the grey areas of governments and expects the safety harbors while effecting out or acting to
contaminating excited futures harmful and danger to the Plaintiff. (citing)Younger v Harris,
401 U.S 37(1971) the executive order is implemented or asserted against the Plaintiff in defiant
pressures assuming to override entailed parameters of fiduciary, trust and bank that procedurally
move estate property and money deposits into the Plaintiff's without undue complication.
Moreover, simplified the Respondents have no legitimate reason prejudicially or discriminate to
assert arbitrary implied powers of executive order to effect adversely the Plaintiff. The standard
of any species of duress applied before the magistrate court is a fair one. The executive order is
an unreasonable retention that is invisible but administratively and publicly known, relations
back "as general knowledge" was capable to discuss on the original complaint date. The court
order "with prejudice" is compounding the issues infusing additional coercive conditions. "No
proof of use of force ", "No proof of inducement", "No proof of duress" is necessary or was
necessary to meet the acceptable or requirements of sufficiency and standard of review as this
litigation sets and presents. (citing) United States v O'Grady, 742 F. 682 (2 °d Cir. 1984)
(42)
Article III factors weigh in the Plaintiff/Pro Se favor. This Motion to Transfer Venue is
diligent effort on the required standards of review and sufficiency grounds adequate for the
requirement for [a] show cause and [a] probable cause appearance for Respondents on this
presenting motion's face before the Honorable Magistrate Court Western District North
Carolina, Charlotte Division. Plaintiff is respectfully addressing the customary desires and
customary of magistrate court with the entire circuit. United States v Cox, 342 F. 2d 167 (5t'
Cir. 1965) The review is necessary has possibility to enforce a new judgment. Cooper v Aaron,
358 U.S.1 (1958) The Plaintiff is making the effort to overcome and purse this situation in spite
of the any advantages or obstacles that make a new and fair possible. The administrative
difficulties, controversies and other will manifest in storms suspicious of the fraud. The
Respondents on their own created a conflict with bank, trust and fiduciary laws in beneficiary
expectations which should reopen or transfer this case due to transgression in choice -of -law and
substantive law principles. Newsome v Treasury, 2009- 30199(Fed. Cir.) This litigations matters
materiality should sue and/ or be rerouted to [a] judge immediate and imperatively due to the
statutory as well constitutional involvement.
(43)
Article III factors weigh in the Plaintiff/Pro Se favor. This Magistrate Court has jurisdiction
of the case to safeguard basic the elements of due process to safeguard the Plaintiff's rights a
beneficiary in an estate and money property. (citing) Powell v. Alabama, 287 US 45, 53 S Ct
55, 84 ALR 527. Re- routing issues and argumentation of this litigation do the Due Process
Violation 5th and 14th 1° in which the Plaintiff rights do not stop due to discriminative executive
"voluntary expedited "that poses any danger or loss. (citing)Korematsu v United States, 323 U.S.
214 (1944)(citing) Butler v. Perry, 240 US 328, 36 S Ct 288 (citing) Brinkerhoff- Faris Trust
v Hill, 281 US 673, 50 S Ct 451 The prejudices involved should not be the stagnation, delay,
discerning abandon nor further distancing the aggravated political case where money and estate
land that clearly shows, arbitrary administrative deceitful tactics, imposition act causing "harms
way" and shows opportunity undue potential for loss concerning Younger v Harris the
defiance must deaden and nullify to follow statutory procedures in a financial litigations in
consistent in all government affairs. (citing) Armstrong v.Obucino, 300 Ill 140, 143 (1921)
Plaintiff is requesting the courts to issue and service summons on the Respondents due to
reasonable reliance to show cause on probable proximate cause (citing) Janove v. Bacon, 6 Ill.
2d 245, 249, 218 N.E. 2d 706, 708 (1953) Marbury v Madison.
(44)
(citing)Bacchus Imports, Ltd. v. Dias, 468 U.S. 263 (1984). This a legitimate case of reality
over frivolus theory that it is not reality or legitimate. The Circuit's Panel is constitutionally
obliged to rule retroactively contended that judicial decisions must always be retroactive where
the ruling and order are upside down untoward actual justice. Cobell v Norton, No. 03 -5314
(D.C. Cir. 2004) The executive order and court orders are an unconstitutional approach or illicit
attachments as having "consequences [that are] at once illogical and harmful." to Plaintiff
perspectives in fiduciary, bank and trust law.(citing) (quoting Id. at 2877 )(citing) In Re: United
States v. Dixon, 113 S. Ct. 2849, 2868 (1993) (White, J., concurring in the judgment)
The Magistrate Court in standard of review and sufficiency must take into consideration
executive order and "with prejudice" orders operate "outside the constraints of the
constitutions ". The Plaintiff has sound and ripe grounds that enable a transfer to District of
Columbia for an immediate show cause on the reasonable reliance probable to succeed in
favor of the Plaintiff without prejudicing the Respondents imperatively. Article III
constitutional initiative is preferred against popular hostility of the politics that may be involved
to further obstruct. (citing) Holmes, supra note 1, at 163 (noting that the Constitution
simultaneously [c]onstrains and empowers those holding offices that it helps create). (quoting)
(citing) The Federalist No. 51 (James Madison) (Clinton Rossiter ed., 1961)
(45)
MAGISTRATE DIFFERNCE OF OPINION
Within Statues of Limitations
SERVING ACTUAL JUSTICE
"All powers in difference of opinion by this Honorable Western of North Carolina"
STANDARDS OF REVIEW versus UPSIDE DOWN REVIEW
The Plaintiff within this request of a Motion to Transfer Venue in this magistrate court on the
grounds and conditions on the causative defecting reasons also that follows; inter alia:
Civil Justice Reform Act of 1990, Pub. L. No. 101 -650, 104 Stat. 5089 (1990) (Title I of the
Judicial Improvements Act of 1990) all powers within the statues of limitations and US Federal
Magistrate Rules assist the Plaintiff/Pro Se to acquire a just venue immediately to ignite the
administrative process to issue in the appearance of improprieties futures that will result as an
exaction or wrongful procurement.
(46)
Article III "all powers" Id. § 636(c)(4). to act with strategic enforcement by 28 USC 2462 for
actual justice developing role Pub. L. No. 96 -82, § 2, 93 Stat. 643, 643 (1979) United States v
Powell, 379 U.S. 48 (1964)(citing) ADMIN. OFFICE OF THE U.S. COURTS, INVENTORY OF
UNITED STATES MAGISTRATE JUDGE DUTIES (1991) [hereinafter INVENTORY OF DUTIES]
The "justifiable to practice with liberal allowance" Plaintiff /Pro Se is justifiable and without
judicial mischief nor posses before the magistrate vexatious , affirmative action to practice of
referring dispositive motions to magistrate judges because of the needs to "(1) re- briefing the
matter in its entirety for the appeal, and (2) wait a second time for a decision." (3) 636(c)(2) ex
dolo malo actio (citing)Halbstam v Welch, 705 F.2d 472 (D.C. 1983) there should be objection
due to natures of the litigation that should by ultimate facts and fruit of merits is shocking to
judicial on the entire suit's face. The Respondents have federal and constitutional question that
concern the innocent estate beneficiary.
(47)
This is a fundamental case with simple origins of trust law that should strike down by acts of
tyranny. (citing)Keech v. Sandford, 2 Eq. Cas. Ab. 741, Cas. Ch. 61, 25 Eng. Rep, 223
(1726). The executive order is act in perceptions of ex posto facto and "is egregious also" to the
bank, administrative and fiduciary law that cannot abolish nor strike down where end of justice is
a loss of estate as well as money deposits produced from the estate effects market value.
(citing)Stump v Sparkman, 435 U.S. 349 (citing) Loumiet v Office of the Comptroller, No. 10-
1288 (D.C. Cir. 2011)
(48)
"voluntary expedited" (citing)United States v Nixon, 418 U.S. 683 (1974) If parties waive their
right to trial by an Article III judge, their case will be placed on a track with limited discovery for
a disposition in less than nine months. Armstrong v Treasury, 2009- 3155 (Fed. Cir.)
(49)
Article II section 4 The magistrate court has reasonable cause to the entire suit upon [a] "rocket
docket" in the superior and receipt of these benefits would have been the consent to jurisdiction
by a magistrate judge. (citing) Younger v Harris, 401 U.S 37(1971) the executive order is
implemented or asserted against the Plaintiff in defiant political pressures that has a futures that
will defraud by deceptive executive order 31 USC 330. In Re: CIVIL JUSTICE EXPENSE
AND DELAY REDUCTION PLAN, U.S. DIST. CT. FOR THE W. DIST. OF TEX. 6 -7 (1992). 153
DIFFERENTIATED (citing) Kingslow v Treasury , 20009 -3030 (Fed. Cir) (citing)Korematsu
v United States, 323 U.S. 214 (1944)
(50)
(quoting)(citing)Asberry v. United States Postal Sery., 692 F.2d 1378, 1382 (D.C. Cir. 1982).
The Plaintiff is "not frivolous ", Pro Se refrained from coloring nor by this action is not judicial
inflation; confront the political case. The transgressions before the honorable magistrate judge is
repugnant and egregious politics involved are obnoxious to constitution. Article III in this matter
should have had [a] more explainable constitutional balance. Judicial Quality Improvement Act
bases issue back concern the court record there ease of proof as an improprieties present to
reenact on the legislative history before other magistrate in the interest of the United States equal
protections and even- handed justice within the meaning of the constitution. Federal Rule of
Civil Procedure Rule 15(c) ease of proof there is deception or omission of interest provable
distancing the political issue from particular allegations that have a muster strong enough for a
different impression. [A] reasonable reverse magistrate should strike the frivolous assumption
compel a inter -court exhaustion to investigate previously submitted consideration in
memorandum points of authorities entered by in the original complaint. "Ease of proof that will
rely" "where there is so treat the preiudice it makes clear disparity" in the court record "in
fact" that should reasonably cause difference de novo." On record court check and balance a
reversing magistrate should regard more as particular allegation as truth in the difference to
be heard. (citing)Jones v. Clinton, 520 U.S. 681 (1997), money as motivates particular
allegations that should have a qualified immediately on the docket. The political allegation is has
legitimacy and has legitimate deception; "where money is also issue" in one of "specific issues
in the element" that require diligently a quality revised opinion or require a total investigative
expedited review without assuming (citing) Jones v. Clinton, 520 by the originating dispensing
order district judge (quoting [at] 32)(citing) Tweel, 550 F.2d 297 (5th Cir. 1977) the summation
of prior review rendered upside down orders that should have objected on the points of
authorities and reconsideration that followed. Improving the quality to disparity does cause a
unqualified discriminate exaction by political procurement. The Respondent reasonable reliance
did refute and communicate with court concerning the allegation at some point in time when or
since the original complaint date.(quoting [at] 32)(citing) Tweel, 550 F. 2d 297 (5th Cir. 1977)
"Disparity will lie against the minor litigant." The difference of a reversing magistrate would
reasonably discern the prejudice with affirmative action in keeping the Judicial Canon afford the
minor litigant supply "Article of Same Right of Credibility" in any allegation or pleading
presented in the federal court imperative in any circumstance. (citing) Jones v. Clinton, 520 U.S.
681 (1997) (citing)United States v Holzer, 816 F. 2d 1014(7th Cir. 1987) "Disparity will lie
against the minor litigant." On the legislative history of magistrate judge cannot atone, affirm
and attest in conscience general knowledge; cease - desist is equal protections also to whoso ever
require affirmative action of magistrate to improve qualities and sound reviews with conflicting
perspectives in the constitutional legitimacy. "What else will lie "; Dicta by statue was not
observed where minority re -pleas in the magistrate to reverse for difference opinion against
political shaping.(quoting)(citing) Deborah Gregory, Joyce London Alexander: Meet the
Nation's First African- American United States Chief Magistrate Judge, ESSENCE, Jan. 1,
1997, at 48, 1997 WL 9154614. "The orders and issue is and are legitimately wrong." (citing)
Limerick v.Greenwald, 749 F.2d 97, 101 (1st Cir. 19841 (quoting at 32)(citing) Tweel, 550
F.2d 297(5th Cir. 1977) "Disparity will lie against the minor litigant." [United States v Keogh]
(51)
"Safety hearing officers of the environment" 28 USC 2332. authorizes circuit courts to
appoint general and special magistrates to investigate matters and conduct
hearings as the "eyes and ears of the court." (citing)Pasteur Med. Ctr., Inc. v. Wellcare of
Fla., Inc., 943 So. 2d 144, 147 (Fla. 3d Dist. App. 2006). These judicial magistrates
are held to the same high standard of impartiality as trial judges. Id. at 146 -147.
(52)
Federal Rules Criminal of Procedure Rule 59 Armstrong v Treasury, 2009- 3155 (Fed. Cir.)
The natures of issue as a whole speaks and articulate the implementation to vacate and
intervene on the species of coercion or duress. [Evans v United States] Probable cause standard
the Respondents executive order causing is dangers of financial loss wherewith prejudice. The
matters pleading are unresolved should not be abandoned nor disposed on the convenience to
abscond a beneficiary transfer of estate; inter alia. 28 USC 351 complain that matters underlying
the orders rendered are upside and do not mirror actual justice in the proper restitution. There is
improper tentative absolve that should reverse on a good cause of "cleans hands doctrine"
(citing) United States v. Kin -Hong, 110 F.3d 103, 109 (1st Cir. 1997) In Re: Korematsu the
Plaintiff's civil rights do not stop as pursuant of actual justice before magistrate court the
Respondent need to answer and respond on the nature of case retro- activated from the original
date of the initial complaint. (citing)Hoxha v Levi, 465 F.3d 554, 561 (3d Cir. 2006) (citing)
Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1433 (S.D. Fla. 1993) (citing)Coleman v.
Burnett, 477 F.2d 1187, 1202 (D.C. Cir. 1973) (citing) Garcia- Guillern v. United States, 450
F.2d 1189, 1192 (5th Cir. 1971) clean hands doctrine was first on the onset as benefit of the
Plaintiff as lineal beneficiary.(citing)United States v Nixon, 418 U.S. 683 (1974) The existing
prejudice orders are requested to rescinded imperatively to protect assure there is not a
unqualified nor unlawful procurement of the said estate property, financial documentations and
instruments, and money deposits set aside by the US Treasury for the Plaintiff to take posession.
The Respondents and court orders are in contrary as well as defy 18 USC 1001. Younger v
Harris. The Respondents are undermining with deceit and war against the constitution by
prejudiced tyrannical effect in all orders. The obstructions warrant actual justice in this
standards of review.
(53)
MAGISTRATE DIFFERNCE OF OPINION
"PROBRABLE CAUSE GROUNDS"
Magistrate Judge as Umpire Deciphering De Novo versus Transfer Venue
(quoting at 32)(citing) Tweel, 550 F.2d 297 (5t6 Cir. 1977) The Respondents executive order
presents a "jealous care" scheme. The executive order is actual malice that prejudice assert
sanctions against the Plaintiff with political defiance due to value of estate and amounts of
money deposits set aside. The Respondents have no reason for any assertion species duress nor
have any reason to assert implied powers against the Plaintiff what so ever. [Dicta] de novo by
the district court; inter alia (citing) [Watkins v. United States, 354 U.S. 178 (1957)1
fundamental restrictions the prejudice of executive order that keep beneficiary assets of money
and property are clearly asserted to strike down well established trust, fiduciary and bank law.
The compound "with prejudice combined with executive orders in the secrecy of government
affairs would propel the adverse effect to abolish and disconnect a fiduciary or beneficiary
connection.
(54)
(quoting at 32)(citing) Tweel, 550 F.2d 297 (5th Cir. 1977) the summation of prior review
rendered upside down orders that should have objected by original complaint to exceed the
fundamental constraints where asserts against the Plaintiff are misguided prejudice and clear
defiance of the Plaintiff civil rights. The Magistrate Judge is requested to dicta with difference
in actual justice untoward the prejudice assertion against Plaintiff. The executive order present
reckless endanger and deliberate indifference that conspire against the Plaintiff civil. The
Plaintiff compels this magistrate court de novo to intervene, "what else will lie ". The Plaintiff
deserves equal protection under the law the executive order against is purely deceptive and
knowing that its future would hide a slanderous or tyrannical acts by Respondents. "No Harm,
No Foul" the Respondents are irrational to induce such order against the Plaintiff. The
Respondents are coloring and delusional to assert orders against the Plaintiff "with so great the
prejudice ".
(55)
(quoting [at] 32)(citing) Tweel, 550 F.2d 297 (5th Cir. 1977) (citing) Watkins v. United States,
354 U.S. 178 (1957).(citing) United States v McVeigh, 918 F. Supp. 1467, 1472 (W.D. Okla.
1996) The Respondents are coloring and erroneous with enactment of executive order that is
actual evil distortion. The Respondents executive order enactment unduly creates a disguised
slander by a creative overacting evil zeal profile that clearly deceives the honorable holistically
the 4 th Circuit as spoliation and tortuous interference. (citing)Younger v Harris, 401 U.S
37(1971) the executive order is implemented or asserted against the Plaintiff in defiant political
pressures that has a futures that will defraud by deceptive executive order.
(56)
United States v Veal, 153 F.3d 1233, 1245 (11th Cir. 1998 ) "ex posto facto'; on the good
cause to commence the action against Respondents. The Plaintiff can show that a "fundamental
miscarriage of justice" where prejudiced executive orders and prejudice court order cannot be
sustained due in fact the Plaintiff is innocent (quoting [at] 32)(citing) Tweel, 550 F.2d 297 (5th
Cir. 1977), Moreover, the executive order enacted ignore all the Plaintiffs constitutional
protections and clearly intends to jeopardize to the opportunities continue a due process pursuit
of said estate property and money deposits set aside for the Plaintiff.[ Kingslow v Treasury] The
previous review as it set as "underlying matters sufficient to reverse as upside down orders" in
their prejudice. "Right to Rely" 37 C.J.S.
(57)
nullify the arbitrary action (citing)Korematsu v United States, 323 U.S. 214 (1944)The
Plaintiff rights do not stop and should discern the prior upside down review with prejudice the
executive order is solely money motivated by " olitics "and "jealous care" and actual malice of
executive order is to be discerned and cannot strike down bank trust and fiduciary law where the
Plaintiff was interned and lawful to benefit of the possession. ((citing)United States v Nixon,
418 U.S. 683 (1974) (quoting [at] 32)(citing) Tweel, 550 F.2d 297 (5h Cir. 1997))
(58)
United States v Holzer, 816 F. 2d 1014(7th Cir. 1987)Any findings to the contrary under the
facts of this case are clearly erroneous. (citing) United States v. Reynolds, 511 F.2d 603 (5th
Cir. 1975)(citing) United States v. Gunn, 428 F.2d 1057 (5th Cir. 1970) citing) United States
v McVeigh, 918 F. Supp. 1467, 1472 (W.D. Okla. 1996) The entire suit is within the statues of
limitations. The underlying previous materiality is formulized as it sets is adequate above a
speculative level. The specific elements in the required to purse on suspicious fraud, inter alia.
(59)
"Upside Down Review Requires Probable Cause Actual Justice"
[Brown v Mississippi] ((quoting [at] 32)(citing) Tweel, 550 F.2d 297 (5th Cir. 1997))
(citing)Daugherty v Ellis, 142 W. Va. 340, 357 -8, 97 S.E.2d 33, 42 -3 (W. Va. 1956) "To
establish malfeasance in office it is not necessary to show a. specific intent to defraud, or that the
act is criminal or corrupt in character." United States v Nixon spoliation is tortuous interference
with interference; where there is fruit necessary of equity of actual justice and justifiable for
revised difference of opinion on merits and grounds. The Plaintiff whereby this action to
rescind all orders as well as suspend all activities that plague the entire litigation causative a
continuums predicament adversely effect the Plaintiff, compelling grounds for action to absolve
matters, inter alia (quoting)(citing) 66 Central Law Journal 240 in this Western District of
North Carolina, Charlotte Division Magistrate Court The underlying matters are not beyond the
statue of limitations. 28 USC 2462.
(60)
Probable cause nullify the arbitrary action asserted against the Plaintiff (citing)Korematsu v
United States, 323 U.S. 214 (1944) The executive orders to freeze and conceal beneficiary raise
matter beyond the speculative level where money and estate is able to be traced. The executive
order is associated with aggravated torts or undue encroachment in constitutional and federal
question. The Respondent are plenary malicious to assert freeze of accounts and is reckless
indifferent to keep the entire estate property out of reach. The Plaintiff is innocent of issue in
which the court would not turnover possession to the Plaintiff. US v Tweel The orders rendered
"with prejudice" cannot stand in association with plenary arbitrary egregious executive order.
The magistrate judge by foreseeability and reasonable reliance there is dangers of future of a
total loss to Plaintiff. (citing)McKnight v. Commissioner, 127 F.2d 572 (5th Cir. 1942). This
court on the materiality case by seeking to protect against a unconstitutional preferential and
administrative prejudice should not be any compounding obstacles. At this critical stage this case
suffers from the lack of neutrality. (citing) Steinberg v. United States, 14 F.2d 564, 566 (2d
Cir. 1926) (citing) Commissioner v. Wilcox, 327 U.S. 404 (1946) (citing) National City Bank
of New York v. Helvering, 98 F.2d 93 (2d Cir. 1938) underlying facts in this particular case.
(citing) Rutkin v. United States, 343 U.S. 130 (1952). The executive order is a case to abandon
a case. This magistrate court has justification and sound grounds on the fruit of entertain and
aggravated merit involved in this litigation.
(61)
This magistrate is amicable to renew matters for actual justice retroactively "on the probable
cause determination in a particular case passes constitutional muster simply" (citing)Gerstein
v. Pugh, 420 U.S. 103, 125 (1975) ( "[A] fair and reliable determination of probable cause [is] a
condition for any significant pretrial restraint of liberty, and this determination must be made by
a judicial officer all order should be vacated and nullified" "money in the pocket" test Control or
possession of money has generally been held sufficient criterion.
(62)
The Plaintiff through the powers of magistrate court has enabling right of the government to
issue a new complaint, readdress and start over, in which may be initiated in this magistrate's
court. (citing)Collins v. Loisel, 262 U.S. 426 (1923); may commence action of transfer or
redirect to [a] "prosecutor to issue a new complaint and start over "is enough to call for a trial
of the charge on the merits and satisfies the requirements of the Fifth Amendment."
(citing) Lawn v. United States, 355 U.S. 399, 349, 78 S.O. 311, 317, 2 L.Ed.2d 321 (1958) an
indictment cannot be challenged "on the ground that there was inadequate or incompetent
evidence before the grand jury "(citing) Costello v. United States, 350 U.S. 359, 363, 76 S.O.
406, 408,100 L.Ed. 397 (1956)
(63)
(citing)Watkins v. United States, 354 U.S. 178 (1957) The order with prejudice cannot stand
executive order involved are erroneous and malicious asserted against the Plaintiff. The
Respondents are in plenary imposition or is abusive by positional duress, deliberate indifference
and lack probable cause for the imposition (citing) Riverside v. McLaughlin, 500 U.S. 44, 56
1( 991) ).(citing) United States v McVeigh, 918 F. Supp. 1467, 1472 (W.D. Okla. 1996) The
Respondents are coloring and erroneous with enactment of executive order that is actual
facilitation future of evasion that would spoil the beneficiary connection with estate property and
money deposits.(citing)United States v. Veal, 153 F.3d 1233,1245 (11th Cir.1998 ) "Framing
futures for a colored forfeiture" arrived by a slander. Flowing from the author hands as
mastermind "executive order effects" illicit impressment, exaction. (citing) United States v
Johnson,. 383 U.S. 169 (1966) United States v Graham, 275 F. 3d 490 560, 516 (6th. Cir. 2002)
Levowitz v Cunningham, 431 U.S. 801 (1977) Probable Cause to re -raise on 37 C.J.S. Fraud §
124, p. 452. " Where there is evidence is so clear, as to be susceptible of only one reasonable inference."
Dicta imperatively; on the copious conspicuous triable points. There is a unconscious and real
conflict fueling an arbitrary controversy that is politically impaired procedures or administrative
contamination. Implied right of action for an adjusted de novo judicial review should not
disappear. Review fraud by hindsight due to a "particularized pattern of overacts that are
visible" to re- analyzing by a fair and just inquiry on the particular fruit in the entire complaint
Moreover, the magistrate court should form the same "conspicuous jurisprudence hypothesis" as
so the Plaintiff has reasonably arrived with that same reasonable summation of the
predicament. (citing) McGrain v Daugherty , 273 U.S. 135 at 4 (1927) "to investigate
circumstances, investigate specific allegation and facts." (citing)Gerstein v. Pugh, 420 U.S.
103, 125 (1975) This a particular case passes a unconstitutional muster simply. Initiate the
magistrate's court. (citing)Collins v Loisel, 262 U.S. 426 (1923); may commence action
intervene for a transfer of venue or redirect as the ingredients of the case may need the prescribe
to [a] prosecutor to issue a new complaint and start over by the decisive materiality Federal
Rule of Criminal Procedure Rule 42(b) reasonable exhaustion in due diligence.
(64)
Article IIII magistrates must in any case refuse to grant orders that are inconsistent with the
Fourth Amendment or Ninth Amendment (citing) Johnson v. United States, 333 U.S. 10, 13—
14 (1948) The previous orders as they stand are inconsistent with Lattman, Fraud Ruling,
supra note 17. sure criterion for probable cause and actual justice in transfer to a new venue or
revisit on the original order (citing) Steinberg v. United States, 14 F.2d 564, 566 (2d Cir.
1926)(quoting [at] 32)(citing) Tweel, 550 F.2d 297 (5h Cir. 1997))
(65)
Armstrong v Treasury, 2009- 3155 (Fed. Cir.)moves and compels all requesting action in the
guidepost accurately "impact the docket with justice" Loumiet v Office of the Comptroller,
No. 10 -1288 (D.C. Cir. 2011) conspicuous administrative issue the materiality may conceal
injury and may to the Plaintiff contrary to responsibility of court in fair litigations where money
is the sum and fruit of the conflict. Cohens v Virginia
(66)
indictment may properly be based upon hearsay evidence. (citing) Costello v. United States,
350 U.S. 359 (1956); 8 J. Moore, Federal Practice 6.03[2] (2d ed. Cipes 1970, Supp. 1971)
(67)
C. Wright, Federal Practice and Procedure: Criminal 480 (1969, Supp. 1971) probable cause
may be based on "hearsay evidence in whole or in part." due in fact the Plaintiff is innocent to
assertion of freeze and withhold (quoting [at] 32)(citing) Tweel, 550 F.2d 297 (5th Cir. 1977)
adverse possession.(citing)Huddleston v. United States, 485 U.S. 681 (1988),executive order
is to causative of prejudice and implies future wrongful procurement.
(68)
Probable Cause - -- Show Cause
This rule permitting appeal, upon the trial court's determination of "no just reason for delay,"
from a judgment upon one or more but fewer than all the claims in an action, has generally been
given a sympathetic construction by the courts and its validity is settled. (citing) Reeves v.
Beardall, 316 U.S. 283 (1942)
(69)
(citing)Sears, Roebuck & Co. v. Mackey. 351 U.S. 427 (1956) A line of cases has developed
in the circuits consistently holding the rule to be inapplicable to the dismissal, even with the
requisite trial court determination, of one or more but fewer than all defendants jointly charged in
an action, i.e. charged with various forms of concerted or related wrongdoing or related liability.
(citing) Mull v. Ackerman, 279 F.2d 25 (2d Cir. 1960);( citing) Richards v. Smith. 276 F.2d
652 (5th Cir. 1960)
(70)
(citing) United States v. George, 971 F.2d 1113,1117 -18 (4th Cir. 1992) (citing) Anna Ready
Mix, Inc. v. N.E. Pierson Construction Co., 747 F. Supp. 1299, 1302 -1303 (S.D. Ill. 1990), for
proposition that Federal Magistrates Act forbids bringing new arguments "absent compelling
reasons ". This motion is capable to reverse under standard of review due in fact original
review was not determined by the correct standard. (citing) Stevens v. Tolbert, 471 F.3d 1173,
1176- 77(11th Cir. 2006) There was no hearing nor was there no fact findings. United States v
Holzer, 816 F. 2d 1014(7th Cir. 1987) (citing) Virenda Raiput v City Trading, No. 10 -15405
D.C. Docket No. 1:10- cv- 21654(llth Cir. 2012). (quoting) (citing) In Re: McNeil, 557 F.3d at
1292
(71)
[Dicta] de novo by the district court; inter alia (citing)Watkins v. United States, 354 U.S. 178
1( 957) fundamental restrictions The prejudice of executive order that keep beneficiary assets of
money and property are clearly asserted to strike down well established trust, fiduciary and
bank law. The compound "with prejudice" combined with executive orders in the secrecy of
government affairs would propel the adverse effect to abolish and disconnect a fiduciary or
beneficiary connection.
(72)
DECIPHER DE NOVO STANDARD OF REVIEW
"Federal Magistrates Act"
PRIOR UPSIDE DOWN REVIEW
Ethics in the Federal Government Act of 1978 section 6 The district court must be neutral
and order cause for transfer venue. The transfer will address all incuplatory, extrinsic and
intrinsic matters in the totality of this litigating predicament. Burke v Barnes, 479 U. 361, 363
(1987). The Plaintiff / Pro Se implied and enabling rights to request magistrate justice in the
keepings to re- decide most outstanding and most tortuous pronounced in this litigation at this
point by Ninth Amendment.
(a)
(citing) Defense Oriented Judges, Hofstra Law Review 2004[Vol. 32: 1483]
(b)
(citing) Judging Under the Constitution: Dicta About Dicta New York University Law Review
2006 [ Vol. 81: 1249 -1282]
(73)
Moreover, keeping the access to beneficiary assets and striking down right of law away from
the Plaintiff is the re- convening reason in this request to transfer venue this litigation by
Federal Magistrates Act's guarding against erosion and deterioration in the "catch -all
provision" authorizing magistrates to discharge "such additional duties as where issue are not
in total consistency with the Constitution and laws of the United States." Moreover, the
underlying matters have open liability grounds that are not objectively reasonable; dicern
suppression (quoting)(citing) In re Pennie & Edmonds LLP, 323 F.3d 86, 90 (2d Cir. 2003)
who had signed the filing of executive order to dispense "with prejudice" an into an
unreasonable retention. The executive order is proactive contamination, obstructs and poses to
distorts the facts of the case. Be It Known to the court the executive order supported by the
Department of Justice is a "bad faith continuum" In Re: Tutu Contamination Litigation,
F.R.D. 46 (1995), 78 -79 (D. Virgin Islands, 1995) wrongful polarization is capable of pecuniary
harm and intercede to circumvent the administrative judicial mechanics. Affirmative action is a
concrete way to challenge the Respondents in determinate consequence or absolve to something
or tort, that fixes an fiduciary obligation or imposes liability per regulation at law. (citing) Georator v.
EEOC, 592 F.2d 765, 768 (4th Cir. 1979) Further, "will have a sufficient opportunity to bring
its challenge to the legality" of a plan or regulation at some future time;" "when harm is more
imminent and more certain, the matter at issue is not ripe for adjudication by the courts ".
(citing) (quoting) In Re: Sassower v Mangano,_(Southern District, New York 1996)
(74)
Hainer v Kerner, 404 U.S 519 This request for Motion to Transfer Venue is a just revival
litigation that will survive on its own where matters not be failed to action by Administrative
Procedure Act Title 5. (citing) Todd David Peterson, Congressional Investigations of Federal
Judges, 90 IOWA L. REV. 1, 25- 29(2004) (citing) Halbstam v Welch, 705 F.2d 472 (D.C.
1983)(citing) Jones v Jones, 234 US 615 (1941)
(75)
Moreover, fundamental restrictions(citing)Watkins v. United States, 354 U.S. 178 (1957)
where as in the dispense executive order against Plaintiff is malfeasance before this court of law
is erroneous rational for the assertion, it is colored and manufactured allegation by executive
order against the Plaintiff that exceed constraints of Article I section 9. (citing) Federal Courts
Improvement Act of 2000, Pub. L. No. 106 -518, 4 202, 114 Stat. 2410, 2413 endorsed
minority position indifference of opinion by a magistrate where there are unconstitutional
issues in any sanctions dually reaching the opposite conclusion. (citing) (quoting) In Re:
Kiobel, 592 F.3d at 93 -96 (Cabranes, J., concurring) (Leval, J., concurring). (citing) (quoting)
In Re: Kiobel v. Royal Dutch Petroleum Co., No. 02CIV7618KMWHBP, 2006 WL 28502529
at *11(S.D.N.Y. Sept. 29, 2006).
(76)
(citing) Mobel v. Millson, 592 F.3d 78 (2d Cir. 2010) "reversed by a magistrate judge's grant in the
motion." "utterly lacking in support" The all said order or render not to dispense orders is an imposition
of "dangerous things" to subjective futures in pecuniary harm Id. at *2 (quoting) Storey y. Cello
Holdings, L.L.C., 347 F.3d 370, 388 (2d Cir. 2003)) standard on the "objective reasonableness"
standard. This motion is action of a must to vacate and execute new judgment orders in recoveries
for the Plaintiff's rights and recovery of beneficiary access to the estate property as well as the
adjoining accounts. Oneida Indian Nation v County of Oneida, 414 U.S. 661 (1974) Virenda
Rajput v City Trading, No. 10 -15405 D.C. Docket No. 1:10- cv- 21654(11`h Cir. 2012) United
States v Burkhalter, 1991 U.S. App. LEXIS 29282 (10`h Cir. 1991) The original complaint face
there was no known investigation that shed justifiable light on the Respondents nor it is only
irrationality and profiling assumption of reckless indifference that weigh against the Plaintiff in
allowance of assertion of implied powers of executive order. (citing)Steidl v Walls, Case No. 01-
cv2249(Central District of Illinois) "[n]othing remained but to execute the revised reversed
judgment order. "Id. (quoting) Bennett v. Gen. Caster Serv. of N. Gordon Co., 976 F.2d 995,
998 (6th Cir. 1992) (per curiam). The Respondents are holistically conspiring the Plaintiff civil
rights and discriminate with distress the ability to opportunities to recover or intercede ability to
ascertain beneficiary estate tangible property.
(77)
United States v Cox, 342 F. 2d 167 (5' Cir. 1965) (citing) Todd David Peterson,Congressional
Investigations of Federal Judges, 90 IOWA L. REV. 1, 25- 29(2004) Cooper v Aaron, 358
U.S.1 (1958)The inter circuit and district feedback cannot strike down trust law and
constitutional torts in deliberate ignorance of the fraud. This is a legitimate case that should
revive on its own materiality impression as it sets. (citing)(quoting) "Federal Magistrates Acts
and Magistrate Improvement Act of 2000" states the should be no retaliation for making the right
constitutional decision (citing) Judicial Transparency and Ethics Enhancement Act of 2005:
Hearing on H.R. 5219 Before the Subcomm. on Crime, Terrorism, and Homeland Sec. of the H.
Comm. on the Judiciary, 109th Cong. Respondents that attempt to facilitate a horizontal scheme.
(citing) In Re: Walker 128 USC 351 Complaint No. 05 -8537] (citing)In Re: Judge Nevas[ 28
USC 351 Complaint No. 05- 8540]. The Respondents executive order is an intercourt and
interagency (citing)Watkins v. United States, 354 U.S. 178 (1957) fundamental restrictions The
prejudice of executive order that keep beneficiary assets of money and property are clearly
asserted to strike down well established trust, fiduciary and bank law. concert that recovery
possession impossible for Plaintiff. It is general knowledge to Plaintiff there improper
communications between this court and Respondents before and after initiation of the entire suit
within this district as well as in the en banc or appeals court.(citing) United States v McVeigh,
918 F. Supp. 1467, 1472 (W.D. Okla. 1996) The Respondents are coloring and erroneous with
enactment of executive order that is actual facilitation future of evasion to spoil the beneficiary
connection with the US Treasury.
(78)
(citing) Steidl v Walls, Case No. 0 1 -cv2249(Central District of Illinois) (citing) United States v
Cruikshank, 92 U.S. 542, 557, 23 L. Ed. 588 .(citing) United States v. Veal, 153 F.3d 1233, 1245
(11th Cir. 1998) (citing) United States v Braasch, 505 F. 2d 139, 150 -51 and n.7 (7th Cir. 1974)
The underlying previous materiality is formulized as it sets is adequate above a speculative level.
The specific elements in the required to purse on suspicious fraud, inter alia. The points are
pled throughout the narrative to self - manifest. The sufficiency and standard of review are
cohesively binding a requirement to purse imperatively in revived proceedings. (quoting [at]
32)(citing) Tweel, 550 F.2d 297 (5th Cir. 1997))
(79)
DIFFERENCE OF COMPLEXITIES — STRIKE COMPLEXITIES NOT LAW
Decipher the Complex Issues — Sufficiency In Upside Down Matters
"Politics, Money, Land and Agent Cannot Be Totally Erroneous Nor Frivolous"
(quoting)(citing) Keech v. Sandford, 2 Eq. Cas. Ab. 741, Cas. Ch. 61, 25 Eng. Rep. 223 (1726).
The issues merits are requested to re- litigate in the courts to deciphering fruit ripe de novo on
first originating point of axiom in trust law, in which the fiduciary law and bank also dicta, inter
alia. The Plaintiff before has justification for affirmative action in relaxed standard of review
Congress has imposed in the magistrate court where money and is traceable. A district judge
may modify or set aside an order only if it is "clearly erroneous or contrary to law." Federal
Rule of Civil Procedure Rule 72(a). There is a judicial dilemma of obstruction in hierarchical
aspects of the litigation. As duty calls to attempt to deal with this issue. (citing )Honest Services
Restoration Act, H.R. 1468, 112th Cong. § 1346A (2011) The executive order encourages
misfeasance, wanton and capricious conduct. Moreover, the court is constitutionally just to apply
adherence to public policy of legislative intent. The honorable court by this motion should
discern any political posture and remove any appearance of venality. The magistrate court
should not be fooled by the previous orders and previous ruling are wrong. The magistrate court
has enough constitutional justification to discern impositions of adverse "[p]reemptive
prejudice "; face or confront a political litigation in the meaning of Article III.
(80)
A reversing magistrate; Article III factors weigh in the Plaintiff/Pro Se favor.(quoting)(citing)
TFWS, Inc. v. Franchot, 572 F.3d 186,194 (4th Cir. 2009). The impression of this litigation as
it set is strong enough to reverse or transfer under the magistrate judicial microscope. 28 USC
2462 matters before the magistrate court are raise above speculative level for a probable cause
intervention in the interest of justice. Federal Rule of Civil Procedure Rule 15(c)(citing)
Loumiet v Office of the Comptroller, No. 10 -1288 (D.C. Cir. 2011)(citing) Cobell v Norton, No.
03 -5314 (D.C. Cir. 2004)
(81)
A reversing magistrate judge in the difference that decipher for de novo is justifiable in the
"right to rely" assisting deception for the Respondent is the wrong indicator by this court
((quoting [at] 25)(citing) United States v Tweel, 550 F.2d 297 (5t' Cir. 1997)) silent and
invisible executive order in position is a relevant "strategic omission ". A reversing magistrate
judge is justifiable also in the "right to rely" that "with prejudice" that prematurely or unduly
close underlying applications of law where issues problems are legitimate in [a] original
pleading federal complaint. A reversing magistrate judge is justifiable in affirmative action is
also proper in the "right to rely" prior requesting motions submitted before this court has also
[a] "strategic omission" illicit assertion to apply "with prejudice" on the case record where
money and land is traceable. The court is assisting in false light by ex posto facto a broader
clarifying interpretation striking down well established trust, bank and fiduciary law, wherefore
is elementary guidepost of common law.
(82)
There is apparent deviation in a financial issues under submission before the court.(citing)
Swanson v Bank of America, N.A., 563 F.3d 634, 636 (7th Cir. 2009) The totality of tort is
deviating from profession financial standards where the court have interest of administrative
responsibility also. (citing)United States v. Johnson, 187 F.3d 1129, 1132 (9th Cir. 1999).
(quoting at 12)(citing) Barret v United States,798 F. 2d 565 Article III factors weigh in the
Plaintiff/Pro Se favor. Armstrong v Treasury, 2009- 3155 (Fed. Cir.) A reversing magistrate
judge is justifiable in affirmative action. The prejudice orders court is politics that undermine
that Pro Se efforts in the entire litigation as it set on the court record. (quoting)(citing)United
States v. Dunkel, 927 F.2d 955, 956 (7th Cir. 1991) "Specify the pages you rely on."
(83)
RELATIVE EASE NOT END OF JUSTICE IN THE DIFFERENCE
"Grounds In 42 USC 1983"
Federal Rule of Civil Procedure Rule 73(b)(3) The Plaintiff/Pro Se is requesting this
magistrate court to reverse on additional fundamental grounds violating the Ninth Amendment.
The prior ruling and orders are oppressive as well suppressive assisting as proximate cause of
unreasonable retention to the lawful beneficiary. ( quoting)(citing) District of Columbia v
Heller, 128 S. Ct. 2783 (2008). This litigation suffer undue dismal inaction not within the
meaning and protections of the US Constitution. This District Court and 4`" Circuit Court of
Appeals is total out -of -step with the US Constitution Hilton v Guyot this motion requested to
act and move in difference by this honorable court, Western District North Carolina; Charlotte,
Division. The Plaintiff/Pro Se compels the magistrate with federal force by applicable federal
magistrate rules due to "in fact'. The entire is upside down as a inadequate review where 28
USC 2462 suffices for more and revised application of actual justice to advance opportunity for
absolve new venue "in the storms suspicious of the fraud." In the difference de novo the
Plaintiff complains further on the grounds of injustice of dismal action and understanding of
merits are clearly presented it is capable to survive on its own without having the same problems
in the District of Columbia Circuit. This case has vexing problems that must imperatively to
avoid and fix the injustice, pecuniary harm and duress minas: unreasonable retention was not
examined by due process rule of law. (quoting)(citing)Furman v Georgia, 408 U.S. 238 (1972)
(quoting)(citing) Lochner v New York, 198 U.S. 1905. (citing) Watkins v. United States, 354
U.S. 178 (1957) `fundamental restrictions". .(citing) United States v McVeigh, 918 F. Supp.
1467, 1472 (W.D. Okla. 1996) The Respondents are coloring and erroneous with enactment of
executive order that is actual facilitation future of evasion to spoil the beneficiary connection
with the US Treasury. (quoting)(citing)Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004) Article
III factors weigh in favor of the Plaintiff where so great the prejudice of discriminative politics is
asserting erroneous implications that cause a civil conflict of interest untoward the civil right
wherewith the Plaintiff should not incur due to no foul in an interest of United States that would
deny standing of citizen advance litigations in financial or beneficiary. Plaintiff /Pro Se
"vacating an upside down order" by prior review is also obstruction of justice as the orders set. The
Plaintiff/ Pro Se request reversing to transfer as [a] legitimate case to [a] just venue also thereto nullify
all arbitrary action (citing)Korematsu v United States, 323 U.S. 214 (1944) extraordinary
circumstances the executive order should cancel unreasonable retention on the service of
process against Respondents.
(84)
((quoting [at] 25)(citing) United States v Tweel, 550 F.2d 297 (5`' Cir. 1997)) silent and
invisible executive order is an egregious imposition of deception that is induced by colored or is
intended to irrational expectations dramatic events that will sever US Treasury connection as
beneficiary. The executive order is silent malicious "onset intentionally to contaminate the
situation of suit in controversy. ", it's reason for implementation against the Plaintiff purely
unadulterated political defiance with expectation of contrary, egregious or arbitrary contrary
futures of wrongful deprivation and loss by its act. [Younger v Harris]
(85)
The Plaintiff has no wrongdoing that disqualify rights to process beneficiary in the proper
federalism ways nor deny access to the court within 4th Circuit. (citing)Watkins v. United
States, 354 U.S. 178 (1957) fundamental restriction. In Re: McVeigh, 918 F. Supp. 1467, 1472
[United States v Jones, 132 S. Ct. 945 (2012)] Plaintiff in retrospect request in equilibrium
adjustment to apply actual justice not detrimental ends of justice where latitude of Respondent is
likely to commit fraud and causative of loss to money and estate assets. US v Tweel
(86)
Federal Rule of Civil Procedure Rule 73(b)(3) "Upside Down Reviews" require [a] reversing
magistrate to ignite the administrative process and transfer the case with affirmative action
revival on the merits. (quoting)(citing) Jones, 132 S. Ct. at 950(quoting)(citing) Kyllo, 533 U.S.
at 34.
(87)
Magistrate Difference of Prejudice Not Striking Down Fiduciary
Expectations In Trust and Bank Law
Rule 73(b)(3) deciphering "Grounds In 42 USC 1983"
Article III factors weigh in the Plaintiff/Pro Se favor. (citing)Younger v Harris, 401 U.S
37(1971) the executive order is implemented or asserted against the Plaintiff is defiant political
malicious pressures that has a futures likely goal will abolish and defraud by deception of
executive order. ((quoting [at] 25)(citing) United States v Tweet, 550 F.2d 297 (5th Cir. 1997))
silent and invisible executive order is an egregious imposition of deception that is induced by
colored or is intended to irrational expectations dramatic events that will sever. [A] reversing
magistrate does not have to require proof of danger any pecuniary harm in the difference to
reverse and transfer judicial direction with `fundamental restrictions" to be implied in the
interesting corruption appearance on the following grounds:
(1)
"no proof of civil fraud is needed and can encompass a broad range of conduct that appear as
deliberate deception in which a false justification is a danger to the Plaintiff." ( quoting)(citing)
Van Dyke v Bd. Governors, 876 F. 2d 1377,1379(8th Cir. 1989)
(2)
"There is a fact pattern that exist" where Western District Court of North Carolina is wrong on
all or is wrong in part, statues of limitation make so review in the constitutional and statutory
torts by 28 USC 2462 (quoting)(citing) MayoCinic v Kaiser, 383 F. 2d 653 (8Ih Cir. 1967)
United States v Holzer, 816 F. 2d 1014(7th Cir. 1987)
31
[Younger v Harris] Compelling on fact in merits; defiant causation in US Treasury matter that
effect surroundings of the Plaintiff directly and indirectly duress minas; whereby there should
be no describing species with duress minas. inter alia
Cpl;
( quoting)(citing) 66 Central Law Journal 240 The latitude of the Respondents must be
judicially re- constrained if they are causing a current, risk dangers or is likely in succeed
pecuniary harm to the Plaintiff causative loss opportunity in the asset, In Re: Younger political
"jealous care" inter alia. The executive order is supporting a just cause of objective
reasonableness and reasonable reliance, visibility is irrelevant but it effects is sufficient to the
reasonable mind in difference for [a] reversing magistrate to review in remedial or actual justice.
Beginning absolve in the venue what else will lie (quoting)(citing) Profitt v FDIC, 200 F. 2d
855, 865 (D.C. Cir. 2000) (quoting)(citing) United States v Stoller, 78 F. 710, 723 (1St Cir.
1996) ( quoting)(citing) Oberstar v FDIC, 987 F. 2d 494, 500 (8th Cir. 1993)
(5)
The Respondents are causing a conflict by exceeding, technical or inadvertent; direct or indirect
effect to Plaintiff. This motion is just affirmative magistrate action in deciphering difference
dangers of conflict, difference of latitudes and difference deception de novo
(6)
(quoting)(citing) United States v Wilkes, No. 08 -50063 D.C. No. Cr. 00330 - LAB- OPINION(9th
Cir. 2011) (quoting)(citing) Kingslow v Treasury , 20009 -3030 (Fed. Cir)
In Re: David E. Steinberg, The Motion to Transfer and the Interest of Justice, 66 NOTRE
DAME L. REV. 443, 452 (1990)
(88)
IMPACTING DIFFERNCE TO AVIOD SUBVERSION BY APPEAL
"The Utility of Lying versus Upside Down Review Still Strikes Down"
Reversing Grounds
Federal Rule of Civil Procedure Rule 83 (citing) Free v. United States, 879 F.2d 1535, 1537
n.l (7th Cir. 1989) still requires the administrative process to be exhausted. All action requested
as pursuant by Plaintiff is amicable as just truths in that pursuit against the Respondents thorough
the reversing magistrate.
(quoting)(citing) In Re: Judge Jordan litigations are complicated and contaminated with illicit
political tactics in the courts. [United States v Nixon] Thompson v The Florida Bar and Dava
J. Tunis, Case No. 1:07- cv- 21256AJ (Southern District Florida 2007) "In the difference"
avoiding any continuum of inhibited diligence of judge that should liberally allow the transfer or
reversal. [Younger v Harris] the Respondent are defiant of trust, bank and fiduciary law that is
involved. Federal Rule of Civil Procedure Rule 83
Rule 83 (quoting)(citing)Richardson Greenshields Sec., Inc. v. Lau, 825 F.2d 647 (2d Cir.
1987) The double play on the federal rules of procedure should not adversely further redress of
ripe entailed materiality to process in a new venue or be expedited to this honorable imperatively
by a just procedure and practice . In Re: Free Plaintiff conveys and pursue through this request
of motion is amicable. The difference of reversing magistrate impact is requested to affirmatively
adjust matters into constitutional conformity in the difference. Moreover, the totality and
summation of this litigation is upside down as it sets on its own ultimate impression meriting a
re- determining review holistically. The Plaintiff conveys and compels with federal constitutional
force to a reversing magistrate. In such condition, there are too many indicators that undermine
the objective of litigation at this point of motion act in accordance due to those natures and torts
involved that imperatively can sue be magistrate. The Plaintiff is making the next appropriate
and diligent step due to prior inhibited decision of inaction of the merits. Cobell v Norton, No.
03 -5314 (D.C. Cir. 20041 (quoting)(citing) Profitt v FDIC, 200 F. 2d 855, 865 (D.C. Cir. 2000)
( quoting)(citing) Van Dyke v Bd. Governors, 876 F. 2d 1377, 1379(8t' Cir. 1989) Article III
factors weigh in the Plaintiff/Pro Se favor. Federal Rule of Civil Procedure Rule 73(b)(3)
(89)
Federal Rule of Civil Procedure Rule 83 (citing)Korematsu v United States, 323 U.S. 214
1( 944) The executive order and "with prejudice" of this suit has made it impossible for Plaintiff /Pro Se
litigants to filed to motions to act into compliance pursuant against the Respondents. The ultimate subject
of the ligation is money and estate in adverse duress due to acts of individual Respondents associative
with US Treasury affairs. Loumiet v Office of the Comptroller, No. 10 -1288 (D.C. Cir. 2011)
The through a reversing magistrate must reverse adjust to local conditions practices" which lacked
consonance. The magistrate impact of individual judges in prior order must make conscience effort
avoid non - exhaustive subversion and avoid proliferation that ultimately end justice as an undue
exaction. The imposition of executive order and prejudice should strike or spiral down trust nor
bank law that protect and disburse to the beneficiary as Plaintiff. The reversing magistrate
should not sacrifice justice nor continue to distance this litigation any further as the
circumstances and natures in all articulation presented prior to this transferring effort.
( quoting)(citing) 66 Central Law Journal 240 This prejudice orders are causing a problem and
is sacrificing justice duress minas.(quoting)(citing) In Re: Richardson, 825 F.2d at 652.
uotin (citing) Earle v. United States, 152 F. Supp. 554, 555 (E.D.N.Y. 1957)
uotin (citing) Bagby v. United States, 199 F.2d 233, 236 (8th Cir. 1952) Article III factors
weigh in the Plaintiff /Pro Se favor. Federal Rule of Civil Procedure Rule 73(b)(3) raise
procedures serious due process concerns that have been ignored in the inexorable drive towards
increased judicial management.
(90)
MAGISTRATE DIFFERENCE OF SUBVERSION
"Disparity Will Lie Untoward Fiduciary Law" - "The Utility of Lying versus Ease of Proof'
Grounds of Impacting Variables De Novo Difference of Judge
Federal Rule of Civil Procedure Rule 83 (citing)Korematsu v United States, 323 U.S. 214
1( 944) The executive order and "with prejudice" of this suit has made it impossible; " with disparity by
executive order induces to wreak havoc by unreasonable retention or is causation of reckless
indifference in estate property and money account deposited for Plaintiff set aside by US
Treasury. (quoting)(citing) Kingslow v Treasury, 20009 -3030 (Fed. Cir) The executive order
is "intentional infliction" due to also a political objective; inter alia. (citing)United States v
Mandel, 591 F.2d 1347 at 60 (4th Cir. 1979) . (citing)Watkins v. United States, 354 U.S. 178
(1957) fundamental restriction ". In Re: McVeigh, 918 F. Supp. 1467, 1472(citing) United
States v. Veal, 153 F.3d 1233, 1245 (11th Cir. 1998) The underlying previous materiality is
formulized as it sets is adequate above a speculative level. The specific elements in the required
to purse on suspicious fraud, inter alia. The merits points are pled by amicable axioms of law
throughout the narrative to self - manifest. The sufficiency and standard of review are cohesively
binding a requirement to purse imperatively in revived proceedings. (quoting)(citing) United
States v Tweel, 550 F.2d 297 at 25 (5th Cir. 1997) silent and invisible executive order is an
egregious imposition of deception that is induced by colored or is intended to irrational
expectations dramatic events that will sever constitutional right to equal protection of the law.
The executive order undermine are initiated to end it with dispatch, by its effects "crit" tactics
of subversion. Halbstam v Welch, 705 F.2d 472 (D.C. 1983) (citing)United States v. Veal, 153
F.3d 1233, 1245 (11th Cir. 1998). The executive order converting a carefully calculated series of
legal arguments or overacts to undermine the original legitimate intention. 66 Central Law
Journal 240 The executive order ordered the end of laws. (quoting)(citing) Profitt v FDIC, 200
F. 2d 855, 865 (D.C. Cir. 2000) (citing) United States v Stoller, 78 F. 3d 710,723 (1St Cir.
1996) "Reversing Difference of Cases Opinion ", in which executive order goals seem worthy but
are actually administered in a discriminatory manner discriminatory purpose, it is will lie was
behind the disparity. The executive order was not order necessary in order to prevent a greater
evil it sole function is persuasive to undermine the judiciary is supposed to protect. United
States v Braasch, 505 F. 2d 139, 150 -51 and n.7 (7th Cir. 1974) (citing) Rutkin v. United
States, 343 U.S. 130 (1952). The executive order is a case to abandon a case. This magistrate
court is justification and sound grounds that it is imposes arbitrary disparity to intentionally and a
violated motive undermining the original intent of US Treasury. (citing)United States v Nixon,
418 U.S. 683 (1974) Newsome v Treasury, 2009- 30199(Fed. Cir.) Respondents inhibit the
disburse all property and set aside accounts in which the Plaintiff was to take sole possession in
institution of the executive order; this court's orders are assisting deceptive and arbitrary
venality. The executive order conspicuous vestige of formal discrimination in the law to
challenge on the grounds that it is imposes arbitrary disparity to intentionally and a violated
motive undermining the original intent of US Treasury. (quoting)(citing) United States v Tweel,
550 F.2d 297 at 24 (5h Cir. 1997)) Idd, 550 F.2d 297 at 25. (citing) Loumiet v Office of the
Comptroller, No. 10 -1288 (D.C. Cir. 2011)
(91)
"Upside Down Review Did Not Discern Utility To Lying"
Deciphering Difference May Dicta Reasonably Concluding Which Fraud
Force or Fraud
United States v Graham, 275 F. 3d 490 560, 516 (6th. Cir. 2002) subsequent equal protection
challenges based on claims of discriminatory purpose might well lie. The district judge failed in
reduction of the disparity Cooper v Aaron, 358 U.S.1 (1958) the district judge failed ease of
proof is also "in fact" a finding the disparity bank, trust and fiduciary violation equal protection.
Brown v Mississippi the order executive orders are erroneous assumption, malicious
stereotypical profiling, colored and irrational scheme. United States v McVeigh. The
Respondents are "headline grabbing" the Plaintiff has nothing in the interest of the United States
where a reasonable court would not consider subversion in the nullification court orders and
the executive orders in this case. The Respondents are anti -court to conceal truth in the matter
and conceal the asset out of reach and out of a reason perspective expectations of fiduciary
guidelines in normal government affairs to reasonably acquire everything entailed in the estate
effects. The Respondents are defiant Younger v Harris The court failed by reluctant to diligently
process of exhaustion in the examination of institution. Wherefore, this court has no finding of
disparity bank, trust and fiduciary law violations with equal protection Marbury v Madison
political utility of subversive activity will be required to lie. The Utility of Lying subversion
would be part of a broader political campaign subversion of case. United States v Holzer it so
great the prejudice "have not the right to decide any question of law "; "'their duty and oath to
apply to the facts as they may find them." McGrain v Daugherty , 273 U.S. 135 (1927)[ at 4 ] 'to
investigate circumstances, investigate specific allegation and facts. The orders that are
implement holistically, explicitly defied existing law. Virenda Raiput v City Trading, No. 10-
15405 D.C. Docket No. 1:10 -cv- 21654(1 lth Cir. 2012)
(92)
"Disparity Is Likely in White Collar Procurement"
"Variables Impacting Judges' Decisions and Reversing Magistrate" more likely in the
Difference examining disparities in financial institution does have impact perseverance in pursuit
on the known facts. The judges are out of step without correcting issue on the merits variables to
determine their impact on known facts of white collar improprieties are going uncontested or
unnoticed is increasing the difference of consistency where the government disparity may break
the law versus similar non - government nature or apply even handed pursuit as to similar
characterized lawsuits. The orders and preemption is displaced and dangerous in continuum may
result, un- absolved torts, in total loss of financial assets or may result as a total beneficiary loss.
(quoting)(citing) Koon v. United States, 518 U.S. 81, 113 (1996) avoiding unwarranted,
unjustified disparities, reach toward the evenhandedness and neutrality as a practical effort
toward the achievement of a more honest actual justice in which the previous review was
upside down without any adequate exhaustion. Moreover, the government does have similar
interest of white collar improprieties that may disguised in the politics. This court should reject
the Respondents argument between the transfer to venue. (quoting)(citing) United States v.
Gerby, No. 01-8077,2002 U.S. App. LEXIS 9768, at *15 (10th Cir. May 22, 2002) (discussing
the split of authority between the Circuit and the District, but not stating the position of any other
circuits) the executive order is implemented or asserted against the Plaintiff is defiant political
malicious pressures that has a futures likely goal will abolish and defraud by deception of
executive order.
(93)
REVERSING MAGISTRATE STRIKES DOWN INTERCIRUIT CONFLICT
PLENARY ARTICLE III PATH ORIGINALLY REJECTED
"Trustee Force or Fiduciary Fraud'
Grounds and Discussion
(quoting [at] 25)(citing) United States v Tweel, 550 F.2d 297 (5" Cir. 1997) There are too
many tiaras in the axiom of law. Moreover, where disparity is an ingredient of this suits conflict
as it sets is breeding or effectuating a mountain versus a molehill consequence of dismal
inaction. This requesting Motion to Transfer Venue is affirmative action to attain modifications
in the lawsuit. (citing) Rosenberg, supra note at 9, 711. There are proposed cures for the current
problems of fiduciary, bank, and trust law. The Respondent present disparity, ill- manner and
disregard to fiduciary law designed not to profit own from exploitation of those laws in
procedures that are well - established to maintain a legitimate functional relationship between
Plaintiff and US Treasury. "Business judgment rule" (quoting)(citing) Law v Law, No. 14352,
1997 WL 663293, at *2(Del.Ch. Oct 1997) (quoting)(citing) Smith v First Nat'l Bank, 624 N.E.
2d 899, 907 (Ill. App. Ct. 1993) (quoting)(citing)Davis v United States, 495 U.S. 472, 483
(1990) Afford the Plaintiff a sufficient opportunity to bring a challenge where harms and loss is
imminent. Moreover, the executive order is a threatening certainty to cause a loss or whereby is
knowing to make the estates property assets out of reach is a plenary fact. The executive order as
duress minas and unreasonable detention amicable to reset the matters at issue that were not ripe
for dismissal adjudication by the district court. A transfer is a concrete way to challenge the
consistency and uniformity in resolving the conflict by Plaintiff. (quoting)(citing) Kingslow v
Treasury , 20009 -3030 (Fed. Cir) "disparity in the case" at this point is structural bias and
constructive prejudice by allowing the executive order to continue to be an imposition as
aggravated positional duress. "In the difference to decipher "; disparity is also a proximate and
probable ingredients causative of a predicament. A reversing magistrate by the business
judgment rule scrutiny. United States v Kenny, 409 U.S. 914 (1972). ( quoting)(citing) Kingslow
v Treasury , 20009 -3030 (Fed. Cir) "Disparity Within the Prejudice" (quoting)(citing) Cede
& Co. v. Technicolor, Inc., 634 A.2d 345, 361 (Del. 1993) ( quoting)(citing) Litwin v. Allen,
25 N.Y.S.2d 667, 678 (1940) The executive order and "with prejudice raise issue again in
suspicious or should raise conspicuousness to reasonably rely by a business judgment general
rule.
(94)
Article III factors favor the plaintiff in the difference of reversing magistrate in determining actio
libera in causa. The Respondents by enacting a executive order is willful neglecting or is
ignoring fiduciary duties in reasonable expectations to transfer the estate and deposited accounts
set for the Plaintiff by the US Treasury, without complication prior to the Respondents egregious
activity of executive order. The Plaintiff rights do not stop where a administrative procedure war
in a gridlock as an unreasonable retentive freeze. (quoting)(citing) City Bank & Trust Co.
Lesman, 542 N.E. 2d 824, 826 (Ill. App. Ct. 1989) (quoting)(citing) Jewel v Capital Nat'l
Bank (Tex Ct. App. 1981) The reversing magistrate court did not assert any exhaustion to
recover asset for the beneficiary as Plaintiff /Pro Se in keeping with statutory design to meet the
right. United States v Burkhalter, 1991 U.S. App. LEXIS 29282 (101h Cir. 199 1) Virenda Rajput
v City Trading, No. 10 -15405 D.C. Docket No. 1:10 -cv- 21654(1 lth Cir. 2012) The duties of the
trust is determined by statue of common law to process account and estate property to the
beneficiary. The Respondent are unqualified as government official to imply powers that cause
any species duress that dispense or effectuate a conflict of interest US v Tweel In the interest of
justice and interest in the interest of corruption a reversing magistrate must understand by a
general business shame issues that reasonable foreseeable in the suit as it sets. (quoting)(citing)
United States National Bank of Portland v Guiss, 331 P. 2d 865, 876 (Or. 1985)The role of
money where there is politics also, was failed to see many tiaras presented for a reasonable
opinion in difference expectation. The district court failed in the interest of justice to foresee any
venality as errors of interpretation also. (quoting)(citing) Citizens United v FEC, 130 S. Ct.
876 (2010) (quoting)(citing) Austin v Michigan Chamber of Commerce, 494 U.S. 652 (1990)
The Respondents are oppressive and evade by unreasonable detention create a missed
opportunity by implying egregious executive powers where institutional forces should not.
(quoting) Id. Guiss, 331 P. 2d 865, 876. The reversing magistrate in the deciphering difference
discerning more disparity elements in the issue executive orders activity induces contrary
direction caused by arbitrary action. The Respondents should mingle politics into the situation
of money and property, it is changing original legitimate criterion of the intent to disburse
through rights to Plaintiff. "Not with complication" is a factor in the ease of proof the soundly
favor the Plaintiff. Id. at 329 Union Trust, 149 N. YS. 324, 329 (quoting) (citing) In Re: Union
Trust Co. of N.Y. 149 N.Y.S 324, 329 (Sur. Ct. 1914) (quoting) (citing)Lawyer Sur. Corp. v
Whitehead, 719 So. 2d 824, 830 (Ala. Civ. 1997) The district court should have avoided
striking this suit. United States v Graham, 275 F. 3d 490 560, 516 (6th. Cir. 2002)The district
court should have instituted objective reasonableness and proceeded imperatively with strategic
enforcement eliminated the frivolous assumption and removed all distorted filters on factual
details that are provided by the Plaintiff in original complaint. [ US v Tweel ] Newsome v
Treasury, 2009- 30199(Fed. Cir.) Nation v United States, 10 -382 (Fed. Cir. 2011) Cobell v
Norton, No. 03 -5314 (D.C. Cir. 2004) Tiaras and axiom points to a reasonable reversing
magistrate upside down issue in the difference chose a considered reflection and path that
originally objected.
(95)
The independent magistrate should reasoned fail of consistency and uniformity within the circuit
and district the dismissal is irrelevant it has no value in law by impressing statues in that keep
"triad of duties" true in a just magistrate court. The Plaintiff make diligent effort to dispel an
injustice and effort to avoid further retention; diminish the opportunity for loss .(citing)Brown v
Allen, 344 U.S. 443, 489 - 497( 1953)(quoting)(citing)Cinerama, Inc., v Technicolor, Inc. 663
A. 2d. 1156- 1164(Del. 1995) "Battling The Restraints of Generality" The Respondent
impropriety cause a conflict with political conjecture and political disparity into a general
doctrine US Treasury situation spoiling a transaction in the invisibility [Bohus vBell]
(quoting)(citing) Monell v Department of Social Service, 436, U.S. 658,701 (1978)overruling
Monroe v Pape, 365 U.S. 167(1961) (quoting)(citing)Continental T. Y., Inc v GTE Sylavania
Inc., U.S. 36,58 (1979) overruling United States v Arnold, Schwin & Co., 388 U.S. 365 (1967)
This motion is acting for by the same powers to resolve conflict of duty in the difference to affect
matters with a uniform plenary review to cure structural bias, nullify the constructive prejudice.
The issue of case is upside down disparity has been due consideration for new trial in the district
court prior in original and entire submission on the court files. In Re: Rosenberg, supra note 9,
711 Hilton v Guyot
(96)
ARTICLE IV VARIABLES FACTORS IN DIFFERENCE DE NOVO
"Ease of Proof to Cure Upside Down Disparity in Lawsuit"
"Reversing Magistrate Recognizing Reasonable Inconsistencies"
"Under The Judicial Microscope Consist Grounds of Prima Facie"
Federal Rule of Civil Procedure Rule 73(b)(3) raise procedures serious due process concerns
that have been ignored in the inexorable drive towards increased judicial management. Federal
Rule of Civil Procedure Rule 83 (citing)Korematsu v United States, 323 U.S. 214 (1944) The
executive order and "with prejudice" of this suit has made it impossible; " with disparity by executive
order induces to wreak havoc by unreasonable retention or is causation of reckless indifference
in estate property and money account deposited for Plaintiff set aside by US Treasury. The
executive order is a case to abandon a case not so abandon where powers destroy into effect a
bankruptcy in the difference is pertinent. The Plaintiff has adequate sufficient grounds Prima
Facie to reverse matters in a clarified reexamination of the entire beneficiary estate course due
of issue within the halls court process and as well as activity outside the hall of court. The
lawsuit "with prejudice" is not exonerated without application of ignoring powers is dangers of
pecuniary harm to the Plaintiff/Pro Se. The executive order should condone the prejudice of case.
[With] general business rule would reasonably foresee and reasonable rely there is clearly
avoidance that is erroneous dehiscence of fiduciary connection; obvious concealment to justify
again "with prima facie ". The issue in the element should not dispose by judicial canon in any
financial litigation. Moreover, the Plaintiff's statutory and constitution pursuit do not stop due to
error of assumed frivolity; which is also [a] compounding powers that also inhibit recoveries
inconsistent holistically as this suit sets is wrongfully financial fatal without [a] reasonable
exhaustion powers of inquiry. The opportunity of wrongful and unqualified procurement estate
property and set aside account should have the afford of a unconscious judicial concert that strike
down fiduciary, trust and bank laws with undue abruption by egregious orders.(quoting)(citing)
United States v Tweel, 550 F.2d 297 at 36 (5' Cir. 1997) Evans v United States
(97)
This magistrate court is justification and sound grounds that it is imposes arbitrary disparity to
intentionally and a violated motive undermining the original intent of US Treasury.
(citing)United States v Nixon, 418 U.S. 683 (1974) . Article IV "If had destroyed the power
judges destroy, the powers of [a] reversing magistrate judge would make a re- analyzed
consistent final adjudication for good [a]causes of constitutional factors "; give raise of
speculation that favor Plaintiff /Pro Se. "Actual fraud would imperatively transfer the venue of
this case for statutory advancement, would not be ruled out whereby a reasonable inquiry
would purge" (quoting)(citing) Olde Prairie Block Owner, LLC, 457 B.R. 692, 701 (Bankr.
N.D. Ill. 2011)
(98)
In the difference Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004), the Respondents initiated
executive order that many tiara and axioms that act in manner contrary to criterion and act in
contrary direction that will destroy in continuum. The problem before is legitimate and ripe issue
in the element that adversely effects procedural safeguards in truth. Marbury v Madison. The
executive order is a financial and probate and fiduciary defiance to cause a unusual species of
duress in matters in concurrence with US Treasury prior to "intentional infliction" by Respodents
inducement of the oracle Cooper v Aaron, 358 U.S.1 (1958) The executive order is suspense in
government secrecy to posture as egregious administrative obstacle knowing that known
executive order would be loss causative. Aiding and Abetting "to undermine the ordered the
end of laws administered in a discriminatory manner." Article IV factors favor the Plaintiff/Pro
Se in the ease of proof as this suit sets is due revival in the difference with specific and sufficient
grounds. The Respondents in federal and constitutional question are not exonerated from
impositions of duress by executive order knowing intentional criterion of relation be Plaintiff and
US Treasury was without contamination prior that executive order. The Respondents are
irrational and expect the court strike bank, fiduciary and law unduly freezing large a deposits
and conceal a estate without any consequence, inter alia. (quoting)(citing) McVane v. FDIC (In re
McVane), 44 F.3d 1127, 1131 (2d Cir. 1995) ( quoting)(citing); RTC v.Walde, 18 F.3d 943, 944 (D.C.
Cir. 994 ) (quoting)(citing) Olde Prairie Block Owner, LLC, 457 B.R. 692, 701 (Bankr. N.D.
111. 2011 Armstrong v Treasury, 2009- 3155 (Fed. Cir.) United States v Nixon, 418 U.S. 683
IN DIFFERENCE POSSIBILITY OF A VIEW
WITH OTHER PRACTICAL PROBLEMS
SUFFICENT ENFORCABILITY OF A JUDGEMENT IN A REVERSAL
(99)
Impacting Grounds in the difference versus (98)
(quoting)(citing)Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011) (citing) In re Marshall, 275
B.R. 5, 50 -51 (C.D. Cal. 2002) recognized a cause of action for tortious interference with the
magistrate judge derives jurisdiction and authority by Congressional statute. [A] reversing magistrate
can reasonably foresee this lawsuit was afforded opportunity to reach [a] bring to justice those who
defraud by impervious powers office. In Re: Mayer, supra note 16, at 2
(100)
Impacting Grounds in the difference versus (98)
( quoting)(citing) U.S. v. Schronce, 727 F.2d 91, 93 (4th Cir. 1984). which allows the
magistrate judge to conduct any or all proceedings in a jury or nonjury civil matter and order the
entry of judgment in the case the district court may, for good cause shown on its own motion, or
under extraordinary circumstances shown by any party, vacate a reference of a civil matter to a
magistrate judge under the consent statute. Article IV "If had destroyed the power judges
destroy, the powers of [a] reversing magistrate judge would make adjustment and reverse prima
facie matters that underlying are completely unreasonable by the Ninth Amendment inter alia.
actio libera in causa (quoting)(citing) Olde Prairie Block Owner, LLC, 457 B.R. 692, 701
(Bankr. N.D. Ill. 2011) The Respondents are unqualified to procure, wrongful to excite into
effect any modalities or that ill -will into end justice as an exaction. The Plaintiff is rightful and
law heir of the estate as well it produces. Jones v Jones, 234 US 615 (1941)Younger Harris
arbitrary inducement of orders in the greys of government that are intentional infliction " are not
lucky chance procurement" due to unconstitutional ignorance.. The executive order is not the
usual practice where there is also duress minas associated [p]rejudiced especially in the early
stages of such complaint of federal claim. 1 L. Jayson, supra note 16, & 51 The executive order
in its nature with now with a double prejudice is not the constitutionally unusual.
(quoting)(citing)Scholes v. Lehmann, 56 F.3d 750, 753 (7th Cir. 1995) Id. at 757 -58.
(101)
(quoting)(citing)Gomez v. United States, 490 U.S. 858, 863 (1989) (arguing that, read literally,
Federal Magistrates Act "might encompass any assignment that is not explicitly prohibited by
statute or by the Constitution" The Plaintiff /Pro Se is experiencing a complexities and exigent
circumstances due to reckless negligence for laws as well as procedures that self - fulfilling. The
invisibilities and proof is irrelevant on the original complaint face there are other mention of torts
that should persuade independent notion to reverse or transfer the suit. In Re: Frankel, Fiduciary
Law, supra note 1, at 800 -01.
(102)
(quoting)(citing)Roberts v. Apfel, 222 F.3d 466, 470 (8th Cir. 2000) "We have stated that the
`purpose of referring cases to a magistrate for recommended disposition would be contravened if
parties were allowed to present only selected issues to the magistrate, reserving their full panoply
of contentions for the trial court." The court has broaden powers enforce administrative
compliance where presentation of jealous care. In the interest of corruption and targeted
fraudulent natures and in any species of duress in legitimate governments affair where the
original criterion is being altered, obscured truths and ignorance of duties intentionally inflict a
suffrage of erosion or suffers improprieties depriving the beneficiary as Plaintiff asset
possession. (quoting)(citing) RTC v. Liebert, Misc. No. 93 -032 (D.D.C. March 2, 1993)
(quoting)(citing)Black v Shearson, Hammill & Co., 72 Cal. Rptr. 157, 161 (Ct. Appl.)
(quoting)(citing)City Bank & Trust Co., 542 N.E. 2d 824, 826 (Ill. App. 1989) This motion
intends to serve as the beneficiary or Plaintiff /Petitioner efforts of asset protection in undue
distress by complicated greys areas of insider administrative corruption that was a legitimate
politically uncontaminated US Treasury issue prior to the Respondents involvement.
(quoting)(citing)Austin v Michigan Chamber of Commerce, 494 U.S. 652 (1990)
(103)
(quoting)(citing)Marshall v. Chater, 75 F.3d 1421, 1426 -27 (10th Cir.1996) ( "Issues raised
for the first time in objections to the magistrate judge's recommendation are deemed waived. ")
(quoting)(citing)Francis v Reweber, 329 U.S. 459, 470 (1947)
(104)
United States v. George, 971 F.2d 1113,1117 -18 (4th Cir.1992); Aiken Technical Coll., 360
F. App'x 484, 487 (4th Cir. 2010)
(reiterating George standard but declining to apply because party had raised objection in front of
magistrate).
(105)
Madol v. Dan Nelson Auto. Grp., 372 F.3d 997, 1000 (8th Cir. 2004) (noting plaintiffs were
barred from bringing new arguments before magistrate judge); In Re: Marshall, 75 F.3d at
1426. The Plaintiff contends to this magistrate court this not a new argument. The Respondents
have implemented an executive order knowing that litigation is due to right the wrongs, The
Respondents created more issue since original submission that was prematurely closed without
any a exhaustive process to cease - desist the administrative wrongdoing. (citing)(quoting)
Arizona v Macumber, 544 P. 2d 1084,1086 (Ariz. 1976)
(106)
(citing)(quoting) Madol v. Dan Nelson Auto. Grp., 372 F.3d 997, 1000 (8th Cir. 2004)
(noting plaintiffs were barred from bringing new arguments before magistrate judge)
In Re: Marshall, 75 F.3d at 1426. The Plaintiff is compelling to transfer this litigation on the
entire original complaint and petition due [a] constitutional commitment to the institution of
property and ascertain by strategic enforcement of fiduciary expectations.
In Re: Washington Legal Found v Texas Equal Access to Justice Found., 94 F. 996, 1000 (stn
Cir. 1996)
(107)
(citing)(quoting) Borden v. Sec'y of Health & Human Servs. 836 F.2d 4, 6 (1st Cir. 1987)
(per curiam) (indicating district court should not hear new arguments absent compelling
circumstances) [A] jury would have understood and brought bear on this case due to the fact is
also a simple fundamental case of adverse possession. (citing) In Re: United States Fin. Sec, 609
F. 2d 411, 429 -30 (9th Cir. 1979) This motion is not adding to ambiguousness nor is this suit a
fishing trip. The previous orders "with prejudice" was not based on the merit and articulation
presented to the honorable court prior. [United States v Holzer] (quoting)(citing) Galloway v
United States, 372, 395 -96 (1943)
(108)
( quoting)(citing) Murr v. United States, 200 F.3d 895, 902 n.1 (6th Cir. 2000) Failure to
raise this claim before the magistrate. The Plaintiff/Pro Se has a genuine issue of material fact a
jury is necessary to resolve this litigation imperatively the prior review was upside down and
inconsistent and absent a jury. "With Prejudice" is unconstitutionally and egregiously
disfavored under the judicial microscope holistically in accordance and keeping of the Ninth
Amendment. In Re: Celotex, 477 at 327 (quoting)(citing) Celotex Corp. v. Catrett, 477 U.S.
317 (1986) it so great the prejudice previous orders in this district court and 0 Circuit Court
of Appeals order should be vacated the entire review is constitutionally out -step a well upside
down with applied attention of actual justice to the narrative materiality presented to the circuits
holistically. Hilton v Guyot The Respondents should answer this court or as an independent
action of this magistrate court transfer the action to the District of Columbia Circuit Courts.
(quoting)(citing) United States v Burkhalter, 1991 U.S. App. LEXIS 29282 (l 0a' Cir. 199 1)
(109)
OBSTACLES NOT ENDS OF JUSITCE TO A FAIR TRIAL
ADMINISTRATIVE DIFFICULITES DO NOT DISPOSE
"In The Difference Of Probate Law Was Not Unconscious In Original Complaint
Intervening New Trial For Actual Appeals Justice to Adiust Reversal"
The present intent to make a present transfer (citing)(quoting)Barnes v Hering, 206 A.2d 112,
113 & n.1 (Conn. 1964) "knew" that property "really belong[ed] to [him]" (citing)(quoting)
Mallory v. Mallory, 862 S.W.2d 879, 881 (Ky. 1993) past or future intent to convey. "In the
absence of legislation, a trustee has no power whatever by virtue of his office; his only powers are those
expressly or impliedly conferred upon him by the terms of the trust. ( citing)(quoting) Boggess y.
McGaughey, 207 S.W.2d 766, 767 (Ky. 1948)
(110)
(citing)(quoting)Gulliver & Tilson, supra note 34, at 10. Attestation modestly contributes to
the protective function by deterring the incidence or ease of others' wrongful interference with
intent. There is a constitutional necessity to attain adequate recovery from the Respondents due
to financial arbitrary emaciation. Deciphering de novo is amicable to rescue the Plaintiff from
victimization from the totalities of common torts in unreasonable reasonable or positional duress.
Equity Jurisprudence in 1836: "[T]he trustee has no right (unless express power is given) to change
the nature of the estate, as by converting land into money, or money into land
(111)
(citing)(quoting)Thompkins v. Randall, 150 S.E. 249, 251 (Va. 1929) (favoring heirs when
testamentary intent was unclear). biased toward heirs over beneficiaries, such acts include
express or implied engaging in certain conduct canceling or destroying courts ease evidentiary
burdens by indulging its presumption for a will known to have been or either not found. No
witnesses are necessary to raise the presumption, and the type and level of proof required to
rebut it will vary(citing)(quoting) Evans v. May, 923 S.W.2d 712, 714 (Tex. App. 1996) rather
than what it is. Notwithstanding these difficulties, it essentially distills. [A] reasonable conscious
of the magistrate should foresee a need for active administration of due to of disempowering the
trustee as Respondents representative of US Treasury to transact the beneficiary trust property
to Plaintiff imperatively. In Re: Halberstam, 705 F.2d at 484 ( "[A] person who assists a tortious
act may be liable for other reasonably foreseeable acts done in connection with it. ")
(112)
(citing)(quoting) McDonnell Douglas, 411 U.S. at 802. Wrought discrimination does and is
capable undermine the trust and fiduciary obligation. What justification edge do the Respondents
have to spiral down or abolish a trust, estate effects and money with an adjoining estate
property. (citing)(quoting) Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 147
(2000). Respondents are at least questionable to some or questionable to a bit intentional
wrought species of discrimination and reckless indifference. Jones v Jones, 234 US 615 (1941)
(citing)(quoting) McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973). The Plaintiff is
reasonable to expect a better inquiry and is reasonable to expect bettered jurisprudence
realization that would warrant an immediate new trial. The magnitude of this litigation should
immediately expedite to the docket in the pursuit against the Respondents. In Re: Halberstam,
705 F.2d at 478. (criminal liability for complicity or conduct of another). In the application of
actual justice the courts need to respond to the problems. [Younger v Harris] The Respondents
wrong doing is acts of insider defiant ploy by political and mal- administrative vices attempt to
wrongfully procure the estate of Mt. Vernon, Virginia, estate of Washington, George to transfer
to the District of Columbia. The overacts and torts need to absolve for wanton, capricious and
unreasonable detention by implied objective reasonableness like to recover or transact into the
possession to the Plaintiff with appropriate diligence. (citing)(quoting) RTC v Walde, 18 F.3d
943 (D.C. Cir. 1994).
(113)
ACTUAL JUSTICE CONFRONTS UPSIDE DOWN POLITICAL
LAWSUITS OF CONFLICTING INTEREST WITH BENEFICIARY HEIR
"UNFREEZING THE PRO SE ESTATE & US TREASURY ACCOUNTS"
Fiduciary law "Is Also" Local Justice Obligational Law In The Difference De Novo
"Beneficiary Relief Act versus Westfall Act Factors Favor the Plaintiff'
Federal Rule of Civil Procedure Rule 15(c)in the interest of justice relating back to all
entailed presentation as it sets (quoting)(citing) Olde Prairie Block Owner, LLC, 457 B.R.
692, 701 (Bankr. N.D. Ill. 2011) "If had destroyed the power judges destroy, the powers of [a]
reversing magistrate judge would make [a] adjustment. [Younger v Harris] the Respondent are
defiant of trust, bank and fiduciary law that is involved. Federal Rule of Civil Procedure Rule 83
. Federal Rule of Civil Procedure Rule 73(b)(3) raise procedures serious due process concerns
that have been ignored in the inexorable drive towards increased judicial management.
Examination of the validity rests on indisputable claim of right doctrine. A reversing magistrate
is without judicial mischief to adjust the jurisprudence and would avoid distancing a political
case by enacting impositions of the "money in the pocket test control" where possession of
money has generally been held sufficient criterion in general due process action. (citing)United
States y Nixon, 418 U.S. 683 (1974) Problems of imprecision and inconsistency there is a problem of
process. The Respondents have initiated and executive order where there can be no concert in so great
the prejudice to cause end of justice as exaction or coercion. (citing)Loumiet y Office of the
Comptroller, No. 10 -1288 (D.C. Cir. 2011) This district court and 4th Circuit Court of Appeals
orders is distilling and inhibit by propagating error of dismal action. The executive order is not
constitutionally sound its unconstitutional fruit a specific element in the issue that is obstructing
with a combinations of egregious action creating compounding the situation into a continuum.
In Re:Nixon, 418 U.S. 683 (1974) Problems of imprecision and variables of inconsistency where
a reversing a reasonable foreseeing magistrate would initiate cease and desist reactive order to
purge the estate property as the deposits set aside for the Plaintiff. Marbury Madison executive
orders that trespass or is a proximate cause issue in the Ninth Amendment have no honor and
must void. The executive order and court order must void in order not to conspire against civil
rights of the lineal descendant as beneficiary/Plaintiff/Pro Se. (quoting)(citing)- Cent. Bank of
Denver v. First Interstate Bank of Denver, 511 U.S. 164, 181 (1994) "Criminal liability for
aiding and abetting constitutes an ancient doctrine of criminal law." [Jones v Jones] In order to be
held as an aider and abettor ,a person must "in some sort associate himself with the venture, that
he participate in it as something that he wishes to bring about, that he seek by his action to make
it succeed. (quoting)(citing)_ Int'l Invest. Trust v. Cornfield, 619 F.2d 909, 922 & n.15 (2d
Cir. 1980) In Re: Halberstam, 705 F.2d at 484 ( "[A] person who assists a tortious act may be
liable for other reasonably foreseeable acts done in connection with it. ") The previous review in
the district court and en banc where wrong. The Respondents are anti -court and have shame issue
to apply executive order that is unreasonable retain and freeze. Moreover, [a] reversing
magistrate is justifiable in affirmative action to narrow what is understood as corruption.
The executive order is cross - cutting and change to the projections of original criterion in
legitimate "clean hands doctrine" process by US Treasury. There is a constitutional bit that is
sufficient to reverse the upside down disparity in this lawsuit that is an administrative obstacle
that facilitate aid and abetting appearance in fiduciary, trust and bank law..
Cooper v Aaron, 358 U.S.1 (1958) (quoting)(citing) Dombrowski v. Pfister, 380 U.S. 479
1( 965) (quoting)(citing) Furman v Georgia, 408 U.S. 238 (1972)(quoting)(citing)Lochner v
New York, 198 U.S. 45 (1905)(quoting) (citing) In Re: Estate of Ehlers, 911 P. 1017, 1021
(Wash. Ct. App. 1996) (quoting) (citing) United States v Guiss Nat'l Bank of Portland v
Guiss, 331 P. 2d 865, 876 (Or. 1958) The executive order is a pecuniary opportunity of
wrongful and unqualified procurement estate property and set aside account should have the
afford of a unconscious judicial concert that strike down fiduciary, trust and bank laws with
undue abruption by egregious orders.(quoting)(citing) United States v Tweel, 550 F.2d 297 at 36
(5th Cir. 1997) (quoting)(citing) Cent. Bank of Denver v. First Interstate Bank of Denver, 511
U.S. 164, 181 (1994) (quoting) (citing) Int'l Invest. Trust v. Cornfield, 619 F.2d 909, 922 &
n.15 (2d Cir. 1980) In Re: Halberstam, 705 F.2d at 484 Evans v United States
(114)
Fiduciary law "Is Also" Local Justice Obligational Law In The Difference De Novo
Article IV factors favor the Plaintiff on sufficient grounds in the difference de novo efficiently
or effectively re- address real legitimate problem concerns in judicial impartiality. Moreover,
giving rise to the need for analysis in the entire complaint where the matter are ripe for a transfer
to venue quoting In re Singleton, 605 S.E.2d 518, 518 -21 (S.C. 2004) citing) Offutt v United
States, 348 U.S. 11, 14 (1954) ( "[J]ustice must satisfy the appearance of justice. "). The
Magistrate Judge can give such a reason, any other possible "hidden" reasons (such as some
apparent or even actual bias) simply do not matter for purposes of ensuring actually just
outcomes. The orders of this and executive order is unreasonable retention facilitating a
misdirection and flaws exist as this suit sets before the circuits courts and go without conscience
jurisprudence. [United States v Keogh] (quoting)(citing) Olde Prairie Block Owner, LLC, 457
B.R. 692, 701 (Bankr. N.D. Ill. 2011) (quoting)(citing) U.S. v. Schronce, 727 F.2d 91, 93 (4th
Cir.1984).
(115)
ARTICLE II ADMINISTRATIVE TRANSPARENCY IS DIFFERENCE
OF DICPHERING POLITICAL COMPLEXITIES AND VARIABLES
IMPACTING THE MAGISTRATE JUDGE
"Disparity Elements of Case versus Ease of Proof — Inconsistency is Prima Facie "
Foreseeable Actual Fraud — Frivolous Is Ambiguity
28 USC 2462 Language of the obligation, as this suits there is a misunderstanding of the law
in which this matters of this last are very real and unsettled as fundamental case on two count
axioms trust and administrative law it is not a new argument on the following grounds:
[ United States v Holzer ]
(quoting)(citing)Simpkin's v. Business Men's Assur. Co. of America, 215 S.W. 2d 1, 3, 31
Tenn. App. 306. (Words and Phrases, p. 440) (quoting)(citing)Interstate Commerce
Commission v. Allen E. Kroblin, Inc., 113 F.Supp. 599 (N.D. Iowa, E.D. 1953) Keech v
Sandford, 2 Eq. Cas. Ab. 741, Cas. Ch. 61, 25 Eng. Rep. 223 (1726) "where money is traceable
its so great the prejudice"
(116)
"Disparity Elements of Case versus Ease of Proof — Inconsistency is Prima Facie "
Foreseeable Actual Fraud — Frivolous Is Ambiguity
28 USC 2462 Language of the obligation, Article II factors and variables favor the Plaintiff.
"[A] reversing magistrate has the power to force the appropriate process ". "The Respondents
cannot show the executive orders freezing serve a legitimate purpose. "(quoting) (citing) United
States v. Powell, 379 U.S. 48 (1964) "With Prejudice compounded by executive order is
abusive to court process ", it is political bureaucratic administrative law defiance in which the
Respondents serve associative representative of the US Treasury. [Younger v Harris] "Actus Rea
Mens Rea" (quoting) (citing) United States v Tweel, 550 F.2d 297 at 36 (5th Cir. 1997) The
executive order is an abusive political conflict of interest. Moreover, in the interest of fighting
corruption should be imperatively discern a political fight versus agency defiance of
administrative, trust, fiduciary and bank law untoward Kingslow v Treasury. The Respondents
acts in are warring against the Administrative Procedure Act and is warring under the colors of
office warring against the constitution deviating a doctrine criterion is breaking the law in an
egregious government fashion where matters of are the US Treasury.
(117)
"Disparity Elements of Case versus Ease of Proof — Inconsistency is Prima Facie "
Foreseeable Actual Fraud — Frivolous Is Ambiguity
28 USC 2462 Language of the obligation, Article II factors and variables favor the Plaintiff.
(quoting)(citing) Community Party v Control Board, 367 U.S. 1 (1961) The Respondents
executive order as an official effects of the agent impervious powers in the color of their office
created a bureaucratic—Conjecture and deviation of criterion procedure intent to disburse or
transfer estate asset to Plaintiff. Article II Plaintiff has amicable and affirmative factors in the
difference favoring and "gave rise to some of administrative law's most important
principles. "(quoting)(citing) SEC v. Chenery Corp. (Chenery A 318 U.S. 80, 88 (1943)
(holding courts review only the reasoning given by agencies at the time they made their
decisions) The Respondents are executive order and inaction of this court is in inconsistency
undermining administrative law doctrine and institutional design of the bureaucracy.
(118)
"Disparity Elements of Case versus Ease of Proof — Inconsistency is Prima Facie "
Foreseeable Actual Fraud — Frivolous Is Ambiguity
"It is a bad news rife in law and politics "(quoting)(citing) Olde Prairie Block Owner, LLC,
457 B.R. 692, 701 (Bankr. N.D. Ill. 2011) "If had destroyed the power judges destroy, the
powers of [a] reversing magistrate judge would make [a] adjustment. (quoting)(citing)Stern v.
Marshall, 131 S. Ct. 2594, 2610 (2011) ( quoting)(citing) In re Marshall, 275 B.R. 5, 50 -51
(C.D. Cal. 2002) recognized a cause of action for tortious interference with the magistrate judge
derives jurisdiction and authority by Congressional statute. [A] reversing magistrate can reasonably
foresee this lawsuit was afforded opportunity to reach [a] bring to justice those who defraud by
impervious powers office. (quoting)(citing) United States v Mandel, 591 F.2d 1347 at 60.
The Respondents executive order is an overreaching assertion and undue efforts procurement of
beneficiary property and money. The legislative history is an extensive set of possible grounds
on Article II factors that favor the Plaintiff. (quoting)(citing) State of Maryland v Helen L.
Holton, No. 91(20 1 0)(quoting)(citing)(citing) In Re: Lattman, Fraud Ruling, supra note 17.
In Re: Mauer, supra note 16, at 2; in the interest of consistency a reasonable magistrate would
consider executive enacted orders that impact variance with a political creative bureaucratic
hostile delay. Younger v Harris The magistrate court without judicial mischief would conclude that
the executive order in itself is sufficient to satisfy its test of probable cause factors versus an arbitrary
approach. (citing)(citing) Heckler v. Chaney, 470 U.S. 821 (1985) [A] reasonable magistrate
judge of materiality in keeping with Administrative Procedure would not skirt the issues in this
motion to transfer venue on elementary grounds of administrative law inter alia. Moreover, dicta
for a more compelling analysis of arbitrary, capricious and procedural fairness There should be
consistent judicial review where there is also agency involvement. Newsome v Treasury(quoting)
(citing) United States v Tweel, 550 F.2d 297 at 36 (5t' Cir. 1997) In Re:Nixon, 418 U.S. 683
(1974) Problems of imprecision and variables of inconsistency where a reversing a reasonable
foreseeing magistrate would initiate a transfer or expedite matters where the constrains of
administrative law are misdirected. (citing)(citing) United States v Mead Corp, 533 US 218, ")A-
25(2001)
(119)
"Disparity Elements of Case versus Ease of Proof — Inconsistency is Prima Facie "
Foreseeable Actual Fraud — Frivolous Is Ambiguity
(quoting)(citing) Offutt v.United States, 348 U.S. 11, 14 (1954) ( "[flustice must satisfy the
appearance of justice." The executive order is a procedural withdrawal from the legitimacy in the
original criterion the district has also withdrawn in doing is differentiating judicial review that is
a egregious concert of accountability and ill -will manner. (quoting) (citing) Cent. Bank of
Denver v. First Interstate Bank of Denver, 511 U.S. 164, 181 (1994) (quoting) (citing) Int'l
Invest. Trust v. Cornfield, 619 F.2d 909, 922 & n.15 (2d Cir. 1980)
(120)
"Disparity Elements of Case versus Ease of Proof — Inconsistency is Prima Facie "
Foreseeable Actual Fraud — Frivolous Is Ambiguity
United States v Graham, 275 F. 3d 490 560, 516 (6th. Cir. 2002) Nation v United States, 10-
382 (Fed. Cir. 2011) Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004) The exigent circumstances
and nature of the lawsuit the justice "in matters of consideration" move the court towards
immediate contempt if executive order activity does not stop. The Plaintiff is not vexatious nor
harassing express cause of action. The Respondents are oppressive and evade by unreasonable
detention. The Respondents are hastening by executive order inducement contrary direction
caused by arbitrary action United States v Cruikshank, 92 U.S. 542. Strategic Enforcement
eliminates the frivolous assumption and removes all filters. Factual details are provided by the
Plaintiff motivate the fundament fairness with a constitutional magnet. The court should avoid
striking the suit.(quoting)(citing)United States v Morgan (Morgan IV), 313 U.S. 409, 422
1( 941) "Lower Court Behavior is under notice in the entire pleading" Red Flag of Fraud.
Therefore, as a matter of law, an administrating common law the Respondents do not have
powers to strike down law as they want to nor make the say what they it wants it to say in the
prejudice." Article II factors favor the Plaintiff fraud starts due to the omissions of a number
fiduciary duties." (citing)66 Central Law Journal 240 Vol. 12 (1908) wanton conduct. This is
a "live case" and should reprocess diligently according to administrative law hearing. Hobson v
Gibson. The deference and dialogue may collaborating the end of justice the constitution should
be understood first and discern instruments of political control by political actor as Respondents.
Armstrong v Treasury, 2009- 3155 (Fed. Cir.) It is so great the prejudice bureaucracy does
impact decisions.
(121)
ARTICLE I VISIBILTY OF DECISION
"Disparity Elements of Case versus Ease of Proof — Inconsistency is Prima Facie"
Judicial Review Proposes A Place Due To Political Arbitrary Inactions
Foreseeable Actual Fraud — Frivolous Is Ambiguity
(quoting)(citing) McGrain v Daugherty, 273 U.S. 135 (1927)[ at 4 ] 'to investigate
circumstances, investigate specific allegation and facts. 6 Wheat. 264 1821 "assure that the
hearing magistrate judge exercises his independent judgment on the evidence and merit of the
facts as they set before him, free from pressures by the parties or other officials within the
agency. Wall, Cooksey v. Local 230 et a13:97- CV00942(JCH)( Dist. Ct. Bridgeport Div. 2005).
Commence action against the Respondents on the grounds objective reasonableness and
strategic enforcement government interest in the prevention of corruption, or at least the
appearance thereof, is the singular basis to persuade [a] new trial on set by this Magistrate Court.
Article II jurisprudence is a doctrinal avoidance of consequences of estate land loss and avoid loss of
money that is the product of the estate effects. Oneida Indian Nation v County of Oneida, 414
U.S. 661 (1974) Loumiet v Office of the Comptroller, No. 10 -1288 (D.C. Cir. 2011)_(providing
for the scope and process of judicial review of agency actions) (quoting)(citing) United
States v Mead Corp, 533 US 218, 224 -25 (2001); Article II Plaintiff has amicable and
affirmative factors in the difference favoring and "gave rise to some of administrative law's most
important principles. "(quoting)(citing) SEC v. Chenery Cori). (Chenery A 318 U.S. 80, 88
1( 943) (holding courts review only the reasoning given by agencies or Respondents at the
time they made their decisions) The existing prejudice orders are requested to rescinded
imperatively to protect assure that the hearing magistrate judge exercises his independent
judgment on the evidence as the court records states; merit of the facts as they set before him,
free from political pressures by the parties or other officials within the agency. "(citing)United
States v Mazzei, 521 F. 2d 639 (3rd Cir. ) (en banc) cert. denied 96 S. Ct. 446 (1975) The
Plaintiff rights in this civil ligation do not stop in which it be directly impacted by egregious
executive order and prejudice deserves objective reasonableness to vacate and reverse through
strategic enforcement to avoid loss as well as nullify the arbitrary action
(122)
ARTICLE I VISIBILTY OF DECISION
"Disparity Elements of Case versus Ease of Proof — Inconsistency is Prima Facie"
(citing)Korematsu v United States, 323 U.S. 214 (1944) The Plaintiff rights do not stop in
accordance with the Ninth Amendment. "Actus Rea Mens Rea" (quoting) (citing) United States
v Tweel, 550 F.2d 297 at 36. Political factors play a role in withdrawals and suggesting that
withdrawals may be a particularly good area for courts in affirmative action in further
proceedings against. The Respondents executive orders are suspicious in their timing assert the
Plaintiff. The order are imposition of politics proximate cause and political probable cause of an
arbitrary- and - capricious upside down review not to act in just due process. Executive orders are
not a recent innovation in politics. Executive Order 116053 CFR 4 176 (1972) existed likely on
legislative history to be associative empowerment of the rational and usage of such orders in
general knowledge to be controversial agency policy that investigate American.
(citing) In Re: Nixon, 418 U.S. 683 (1974) (citing) Loumiet v Office of the Comptroller, No.
10 -1288 (D.C. Cir. 2011) (citing) Newsome v Treasury, 2009- 30199(Fed. Cir.) (citing) Cobell v
Norton, No. 03 -5314 (D.C. Cir. 2004)The Plaintiff has no wrongdoing that disqualify rights to
process beneficiary in the proper federalism ways to deny access to the court within 4th Circuit.
(quoting)(citing)Watkins v. United States, 354 U.S. 178 (1957) fundamental restriction should
release and lift the unreasonable retention. (quoting) (citing) Virenda Raiput v City Trading,
No. 10 -15405 D.C. Docket No. 1:10- cv- 21654(llth Cir. 2012) . The executive order is not the
usual practice where there is also duress minas associated [p]rejudiced especially in the early
stages of such complaint of federal claim.(quoting)(citing) 1 L. Janson, supra note 16, 4 51
The executive order in its nature with now with a double prejudice is not the constitutionally
unusual.
(123)
ARTICLE I VISIBILTY OF DECISION
"Disparity Elements of Case versus Ease of Proof — Inconsistency is Prima Facie"
Judicial Review Proposes A Place Due To Political Arbitrary Inactions
Foreseeable Actual Fraud — Frivolous Is Ambiguity
(quoting)(citing)McGrain v Daugherty, 273 U.S. 135 (1927)[ at 4 ] "to investigate
circumstances, investigate specific allegation and fact." 6 Wheat. 264 1821 "assure that the
hearing magistrate judge exercises his independent judgment on the evidence and merit of the
facts as they set before him, free from pressures by the parties or other officials within the
agency." Wall, Cooksen v. Local 230 et al 3:97- CV00942(JCH)(Dist. Ct. Bridgeport Div.
2005). Commence action against the Respondents on the grounds objective reasonableness and
strategic enforcement government interest in the prevention of corruption, or at least the
appearance thereof, is the singular basis to persuade [a] new trial on set by this Magistrate Court.
Article II jurisprudence and its doctrinal avoidance of consequences of estate land loss and avoid
loss of money that is the product of the estate effects. Oneida Indian Nation v County of Oneida,
414 U.S. 661 (1974) Loumiet v Office of the Comptroller, No. 10 -1288 (D.C. Cir. 2011)
(providing for the scope and process of judicial review of agency actions); United States v
Mead Corp, 533 US 218, 224-25 (2001); Article II Plaintiff has amicable and affirmative factors
in the difference favoring and "gave rise to some of administrative law's most important
principles. "(quoting)(citing) SEC v. Chenery Corp. (Chenery n, 318 U.S. 80, 88 (1943)
(holding courts review only the reasoning given by agencies at the time they made their
decisions) The existing prejudice orders are requested to rescinded imperatively to protect assure
that the hearing magistrate judge exercises his independent judgment on the evidence as the court
records states; merit of the facts as they set before him, free from political pressures by the
parties or other officials within the agency. "(citing)United States v Mazzei, 521 F. 2d 639 (3ra
Cir. ) (en banc) cert. denied 96 S. Ct. 446 (1975) The Plaintiff rights in this civil ligation do not
stop in which it be directly impacted by egregious executive order and prejudice deserves
objective reasonableness to vacate and reverse through strategic enforcement to avoid loss as
well as nullify the arbitrary action (citing)Korematsu v United States, 323 U.S. 214 (1944)
(124)
Judicial Review Proposes A Place Due To Political Arbitrary Inactions
Foreseeable Actual Fraud — Frivolous Is Ambiguity
There is a judicial dilemma of obstruction in hierarchical aspects of the litigation. As duty calls
to attempt to deal with this issue. (citing )Honest Services Restoration Act, H.R. 1468, 112th
Cong. § 1346A (2011) The executive order encourages misfeasance, wanton and capricious
conduct. (citing) Federal Courts Improvement Act of 2000, Pub. L. No. 106 -518, � 202, 114
Stat. 2410, 2413 endorsed minority position indifference of opinion by a magistrate. The
magistrate judge by foreseeability and reasonable reliance there is dangers of future of a total
loss to Plaintiff. (citing)McKnight v. Commissioner, 127 F.2d 572 (5th Cir. 1942). This court
on the materiality case by seeking to protect against a unconstitutional preferential and
administrative prejudice should not be any compounding obstacles. At this critical stage this
case suffers from the lack of neutrality. (citing) Steinberg v. United States, 14 F.2d 564, 566
(2d Cir. 1926) (citing) Commissioner v. Wilcox, 327 U.S. 404 (1946) (citing) National City
Bank of New York v. Helvering, 98 F.2d 93 (2d Cir. 1938) underlying facts in this particular
case "Actual fraud" appearance of judicial impropriety would imperatively be good cause to
transfer the venue of this case for statutory advancement would be ruled out by a reasonable
inquiry would purge by main event" (quoting)(citing) Olde Prairie Block Owner, LLC, 457
B.R. 692, 701 (Bankr. N.D. Ill. 2011) (quoting) (citing) United States v Tweel, 550 F.2d 297 at
36 (5th Cir. 1997) The executive order is an abusive political conflict of interest. [ Levowitz v
Cunnignham ] United States v Graham, 275 F. 3d 490 560, 516 (6th. Cir. 2002)
(125)
ARTICLE I VISIBILTY OF DECISION
MAGISTRATE DIFFERENCE OF SUBVERSION
"Disparity Will Lie Untoward Fiduciary Law" - "The Utility of Lying versus Ease of Proof'
28 USC 2462 Federal Rule of Civil Procedure Rule 83. Article III has sufficiency in arguments
in this motion for transferring this matter as a new trial.
Federal Rule of Civil Procedure Rule 73(b)(3) raise procedures serious due process concerns
that have been ignored in the inexorable drive towards increased judicial management.
In Re: Ex parte Milligan, 71 U.S. (4 Wall.) 2, 123 -24 (1866) Federal Rule of Civil Procedure
Rule 15(c). Article III "all powers" Id. § 636(c)(4)
(126)
ARTICLE I VISIBILTY OF DECISION
MAGISTRATE DIFFERENCE OF SUBVERSION
Magistrate Difference of Prejudice Not Striking Down Fiduciary
Expectations In Trust and Bank Law
This magistrate court Western District of North Carolina, Charlotte North Carolina is request by
this Motion to Transfer Venue "to exercise civil jurisdiction" reanalyze the entire suit as it sets
in so that it may be expedited to docket. Jones v Jones, 234 US 615 (1941) "Matters of the
Magistrate: in 28 USC 636 to readdress matters for actual justice by 28 USC 1404.
The executive order is implemented or asserted against the Plaintiff is defiant political malicious
pressures that has a futures likely goal will abolish and defraud by deception of executive order
is grounds in 42 USC 1983
(127)
ARTICLE I SPECIAL JURISDICTION VISIBILITY OF AVOIDANCE
"Cross- Cutting Institutional Forces — Radical Difference of Judicial Review"
OBSTACLES NOT ENDS OF JUSITCE TO A FAIR TRIAL
ADMINISTRATIVE DIFFICULITES DO NOT DISPOSE
(quoting)(citing) United States v Johnston, 258 F.3d 361 (5th Cir. 2001). in the interest of
justice relating back to all entailed presentation as it sets ( quoting)(citing) Olde Prairie Block
Owner, LLC, 457 B.R. 692, 701 (Bankr. N.D. Ill. 2011) "If had destroyed the power judges
destroy, the powers of [a] reversing magistrate judge would make [a] adjustment. [Younger v
Harris] (quoting)(citing)Illinois v Gates, 462 U.S. 213 (1983)The is fair probability the
Respondents are capable of the allegations give the basic knowledge and basic articulation
presented to the courts.
(128)
United States v Hunter, 13 F. Sunn. 2d 574(D. Vt. 1998) (quoting)(citing) Dombrowski v.
Pfister, 380 U.S. 479 (1965) under the circumstances there is fair possibility that financial
instruments, records to the deposits by the US Treasury and other records concerning the
Plaintiff will be found. (citing) Barret v United States,798 F. 2d 565 at 12. Disinformation is the
begging of the fraud.
(129)
One element of probable cause must be found by the magistrate judge is the statutory authority.
(quoting)(citing) State Fair Of Texas V. U.S. Consumer Prod. Safety Consumer Prod. Safety
Comm'n, 481 F. Supp 1070 (N.D. 1979)
(130)
(quoting)(citing) In Re: Establishment Inspection of Skil Corp., 119 F.R.D. 658 (N.D. Ill
1987) aff d 846 F. 2d 1127 (7th Cir.1988)
(131)
(quoting)(citing)United States v James Daniel Good Real Property, 510 U.S. 43 (1993)
The district court must provide beneficiary Plaintiff a opportunity of hear prior to any seizure or
freeze.
(132)
(quoting)(citing)United States v Diaz, 351 F. Supp. 1050(D. Conn. 1972) there was no
exhaustion in the storms suspicious of the fraud. Probable cause does exist if a the district
magistrate cannot an alternative can be selected. The underlying previous materiality is
formulized as it sets is adequate above a speculative level ( quoting)(citing) United States v
Pace, 898 F. 2d 1218 (7th Cir.) cent. denied sub nom., Cialoni v United States, 497 U.S. 1030
(133)
( quoting)(citing) United States v Travisano, 724 F. 2d 341 (2nd Cir. 1983) A probable cause
findings is entitled to substantial deference. The magistrate must if district acted in a neutral and
detached manner when reviewing the fact. United States v Holzer
(134)
(quoting)(citing) Martin v International Matex Tank Terminals- Bayonne,928 F.2D 614 (3RD
CiR. 19911 determine the probable cause. ( quoting)(citing) United States v Oloyede, 982 F.
2d 133 (4th Cir. 1992) (quoting)(citing) United States v Daniel, 982 F. 2d 146 (5th Cir. 1993)
(135)
(citing)(quoting) McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973). The Plaintiff is
reasonable to expect a better inquiry and is reasonable to expect bettered jurisprudence
realization that would warrant an immediate new trial. The magnitude of this litigation should
immediately expedite to the docket in the pursuit against the Respondents (quoting)(citing)
United States v Pless, 982 F. 2d 1118 (7th Cir. 1992)
(136)
(citing)(quoting) United States v Hager, 969 F. 2d 883 (101h), cent. denied, 506 U.S. 964
(1992)There is enough speculation investigative activity against the Respondent to reopen this
matter. There is a matter "where justice is simple just storm of suspicious fraud" leads to the
specialized judge may be requested (citing)(quoting) Awabdy v City of Adelanto, No. 02 -57118
(2004). The Respondents to show cause and purge the lawsuit equal application of administrative
law in which there are two sides of every story. Article III factors favor the Plaintiff, "Initial
Appearance "; the Legal Manual for United Magistrate Judges.
(137)
ARTICLE I EASE OF PROOF - DISPARITY IS LEGALIZED EXACTON
ADMINISTRATIVE DIFFICULITES DO NOT DISPOSE
IMPACTING DIFFERNCE TO AVIOD SUBVERSION BY APPEAL
"The Utility of Lying versus Upside Down Review Not To Strikes Down"
Other Reversing Grounds of Judicial Transparency — Syndrome of Estate
(citing) Federal Courts Improvement Act of 2000, Pub. L. No. 106 -518, 4 202, 114 Stat.
2410, 2413 endorsed minority position indifference of opinion by a magistrate where there are
unconstitutional issues in any sanctions dually reaching the opposite conclusion. de novo by the
district court and reviewed only for clear error Circuit had not addressed the issue directly
[n]othing remained but to execute the judgment." (quoting) Bennett v. Gen. Caster Serv. of N.
Gordon Co., 976 F.2d 995, 998 (6th Cir. 1992) (per curiam)United States v Stoller, 78 F. 3d
710, 723 (1St Cir. 1996) remedial justice the Respondents have futures of sham opportunity.
The executive order is an ambiguous deviation of doctrine and criterion of legislative intent.
Article I factors favor the Plaintiff. There is a concert of wrongdoing and liability on behalf of
the Respondents. (citing) Reeves v Beardall, 316 U.S. 283 (1942) (citing) Sears, Roebuck & Co.
Mackey, 351 U.S. 427 (1956) (citing) Mull v Ackerman, 279 F. 2d 25 (2 °a Cir. 1960)
(citing) Richards v Smith, 276 F. 2d 652 (5th Cir. 1960) In Re: Free
(138)
IMPACTING DIFFERNCE TO AVIOD SUBVERSION BY DISPARITY
Imperative Remedial Actual Justice
Article I factors favor the Plaintiff. (citing)(quoting) Johnson v United States, 333 U.S. 10,13-
14 (1948) The honorable magistrate should take into consideration executive are controversial.
Moreover, political inducement is the oldest trick in the book due to the enactment timing they
are artifice of bureaucratic obstructive breeding grounds that creates an administrative syndrome
that effect and misconstrue where money as well as estate are undue duress. In Re: Mapp should
stop the process of infection and contamination and warrant remedial justice that clarify clouded
visibility in the previous decision on the original and entire submission to this district court.
This district should have recognize all dangerous or conspiratorial that interfere or intercede
( citing)(quoting) Stern v Marshall, 131, S. Ct. 2594, 2610 (2011) (citing)(quoting) United States
v Schrone 727 F. 2d 91, 93 (4th Cir. 1984)
(139)
IMPACTING DIFFERNCE TO AVIOD SUBVERSION BY DISPARITY
Imperative Remedial Actual Justice — Pertinent Grounds In Consideration
That Did Not Impact Docket "With True Transparency"
In Re:(138) The Plaintiff has retroactive standing to sue before due to syndrome in estate matter
ripe due process reviving as a transfer is required to the District of Columbia Circuit. Article III
"all powers" Id. § 636(c)(4) ) In Re: Halberstam, 705 F.2d at 484 (quoting) ( "[A] person who
assists a tortious act may be liable for other reasonably foreseeable acts done in connection with
it." Article IV factors favor the Plaintiff on precedent legislative history; compel and transfer the
entire case. The Respondents have ample time and has had enough contact of service to comply.
The Respondents are not in the ignorance of the law and should not object [a] transfer or inter-
circuit redirection would be surprise nor be a undue prejudice by moving the formal venue to as
constitutionally needed. There is model legislation to remedy the injustice is so great a prejudice
in egregious fiduciary, administrative, trust and obligation that serve legitimately the beneficiary
as Plaintiff /Pro Se.(quoting) (citing)City Bank & Trust v Leman, 542 N.E. 2d 824, 826 (I11.
App. Ct. 1989)
(140)
"Impact Docket With Just Due True Transparency"
In Re:(138 -139) [United States v Nixon] (citing) Thomas v. Reynolds, 174 So. 753 (Ala. 1937);
Farmers Trust Co. v. Bashore, 445 A.2d 492 (Penn. 1982). The Respondents executive order
is unconscious changing criterion and erroneous circumvent the judicial mechanics, inter alia.
(141)
"Impact Docket With Just Due True Transparency"
An associated requirement is that after a trust has been established, the settlor, the trustee, and
any beneficiaries deemed to have a vested interest must consent to any change in the terms of the
trust.(quoting)(citing)Garrott v. McConnell, 256 SW 14 (Ky. 1923); Kendrick v. Ray, 53 NE
823 (Mass. 189
(142)
"Impact Docket With Just Due True Transparency"
Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004) [A] legitimate and perpetual trust, this generally
requires the Respondents to manage the trust corpus in a manner that will ensure that the trust
will remain undiminished to serve the needs of future beneficiaries in perpetuity.
(quoting)(citing)Branson School District. RE -82 v. Romer, 161 F.3d 619, 637 (10'h Cir. 1998)
(common law trust doctrines require that a trustee must take steps to preserve the trust property
from loss, damage, or diminution in value) Nation v United States, 10 -382 (Fed. Cir. 2011)
Newsome v Treasury, 2009- 30199(Fed. Cir.)
(143)
"Impact Docket With Just Due True Transparency"
( quoting)(citing) Kingslow v Treasury , 20009 -3030 (Fed. Cir) The executive order is
"intentional infliction" due to also a political objective; inter alia. The Respondents duties are owed
to that beneficiary, and no other person (aside from the settlor) has standing to contest the management of
the trust. The Respondents initiated an executive order that perpetuate dangers things of political defiance
to strike down to disregard financial law and property law.(quoting)(citing) Hills y Travelers Bank &
Trust Co., 7 A2d 652 (Conn. 1939); (quoting)(citing) Copenhaver v. Pendleton, 155 SE 802
(Va. 1930) The Respondents are causing a conflict of interest and vary impact the time
variance for bureaucratic delay The executive order is attempt and make effort strategic omission
in law. Moreover, introduce egregious bureaucratic discretion that impacted all prior decisions
and has facilitated undue inaction of this district court concerning Estate of Washington, George;
Mt. Vernon. United States v Johnson, 383 U.S. 169 (1966)
(143)
"Impact Docket With Just Due True Transparency"
Article I factors that favor the Plaintiff in the interest of justice relating back to all entailed
presentation as it sets.(quoting)(citing)Olde Prairie Block Owner, LLC, 457 B.R. 692, 701
(Bankr. N.D. Ill. 2011) The executive order and court that do not act consistently without
prejudice is changing or politically disregard of financial legality. The law of real property the
picture is considerably altered The rule of property which cannot be changed retrospectively
without altering the substance of prior. ( quoting)(citing) Hevert v. Orange & Rockland Util.,
Inc., 17 N.Y.2d 352, 363, 218 N.E.2d 263, 269, 271 N.Y.S.2d 201, 209 (1966). rules cannot be
tampered with without unsettling issue; any change to be made should only be made by the
Legislature. Dombrowski v. Pfister, 380 U.S. 479 (1965) under the circumstances there is fair
possibility that financial instruments, records to the deposits by the US Treasury and other
records concerning the Plaintiff will be found. As a reasonable reliance there is a constitutional
bit of tort by deception. (quoting)(citing) United States v Tweel, 550 F.2d 297 at 36 (5th Cir.
1997) The executive order is an abusive political conflict of interest. (citing) In Re: Nixon, 418
U.S. 683 (1974) In Re: Mayer, supra note 16, at 2.
(144)
"Impact Docket With Just Due True Transparency"
The court determined that the statute's use of "willfully" showed congressional intent to require
the prosecution to establish that the defendant was aware of the illegality of the conduct in
question.(quoting)(citing) Bryan v. United States 524 U.S. 184 (1998). his conduct was
unlawful and no reasonable jury could have found that Respondents concerts in hierarchy lacked
knowledge that his conduct was unlawful. The executive order that suppress matters of this are
"willfully" in statutes imposing criminal liability. It so great the prejudice "with prejudice" it is
impossible not reasonably foreseeably in reliance would be clouded "willfully" required "proof
of knowledge of unlawfulness. The executive order deviates from doctrine and causes duress
minas therefore implicates the criminal conduct is contained in a regulation instead of in a
statute, and when the conduct punished is not then obviously unlawful . "(quoting)(citing)United
States v. Henderson,243 F.3d 1168 (9th Cir. 2001) magistrate judge should not own errors of
strategic omissions suggestions to ignore by silent iterations of executive orders to block or by pass
a juries summation on "specific intent," as requested by the Respondents enacted order in
concert.(quoting)(citing)Committee On The Improvement Of Conveying And Recording
Practices, Section of Real Property, AMERICAN BAR ASS'N REPORTS 75 n.8 (1957) The
executive order is not the usual practice where there is also duress minas associated [p]rejudiced
especially in the early stages of such complaint of federal claim. 1 L. Janson, supra note 16,
51 ) (quoting)(citing) United States v Tweel, 550 F.2d 297 at 36 (5th Cir. 1997) The executive
order is an abusive political conflict of interest.
(145)
"Impact Docket With Just Due True Transparency"
"It is becoming increasingly apparent that ancient restrictions are in many cases being employed
to inflict a form of legalized extortion." (quoting)(citing)Committee On The Improvement Of
Conveying And Recording Practices, Section of Real Property, AMERICAN BAR ASS'N
REPORTS 75 n.8 (1957) (quoting)(citing)United States v. Henderson, 243 F.3d 1168, 1170
(9th Cir. 2001).The magistrate court should not ignore the sounds of fraud nor not ignore
executive orders that are suggestive in silence and immunities; in which this district's prior
reviews court have ignored legislative purposes by the same rational purposes that existed in
justifying statutes and regulations. (quoting)(citing)Olde Prairie Block Owner, LLC, 457 B.R.
692, 701(Bankr. N.D. Ill. 2011)
(146)
"Impact Docket With Just Due True Transparency"
"It is becoming increasingly apparent that ancient restrictions are in many cases being employed
to inflict a form of legalized extortion." (quoting)(citing)Committee On The Improvement Of
Conveying And Recording Practices, Section of Real Property, AMERICAN BAR ASS'N
REPORTS 75 n.8 (1957)
Moreover, in this case the majority on appeals panel did not go out of its way to point out the
devious purpose of the wrongful act implied executive orders asserted against the Plaintiff
holistically. The dismal inaction of court and executive order a concert of illegal conduct was
listed in the administrative regulations, statute, and the regulations barred conduct is not
obviously illegal. The inactive orders, opinion, and assumptive prejudices that convey frivolity
within this district and circuit are [w]rong. (quoting) (citing )Tweel, 550 F.2d 297 5th Cir. 1977 at
24. (quoting)(citing)Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011) (citing) In re Marshall,
275 B.R. 5, 50 -51 (C.D. Cal. 2002) recognized a cause of action for tortious interference with the
magistrate judge derives jurisdiction and authority by Congressional statute. The executive order is
distortion of maladministration and malfeasance that holistically disguise the coercive matter
(quoting)(citing) Morgane v States Marine Line, Inc., 398 U.S. 375 403 (1970)
(147)
"Impact Docket With Just Due True Transparency"
In Re: Mapp "should put a stop to the practice." (citing)66 Central Law Journal 240 Vol. 12
(1908) "If had destroyed the power judges destroy, the powers of [a] reversing magistrate judge
would make adjustment and reverse prima facie matters that underlying are completely
unreasonable by the Ninth Amendment Galina v INS, 213 F.3d 955, 958(7 1h Cir. 2000)
The elementary principle and judicial canon reasonable magistrate would revisit the matters of
the predicament the specific interfere with the expectancy right to acquire the estate and money
deposits United States v Graham, 275 F. 3d 490 560, 516 (6th. Cir. 2002)
(quoting)(citing)Watkins v. United States, 354 U.S. 178 (1957) fundamental restriction should
release and lift the unreasonable retention. "Disparity striking down with influence of politics"
is untoward "laissez-faire doctrine", sought to forge the due process clause of the Fourteenth
Amendment into a powerful tool for the protection of private property and vested interests
against "unreasonable" social legislation in the hierarchy elements in concert. Plaintiff rights do
not stop due oppressive inducement. Korematsu v United States
(148)
"Impact Docket With Just Due True Transparency"
Article II factors favor the Plaintiff (quoting)(citing) De Mello v. Home Escrow, Inc,. 659 P.2d
759 (Haw. 1983). The Respondent unusual activity, enactment of executive, overacts and
controversy is a strong enough impression to revive and transfer this case to a just venue.
Oneida Indian Nation v County of Oneida, 414 U.S. 661 (1974) A magistrate court in the
difference will generally not recognize the existence of a trust unless the Respondents intent to
create a trust was "clear and unequivocal" or "definite and particular" Armstrong v Treasury,
2009- 3155 (Fed. Cir.) . The legislative history is an extensive set of possible grounds on Article
II factors that favor the Plaintiff. (quoting)(citing) State of Maryland v Helen L. Holton, No.
91(2010) In Re: Nixon, 418 U.S. 683 (1974) Problems of imprecision and variables of
inconsistency where a reversing a reasonable foreseeing magistrate would initiate cease and
desist reactive order to purge the estate property as the deposits set aside for the Plaintiff. Article
III where this litigation is not moot in examination of financial institution this district court in
revising would no longer be conspiring the Plaintiff's rights in estate an money litigation In all
respects of the honorable magistrate court [as] in guideposts of the "clean-up doctrine" as well
as "catch all doctrine" 28 USC 2072(b) The Plaintiff and magistrate judge has the right to rely in
new perspectives in this cases conclusive summations .(quoting)(citing)Kerwin v Donaghy, 317
Mass. 559 at 565 (1945) [Burke v Barnes]
(149)
ARTICLE I PRECUSORS DECIPHER INFECTON OF INACTON EFFECTS
NON - EXONERATING AXIOMS ALLOWING CONTINUUM EXTRINSIC-
INSTRINSIC EVASION ABSTRACTLY PROCURES
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
In Re: Halberstam, 705 F.2d at 484 "Trustee Force or Fiduciary Fraud" . In Re: ( "[A] person
who assists a tortious act may be liable for other reasonably foreseeable acts done in connection
with it." (citing)City Bank & Trust Co. v Lesaman, 542 N.E. 2d 824, 826 (Ill. App. 1989)
(quoting)(citing)Jewett v Capital Nat'l Bank, 618, S.W. 2d 109, 112(Tex. Ct. AAA. 1981)
The executive order and Respondents are connected to the movement to empower trustees for
active management of modem trust assets that has been the volte face in the rules governing the
responsibilities of persons transacting with trustees and the earmarked trust property lawfully to
take possession. (quoting)(citing)United States v. Henderson, 243 F.3d 1168, 1170 (9th Cir.
2001).The magistrate court should not ignore the sounds of fraud nor not ignore executive orders
that are suggestive in silence and immunities. (quoting at * 8)(citing) Virenda Raiput v City
Trading, No. 10 -15405 at 8. The magistrate judge in all powers of trust law has sound grounds
and ripe fruit of the materiality to clean -up this case should. The conscious magistrate would
reasonably form new a conclusion of unheard conspicuousness and suspiciousness there is liable
misconduct previously, present and future in which the inaction of the district do not do so."
Moreover, the Plaintiff would have succeed in the original complain. "In the distance" orders of
this court is causing [a] syndrome of synonymous concert with the common scheme of
Respondents executive. The Plaintiff was pleading were sufficient in the first original efforts to
docket the service and process against the Respondent.(quoting at * 6)(citing) Virenda Raiput v
City Trading, No. 10 -15405 at 6. The Plaintiff has made the minima contact in spite of dismal
action of the court. Moreover, in which the civil/Pro Se has exercised reasonable diligence the
universal common denominator in pursuit to purge assets and property, as this case sets it speak
in the sounds of fraud in numerous points of law. The court order of inaction is also a point that
show on its face there probable continuum and is more factual fruit to hear in the purging
process. The silent executive order of the Respondents serve as conjunctive precursor a
magistrate should understand duress minas is also a active precursor indicating this a real case
and controversy that is obstructed. What else will lie(quoting)(citing) Cent. Bank of Denver v.
First Interstate Bank of Denver, 511 U.S. 164, 181 (1994) "Criminal liability for aiding and
abetting constitutes an ancient doctrine of criminal law in order to be held as an aider and abettor
,a person must "in some sort associate himself with the venture, that he participate in it as
something that he wishes to bring about, that he seek by his action to make it succeed."
(quoting)(citing) Int'l Invest. Trust v. Cornfield, 619 F.2d 909, 922 & n.15 (2d Cir.
1980)Virenda Raiput v City Trading, No. 10 -15405 D.C. Docket No. 1:10- cv- 21654(111h Cir.
2012) Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004)US v Tweel
(150)
ARTICLE I PRECUSORS DECIPHER INFECTON OF INACTON EFFECTS
NON - EXONERATING AXIOMS ALLOWING CONTINUUM EXTRINSIC-
INSTRINSIC EVASION ABSTRACTLY PROCURES
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
(quoting)(citing)United States v. Henderson, 243 F.3d 1168, 1170 (9th Cir. 2001).
The magistrate court should not ignore the sounds of fraud nor not ignore executive orders that
are suggestive in silence and immunities. This circuit court's inactive order and Respondents
executive order is a synonymous concert that facilitates insider abuses that misconstrue, distilling
or making derivate means for shame opportunities.(quoting at 7 )(citing)Manson v
STATCESCU, No. 11 F. 3d at 7(quoting)(citing)Manson v STATCESCU, No. 11 F.. 3d 1127
No. 338, Docket 93 -7417 (2 °d Cir. 1993)
actio libera in causa (quoting)(citing) Olde Prairie Block Owner, LLC, 457 B.R. 692, 701
(Bankr. N.D. Ill. 2011) The Respondents are unqualified to procure, wrongful to excite into
effect any modalities or that ill -will into end justice as an exaction (quoting at 12
)(citing)Manson v STATCESCU, No. 11 F. 3d at 12. There is a proximate cause with a central
element with direct relation due to the distancing inaction. A magistrate's "[J]ustice must satisfy
the appearance of justice." The Magistrate Judge can give such a reason, any other possible
"hidden" reasons (such as some apparent or even actual bias) simply do not matter for purposes
of ensuring actual consistency to moving into neutral transparent judicial grounds in the
acquiescence pursuit of actual justice. The magistrate court should recognize and re- determine in
affirmative action restoring the accessibility and ascertain the possession of estate as well the
accounts set aside by US Treasury for the Plaintiff. The magistrate in transferring this lawsuit
would no longer be out -of step with statue, regulation and constitution.(citing)Cent. Bank of
Denver v. First Interstate Bank of Denver, 511 U.S. 164, 181 (1994) The independent
magistrate should be persuaded into reason not to fail of consistency and uniformity within the
circuit and district the dismissal is irrelevant it has no value in law by impressing statues in that
keep "triad of duties" true in a just magistrate court should change the judicial azimuth for a
just outcome. (quoting at 26 )(citing) (quoting at 12 )(citing)Manson v STATCESCU, No. 11
F. 3d at 12. ") (citing) City Bank & Trust Co. v Lesaman, 542 N.E. 2d 824, 826 Ill. App. 1989)
(citing) Jewett v Capital Nat'l Bank, 618, S.W. 2d 109, 112 Tex. Ct. App. 1981) The executive
order and Respondents are connected to wrongful action and egregious
action.(quoting)(citing)Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011) (citing) In re
Marshall, 275 B.R. 5, 50 -51 (C.D. Cal. 2002) recognized a cause of action for tortious
interference with the magistrate judge derives jurisdiction and authority by Congressional statute.
[A] reversing magistrate can reasonably foresee this lawsuit was afforded opportunity to reach
[a] bring to justice those who defraud by impervious powers office.
(151)
ARTICLE I PRECUSORS DECIPHER INFECTON OF INACTON EFFECTS
NON - EXONERATING AXIOMS ALLOWING CONTINUUM EXTRINSIC-
INSTRINSIC EVASION ABSTRACTLY PROCURES
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
The reasonable reliance this case as it set it fruit now is still to cure the sure criterion for
probable cause and actual justice in transfer to a new venue or revisit on the original order
(citing)Steinberg v. United States, 14 F.2d 564, 566 (2d Cir. 1926).The magistrate judge by
foreseeability and reasonable reliance there is dangers of future of a total loss to
Plaintiff.(citing)McKnight v. Commissioner, 127 F.2d 572 (5th Cir. 1942). This court on the
materiality case by seeking to protect against a unconstitutional preferential and administrative
prejudice should not be any compounding obstacles. At this critical stage this case suffers from
the lack of neutrality.(citing) Steinberg v. United States, 14 F.2d 564, 566 (2d Cir. 1926) (citing)
Commissioner v. Wilcox, 327 U.S. 404 (1946) (citing) National City Bank of New York v.
Helvering, 98 F.2d 93 (2d Cir. 1938) underlying facts in this particular case. The opportunity of
wrongful and unqualified procurement estate property and set aside account should have the
afford of a unconscious judicial concert that strike down fiduciary, trust and bank laws with
undue abruption by egregious orders. (citing) United States v Tweel, 550 F.2d 297 at 25 (5t" Cir.
1997) United States v Tweel, 550 F.2d 297 at 36(citing) 66 Central Law Journal 240 (1908)
The latitude of the Respondents must be judicially re- constrained if they are causing a current,
risk dangers or is likely in succeed pecuniary harm to the Plaintiff causative loss opportunity in
the asset, (citing) United States v Burkhalter, 1991 U.S. App. LEXIS 29282 (10th Cir. 1991)
This magistrate is amicable to revoke all order in this matter for actual justice retroactively to
purse "on the probable cause determination on the particular this case passes a constitutional
muster simply indicates to do so" (citing)Gerstein v. Pugh, 420 U.S. 103, 125 (1975) ( "[A] fair
and reliable determination of probable cause [is] a condition for any significant pretrial restraint
of liberty, and this determination must be made by a judicial officer all order should be vacated and
nullified" Newsome v Treasury, 2009- 30199(Fed. Cir.)Loumiet v Office of the Comptroller, No.
10 -1288 (D.C. Cir. 2011)
(152)
ARTICLE I PRECUSORS DECIPHER INFECTON OF INACTON EFFECTS
NON - EXONERATING AXIOMS ALLOWING CONTINUUM EXTRINSIC-
INSTRINSIC EVASION ABSTRACTLY PROCURES
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
The Plaintiff as Pro Se is justifiable in due to factor that favor taking to immediately to a jury in
Article IV de novo. The entire suit is constitutionally defective inactivity of this court. Article II
factors move courts toward an affirmative review of premature withdrawals if statutory schemes
explicitly contemplate the abandonment of proposed action or if the agency faces a mandatory
duty to regulate. Conflict currently exists among courts as to whether review of other
withdrawals is permissible. Political factors are playing a role in the dismal and withdrawals
suggesting that withdrawals may be a particularly good area of consideration for this circuit's
courts to reoffer a just place where politics is a repugnant causation and causative of
arbitrary - and - capricious review. "Where politics and money are together" courts tend to treat
withdrawals differently causing continuum of financial predicament." The merits of this lawsuit
require closer attention because it has recently been the subject of considerable controversy. The dismal
inaction of this court and enactment of executive order that are freezing has rendered this constitutionally
defective overall. actio libera in causa (quoting)(citing)United States v. Lopez -Pena, 912 F.2d
1542, 1545 n.2 (1st Cir. 1989) There should have been appellant due to exigent circumstances
and special circumstances . Moreover, [a] determining jury would rely on a new ruling or re-
decide on anti - corruption principle or anti - corruption clauses the serve holistically to prevent
judicial abomination. The magistrate in transferring this lawsuit would no longer be out -of step
with statue, regulation and constitution. (quoting)(citing)Cent. Bank of Denver v. First
Interstate Bank of Denver, 511 U.S. 164, 181 (1994) The litigation has procedural default as
obstruction at this stage and in the original entire complaint and entire petition in the appeals.
The honorable court by this motion should discern any political posture and remove any
appearance of venality. The previous ruling are perpetuating an adverse pecuniary harm process.
Therefore, there is a financial problem manifested as an acquired illicit conflict of interest.
Olde Prairie Block Owner, LLC, 457 B.R. 692, 701 (Bankr. N.D. Ill. 2011) The magistrate
judge has just and sound grounds in an independent affirmative to reverse and revoke all order
that make opportunity of injustices and revoke opportunities of futher fraudulent scandalous to
compound more complications that may adversely effect Plaintiff and estate's property effects.
(citing)United States v. France, 886 F.2d 223 (9th Cir. 1989), cert. granted, 110 S. Ct. 1921
(1990), affld per curiam,lll S. Ct. 805 (1991) (citing) United States v. Peretz, 904 F.2d 34
(2d Cir. 1990), cert. granted, 111 S. Ct. 781, affd, 111 S. Ct. 2661 (1991). (citing)(quoting)
"Federal Magistrates Acts and Magistrate Improvement Act of 2000" states the should be no
retaliation for making the right constitutional decision (citing) Judicial Transparency and Ethics
Enhancement Act of 2005: Hearing on H.R. 5219 Before the Subcomm. on Crime, Terrorism,
and Homeland Sec. of the H. Comm. on the Judiciary, 109th Cong. Respondents that attempt to
facilitate a horizontal scheme. The political actors as Respondents ignore design legislative
constraints on agency actions to minimize information inequalities and to increase political
control over the bureaucracy to carry out a common scheme to subvert this entire asset litigation.
The court should not withdraw nor continue inaction Federal Government Act of 1978 section 6
"It is becoming increasingly apparent that ancient restrictions are ignored in this case as in
many cases it is being employed to inflict a form of legalized extortion or different infliction of
direction of original criterions." (quoting)(citing)Committee On The Improvement Of
Conveying And Recording Practices, Section of Real Property, AMERICAN BAR ASS'N
REPORTS 75 n.8 (1957) (citing) Honest Services Restoration Act, H.R. 1468, 112th Cong. §
1346A (2011); see also id. § 1346A(a) Respondents are non - compliant with law concerning
financial accounts and estate rights. (citing)Magistrates and Felony Voir Dire: A Threat to
Fundmental Fairness ?, 40 HASTINGS L.J. 827 (1989) The issue is upside down issue in which
the in so great the prejudice should be reviewed in constitutional protections in spite of
immunities of the Respondents.
(153)
ARTICLE I PRECUSORS DECIPHER INFECTON OF INACTON EFFECTS
NON - EXONERATING AXIOMS ALLOWING CONTINUUM EXTRINSIC-
INSTRINSIC EVASION ABSTRACTLY PROCURES
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
In Re: Halberstam, 705 F.2d at 484 In Re: Free. 1 L. Janson, supra note 16, & 51.The
executive order must explain implied rational and modalities that are or interpreted by Plaintiff
deemed in actual malice or as duress minas. [Younger v Harris] The Pro Se case is amicable
and is capable to reverse in this district not to struck down by political defiance of the 11th
Amendment where is law of trust, administrative, fiduciary and bank law with other regulation
involved that should coud compel affirmative intervention of the magistrate court. This is one
Pro Se case that is favorable in the Pro Se civil rights. (citing)(quoting) Jett v. Penner, Case
No. 02 -2036, Doc. Nos. 153 (E.D. Cal. Nov. 9, 2007),159 (E.D. Cal. Feb. 15, 2008) Marbury v
Madison
(154)
ARTICLE I PRECUSORS DECIPHER INFECTON OF INACTON EFFECTS
NON - EXONERATING AXIOMS ALLOWING CONTINUUM EXTRINSIC-
INSTRINSIC EVASION ABSTRACTLY PROCURES
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
(citing)United States v Nixon, 418 U.S. 683 (1974) The existing prejudice orders are requested
to be rescinded imperatively to protect assure there is not a unqualified nor unlawful procurement
of the said estate property, financial documentations and instruments, and money deposits set
aside by the US Treasury for the Plaintiff to take possession. The Respondents and court orders
are in contrary as well as defy 18 USC 1001. magistrate judge exercises his independent
judgment on the evidence and merit of the facts as they set before him, free from pressures by
the parties or other officials within the agency. "(citing)United States v Mazzei, 521 F. 2d 639
(3rd Cir. ) (en banc) cert. denied 96 S. Ct. 446 (1975)(citing)Sears, Roebuck & Co. v.
Mackey. 351 U.S. 427 (1956) (citing) Mull v. Ackerman, 279 F.2d 25 (2d Cir. 1960);(citingl
Richards v. Smith, 276 F.2d 652 (5th Cir. 1960) McGrain v Daugherty , 273 U.S. 135 at 4
(1927) "to investigate circumstances, investigate specific allegation and facts."
(155)
ARTICLE I PRECUSORS DECIPHER INFECTON OF INACTON EFFECTS
NON - EXONERATING AXIOMS ALLOWING CONTINUUM EXTRINSIC-
INSTRINSIC EVASION ABSTRACTLY PROCURES
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
Federal Rules of Criminal Procedure Rule 5(c)(1)(2) the allegations and problems of this case
are within this district and within the District of Columbia the honorable is amicable make the
Respondents aware of the motion of transfer. The Plaintiff is pursuant to sue before this
honorable the magistrate court in the Western District of North Carolina; Charlotte, Division.
The Plaintiff/ Pro Se by choice is requesting the change in transfer of venue to District of
Columbia on the discretion of the magistrate court in 28 USC 1404. The Possibility of a View is
required on considerable weight of merit ripe that must imperatively appropriate for relief in
transferring the case for the enforcement of judgment. It is equal even - handed justice to transfer
this case immediately to avoid loss and injustice .(quoting)(citing)Citizens United v FEC, 130
S. Ct. 876 (2010)in the statutory keeping pursuant by 28 USC 1404 is compelling to revive the
matters in the interest of justice and in the interest of corruption is capable in overruling all
matters for transfer of venue to the District of Columbia: overruling local grounds
1. (citing) Olde Prairie Block Owner, LLC, 457 B.R. 692, 701 (Bankr. N.D. Ill. 2011)
2. (citing) Brook v Entre Computer Ctrs., 933 F. 2d 1253, 1257 (0 Cir. 1991)
3. (citing) Collins v Straight Inc., 748 F. 2d 916, 926 (4th Cir. 1984)
4. (citing)Steward Org. Inc., v Rich Corp., 487 U.S. 22, 29 (1988)
The factors are neutral, fair and the administrative problems or difficulties would not be
obstacles nor disposal of this case would not prudent likely to survive on its own fruit,
materiality, and merit for a fairer prevailing relief of the Plaintiff/Pro Se. In Re: Irvin, 33, 366
U.S. at 723(citing)Irvin Dowdy, 336 U.S. 717 (1961)(citing)Murphy v Florida, 421 U.S. 794
(1975) actual prejudice totality of circumstances.
(citing)Foo v United States, 369 U.S. 141 (1962) (citing) United States v Kingston, 801 F. 2d
733(5 th Cir. 1986) (citing) Askley v Leapley, 5 F. 3d 1178,1180 (8th Cir. 1993)
Federal Rules of Criminal Procedure Rule 5(d) "without unnecessary delay" it must be
determined in the light of all the facts and circumstances of the case enable the magistrate to
move matters in 3:11 -cv -247 from this Western District of North Carolina, Charlotte Division to
the District of Columbia Circuit immediately by 28 USC 636(c)(4) "in all powers."
(citing) United States v Purvis, 768 F.2d 1237 (11th Cir. 1985) (citing) United States v Yunis,
859 F.2d 953 (D.C. Cir. 1988).
Federal Rule of Civil Procedure Rule 15(c) which allows the magistrate judge to conduct any
or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case the
district court may, for good cause shown on its own motion, or under extraordinary
circumstances shown by any party, vacate a reference of a civil matter to a magistrate judge
under the consent statute.
Federal Rule of Civil Procedure Rule 73(b)(3) raise procedures serious due process concerns
that have been ignored in the inexorable drive towards increased judicial management.
Federal Rule of Civil Procedure Rule 83 Article III has sufficiency in arguments in this motion
for transferring this matter as a new trial.
(157)
ARTICLE I PRECUSORS DECIPHER INFECTON OF INACTON EFFECTS
NON - EXONERATING AXIOMS ALLOWING CONTINUUM EXTRINSIC-
INSTRINSIC EVASION ABSTRACTLY PROCURES
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
This motion to act in pursuit is developed in liberal allow to increase the access to justice. The
Plaintiff has a legitimate case and that extend past beyond a reasonable constitutional concern to
transfer this case to the District of Columbia Circuit. (citing) Agenda for Access, supra note 26,
at 10 -14. Initial original pleading and every subsequent submission in request to has adequate
detail in particular allegations, mapped reasonable course should have taken place in pursuit.
(citing)(quoting)O'Reilly v. New York Times, 692 F.2d 863, 867 (2d Cir. 1982). Legitimate
arguments have not been advanced for both sides. Compare Comment, On Letting the Laity
Litigate: The Petition Clause and Unauthorized Practice Rules, 132 U. Pa. L. Rev. 1515,
1531 -32 (1984) (constitutional right to appear pro se in civil cases). A Balance Test due to
arbitrary transgressing and trespassing axiom of law that protect the Plaintiff and beneficiary
assets under duress, procedural protection is due assigned to the interest asserted. There is logic
to Plaintiffs position in requesting a transfer of venue. (citing)Mathews v Eldridge, 424 U.S.
319, 335 (1976) " In so great the prejudice the district court and circuit failed to interpreted as
wrong legal characterization of the interest "held" by the complaining party." (quoting)(citing)
Board of Regents v Roth, 408 U.S. 564, 570 -71 (1972) ( "[T]o determine whether due process
requirements apply in the first place. The magistrate judge must look to the nature of the interest
at stake. The magistrate must look again with a clarified meaning and interest within the
Fourteenth Amendment's protection of liberty and property. ") In Re: Korematsu executive order
initiated by the Respondents; do not inhibit more liberal review again; due to previous upside
down review prior to this requesting motion to transfer to the District of Columbia. This
requesting motion for a transfer is constitutionally focused instead on the integrity of the trial
process the appearance of impropriety is not very clear. United States v Holzer, 816 F. 2d 1014
(quoting)(citing) Board of Educ. v. Nyguist, 590 F.2d 1241, 1247 (2d Cir. 1979)).
This magistrate in a expressed concern that a executive order and "with prejudice" orders of this
court imposition as in this litigation would effectively impede the Plaintiffs chances of
recovering on his cause of action. The Plaintiffs re- pleading the issues are discussed specifically
with an eye toward their impact on sentencing of white - collar crimes. Dicta, ex dolos malus
ortio actio a judge's decision of [at] which point to impact white - collar crimes un convinced by
due to the implementations of collateral orders. Moreover, it is so great the prejudice that
prejudiced unilateral or collateral are orders that cause irreparable harm. A reasonable magistrate
in this situation would likely obtain review orders for a new trial or transfers the case; if it is
determined that the denial constituted prejudicial error by this Western District of North
Carolina or if it is determined that en banc 4th Circuit Court of Appeals denials has constituted a
prejudicial error also. There to executive order and "with prejudiced" is misnomer or is an
obstructive administrative oracle of contrarily used in the administrative obscurity of the wrong
that strategic omits and distances out of reach the estates assets also. The reasonable
predictability of the misnomer is dangers of loss in many axioms as well probable end stage
would be an exaction or where the Plaintiff will suffer a loss causative of the design becoming
more or in totality bankrupt Younger v Harris political robbery will plausibly lie in unconscious
disparity that inadvertently struck down guidance of elementary fiduciary, trust, administrative
and bank law.
(158)
ARTICLE I PRECUSORS DECIPHER INFECTON OF INACTON EFFECTS
NON - EXONERATING AXIOMS ALLOWING CONTINUUM EXTRINSIC-
INSTRINSIC EVASION ABSTRACTLY PROCURES
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
The magistrate in transferring this lawsuit would no longer be out -of step with statue, regulation,
and constitution. (citing)Cent. Bank of Denver v. First Interstate Bank of Denver, 511 U.S.
164, 181 (1994) The independent magistrate should be persuaded into reason not to fail of
consistency in proper compliance of equal protection where money and property is or was
traceable. Actus Rea Mens Rea (quoting)(citing) Olde Prairie Block Owner, LLC, 457 B.R.
692, 701 (Bankr. N.D. Ill. 2011) The Respondents are unqualified to procure, wrongful to excite
into effect any modalities or that ill -will into end justice as an exaction. A reversing magistrate
is compelled in necessary exoneration from the fruit of futures that are overreaching natures is
actual intent by impositions of executive orders implied by the Respondents is unconstitutional
overreaching latitude that is causing positional duress in concert with prejudice order of the
district court prior order. (citing) Home Builders Ass'n of Cent. Ariz. v. City of Scottsdale,
930 P.2d 993, 1000 (Ariz. 1997); (citing)Krupp v. Breckenridge Sanitation Dist., 19 P.3d
687, 697 (Colo. 2001) United States v Wilkes, No. 08 -50063 D.C. No. Cr. 00330 -LAB-
OPINION(9" Cir. 2011). "In Methods of Exoneration" the Respondents have not come
forward due to implementation of executive order knowing they are obstructing the court, inter
alia. (citing)United States v Wilkes, No. 08 -50063 D.C. No. Cr. 00330 - LAB- OPINION(9th
Cir. 2011 ) A reversing magistrate judge would be concern with injustice and inefficiency of in
of the previous requested motions and inaction of the original complaint that was also not given
enough regard in the en banc 4th Circuit Court of Appeals. Hilton v Guyot The magistrate court
is without judicial mischief to honorable reasonable reliance in accepting this motion withe
general criticism wrongfully also assuming that eminent domain is not illicitly dis- associative
with money deposit generated from the estate property effects governed in accordance with bank
law. United States v Tweel The district court should be made aware the Respondents, right to
rely that executive orders and "with prejudice" order are reasonably deceptive in ignoring many
financial tiaras in points of law that factor into protect and favor any financial obligation where
money also is conjunctive in a depository stemming from land property.
(quoting)(citing) Mono gahela Navigation Co. v United States, 148 U.S. 312, 326 (1893)
The Respondents holistically are overreaching with a distorted criterion that is also implied
aggravating distanced retention. The executive order is a pre- disposition adversely compounding
this court with pre - prejudicial disparity on other erroneous grounds rationale; irrelevant rationale
to spoil the transfer of estate and money deposits lawfully belonging to Plaintiff.
(quoting)(citing) Dombrowski v Pfister, 380 U.S. 479 (1965) Respondents are connected to a
totally wrongful inefficient action. Moreover, the Respondents egregious inaction facilitates
dramatic futures opportunities of further injustice resulting from adverse possession
potentiation.(quoting)(citing) Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011)In re Marshall,
275 B.R. 5, 50 -51 (C.D. Cal. 2002) recognized a cause of action for tortious interference with
the magistrate judge derives jurisdiction and authority (citing) Virenda Rajput v City Trading, No.
10 -15405 D.C. Docket No. 1:10- cv- 21654(llt" Cir. 2012)(quoting)(citing)3Latkins v. United
States, 354 U.S. 178 (1957) fundamental restriction should release and lift the unreasonable
retention. Disparity in this case is striking down trust, banking and beneficiary "norms" that
usually disburse without heightened undue influence of overreaching defiant political tactics by
means silent impositions of executive order; making proposal not for a proper administrative
consciousness in such a deliberate ineffectiveness guideposts in a uncomplicated transfer to the
Plaintiff. Moreover, simply the Respondents set forth executive order in powers that destroy for
the taking, as so it is an arbitrary avoidance action. "The particular issues before this magistrate
court would not have existed had not the Respondent avoidance made into effect a future of
injustice. The magistrate court must make a summarized approach in authority used in other
jurisdiction to contest all issues, relevant facts found on a partial or speculative presentation of
the facts before this magistrate court of law in the Western District of North
Carolina.(quoting)(citing) Miller v Greenwich Capital Financial Products, Inc., (In Re:
American Business Financial Services), 457, B.R. 314, 319 ( Bankr. D. Del. 2011 ) Id. at 319-
320. The Respondents should object to this court authority as consistent in other jurisdiction
fundamental and comprehensive there is necessary requirement of exonerations in the storms of
suspicious of fraud to recover beneficial asset under federal fiduciary law. (citing) United States
v Nixon, 418 U.S. 683, 709 (1974) Article III "all powers" Id. § 636(c)(4) ((citing) In Re:
Bernhard I, supra note 35, at 103 -04. The Respondents are oppressive and evade by
unreasonable detention. The Respondents are hastening by executive order inducement contrary
direction caused by arbitrary action. In Re: Mayer, supra note 16, at 2; in the interest of
consistency a reasonable magistrate would consider on the legislative history compelling on set
forth by the extensive possible grounds to recover estate and money under political duress minas.
Newsome v Treasury, 2009- 30199(Fed. Cir.) Stern v Marshall, 131 S.Ct. 2594, 2618
(159)
ARTICLE I - WHERE INFECTON IS THERE IS —
METHODS OF EXONERATING - FROM AXIOMS ALLOWING
CONTINUUM OF CONSTRUCTION
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
[Quasistrict Liability] (citing) Mandel, 591 F.2d 1347 at 60. Methods of exoneration at this
point have factorable grounds of objectively favor the Plaintiff/Pro Se to process for further
proceedings as independent judiciary action.. ( quoting)(citing) Kingslow v Treasury , 20009 -
3030 (Fed. Cir) It is not uncommon for Respondents of white - collar crimes to refuse to
cooperate with authorities due the own un- exonerated. (quoting)(citing) United States v. Rosch,
No. 94 -2888, 1995 U.S. App. LEXIS 34030, at *1 -2, 14 -15 (7th Cir. Nov. 20, 1995) The
assertions against Plaintiff must explain in the open in the court it is so great the prejudice to
administratively encumber estate assets without a total constitutional explanation there is
justifiable grounds to appeals all order within district and en banc 4th Circuit of Appeals in the
mode in transfer to the District of Columbia Circuit due to action by executive orders inhibit the
rights of Plantiff with an inferences and opportunity of loss or taking. (citing)Watkins v. United
States, 354 U.S. 178 (1957) "fundamental restrictions redirect and reset matter of this case in
appealing judgment 28 USC 636(c)(3) The underlying matter meets all sufficiency and
standards of review in fact as it set it meets and manifest all specific elements of fraud set forth
also by executive order tort misnomer in predictable malice, [a] precursors right "in the right to
rely" as disparity. citing McCabe, The Federal Magistrate Act of 1979, 16 Harv. J.Legis. 343,
364- 79(1979) Federal Rules of Civil Procedure Rule 73 it so great the prejudice in reasonable
objectiveness there is warrant equilibrium adjustment [Watkins v. United States] (quoting)United
States v. Kimbrough, 174 F. AAA'x. 798, 799 (4th Cir. 2006). The Fourth Circuit was one of
seven circuits to have made this holding prior to Kimbrough, whereas only two circuits allowed
district court judges to consider the disparity. (citing) Kimbrough, 552 U.S. at 93 n.4 (listing the
circuit case law).
(160)
28 USC 1292(b) The are overreaching and exceeding from many perspective of law deemed
such by a reasonable mind there is probable cause for the district court review again in equal
protection of the Ninth Amendment. The magistrate judge in objective reasonable allowance has
sufficient ripe grounds not to aid loss of estate due to dismal action is harmful and compounding
the overreaching aspects of the torts. [ Watkins v United States ] ( citing)(quoting) United
States v Jones, 132 S. Ct. 945 (2012)In Re: Korematsu There is sufficient materiality that
have not the afford to reach a jury in matters of a simple adverse possession that has arbitrary
axioms that transgress conjunctively fiduciary, trust, bank and administratively where just court
do not aid totality of taking. 28 USC 639(e) executive order is set forth first freeze and causing a
financial predicament as well as danger things as this set under the hand and sight of this
Western District Court, North Carolina; Charlotte Division. (citing)(quoting) Spears v. United
States, 555 U.S. 261 (2009) (describing the fear that judges might mask their policy
disagreements due implementation of executive order) The Respondents actually caused the
action satisfying Article III. Id. Thomas v Arn, supra, at 154. causa is difference of a reversing
magistrate resolve a conflict of duties is to examine whether the fiduciary, attempting to escape
blame for a breach of duty, inappropriately created the situation giving rise to a conflict.
(citing)(quoting) Thomas v. Arn, 474 U.S. 140, 155 (1985) This motion for transfer in diligent
process will justifiably right the wrongs and recover the assets There are other issue of
compensation culpable. The retroactivity in so doing raise a legal issue fear of judge error and
misinterpretation has created disparity presented a threat of irreparable harm through devastation
of important constitutional rights. The orders at the present do not rest upon question. The court
record shows reasonable that this case should no longer be abandoned of its arguments and
imperative problems that where not absolved . In the interest justice the summation has the
appearance that is a un- constitution bit that must be absolve from in consequence that war
against the Administrative Procedures Act in which the Plaintiff civil rights do not
stop.(quoting)(citing) Appealability in the Federal Courts, 75 HARV. L. REV. 351, 351 -52
(1961). It has been recognized, however, that certain orders, if erroneous, may have an especially
serious and detrimental effect upon the litigation. The executive orders and prejudice has resulted
in a distorted standard of review on appeal. ( quoting)(citing) Spears v. United States, 555 U.S.
261 (2009)United States v McVeigh. The executive order undermines the primary rationale
behind the anti - discretion and anti -court position. The Plaintiff has secondary arguments in
which Plaintiff is the actual victim of issue tort order that make vulnerable to an undue without
opportunity to present a case before hearing. [F]or a Plaintiff it is not unusual for "vulnerable
victims" to be harmed in white - collar crime cases this case has ripe in the sounds choice of
terminology regarding illicit character in the interpretation that clearly describe. ( quoting)(citing)
United States v. Medrano, 241 F.3d 740, 742 -43 (9th Cir. 2001), cent. denied, 533 U.S. 963
(2001) (involving a vulnerable victim who was harmed when a bank employee embezzled funds
from a bank); (quoting)(citing)United States v. Luca, 183 F.3d 1018, 1021 (9th Cir. 1999)with
authorities of well- established bank, trust , fiduciary and administrative law.
(quoting)(citing) United States v. Regan, 989 F.2d 44, 48 -49 (1st Cir. 1993) "The defendant [had]
fair warning at the time he [committed] his later acts that the prior ones may or will be used in
determining" may be applied where the vulnerable victim was an indirect victim of the offense.
(quoting)(citing) United States v. Yount, 960 F.2d 955, 957 -58 (11 th Cir. 1992) (adjustment
applied where the bank accounts of elderly individuals were raided by a bank vice-president,- the
elderly individuals were merely indirect victims, and the bank was the direct victim because it
reimbursed the individuals' accounts when the scheme was discovered) (citing) United States v.
Lewis, 235 F.3d 215,218 (4th Cir. 2000), cent. denied, 534 U.S. 814 (2001) had ample warning
committed acts of evasion. The Respondents executive order has future ex post facto that will
be a loss. The Respondent must discern premeditated result from erroneous, colored and
malicious prosecution to procure in future prospective under the color their office.
In Re: Halberstam, 705 F.2d at 478 [T]o fall within the ex post facto prohibition, two critical
elements must be present: first, the law 'must be retrospective, that is, it must apply to events
occurring before its enactment'; and second, 'it must disadvantage the offender affected by it. "'
(quoting)(citing) Miller v. Florida, 482 U.S. 423, 430 (1987) (quoting) Weaver v. Graham,450
U.S. 24, 29 (1981)) free from political pressures by the parties or other officials within the
agency."
(161)
ARTICLE I - WHERE INFECTON IS THERE IS —
METHODS OF EXONERATING —FROM AXIOMS ALLOWING
CONTINUUM OF CONSTRUCTION
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
In Re: Halberstam, 705 F.2d at 478. Article III factors favor the Plaintiff. The powers of
justice and civil powers strong enough to reopen this suit and re- docket this case as to the
"storms of a inquiry ". There should be a minimal investigation that will categorically nullify all
the obstructive, arbitrary and egregious activity that vex the litigation as well abort erroneous
allegation of rationale for inducement in the entire unreasonable detention(citing)United States
v Mazzei, 521 F. 2d 639 (3rd Cir. ) (en banc) cert. denied 96 S. Ct. 446 (1975)
[United States v. Yount, 960 F.2d 955, 957 -581
, (162)
ARTICLE I - WHERE INFECTON IS THERE IS —
METHODS OF EXONERATING - FROM AXIOMS ALLOWING
CONTINUUM OF CONSTRUCTION
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
Federal Criminal Rule of Procedure Rule 59(e) In Re: Erie R. Co. v. Tompkins right to a
trial by jury such a trial shall in any case be allowed be placed before the Court, Eminent
Domain Is Abolished Nation v United States, 10 -382 (Fed. Cir. 2011) Oneida Indian Nation v
County of Oneida, 414 U.S. 661 (1974) The Western District of North Carolina, Charlotte
Division court now should set forth of this requesting on the totality of the circumstances in the
analysis that takes into consideration several "factors, including the nature and complexity of the
agreement's terms, the extent of and disparity in assets. abridge, enlarge, or modify substantive
rights. In Kohl v. United States, 1875, 91 U.S. 367, 23 L. Ed. 449 a suit at common law, when
initiated in a court." Madisonville Traction Co. v. Saint Bernard Mining Co., 1905, 25 S.Ct. 251,
196 U.S. 239, 23 L.Ed. 449,United States v. 243.22 Acres of Land in Village of Farmingdale,
Town of Babylon, Suffolk County, N. Y., D.C.N.Y. 1942, 43 F. Supp. 561, affirmed 129 F.2d 678,
certiorari denied, 63 S. Ct. 441, 317 U.S. 698, 87 L. Ed. 558. (quoting)(citing) Miller v
Greenwich Capital Financial Products, Inc., (In Re: American Business Financial Services),
457, B.R. 314, 319 ( Bankr. D. Del. 2011 ) Id. at 319 -320. The Respondents should object to
this court authority as consistent in other jurisdiction fundamental and comprehensive there is
necessary requirement of exonerations in the storms of suspicious of fraud to recover beneficial
asset under federal fiduciary law. [United States v Tweel]
(163)
ARTICLE I - WHERE INFECTON IS THERE IS
METHODS OF EXONERATING - FROM AXIOMS ALLOWING
CONTINUUM OF CONSTRUCTION
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
Article III legislative procedures exoneration still requires the administrative process to be
exhausted where trust, beneficiary and fiduciary insider abuses or arbitrary matter is the
concern. The executive order asserted the Plaintiff blatant insider abuse. The executive order and
court orders are false and should be voided. The Respondents are keeping out of reach money
accounts and estate with an administrative scheme _Reasonable likelihood prejudice is enhancing
egregious proliferation modalities capable to future dangers in a total loss to Plaintiff as an
exaction or usurpation. Disparity in this case irrefutable in the original complaint and original
petitions that also had submission requests to recover the absolve by appropriate action of those
motions. [In] amicable reasoning with presiding district and Magistrate Judge, Western District
of North Carolina; Charlotte Division. [A] constitutional court will fix the distortion and would
fix obstructive impositions in this financial beneficiary concern in conjunctive with the US
Treasury where the Respondents are political representative agents causative. discern and disable
from forming "constructive administrative tort in which is taking unfair advantage of others,
using bargaining position, sophistication, or other leverage causative to an exaction,
unreasonable retention and usurpation. Kohl v. United States, 1875, 91 U.S. 367, 23 L. Ed. 449
a suit at common law, when should be initiated in a court directed by this honorable to do so.
Erie R. Co. v. Tompkins right to a trial by jury such a trial shall in any case be allowed be
placed before the Court, eminent domain is abolished. Therefore, the Respondents have induced
overreaching modalities that blatant insider abuse that carry on futures mentioned that should not
be lost causative to Plaintiff.
(164)
Federal Criminal Rule of Procedure Rule 59(e) Id. Thomas v Arn, supra, at 154 process for
further proceedings as independent judiciary action due obstructive matter and overreaching
insider abuse that effectuation unconscious administrative reckless negligence. Kingslow v
Treasury _(quoting)(citing)Monogahela Navigation Co. v United States, 148 U.S. 312, 326
1( 893) Respondents is unconstitutional overreaching latitude that is causing positional duress in
concert with prejudice order of the district court prior order. (citing) Home Builders Assn of
Cent. Ariz. v. City of Scottsdale, 930 P.2d 993, 1000 (Ariz. 1997); (citing)Krupp v.
Breckenridge Sanitation Dist., 19 P.3d 687, 697 (Colo. 2001) Oneida Indian Nation v County
of Oneida 414 U.S. 661 (1974) Newsome v Treasury.
(165)
ARTICLE I - WHERE INFECTON IS THERE IS -
METHODS OF EXONERATING - FROM AXIOMS ALLOWING
CONTINUUM OF CONSTRUCTION
"Disputing Disparity of Case Enacting Futures Of The Embezzlement /Exaction"
Exonerating Actual Justice In Prior Upside Down Review
Federal Criminal Rule of Procedure Rule 59(e) The magistrate has ease proof grounds in the
difference to de novo or transfer this case due to unconscious and invisibilities in examination
financial institution there in this describing issue without color is sufficient in truth for a course
of action insider conflict of interest. "Unseen Foreseeability With Preiudice" is strong enough
to revive and transfer all matters under hand and panel of this district. [A] reasonable magistrate
in general understanding that "corruption" persists in constitutional language within this
lawsuit. The Respondents executive order and dismal inaction stemming from it must void and
revive its deaden effects to the Plaintiff. On amicable legislative history in exonerating insider
issue; reasonable reliance speaks to commence a renewing action is imperatively need.
In Re: Mandel, 591 F.2d 1347 at 60. The concept of corruption has become logically
unsustainable in keeping this case closed is conspiring against the Plaintiff rights holistically in
the estate heir versus a political individuals. Citizens United v FEC (citing) Austin v. Mich.
Chamber of Commerce, 494 U.S. 652, 685 (1990) (Scalia, J., dissenting) (stating that the concept
of corruption has "founder[ed] under [a] weight too great to be logically sustained ") that the
concept of corruption — literally a threat to the integrity of self - government. In Re: Lee, 811 F.
2d 979 at 39.The Respondents must transfer the property or in due process of an exalting court
must show cause in first appearance. In Re: Tweel, 550 F.2d 297 at 23. The executive orders are
overreaching, and duly freeze, those order no truth in reliability and cannot remain implemented.
In Re: Tweel, 550 F.2d 297 at 23. The Respondents have no truth, executive order is silent
conveyance of disparity is corruption of unequal capacity to influence based on wealth of the
estate, the court is justified to expedited this matter to docket confronting to absolve problems of
democracy and power this court should withdraw differently in the concerning equal protection
under the law outlined by 18 USC 241. Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004) Article
IV in the standing to sue on culpable tort grounds. This is extraordinary complex case where
malice and prejudice should be imperatively discerned in the redress. this case where money and
property is traceable the Respondents in due diligence there is requirement for the Plaintiff
compel exoneration measures to void the proliferation. Pinkerton is a "quasistrict liability"
favor the Plaintiff like to recover the asset in face vigilant politics that undermine this case.
United States v. Yount, 960 F.2d 955, 957 -58 (11th Cir. 1992) The magistrate in transferring
this lawsuit would no longer be out -of step with statue, regulation, and constitution.
Cent. Bank of Denver v. First Interstate Bank of Denver, 511 U.S. 164, 181 (1994)
"In Methods of Exoneration" the Respondents anti- court and will not come forward, nor purge
in proper disburse to the Plaintiff. Moreover, it is an intentional arbitrary administrative
advantage implementation of executive order knowing they are obstructing and improper to
influence the court in circumventing it due process mechanics.
(166)
The Respondents executive order is associative impropriety that is totally inconsiderate of the
judicial canons model legislature considered consequence when issues of litigations are not
balanced in the interests. Loumiet v Office of the Comptroller, No. 10 -1288 (D.C. Cir. 2011)
United States v Holzer The Respondents executive order is declining the courts power and
strikes down the court ability to protect it legitimacy hold federally enforceable rights. Cooper v
Aaron The judiciary puts its own legitimacy at risk in difference of executive order and cannot
shape the courts dockets of pursuit. In Re: The Federalist No. 51.; (citing) In Re: Rehnquist,
supra note 38, at 18.
(167)
ARTICLE I EXNONERATION - RECOMITTANCE
IN DIFFERNCE DE NOVO
IMPERATIVELY IMPACTING THE DOCKET
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Federal Criminal Rule of Procedure Rule 59(e) The magistrate has ease proof grounds in the
difference to de novo or transfer this case due to unconscious and invisibilities in examination
financial institution there in this describing issue without color is sufficient in truth for a course
of action insider conflict of interest. "Unseen Foreseeability With Prejudice" Plaintiff, As
pursuant before the Honorable Magistrate Court in the appropriate general criticism respectfully
requests the district court and 4th Circuit of Appeals to accept and recommit this matter, due to
the ultimate facts of this litigation manifest inaction has displacement, constructive breech and
constructive abandonment of the pursuit against the Respondents. 28 USC 636(b)(1)(C) citing
Nation v United States, 10 -382 (Fed. Cir. 2011)the injustice must recommitted and inefficiency
accept on the elementary principle of administrative, trust, bank and fiduciary law redirection of
actual justice. The axioms of law to readdress 18 USC 1519 that must guarded from
proliferation, deterioration and erosion of the pursuit in recovering the transfer of estate as well
as deposits in the estate'total effects. Estate of Washington, George; Mt. Vernon.
(quoting)(citing)United States v. Henderson, 243 F.3d 1168, 1170 (9th Cir. 2001).The
magistrate court should not ignore the sounds of fraud nor not ignore executive orders that are
suggestive in silence and immunities that are overacting to ignore as well as strike down
consistency of the protection a beneficiary also have implied right. This is a maliciously
aggravated tortuous matter of financial law in asset that is entrusted in jurisprudence when
complications arise, as this suit it is at a diligent point preservation may better in US Supreme
Court due to the nature and magnitude duress in trust and fiduciary law to protect this district and
en banc court of 4th Circuit of Appeals de novo inter alia.
(168)
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power: Trust and Fiduciary Law Contours Magistrate Adjudication
In [a] magistrate consideration in the difference de novo to assert and apply guidepost "trustee
creed" as well as "triad of duties." There is interpretational oversight in the entire estate
litigation on the court record as it sets. 18 USC 1520 "quasistrict liability" in Pinkerton
"supports" 28 USC 2462 in financial litigation ripe as this suit sets should revive be retro-
activated as correction of procedure in due process owed to the Plaintiff, beneficiary as heir. The
Respondents executive order exceeds the Ninth Amendment holistically in opportunity that is
procure wrongfully the entire estate effects. [A] bar to executive order. [The purpose of rule and
purpose of law] is to more effectually avenue to fraud. The Respondents as trustee may not
originate in any purpose to defraud, executive order is natural tendency to be mischievous and
harmful. This motion in for transfer is discouraging fraud as a next appropriate diligence a
reasonable person would execute in respect of fiduciary, bank, trust and administrative law.
(quoting) Id. at 546 In Re: [Meinhard v Salmon] The executive order are overreaching
spiraling down trust expedience in law, regulating processes that disburse without to the
beneficiary as Plaintiff.
(169)
(citing) Kendrick v. Ray, 53 NE 823 (Mass. 1899), Garrott v. McConnell, 256 SW 14 (Ky.
1923) "standard of behavior" Meinhard v Salmon, 164 N.E. 545 (N.Y. 1928)Estate of
Stowell, 595 A. 1022 (Me. 1991)
(170)
(quoting)(citing)Kingslow v Treasury, 20009 -3030 (Fed. Cir) Respondents are a causative
conflicting factors favor the Plaintiff in which fraud starts due to the omissions of a number
fiduciary duties." due to imposition of executive order that intentionally ignore, intend to alter
criterion of the original intent to transfer assets of estate. 66 Central Law Journal 240 Vol. 12
(1908) wanton conduct is an additional to the egregiousness of situation that should be
exonerated in the stroms suspicious of the fraud (citing) Id. at 1025 In Re: Estate of Stowell.
Moreover, there is should be no competition in interest of the estate and there should no
competition to its deposits of money accounts generated from the effects of the estate in trust.
The Respondents executive order does not change the administration of the estate belonging
solely to the Plaintiff /Pro Se (quoting)(citing) In Re: Estate of Rothk, 379 N.Y.S. 2d 923 (Sur.
Ct. N.Y. County 1975), modified on other grounds, 392 N. Y.S. 2d 870 (App. Div.), affil 372
N.E. 2d 291 (N.Y. 1977) [Younger v Harris] Compelling on fact in merits the Respondents are
present anti -court measures in political defiance attempting to obscure or skirt trust and fiduciary
obligation mandate in law. This district by this motion for transfer is justified to strike and
deaden the Respondents executive order it is insider abuse. (citing) RTC v. Walde 18 F.3d 943
(D.C. Cir. 1994).(citing) Loumiet v Office of the Comptroller, No. 10 -1288 (D.C. Cir. 2011)
The Respondent executive order has a fraudulent nature where a reasonably rely that
reasonable understanding would question what else will lie. There should not be any species of
duress. [Korematsu].
(171)
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power: Trust and Fiduciary Law Contours Magistrate Adjudication
The Respondents executive is effecting their judgment in the color of their and the judgment of
this district court. [A] re- commit and acceptance of the magistrate judge must extend impress
liability due to wrongful procurement. The original complaint hold clear and obvious disparity
"with prejudice ". As a reasonable reliance there is a constitutional bit of tort by deception.
(quoting)(citing) United States v Tweel, 550 F.2d 297 at 36 (5th Cir. 1997) The court must bar
avenue of deception that has expectation altered future intent or unqualified conveyance.
(quoting)(citing)Noonan's Estate 63 A. 2d 80, 83 (Pa. 1949) ( quoting)(citing) Interfirst Bank
Dallas v Risser, 739 S.W. 2d 882, 898 (Tex. Ct. App. 1987) (quoting)(citing) Manchester v
Cleveland Trust Co., 168 N.E. 2d 745, 752 (Ohio Ct. App. 1960).(quoting) (citing) Cent.
Bank of Denver v. First Interstate Bank of Denver, 511 U.S. 164, 181 (1994) (quoting)
(citing) Int'l Invest. Trust v. Cornfield, 619 F.2d 909, 922 & n.15 (2d Cir. 1980) "no proof of
civil fraud is needed and can encompass a broad range of conduct that appear as deliberate
deception in which a false justification is a danger to the Plaintiff as loss causative in the future"
(quoting)(citing) Van Dyke v Bd. Governors, 876 F. 2d 1377,1379(8�h Cir. 1989)
(172)
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power: Trust and Fiduciary Law Contours Magistrate Adjudication
A magistrate judge should modify or set aside an order only if it is "clearly erroneous or contrary
to law." Federal Rule of Civil Procedure Rule 72(b)(3). There is a judicial dilemma of
obstruction in hierarchical aspects of the litigation. As duty calls to attempt to deal with this
issue. (citing) Honest Services Restoration Act, H.R. 1468, 112th Cong. § 1346A (2011) The
executive order encourages misfeasance, wanton and capricious conduct. The executive order
should not make ways and means of a future diversion of estate assets. 18 USC 1512(c)
exonerating impact the Respondents need to comply and concur with fiduciary, administrative,
beneficiary and bank law imperatively; transfer all encompassed assets or effects in the Estate of
Washington, George; Mt Vernon, Virginia.
(173)
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power: Trust and Fiduciary Law Contours Magistrate Adjudication
Federal Rule of Civil Procedure Rule 37(a)(3) The resulting flexibility as to sanctions
eliminates any need to retain the requirement that the failure to appear or respond be "wilf ill."
The concept of "wilful failure" is at best subtle and difficult, and the cases do not supply a bright
line. Many courts have imposed sanctions without referring to wilfullness. (citing) Milewski v.
Schneider Transportation Co., 238 F.2d 397 (6th Cir. 1956); (citing) Dictograph Products, Inc.
v. Kentworth Corp., 7 F.R.D. 543 (W.D.Ky. 1947). The courts have consistently held that they
have the power to compel adequate answers.(quoting)(citing) Cone Mills Corp. v. Joseph
Bancroft & Sons Co., 33 F.R.D. 318 (D.Del. 1963) (citing)Watkins v. United States, 354 U.S.
178 (1957) fundamental restriction through provisional powers of the magistrate should retract
the executive order cause the predicament. 66 Central Law Journal 240 Vol. 12 (1908) it so
great the political prejudice disparity must be deaden it is financial loss causative to this
litigation. [Marbury v Madison] Article IV factors favor the Plaintiff.
(174)
ARTICLE I EXNONERATION - RECOMITTANCE
IMPERATIVELY IMPACTING THE DOCKET
EXONERATING "DUAL REFUTE" PARTICLAR ALLEGATIONS
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power: Trust and Fiduciary Law Contours Magistrate Adjudication
Federal Rule of Civil Procedure Rule 72(b)(3) The Plaintiff is politically charged by implied
executive orders also. The political charge is malicious and colored; the Respondents executive
orders are erroneous those orders in their secrecy are to cause a contrary direction intentional
loss causative. Those executive order are changing criterion in keeping trust law in the "clean
hands doctrine" (citing) United States v Kenny, 409 U.S. 914 (1972) (citing) United States v.
Veal, 153 F.3d 1233, 1245 (11th Cir. 1998 ) "ex posto facto "; on the good cause to commence
the action against Respondents. (citing) United States v O'Grady, 742 F. 682 (2nd Cir. 1984)
(175)
ARTICLE I EXNONERATION - RECOMITTANCE
IMPERATIVELY IMPACTING THE DOCKET
EXONERATING "DUAL REFUTE" PARTICLAR ALLEGATIONS
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power: Trust and Fiduciary Law Contours Magistrate Adjudication
Federal Courts Improvement Act of 2000, Pub. L. No. 106 -518, -4 202, 114 Stat. 2410, 2413
Force or Fraud In Re: Halberstam, 705 F.2d at 484 endorses minority position indifference of
opinion by a magistrate where there are unconstitutional issues in any sanctions dually reaching
the opposite conclusion. United States v McVeigh is it so great the prejudice the Plaintiff has no
illegal matters no civil tort that warrant implied executive orders assertion that a reasonable court
would not reasonably object to the Respondents assertion implied power of orders. Watkins v
United States. The Respondents are politically slanderous powers of the magistrate is capable to
discern overreaching modalities that is causing discriminative proliferation of the estate
property and set aside accounts. (citing) United States v Braasch, 505 F. 2d 139, 150 -51 and n.7
(7th Cir. 1974) (citing) United States v Cruikshank, 92 U.S. 542, 557, 23 L. Ed. 588.
(citing) United States v McVeigh, 918 F. Supp. 1467, 1472 (W.D. Okla. 1996) The Respondents
are coloring and erroneous with enactment of executive order that is actual facilitation future of
evasion to spoil the beneficiary connection with the US Treasury. The existing prejudice orders
are requested to rescinded imperatively to protect assure that the hearing magistrate judge
exercises his independent judgment on the evidence as the court records states; merit of the facts
as they set before him, free from political pressures by the parties or other officials within the
agency. "(citing) United States v Mazzei, 521 F. 2d 639 (3`d Cir. ) (en banc) cert. denied 96 S. Ct.
446 (1975) The Plaintiff rights in this civil ligation do not stop in which it be directly impacted
by egregious executive order and prejudice deserves objective reasonableness to vacate and
reverse through strategic enforcement to avoid loss as well as nullify the arbitrary action.
(176)
ARTICLE I - EXNONERATE THE POLITICAL CHARGE
AGAINST THE INNOCENT OWNER/PLAINTIFF
SHOW CAUSE OR TRANSFER
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power: Trust and Fiduciary Law Contours Magistrate Adjudication
Federal Rule of Civil Procedure Rule 72(b)(3) Total exoneration may be required
immediately by the US Supreme Court there are two side to every story. [United States v
Jones, 132 S. Ct. 945 (2012)] Plaintiff in retrospect request in equilibrium adjustment to apply
actual justice not detrimental ends of justice where latitude of Respondent is likely to commit
fraud and causative of loss to money and estate assets. In the original complaint and petitions the
burdens are on the Respondents on the cause there is and affirmative link has been established
and closure of the case was premature. Affirmative Link of misconduct in liberal allowance
this lawsuit to statutory advance to a just court objective reasonableness pursuant to nullify
executive order wrongfully asserted against the Plaintiff. 18 USC 1512(c) This motion is a
request to redirect the judicial azimuth; still requires the administrative process to be exhausted
(citing) Free v. United States, 879 F.2d 1535, 1537 n.l (7th Cir. 1989). Affirmative Link and
excited dramatic event can be traced to the Respondents executive order activity directed at the
Plaintiff. The concert is intentional and is compounded by this court inaction. This lawsuit has
serious wrongdoing has enough fruit as this sets before the courts "intentional actual effects that
will not deplete in its futures ". This lawsuit has serious wrongdoing has enough fruit as this sets
before the courts "intentional actual effects that will not deplete in its futures ". Affirmative Link
versus Casual Link (citing) 1 L. Jayson, supra note 16, § 51. in grey areas of immunities
previous court order where unduly implement administrative government procedure where not
justified as they are assert against the Plaintiff. Those executive orders are intentional implied
effect for loss in their unconstitutional overreach against the Plaintiff to gain an undue
procurement in politically charged modalities of force or coercion has link to injuries or a loss.
(citing)(quoting) Means v. City of Chicago, 535 F. Supp. 455 (N.D. Ill. 1982) The Respondents
executive order did not entitle them in the color the office a dismissal nor where are entitled a
continued closure by dismal inaction. (citing) Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004)
Evans v United States.
(177)
ARTICLE I - EXNONERATE THE POLITICAL CHARGE
AGAINST THE INNOCENT OWNER/PLAINTIFF
SHOW CAUSE OR TRANSFER
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power: Trust and Fiduciary Law Contours Magistrate Adjudication
[Younger v Harris] Affirmative Link versus Casual Link The executive orders are politically
charged in defiance against the Plaintiff an innocent estate beneficiary. Means v. City of
Chicago, 535 F. Supp. 455 (N.D. Ill. 1982) quoting) (citing) Cent. Bank of Denver v. First
Interstate Bank of Denver, 511 U.S. 164, 181 (1994) .(quoting)(citing) Stern v. Marshall, 131 S.
Ct. 2594, 2610 (2011)In re Marshall, 275 B.R. 5, 50 -51 (C.D. Cal. 2002) recognized a cause of
action for tortious interference with the magistrate judge derives jurisdiction and authority.
Affirmative Link versus Casual Link actio libera in causa (quoting)(citing)Olde Prairie
Block Owner, LLC, 457 B.R. 692, 701 (Bankr. N.D. Ill. 2011) The Respondents are
unqualified to procure, wrongful to excite into effect any modalities or that ill -will into end
justice as an exaction. The executive order suggest to ignore concert of affirmative and casual
link in what was legitimate US Treasury. Newsome v Treasury "quasistrict liability" favor the
Plaintiff like to recover the asset in face vigilant politics that undermine this case.
(quoting)(citing) United States v. Yount, 960 F.2d 955, 957 -58 (11 th Cir. 1992)
The magistrate in transferring this lawsuit would no longer be out -of step with statue, regulation,
and constitution. 18 USC 1512(c)
(178)
ARTICLE I - EXNONERATE THE POLITICAL CHARGE
AGAINST THE INNOCENT OWNER/PLAINTIFF
SHOW CAUSE OR TRANSFER
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power
(quoting)(citing)17 On. Att'y Gen. 184, 187 (1881).The latitude of the district court in
screening this cases for determination bears particular fruit and merit, increasing the district
attention is necessary via the magistrates difference interpretational assentation that are overall
politically charged natures and fraudulent natures, inter alia. This federal court is presented
Western District of North Carolina, Charlotte Division is presented with legitimate and a
legitimate controversy. This magistrate court would be without judicial mischief in appropriate
dialogue with superior courts in keeping with Supreme Court Jurisprudence imperatively as
diligent due process. This district court order are without action due to the executive order in
silence are a compounding preemption that is undue politically charging prejudice, "Political
Suppression" has a casual and affirmative link that is usually deemed disparity altering a
criterion or alters a doctrine's direction. There is casual and affirmative link to executive orders
to hierarchy extensions of the US Treasury in which the Respondents are utilizing in the
continuum of unreasonable retention directly against the Plaintiff to hyperpolarize or enhance
the political charge to intentionally assert positional duress. Title 12 Bank and Banking the
financial network must exonerate the executive order suppression and unreasonable implemented
by the hierarchy elements asserting the implied powers that must detach and diffuse the
administrative issue. In Re: Judge Struad [ 28 USC 351 Complaint No. 05 -537] In so great the
prejudice the political nature charge and overreach without exoneration. [A] reasonable
equilibrium adjustment in the examination of financial merit of issue justification of executive
order assertion must imperatively show cause of defiant or ignorance of trust, bank, fiduciary and
beneficiary protection asserted by Respondents. Younger v Harris the political nature of the
executive order are diminishing and distorting the realities of issue by circumventing the court.
The executive order that politically charge a financial situation in concert against process of this
court must prove its constraint's legitimacy without cease and desist to administrative bank law.
The Respondents must answer and exonerate imperatively in powers of the magistrate and
should not object to motion for transfer compelling. Marbury v Madison. Article I Supreme
Court Jurisprudence must nullify executive order effects in suppression and is causing the
Plaintiff a continuum's financial syndrome in totality of pecuniary harm.
(179)
ARTICLE I - EXNONERATE THE POLITICAL CHARGE
AGAINST THE INNOCENT OWNER/PLAINTIFF
SHOW CAUSE OR TRANSFER
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power
United States v Mandel, 591 F.2d 1347 at 60 (4th Cir. 1979) "In Method of Exoneration"
political natures and political charge where money is must exonerate in a court of law before
any forfeiture may take place.. On the cause, of liberal allowance and objective reasonableness
there is due actual justice to purge issue in a court's venue exonerating both sides of the case and
both side of the controversy. 17 Op. Att'y Gen. 184, 187 (1881). This motion for transfer in
methods of exoneration is ripe and has a right to reasonable reliance distinctly implicit in the
difference which is justified to be reconsidered before this magistrate authority possessed by this
district court. (citing)Watkins v. United States, 354 U.S. 178 (1957) fundamental restriction
through provisional powers of the magistrate should retract the executive order cause the
predicament. (citing)United States v Mazzei, 521 F. 2d 639 (3rd Cir. ) (en banc) cert. denied
96 S. Ct. 446 (1975)
(180)
ARTICLE I - EXNONERATE THE POLITICAL CHARGE
AGAINST THE INNOCENT OWNER/PLAINTIFF
SHOW CAUSE OR TRANSFER
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power
17 Op. Att'y Gen. 184, 187 (1881). The case as it sets is developing and re- committing with a
narrower remedial action necessary for affirmative civil action against the Respondents. (citing) Shapiro
v. Secretary of State, 499 F.2d 527, 531 (D.C. Cir. 1974), affd, 424 U.S. 614(1976) (citing)
Plaster v. United States, 720 F.2d 340, 349 (4th Cir. 1983). Article III still requires the
administrative process to be exhausted where trust and fiduciary is concerned. (citing) Free v.
United States, 879 F.2d 1535, 1537 n.l (7th Cir. 1989). The magistrate has good cannon grounds
to take affirmative remedial action "on politically charged natures of the litigation" purge
venality and positional duress.
(181)
ARTICLE I - EXNONERATE THE POLITICAL CHARGE
AGAINST THE INNOCENT OWNER/PLAINTIFF
SHOW CAUSE OR TRANSFER
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power
The law has traditionally distinguished between constitutional rights and remedies enforcing
those rights of the Plaintiff /Pro Se. (citing) Kingslow v Treasury , 20009 -3030 (Fed. Cir) The
Respondents are causing a politically charged conflict of interest in procurement, rights of
possession, accountability and ill -will manner in financial law. Cent. Bank of Denver v. First
Interstate Bank of Denver, 511 U.S. 164, 181 (1994) Int'l Invest. Trust v. Cornfield, 619
F.2d 909, 922 & n.15 (2d Cir. 1980) The magistrate is justified in improving interest to
narrowing and compelling exoneration due to the appearance of reasonable fruit as well as
reasonable merit of this case ripe for appropriate relief by judicial means of revived intervening
further proceedings. Deciphering exonerating de novo in the standards or review effectively this
case path that was previous objected. The Respondents present circumstances that exceed and
undermine the Ninth Amendment. Exoneration must attest in prevention of corruption that may
cause a loss to the Plaintiff. (citing) Citizens United v FEC, 130, S. Ct. 876 (2010) (citing)
Austin v Michigan Chamber of Commerce, 494, U.S. 652 (1990) (citing) Wall Cooksey v. Local 230
et al 3:97- CV00942(JCH)( Dist. Ct. Bridgeport Div. 2005)
(182)
ARTICLE I - EXNONERATE THE POLITICAL CHARGE
AGAINST THE INNOCENT OWNER/PLAINTIFF
SHOW CAUSE OR TRANSFER
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power
17 Op. Att'y Gen. 184, 187 (1881). The case as it sets is developing and re- committing with a
narrower remedial action necessary for affirmative civil action against the Respondents. In the
development of the facts of a case Supreme Court Jurisprudence authorizes district courts to
direct magistrates to determine facts so indicated by the Plaintiff. What else lie, "everything gain
and everything to lose ". This motion for transfer is not an ambiguous nor malicious approach to
absolving the particular allegations and controversy pursuant of proper remedy.
(quoting)(citing) United States v. Yount, 960 F.2d 955, 957 -58 (11 th Cir. 1992)
(183)
(citing) Shapiro v. Secretary of State, 499 F.2d 527, 531 (D.C. Cir. 1974), afid, 424 U.S.
614(1976) (citing) Plaster v. United States, 720 F.2d 340, 349 (4th Cir. 1983). (citing)Politics
and the Criminal Process: Federal Public Corruption Prosecutions of Popular Public Officials
Under the Honest Services Component of the Mail and Wire Fraud Statutes, 105 DICK. L.
REV. 57, 57 (2000). Rightful Prosecution or Wrongful Prosecution? Abuse of Honest
Services Fraud for Political Purpose, 82 S. CAL. L. REV. 1289, 1311 (2009) United States v
Wilkes, No. 08 -50063 D.C. No. Cr. 00330 - LAB- OPINION(9" Cir. 2011)
(184)
ARTICLE I - EXNONERATE THE POLITICAL CHARGE
AGAINST THE INNOCENT OWNER/PLAINTIFF
SHOW CAUSE OR TRANSFER
Exoneration Clause Is Trust Law Synonymous
In Keeping With
"White- Collar Crime Penalty Act 2002"
Magistrates and Judicial Power
(quoting)(citing)United States v. Henderson, 243 F.3d 1168, 1170 (9th Cir. 2001).The
magistrate court should not ignore the sounds of fraud nor not ignore executive orders that are
suggestive in silence and immunities. Magistrate Judges Div., Admin. Office of the U.S.
Courts, A Constitutional Analysis of Magistrate Judge Authority, 150 F.R.D. 247, 270 (1993)
[Magistrate Judges Division]Federal Courts Improvement Act of 2000, Pub. L. No. 106 -518,
202, 114 Stat. 2410, 2413 endorsed minority position indifference of opinion by a magistrate.
The magistrate judge by foreseeability and reasonable reliance there is dangers of future
opportunity of a total loss to Plaintiff. (citing) Halberstam, 705 F.2d at 478. The Pro Se case is
amicable and is capable to reverse in this district not to struck down by political defiance of the
9th Amendment where is law of trust, administrative, fiduciary and bank law with other
regulation involved that should and could compel affirmative intervention of the magistrate
court. (citing) Halberstam, 705 F.2d at 484. This is one Pro Se case that is profoundly and clearly
favorable in the Pro Se civil rights in the recovery and take possession of Estate of Washington,
George; Mt Vernon, Virginia. (citing) Oneida Indian Nation v County of Oneida, 414 U.S. 661
(1974) In Re: Mayer, supra note 16, at 2
(185)
UNIFORMED FEDERAL STANDARD AND INTANGIBLE RIGHTS DOCTRINE OF
THE FOURTH CIRCUIT STIPULATES TO ARTICLE I EXNOERATION
"GUARD — DETER"
PROLFERATION OF THE SUIT
"The Enduring Arguments Against Inter — Court Bureaucracy: Alienation Errors of Non -
Arbitrariness Principle Sustains Requirement for Revamping Exoneration In Lieu of Popular
Politics That Corrupts"
18 USC 1512(c) striking frivolous and prejudice. The magistrate should acknowledge that
something is wrong, whereas the original judgement was not generate decision on the merits of
the entire complaint face. The original amnesia of the district is error. On judicial error,
(citing) Inside the Judicial Mind, 86 CORNELL L. REV. 777 (2001).
(186)
Article I factors weigh in favor of the Plaintiff by which a reasonable understanding there is a
concert that is clearly overreaching and exceeding parameters. This court orders present
opportunities to be loss causative and is an associative distancing of the political case.
(quoting)(citing)Hobson v Wilson, 737 F.2d 1 237 U.S.App.D.C. 219 (D.C. Dist. 1984)
(quoting) In Re: Hobson v Wilson Id. at 38) [ United States v Nixon ]
(187)
18 USC 1512(c) the compounded orders of Western District Court of North Carolina and en
banc panel of the 4th Circuit of Appeals are inconclusive and should be imperatively voided. The
rights of the Plaintiff do not stop in which the conjunction of the Respondents executive order
are also warring against the Administrative Procedures Act in totality. Moreover, it is
impossible for the order to be accurate and impossible in constitutional step in the examination
of the Respondents as representative within a financial institution. the original orders of the district
and appeals court are not without conflict, they do not support of the doctrine that where the assurance
that fraud was not or is not ignored. A statutory conscience of the magistrate should productive to
revised administrative affirmative acts to in required exoneration of the particular allegation against the
Respondents. Moreover, a transfer of this case should not continue concealing the facts nor be in the
continuum of the same political, fiduciary and administrative problems. (quoting)(citing) Bailey v
Glover, 88 U.S. 21 Wall. 342 342 (1874), [a] reversing action in the ease of proof will uncover
[a] "smoking gun ". This motion for transfer is the next reasonable exonerating diligence to
discern all disparity that is and will lie in the issues of this litigation. This is a new independent
action to initialize a purge and exonerating objective reasonableness to constitutionally disallow
abrupt proliferation. (citing) Community Party v Control Board, 367 U.S. 1 (196 1) The matters
of case relating back are and ripe to be sustained in this district court originally. The original
order of this court unconscious to point of law beneficiary asset protection. "[T]he district court
judge's decision to publish is unconstrained by external rules, oversight, or pressure from
colleagues." (quoting)(citing) Plessy v. Ferguson, 163 U.S. 537 (1896). The original orders that
inactive are not valid they are judicial betrayal without applied investigative exhaustion ". This
court order are an obstructive affirmative and causal connection without proper investigative
exoneration. 18 USC 1512(c) conspicuous administrative issue the materiality may conceal
injury and may to the Plaintiff contrary to responsibility of court in fair litigations where money
is the sum and fruit of the conflict. (quoting)(citing)17 Op. Att'y Gen. 184, 187 (1881). The
Western District of North Carolina and en banc panel of 4th Circuit of Appeals are invalid
and is wrongfully conjugating a conflict concerning the estate transaction without regard to its
merits of the original complaint and original petition. Moreover, the circuit as a whole can not
constitutionally atone to the materiality of this suit as frivolous by numerous a points and
axioms of fiduciary bank law in trust. The magistrate in plain sight of the ripe issue is justified
to point out some suspicion of legitimacy to revive and compel back to district judge or in whole
summation immediately transfer this case to the District of Columbia as evidence verite.
Ex dolo malo non ortir actio There is something wrong and there is a species of unusual
politically charged duress in a money issue. Younger v Harris the defiant willful blindness may
lie against. 18 USC 1512(c) [United States v Holzer] "not because there is fraud, but because
there may be fraud" (quoting)(citing)Piatt v. Longworth's Devisees, 27 Ohio St. 159, 195 -96
(1875). The Article II corruption clause is forbidding conflicts of interest where there may be a
political interest impairing the ruling of the 4th Circuit as a whole. ( quoting)(citing) United States
v Perrin, 131 U.S. 55 (1889) It is so great the ability of political prejudice this legitimate
litigation with "stubbornness and inflexibility ". Moreover, the protection of asset estate trust law
re- regulate requirement for a judicially forward exoneration assertion against the Respondents.
Bank law and constitutional law in the entire suit as it sets was not the first legal ordinance of
governance that are always likely to absolved [a] jury quickly. Now, this lawsuit presents more
unresolved matters of complexities in administrative invisibilities, not uncovered truth is the
same omitted truth in the begging of a fraudulent infection.(quoting)(citing) Munson v.
Syracuse, G. & C. Ry. Co-8 N.E. 355, 358 (N.Y. 1886) the reform of civil procedure and the
fusion of law and equity have equipped the courts that enforce trusts with effective fact finding
procedures to diffuse potential conflict and uncover the concealed wrongdoing.. The Plaintiff is
purging issues into the next phase. [Brady v Maryland] This district court and en banc panel,
"suppressed the venality in this issue ". The circuit order are purposeful and there is and
imposition purposeful executive order "two sides of the story" (quoting)(citing) Piatt v.
Lonzworth's Devisees, 27 Ohio St. 159, 195 -96 (1875). the reform of civil procedure and the
fusion of law did not move due process for the proper disbursing equity to the Plaintiff.
28 USC 2072(b) should have equipped the district court and en banc panel initially to enforce
trust and fiduciary law duty with effective fact finding procedures that would have profoundly
broken up concealed wrongdoing that is administratively stalemating illicit breeches in the
transaction and transfer of estate property as well as money deposit in the Plaintiff name to
lawfully take possession. (citing) United States v Powell, 379 U.S. 48 (1964) citing) Nation v
United States, 10 -382 (Fed. Cir. 2011)
(188)
Legal Standards Compelling Article I Exoneration In the Difference De Novo
Intervening Grounds Compelling Exonerating To Sustain Pursuit
Through An Affirmative and Causal Connection
"Political quasi administrative Disparity"
(citing) 17 Op. Att'y Gen. 184, 187 (1881) This is a magistrate action that should compel this
transferring action also by 31 USC 3733 procedural circumvention in the association the
Department of Justice Attorney General and US Treasury are undermining the constraints and
protections of Ninth Amendment violating the Plaintiff holistically by executive order.
citing) Lefkowitz v Cunningham, 431 U.S. 801 (1977) political process is insufficient to justify
forcing the Plaintiff with any species of coercion.(citing) United States y Mandel, 591 F.2d 1347
(4th Cir. 1979) Evans v United States (quoting) Mandel 591 F.2d Id at 60. This is an exonerative
action to purge the estate and money deposit into the open court on the constitutional duty by separate
and distinct action within this motion in the difference of requirement. Cooper v Aaron Where there is
money and land that is traceable quasi strict liability specify that are errors of law to assert executive
order and orders of the 4th Circuit as whole. This is an re- examining action concerning the US Treasury
in which there is fraudulent nature and the original decision or preliminary order are defective in all
regarding concepts of simplified trust or bank law. There is obvious constitutional inadequacy and
profound inconsistency in the elementary principles of administrative encompass by Title 12 and Title 5
respectfully. The Respondents, Attorney General must answer to particular allegation and absolve
without any further duress to the estate as well the Plaintiff. Galina y INS, 213 F.3d 955, 958(7th Cir.
2000) this action is moving to nullify cease and desist all discriminative adverse administrative
that is causing an unreasonable retention. [Mapp] the executive order can not overlook tortuous
materiality that casual and affirmative connection that will inevitable slander and discriminative
be a spoiling exaction. (quoting) (citing) In Re: ( In Re: Matter of Cerna, 20 1 & N. Dec. at
402. Matter of Ramos, 23 I &N Dec. 336, 338 (BIA 2002) Chudhevid v INS, 641 F. 780, 783 (9th
Cir. 1981) Zhao v U.S. Dept. of Justice, 265 F. 3d 83, 90 (2 °d Cir. 2001)Matter of O -S -G, I &N
Dec. at 57 -58. Matter of O -S -G, 24 I &N Dec. at 57 ). (citing) United States v Veal, 153 F.3d
1233, 1245 (11th Cir. 1998) There is obstructive materiality in the issue dehiscence of trust and
slander or abolish the ability to take possession of the said account and estate property. (citing)
United States v Johnson, 383 U.S. 169 (1966) There must be more truths that are imperative
copious conspicuous triable points. There is real conflict and controversy that is politically
impaired as well as administrative distorted or convoluted. (citing) Oneida Indian Nation v
County of Oneida, 414 U.S. 661 (1974)_(citing) Newsome v Treasury, 2009- 30199(Fed. Cir.)
Lefkowitz v Cunningham The court record has submission likely as ripe issue as evidence verite'.
The underlying materiality has infection and flaws that are increasing probable cause in the
element of issue. The torts culpability have a regard to an innocent estate owner as beneficial
heir. The particular allegations where served and redirected a due for action in a proper judicial
notice. The merit of materiality requires a the magistrate analysis of the probative value and is
constitutionally justifiable to revoke all prejudice categorizations that are inherent in the issue
before the district court judge and compelling against the Respondents. In Re: Halberstam, 705
F.2d at 478. The US Attorney is erroneous and constitutionally misguided to allow any
assertion of executive orders against the Plaintiff encompassing the concerns of Estate of
Washington, George Mt. Vernon, Virginia. 66 Central Law Journal 240 Vol. 12 (1908) it so
great the political prejudice disparity must be deaden it is financial loss causative to this
litigation. [Marbury v Madison] Article IV factors favor the Plaintiff due to the fact civil rights
in accordance with 31 USC 3733 do not stop in an administrative examination of a financial
institution. [ Korematsu v United States]
(189)
ARTICLE I EXNOERATION IS THE PREVAILING DIFFERENCE
OF INTERPRATATION TO RESIST ELIMINATION OF
EXECUTION AND TRANSFER — WHERE IT MGHT BE BROUGHT
"The Enduring Arguments Against Inter — Court Bureaucracy: Fine Tuning Errors of Non —
Arbitrary Bank Statutory Principles Sustaining Requirement for Revamping Exoneration In
Lieu of Popular Politics That Defraud and Corrupts"
18 USC 872 (quoting) Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011) (quoting) In re
Marshall, 275 B.R. 5, 50 -51 (C.D. Cal. 2002) "actio libera in causa" (quoting) Olde Prairie
Block Owner, LLC, 457 B.R. 692, 701 (Bankr. N.D. Ill. 2011) The Respondents are unqualified
to procure, wrongful to excite into effect any modalities or that ill -will into end justice as an
exaction. (quoting) Cent. Bank of Denver v. First Interstate Bank of Denver, 511 U.S. 164, 181
(1994) "Criminal liability for aiding and abetting constitutes an ancient doctrine of criminal
law." (quoting) Int'l Invest. Trust v. Cornfield, 619 F.2d 909, 922 & n.15 (2d Cir. 1980) ( "[A]
person who assists a tortious act may be liable for other reasonably foreseeable acts done in
connection with it. ") The previous review in the district court and en banc where wrong. The
executive order implemented is not a legal suffice and safety harbor from tortuous improprieties
in the situation. The executive order is sufficient general knowledge for the 4th Circuit as whole
to revamp and revive the entire matter in transferring to the District of Columbia Courts.
(quoting)(citing) United States v Hammen, 977 F. 2d 379 (7th Cir. 1992) This suit as sets has
all three elements. (1) participation of scheme (2) executive order is suggestive in aim to be loss
causative or causative of politically charged predicament (3) the Respondent have knowledge
of executive order adverse and contrary effects to Plaintiff. The executive order and court order
is enough to revive the case through a diligent re- directive exoneration process. (quoting)(citing)
United States v Cloud, 872 F. 2d 846, 851 (9th Cir. 1989). (citing) United States v Tweel, 550
F.2d 297 at 36. There is a reasonable amount deception due to the fact executive order and court
order would actually not all information to be incorporated into a judicial discussion along the
coinciding torts that holistically have adversely effected the Plaintiff. The Plaintiff relating back
does not have actual proof of executive order nor any other information on the court at this time
to understand that Respondent are creating an opportunity for loss of estate land and money
deposits. The dismal inaction district and en banc panel is facilitating and creating adversely in
so great the prejudice against the Plaintiff. The general understanding the Respondents are
overreaching with executive order effectuation in which the money does not have to move. The
Respondent know that eminent is abolished also. Moreover, it should compel to further
proceedings in common law due to totality of tort. The invisibilities are not unconscious to
conduct that have presented the problems within the litigation by Plaintiff.(citing)Whaley, supra
at 663- 664(citing) Hanley, supra at 401 -402, 104 N.W. at 59 (citing) United States v O'Grady,
742 F. 2d at 687. The Respondent are clearly obviously using their administrative position to
perpetuate a politically defiant imposition of unreasonable retention. The original complaints,
petitions and subsequent requesting action are legitimate. Moreover the original amnesia is there
no frivolousness considering the particular allegation and materiality "not because there is fraud,
but because there may be fraud. "(quoting) (citing) Piatt v. Longworth's Devisees, 27 Ohio St.
159,195 -96 (1875). Kingslow v Treasury `forbidding conflicts of interest." (citing) United States
v Johnson, 383 U.S. 169 (1966) The court orders with prejudice must exonerated by voiding with
flexibility in constitutional accordance. The orders of Western District of North Carolina and 4th
Circuit Court of Appeals are concealing egregiousness therefore proliferation and erosion in
plain sight wrongly detrimental in proper applications of fiduciary, bank and trust law.
"stubbornness and inflexibility" (quoting) (citing) Munson v. Syracuse, G. & C. Ry. Co.,8 N.E.
355, 358 (N.Y. 1886) the reform of civil procedure and the fusion of law and equity have
equipped the courts that enforce trusts with effective fact finding procedures. The court order and
executive order are potentiating a political conflict could easily conceal discriminative
wrongdoing. The entire narrative articulation and as well as the Respondent must exonerate due
in fact there are two sides to every story displaced disparity is known lie in the legislative
history. (quoting)(citing) Plessy v. Ferguson, 163 U.S. 537 (1896). The original orders now
inactive are not valid they are judicial betrayal without applied investigative exhaustion where
money is traceable. There should not have been a complicated administrative obstacle what so
ever in the consideration of the values of estate and the sum of principal deposited by US
Treasury rightfully disbursed to the Plaintiff. (citing) Cooper v Aaron, 358 U.S.1 (1958)
(quoting) Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011) (quoting) In re Marshall, 275 B.R.
5, 50 -51 (C.D. Cal. 2002) (citing)Nation v United States, 10 -382 (Fed. Cir. 2011) The overacts
and torts need to absolve for wanton, capricious and unreasonable detention by implied objective
reasonableness like to recover or transact into the possession to the Plaintiff with appropriate
diligence.(citing)(quoting) RTC v Walde, 18 F.3d 943 (D.C. Cir. 1994). (citing)Loumiet v
Office of the Comptroller, No. 10 -1288 (D.C. Cir. 2011) United States v Holzer as this case sets
there is enough general knowledge to compel redirection in spite of a legitimate politically
charged conflict that is depriving due recovery of beneficiary assets to the Plaintiff. The existing
prejudice orders are requested to rescinded imperatively to protect assure that the hearing
magistrate judge exercises his independent judgment on the evidence as the court records states;
merit of the facts as they set before him, free from political pressures by the parties or other
officials within the agency. "(citing)United States v Mazzei, 521 F. 2d 639 (3 d Cir. ) (en
banc) cert. denied 96 S. Ct. 446 (1975 The case as it sets is developing and re- committing with a
narrower remedial action necessary for affirmative civil action against the Respondents.
(citing) (quoting) Shapiro v. Secretary of State, 499 F.2d 527, 531 (D.C. Cir. 1974), aff d, 424
U.S. 614(1976) (quoting) (citing) Plaster v. United States, 720 F.2d 340, 349 (4th Cir. 1983).
(190)
ARTICLE I EXONERATION AVIODS END OF JUSTICE
AVOIDANCE OF SOPHISTICATED WITHDRAWAL
"White- Collar Crime Penalty Enhancement Act § 906,18 U.S.C. § 1350 (2006)"
Practicing Law With Considerable Efforts In Law Within The Statues of Limitations
18 USC 1512(c) This motion for transfer is improving the probative value and legitimacy of
the entire suit as set before the magistrate judge. Federal Rules of Evidence Rule 902(2)(A)
The underlying materiality requires a drastic redirection without any other supplement are or
were require where money and estate property is traceable. (citing)United States v Kenny, 462
F. 2d 1205, 1229, cert. denied 409 U.S. 914 (1972). There is visible narrative summation in
relating back holistically as duress minas and unreasonable retention. The district order are
displaced or present as prejudice imposition in a critical matters of an asset issue. The district
court error of law is manifest. (citing)United States v O'Grady, 742 F. 2d at 687. The court
record itself is the required proof that deterrence is not or did not occur. Whereas, matters in this
case in the district court and en banc orders are unjustly present stipulating invalidity.
Federal Rule of Evidence Rule 902.
(191)
18 USC 1512(c) United States v Keogh "quasi- strict liability" The inevitability of a bias,
gives raise to all specific perspectives of Plaintiff's version entirely truthful and reality
amicably aimed to persuade a legal judgment in financial and estate matter. The underlying
submission served and offered to help establish a fact in issue. United States v Holzer.
The underlying matters articulation that warned the court. The original district court order
"with prejudice" is designing defect that is causing a egregious proliferation of estate and
banking fiduciary matter that imperatively concern the magistrate court at this time for
redirection again. (quoting)(citing) Olde Prairie Block Owner, LLC, 457 B.R. 692, 701
(Bankr. N.D. Ill. 2011) The Respondents are unqualified to procure, wrongful to excite into
effect any modalities or that ill -will into end justice as an exaction. (citing) 17 Op. Att'v Gen.
184, 187 (1881). The case as it sets is developing and re- committing with a narrower remedial
action necessary for affirmative civil action against the Respondents.(citing) Plessy v. Ferguson,
163 U.S. 537 (1896). The district court order and executive order of Respondents has or will in
continuum cause an adverse impact fundamentally altering the balance of power between Plaintiff and
Respondents. Marbury v Madison judicial error due to incomplete information is, in itself, a
reason to reject the preliminary judgment idea of the present orders. 18 USC 1512(c)
The underdeveloped record is a problem in many contexts where judges make preliminary
assessments of the merits. The possibility of error should not have been tolerated because of the
needs of the situation and because the judge's decision, being provisional, is always subject to
correction as the case progresses. The factual court indicates that actual deterrence is not
occurring. Moreover, is unconstitutionally allowing and is encouraging upside down unjust
outcomes "Judge Says" in the present court order "Loss in Scheme" (citing) Mercer v Lence,
96 F. 2d 122 (1938).
(192)
This motion is an exonerating task to nullify the overreaching to analyze political tactics.
This motion is an exonerating task imperatively to critique venality element in the issues relating
back to the Plaintiff's previous submission in this district and en banc courts into an
unambiguous and objective truth sufficiently constraining so that fiduciary, administrative and
bank law performs in recovering the estate as well as money deposit for the Plaintiff Watkins v
United States (quoting)(citing) Mono gahela Navigation Co. v United States, 148 U.S. 312, 326
(1893)The Respondents holistically are overreaching with a distorted criterion that is also
implied aggravating distanced retention. 18 USC 1512(c) reanalyzing judgments of coherence
and incoherence must reverse to come about problem is magnified. The order of the district and
4th Circuit Court of Appeals is compounded by an executive order making an infecting judicial
error that is potential prey for more opportunity in the sham by Respondents.
(193)
18 USC 1512(c) the legislative history and legislative intent require the magistrate objection to
the district court and en banc court orders. Article II Corruption Clause in practice of law is
turning good thing in trust that went then no has been worse due to dismal inaction of 4th Circuit
as whole. The exonerating task factors predictability weigh favorably for the Plaintiff in
reviving and transferring a constitutionally litigation to the District of Columbia Circuit.
The Western District Court of North Carolina and 4th Circuit Court of Appeals departed from
guidelines in which a conspiring inference is good in any district court to initiate process.
Conspiring inference in which the Respondents executive order is unlawfully withdrawing from
a fiduciary, bank and trust obligation supported by local inter -court ordination laws where there
should have been no inter district court nor inter- court conflict bureaucracy. [Hilton v Guyot]
Article- I factors favor the Plaintiff due to contaminated comity is aiding and abetting
reconfiguration or further concealment of estate in total. 18 USC 1512(c) the issue underlying
should be answer and recover accounts as well as estate in the transferring exoneration before a
reversing magistrate in deciphering difference de novo.(quoting)(citing) Burchinal v. United
States, 342 F.2d 982 (1965) the district court order and en banc court order is a developing into
bad thing of proliferating exaction that should reactivity absolve from distancing or further
concealment away the Plaintiffs ability to recover said total estate account. Virenda Raiput v
City Trading, No. 10 -15405 D.C. Docket No. 1:10- cv- 21654(l11h Cir. 2012) . The Plaintiff is
this request is amicable on numerous of points of law that recanting present and previous orders
where the elementary administrative law process warrants a new reanalyzing inquiry. Those
visible and invisible administrative defects sounds and storms conspicuous sufficient enough for
a adjusting jury distinguish the disbursement and transfer. The compounded of torts that is
causing distress and duress in sufficient to vacate all orders immediately. In Re: Halberstam,
705 F.2d at 478. The powers of actual justice and civil powers are impressive strong enough
before the Western District Court of North Carolina Magistrate Judge adjusting reopen this suit
and re- docket this case as to the "storms of a inquiry" attesting difference of opinion to transfer
to a hearing venue due in fact there was neither hearing nor trial as just a simple adverse
possession natures was unconstitutionally inexcusable in the review there was and is a problem
inter alia . There has been no changes in doctrine, whereas in the legislative history executive
order and inactive court make a unconstitutional administrative legal contraption untoward trust,
fiduciary, bank and estate administrative management law that benefit as well as protect the asset
of wealth involved this litigation. The Western District of North Carolina and 4th Circuit of
Appeals are inhibiting the process pursuant against the Respondents, therefore allowing
executive powers to strike down bank and trust law of estate to unlawfully procure.
[United States v Nixon] The district and appeals court have avoid the process by allow
avoidance devices. The executive order induced by the Respondents are not the governing
instrument as issues present to the courts where money and land properties are traceable.
(citing)United States v Mandel, 591 F.2d 1347 at 60 (4th Cir. 1979) factor to exonerate
"beneficiary as Plaintiff that complains to the deferred access " Avoidance devices defer and
obstruct access to frustrate the recovery of estate and monetary deposits. (citing) Newsome v
Treasury, 2009- 30199(Fed. Cir.) use of executive order unauthorized and misconstrue practice
rules to inhibit matters of the transfer of the estate and money involved. The district court and
appeals have avoid to choose or choose to avoid by a legal contraption insufficient to the
canon "with prejudice ". (citing) Ohio State Bar Ass'n. v. Jackel, 887N.E.2d 340 (Ohio 2008);
(citing) Columbus Bar Ass'n v. Willette, 884 N.E.2d 581 (Ohio2008) (citing)Cleveland Bar
Assn v. Sharp Estate Serv. Inc., 837 N.E.2d 1183 (Ohio2005) United States v Nixon
challenged as political imposters of the estate. A reversing magistrate under the judicial
microscope the above address this suit problem from a different angle.The original amnesia
remembers that reducing disparities among individuals who have committed the same quantum
of harmful activity was a primary goal of the "Guidelines ". (citing) In Re: Chun & Gilchrist,
supra note 17, at 36 "were created to ensure that economic crime was punished"
[A] reversing magistrate can reasonably foresee this lawsuit was afforded opportunity to reach
[a] bring to justice those who defraud by impervious powers office. In Re: Mayer, supra note
16, at 2. (citing) Profitt v FDIC, 200 F. 2d 855, 865 (D.C. Cir. 2000) (citing) Van Dyke v Bd.
Governors, 876 F. 2d 1377, 1379(8th Cir. 1989) "not judgment on the merits of the case based
on the information provided by the plaintiff. A reversing magistrate must redirect to re- decided
through exoneration due to the extreme circumstance would be appropriate to avoid
proliferation and erosion in the integrity of this lawsuit. " 18 USC 241.
(194)
(citing) Buther v Neustader, 324, F. 2d 783 (9th Cir. 1963) (citing) Schwab v Bullock's Inc., 508
F. 2d 353 (9th Cir. 1974) (citing) Falk v Allen, 739 F. 2d 461 (9th Cir. 1984) awaken inquiry with
direct diligence to the existence of injury an it cause "on whether the knowledge was known or is
knowable those issue usually reach a jury this litigation has not. (citing) O'Brien v Eli Lilly &
Co., 668 F. 2d 704, 711 (3`d Cir. 1981) (citing) Pocono , 503. Pa. 80, 84, 468 A.2d 468, 471
(1983) (citing) Vernau, 896 F. 2d at 46. To constitute duress by threats, the actor's manifestation
must be made for the purpose of coercing the other; must have for its object the securing of
undue advantage with respect to the other; must be of such a character that it is adapted to
overpower the will of the other and is reasonably adequate for the purpose; must in fact deprive
the other of free exercise of will; and must cause the other to act to his or her detriment. A
transfer is a concrete way to challenge the consistency and uniformity in resolving the conflict by
Plaintiff. (quoting)(citing) Kingslow v Treasury , 20009 -3030 (Fed. Cir) underlying facts in
this particular case. (citing) Rutkin v. United States, 343 U.S. 130 (1952). The executive order
is a case to abandon a case. This magistrate court has justification and sound grounds on the fruit
of entertain and aggravated merit involved in this litigation. (citing) 17 Op. Att'v Gen. 184, 187
(1881).
(195)
DISCRIMATORY DEFIANCE STIPULATES TO FURTHER
EXNONERATION WHERE DISPARITY IS AS AN AVOIDANCE
TOOL IN DETACHMENT OF ESTATE, TRUST AND BANK
PROTECTIONS IN LAW
"Equilibrium adjustments and neutrality in examination
accessed or entered the financial establishment with aversive measures"
Willful blindness verses Avoidance
The district court and appeals must be exonerative not avoiding to choose or by choosing the
more avoidance by an instilled legal contraption insufficient to the canon "with prejudice ".
(citing) Ohio State Bar Ass'n. v. Jackel, 887N.E.2d 340 (Ohio 2008); (citing)Columbus Bar
Ass'n v. Willette, 884 N.E.2d 581 (Ohio2008) (citing)Cleveland Bar Ass'n v. Sharp Estate
Serv. Inc., 837 N.E.2d 1183 (Ohi02005) Article III factors favor a possibly unethical exploitation
of pro se without any jurisprudence leniency.
(196)
The concept of deliberate ignorance (also referred to as "willful blindness" or "conscious
avoidance ") generally provides that "if [Respondents] has his suspicions aroused but then
deliberately omits to make further enquiries, because he wishes to remain in ignorance, he is
deemed to have knowledge." (citing) (quoting) United States v. Prather, 205 F.3d 1265, 1270
(11th Cir. 2000) (citing) (quoting) United States v. Rivera, 944 F.2d 1563, 1570 (11th Cir.
1991). This Western District Court of North Carolina an 4th Circuit Courts of Appeal should
generally recognize and apply actual accurate jurisprudence with a disparate impact analysis
under certain circumstances. The knowledge element of a fraud statute may be proved by
demonstrating deliberate ignorance due to present implementation executive order by the
Respondents. (citing) (quoting) United States v. Epstein, 426 F.3d 431, 440- 41(lst Cir. 2005)
`traditionally liable' The Respondents are using their powers in an illicit imposition. (quoting)
(citing) United States v Blum, 858 F.2d 1566, 1570 (Fed. Cir. 1988) "extending liability to
Respondents in this case achieves the public policy legislative intent. "Although not susceptible
to precise definition, `clear and convincing' evidence has been described as evidence which
produces in the mind of the trier of fact 'an abiding conviction that the truth of [the]factual
contentions and particular allegation are "highly probable to sustain through the requested or by
[a] adequate 4th Circuit re- analyzation. 18 USC 1512(c) The Western District Court of North
Carolina and 4th Circuit Court of Appeals record need not contain direct evidence. the
Respondents executive order and the present court order may be accurate deemed deliberately
avoidance where is sufficient knowledge of wrongdoing. Moreover, the probate law accordance
should not be detached nor avoidance from applications of actual justice all that is impressive
enough for exoneration before a jury, whereas could infer and understand deliberate avoidance of
knowledge." United States v. Whittington, 26 F.3d 456, 463 (4th Cir.1994) (citing) United
States v Swindall, 971 F. 2d 1531 (11th Cir. 1992) In Re: Swindall, 971 F. 2d 1531 at 33.
The magistrate should not be persuaded by executive order nor by the orders of the district judge
that are withholding access estate and money deposits lawfully belonging to the Plaintiff.
The dismissal and close is not the proper remedy because the narrative court is and was facially valid in
presentation or underlying submitted by the Plaintiff on the original complaint date.
In Re:Swindall, 971 F. 2d 1531 at 68 what else will lie where there is probate, estate, trust and
fiduciary law should more truer in the original opinion by this district court and en banc court in
appeal. "unique and specific knowledge" should and discuss exoneration more pursuant on
statutory grounds. 18 USC 1512(c) (citing)United States v O'Grady, 742 F. 2d at 687.
The court record itself is the required proof that deterrence is not or did not occur. Whereas,
matters in this case in the district court and en banc orders are unjustly present [a] stipulating
invalidity and [a] objective reason just to constitutionally realign or reanastomosis actual justice
where fiduciary and probate law axiom not considered was or is a judicial error that rendered a critical
upside down litigation 18 USC 241. Known jurisprudence of egregious, adverse and arbitrary estate
matter was avoided as this case set before the magistrate.( citing)United States v Kenny, 462 F. 2d
1205, 1229, cert. denied 409 U.S. 914 (1972). The district court and appeals must be exonerative
not avoiding to choose or by choosing the more avoidance by an instilled legal contraption
insufficient to the canon "with prejudice ". (citing) Ohio State Bar Ass'n. v. Jackel, 887N.E.2d
340 (Ohio 2008); (citing)Columbus Bar Ass'n v. Willette, 884 N.E.2d 581 (Ohi02008)
(citing) Cleveland Bar Ass'n v. Sharp Estate Sere_._ Inc., 837 N.E.2d 1183 (Ohio2005)
Article III factors favor a possibly unethical exploitation of pro se without any jurisprudence leniency.
18 USC 1512(c) "Modus operandi " dismal action of this district court and Respondents
executive order are untoward independent domination that sever justice in law creating the
opportunity not to absolve from [a] traceable estate loss. 18 USC 880 The combined
administrative imposition creates [a] myth of property "disseized 1. Relevant to eligibility; for
relief in transferring this litigation due to detached justice in administrative accordance of
probate estate, trust, fiduciary and bank law. (citing) United States v Green, 786 F. 2d. 247,
249 -57 (7th Cir. 1986) The executive order implementation is a political device induced
unreasonable key imposition to grease the wheels of and shield this entire matter from diligent
processes of prosecution. The inactive orders are erroneous judicial error and avoid [a]
traditional focus in frivolous opinionated is overly broad myth that have omitted unheard
important elementary components in the issue. (citing)(quoting)Guillen v City of Chicago, 956
F. Supp. 1416, 1424 (N.D. Ill. 1997) (citing) State ex rel. Okla. Bar Ass'n v Giger, 37 P. 3d
856, 864 (Okla. 2001). Moreover, where a connection to the estate and money accounts is
prevailing factor favoring the Plaintiff. 18 USC 1512(c) the Respondents are overreaching
creating an unqualified procurement opportunity the entire suit submitted to both Western
District of North Carolina and 4th Circuit Court of Appeals has "liberal intrinsic values of
legitimacy ". The original review did not properly consider the facts. (quoting)(citing) Olde
Prairie Block Owner, LLC, 457 B.R. 692, 701 (Bankr. N.D. Ill. 2011) .(citing) Plessy v.
Ferguson, 163 U.S. 537 (1896). (citing) Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004)
The district court order and executive order of Respondents has or will in continuum cause an
adverse impact fundamentally altering the balance of power between Plaintiff and Respondents.
Federal Rule of Evidence Rule 902. This motion of transfer is concrete matters of way as this
individual cases comes within the reach of the federal statutes. (citing) I Villa, supra note 16, §
1.01, at 1 -3 n.5. The estate in fiduciary goverance law have not changed therefore it to the
obvious question for more administrative exhaustion remedies in which detachment of justice
in the difference de novo "decisions applying disparate impact analysis due to deliberately
discriminatory motives ". (citing)(quoting) Waston v Fort Worth Bank and Trust, 487 U.S.
977 1988 "were created to ensure that economic crime was punished. (citing) Kingslow v
Treasury, 20009 -3030 (Fed. Cir) [A] reversing magistrate can reasonably foresee this lawsuit
was afforded opportunity to reach [a] bring to justice those who defraud by impervious powers
office. [United States v Nixon] In Re: Mayer, supra note 16, at 2.
(197)
Exonerating Factors That Deter Possibility of Further Judicial Error
"Causative barriers to conflict resolution that where negated
in the original preliminary judgment"
United States v Johnson, 383 U.S. 169 (1966) "not because there is fraud, but because there
may be fraud." (citing) (quoting) Piatt v. Longworth's Devisees, 27 Ohio St. 159, 195 -96
(1875). The executive order implemented by the Respondents and in so great the prejudice are
unyielding to forbidden conflicts of interest in estate matters set forth as a legitimate transaction
that are disburse to the beneficiary heir a Plaintiff. The case as it sets is developing and re-
committing with a narrower remedial action necessary for affirmative civil action against the
Respondents.(citing) Plessy v. Ferguson,_ 163 U.S. 537 (1896). The district court order and
executive order of Respondents has or will in continuum cause an adverse impact fundamentally
altering the balance of power between Plaintiff and Respondents. "Malice of Men" contributes to the
inconsistency that are unyielding a common law. Younger v Harris The Respondents executive
order, district court order and en banc order detach justice in a duress minas and
unreasonable retentive matter. The issue is political charged that must be exonerated and
venality of impropriety deaden where actor as Respondents are sophisticated and complex.
A transfer is a concrete way to challenge the consistency and uniformity in resolving the conflict
adversely affecting the Plaintiff. unconstitutionally allowing and is encouraging upside down
unjust outcomes "Judge Says" in the present courts orders and executive order "Loss in
Scheme" is slander knowing or suspicious present a un- unique species of malicious duress the
Respondents. In Re: Mayer, supra note 16, at 2. The issue present dangers opportunity for loss
and there is [a] legitimate axiom political pecuniary harm. The conflict of interest is a evil zeal
and reckless indifference of avoidance or tortuous spoliation of beneficiary inheritance
expectancy that must imperatively be afforded exoneration opportunity to absolve before a jury.
(198)
Exoneratinz Factors That Deter Possibility of Further Judicial Error
Jones v Jones, 234 US 615 (1941) This requested motion for transfer has amicable and
affirmative grounds dually focuses to guard the slanderous and malicious natures encompassed
in this suit materiality. " Dual Focused Pertinency" is sufficient to the material elements in the
issue on elementary administrative principle of law legitimate in asset protection. Probable
cause nullify the arbitrary action asserted against the Plaintiff (citing)Korematsu v United
States, 323 U.S. 214 (1944) Moreover where the Plaintiff rights do not stop due orders that
attempt detach, spiral down or strike down untoward consideration of constitutional amendments
involved. Keech v Sandford, 2 Eq. Cas. Ab. 741, Cas. Ch. 61, 25 Eng. Rep. 223 (1726).
The combination of executive order and is so great the prejudice will "unconstitutionally
disseised by slander." "To dispossess unlawfully, unreasonably procure or unreasonably
retain of real estate property by political malfeasance means", [A] magistrate's opinion
would justify and enable this motions methods of an exoneration absolving through diligent
transfer; in difference of factors that favor Plaintiff's efforts for a de novo imperatively.
(199)
18 USC 1512 (c) This motion is an exonerating task imperative to reveal unfavorable
information criminality projected away from the Respondent seeing the legal incoherence
preexisting make this case criminality visible as it sets before the magistrate court.
(citing) In Re: Schlag, supra note 3, at 1218. (citing) In Re: cf. WILLIAMS, supra note 2, at 61
The district court and en banc previous decisions is suppressive and oppressive in which justice
was diffused. There is imperative need for Article III critical realignment in the Court's
constitutional decision making that must strike and exonerate all assumptions in the entire
original complaint and entire petitions. [Plessy v Ferguson] (quoting)(citing) United States v.
Kumar, CR -04 -864 (E.D.N.Y. Nov. 2, 2006). The orders should voided knowing that those
orders will have impairing access to this circuit's court in so great the prejudice stipulates a
realigned leniency in which the Western District Court of North Carolina and 4th Circuit Court
of Appeals has departed from the 9a' Amendment issue that "shock[ed] the conscience of th[e]
[c]ourt. The preliminary assessment review disregarded and proliferate an estate matter.
In Re: Mayer, supra note 16, at 2. ( quoting)(citing) Newsome v Treasury, 2009- 30199(Fed.
Cir.) ( quoting)(citing) United States v Graham, 275 F. 3d 490 560, 516 (6th. Cir. 2002)
( quoting)(citing) Watson v. Fort Worth Bank & Trust, 487 U.S. 977 (1988). In Re: Watson at
985 -91 (disparate impact doctrine prohibits facially neutral practices that operate 'functionally
equivalent" to intentional discrimination) (disparate impact doctrine focuses on the effect of
facially neutral practices, not on the intent )(quoting)(citing)Connecticut v. Teal, 457 U.S. 440,
458 -59 (1982) (Powell, J., dissenting) (disparate impact doctrine focuses on ultimate impact on
protected group to raise inference of discrimination against individual group members)
implemented standards for disparate impact in this case must be consistent with constitutional
standards. Moreover, the original amnesia in the examination. The practicing activities within a
financial institution are inconsistent preliminary interpretations in which discriminative an author by a
political species of duress. Marbury v Madison (quoting)(citing) Loumiet v Office of the
Comptroller, No. 10 -1288 (D.C. Cir. 2011) Younger v Harris discriminatory defiance is
causing a specific conflict interest in matters of the US Treasury. Kinglow v Treasury
( quoting)(citing) Watson v. Fort Worth Bank & Trust, 487 U.S. 977 (1988) compels all
requesting action in the guidepost accurately "impact the docket with justice" due to issues
breaking fiduciary and trust administrative law. ( quoting)(citing) Anchorbank v Hofer 3:09 -cv-
00610 -sle at 13 ( Western District of Wisconsin 2010) the Respondents are clearly encouraging
arbitrary situational scheme in disguise in which there was not an investigation within financial
institution that neither federal question either Respondents to answer in a court under oath.
18 USC 1512(c) The original complaint and petition should be related to initial circumstance or
allegation is sufficient in the difference of de novo. A consolidated interpretation of usual
unusual duress in the matter is sufficient perquisite that any principal values or principle balance
should not incurred any abnormal nature of assertion. It must should reasonable arbitrary
jurisprudence understanding that fraud within disparity will lie "state with particularity the
circumstances constituting fraud. Mercer v Lence the original petitioning complaints and
motions for new trial should have been accepted and renewed.(quoting)(citing) Anchorbank v
Hofer 3:09 -cv- 00610 -slc at 13 (Western District of Wisconsin 2010) (quoting)(citing)Cobell v
Norton, No. 03 -5314 (D.C. Cir. 2004) the orders should be stricken due to first impression of
other pertinent torts that must imperatively absolve. 18 USC 1512 (c) exonerating factors
imperatively do not favor the Respondents due to the US Treasury regulations that where
overlooked as error in the entire original complaint.(citing)Anchorbank v Hofer 3:09 -cv-
00610 -slc at 13 (Western District of Wisconsin 2010) (quoting)(citing)United States v.
Henderson, 243 F.3d 1168, 1170 (9th Cir. 2001).The magistrate court should not ignore the
sounds of fraud nor not ignore executive orders that are suggestive inference and obviously
overreaching outside banking guidelines causing the Plaintiff dangers of pecuniary harm
disregarding the banking protection holistically. It is so great the to to strike and ignore the acts
of Respondent where is money and estate obvious to be found by a with political impropriety
(quoting) Swindall [at] 2)(citing)(quoting) United States v Swindall, 971 F. 2d 1531 (11th Cir.
1992)(quoting) Swindall Id at 33). The executive order controversy and the district court has
compounded sufficient in non - exonerating understanding that the Respondents have clear intent
to disregard and obstruct with deception. 66 Central Law Journal 240 Vol. 12 (1908) As a
reasonable reliance there is a constitutional bit of tort by deception. (quoting)(citing) United
States v Tweel, 550 F.2d 297 at 36 (5th Cir. 1997)
(200)
Article III factors case and controversy is respectfully considered the risk of irritating the judge
without judicial mischief; if their failure to disclose crucial negative information impairs the
quality of the judge's decision. [T]he nature of preliminary judgments could also feed back into
the possibility of judicial error. (citing) Mercer v Lence, 96 F. 2d 122 (1938) tendency to give
insufficient weight to information supplied by someone the Respondents may dislike in so great
the politically charged is impairing the judgment in the elements of materiality where money
and land is the subject in probable motivation of cause presenting as this as it sets.
Watkins v United States [ Lee Ross & Constance Stillinger, Barriers to Conflict Resolution, 7
NEGOTIATION J. 389, 394 -95 (1991)] In so great the overreaching political prejudice
perspective dynamics of this case suffer undue impairment informative course of action.
Moreover, the previous orders must be overthrown and imperatively voided. The previous
preliminary review present judicial errors of arbitrary many tiaras that are eroding, deteriorating,
and proliferating estate, fiduciary, bank and trust law. The previous order are erroneous and
where "not judgment on the merits of the case based on the information provided by the
Plaintiff." 18 USC 1512(c) it would be only on the grounds where the Western District of North
Carolina and 4th Circuit Court of Appeals assessment of the complaint and petition record was
clearly erroneous. (quoting)(citing) Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 242 (1937)
(federal courts have no power to issue opinions based on hypothetical facts, but may adjudicate
present rights based upon facts established in this litigation). In which case the previous
judgment would be vacated and this case would proceed according to ordinary rules of procedure
for a more direct, honest, and systematic approach to practices which until now have been
employed in less transparent ways. Article I methods of exoneration answer to federal questions
on a fundamental tradeoff between liberty and equality.
(201)
18 USC 1001 METHOD OF EXONERAITNG
UNITED STATES V. NIXON versus UNITED STATES V. HAMMEN
"INVISIBLE FICTIOUS MONEY AND PROPERTY IS NOT FRIVILOUS"
Prevailing Interpretation 28 USC 2404(c) "Where it May Be Brought"
In The Magistrate Interest Difference To De Novo "Resisting Transfer"
18 USC 1512(C) "Filling by exoneration the procedural vulnerabilities in matter of the law ".
(quoting) Ragland, supra note 36, at 172 -75 In other consideration before the honorable
magistrate underlying petition and complaint has intrinsic value to probative factors or is a
probable originating traceable connection with an absconding transaction of estate property and
money accounts belonging to beneficiary heir as Plaintiff.. This court orders and the
Respondents executive orders are arbitrarily forbidden by civil statutes by bank or US Treasury
internal policies (quoting)(citing) United States v. Cordell, 912 F.2d 769, 777 (5th Cir. 9901
pre- imposition of violation of regulation allowed to show responsibility for "shifting funds ")
(quoting)(citing) United States y. McElroy, 910 F.2d 1016, 1023 -24 (2d Cir. 1990) numerus
clausus doctrine in more detail, it may be useful to reflect retro- activating this entire suit's original
complaint as well as petition on the distinction between the object of a property right and the legal
relation constituting the rights /duties between subjects in regard to such an object. (citing) Virenda
Rajput v City Trading, No. 10 -15405 D.C. Docket No. 1:10 -cv- 21654(11 ' Cir. 2012)
Matters be the magistrate in the sound advancement in the law of property susceptible of possession
or disposition. Article I factor favor the Plaintiff where matter of money and property is controversy
benefit even as `fictional currency" of principal said and estate property said in subject matter.
The Plaintiff has jurisdiction to absolve from the consequences attached to a certain group of facts,
and, by implication, that the factsare true of him as they were presented as they set before on the
court record. In Re: Chun & Gilchrist, supra note 17, at 36 "were created to ensure that
economic crime was punished. [A] reversing magistrate can reasonably foresee this lawsuit was
afforded opportunity to reach [a] bring to justice those who defraud by impervious powers office.
(citing) In Re: Mayer, supra note 16, at 2.
(202)
[ US v Tweel] The court order and executive order is misleading invisibility and original amnesia
versus distorted legal thinking "humerus clausus" exist in tangible, or "real" assets exist
intrinsic value `virtual land' stored. The combination of executive order and court order is
avoidance of a banking issue. Moreover, the complaint is real and legitimate that speaks the
Respondents are manifesting opportunity of to not transfer real accounts and not transfer real
estate property. (citing) Burchinal v United States, 342, F. 2d 982 (10t' Cir. 1965) this cause of
action was aimed at dismal inaction by an assumption of frivolousness it was obvious to the
question there is conflict and problem. The order of the court and executive is not engaging the
issue of procurement and transfer is there for committing also a underlying crime where the
Respondents are knowing exceeding parameter overreaching the Ninth Amendment taking an
assuming advantage of invisibility factors. (citing) United States v Tillem, 906, F. 2d 814, 821
(2d Cir. 1990) The orders and inaction of Western District of North Carolina and 4th Circuit of
Appeals are making matter worse and is causing erosion of substantive truth in law where the
district court should correct or transfer this case due to fact the judicial errors are technical and
not obvious in which Respondents are probable to shift funds due lack or process in assertion of
executive orders. (citing) United States v Leon, 468, U.S. 897, 900 (1984) (citing) United States
v Raddatz, 447 U.S. 667, 681 (1980) (citing) United States v Riccardelli, 998 F. 2d 8, 12 (1St Cir.
1993) (citing) Lo -Ji v New York, 442 U.S. (1979) myth of estate property and money accounts is
not frivolous in application of actual justice in the previous orders are the arbitrary imposition
detaching to avoid the diligence of the actual process in recovery of those said beneficiary asset.
18 USC 1512(c) Increases the intrinsic factual value of legitimacy underlying complaining
matter. [ Hilton v Guyot ] only property that could be lost and found, i.e. tangible property,
could be converted question that has vexed the Western District of North Carolina and 4th
Circuit Court of Appeals en banc court. 18 USC 1001 the magistrate should make(citing) the
original amnesia in the exoneration striking and voiding all orders. (quoting)(citing) United
States v Burkhalter, 1991 U.S. App. LEXIS 29282 (10th Cir. 1991) (citing) In Re: Eros
Settlement, supra note 20, at 1. the court entered a judgment in factors that should favored the
Plaintiff. 28 USC 2072(b) defining rights are describe in a disputes where are several alleged
several causes of action in exoneration that will assist diligent interpretation in ambiguous
estate property. (quoting)In Re: Bragg Complaint, supra note 18, at 8 -11, 15 -16 "Exonerating
things are not always as they seem in property law ". The court order are arbitrary and
executive order is silent evasion court suggestion that is politically charged detachment of the
justice in common property issue. The Plaintiff defining rights are describe in a disputes where
are several issue are and were alleged in relation back in the complaint and petition is or was a
distinguished property right irrelevant material manifestation in the eyes or ease proof
(quoting)In Re: Bragg Complaint, supra note 18, at 13. (quoting)(citing)Kremen v. Cohen, 337
F.3d 1024,1030 -34 (9th Cir. 20031 (holding that a domain name could be converted because it
was merged in a document, the domain name system) (quoting)(citing) Thyroff v. Nationwide
Mut. Ins. Co., 864 N.E.2d 1272, 1278 (N.Y. 2007) (holding that conversion applies to
electronic business records because "it generally is not the physical nature of a document that
determines its worth, it is the information memorialized in the document that has intrinsic
value ") The prevailing interpretation in difference de novo the district court on needed to initially
to be aware and alerted there is a overreaching duress minas problem where money and was the
actual underlying dispute or controversy in the court general knowledge said Respondents are
impairing as attempt to defeat lawful function. (citing)Haas v Henkel, 216 U.S. 462, 479 (1910)
(citing)United States v Woll, 157 F. Supp. 704, 708 -09 (E.D. Pa 1957) (citing)United States v
Tillmen, 906 F. 2d 814, 821 (1990) factors that favor the Plaintiff as order implemented by the
district court and en banc court did not deter and curb insider abuses by impervious powers of
office 18 USC 1512(c). Knowing existence of orders that maybe unreasonable retention is
sufficient raise to an obvious question choosing to retro- address or transfer this litigation
imperatively to District of Columbia Circuit. (citing) Cobell v Norton, No. 03 -5314 (D.C. Cir.
2004) "not because there is fraud, but because there may be fraud". (quoting) Piatt v.
Lonsworth's Devisees, 27 Ohio St. 159, 195 -96 (1875). `forbidding conflicts of interest". There
is no validity present district court orders and appeals prejudicing with frivolous; where disparity
will lie against known facts of fact fraudulent activity described affirmative and casual
connection on a court complaint and petition.(citing)(quoting) United States v Hammen, 977,
F. 2d 379 (7th Cir 1992) 18 USC 1512(c) This motion for transfer sufficient to vacate all orders
imperatively pursuant against key political figure who are in position to grease the wheels of
fraud and undo to be shielded from prosecution remedial action necessary for affirmative civil
action against the Respondents.(citing) (quoting) Shapiro v. Secretary of State, 499 F.2d 527, 531
(D.C. Cir. 1974), aff d, 424 U.S. 614(1976) (quoting)(citing) Plaster v. United States, 720 F.2d
340, 349 (4th Cir. 1983). In Re: Halberstam, 705 F.2d at 478.
(203)
. (citing) 17 Op. Att'v Gen. 184, 187 (1881). Exonerating and relating matters back where
estate and money disseised by overreaching executive order is interference liable to dispose
unlawfully where disparity will lie, in the imposition "with prejudice" court order. United
States v Tillmen, 906 F. 2d 814, 821 (2nd Cir. 1990) United States v Pledge, No. 01 -4624,
WL 31689434, at 1 (4th Cir. 2002) underlying facts in this particular case. (citing) Rutkin v.
United States, 343 U.S. 130 (1952). The executive order is a case to abandon a case. This
magistrate court has justification and sound grounds on the fruit of entertain and aggravated
merit involved in this litigation to intervene practice of unreasonable retention aw well as
spoliation malfeasance. In Re: Mapp v Ohio
(204)
The underlying issue are compel in relations casual and affirmative connnections back in the
interest of justice. (citing) [ Complaint at 2, AM v. Holder, No. 11 -CV- 00460, 2011 WL
726346 (D.D.C. Mar. 2, 2011) ] "has been understood to protect the citizen against an
unjustified breach of his or her rights of property, autonomy, and privacy by requiring that agents
of the government overcome certain procedural hurdles before seizing or searching the citizen or
his or her property" [United States v Veal] resisting the transfer make more truer of executive
order are capable to slander the litigation and spoil matter of estate in which the Plaintiff rights
should not have stopped in original review did detach abandon the justice prematurely untoward
fiduciary and trust law. 18 USC 1512(c) [Younger v Harris] "Affirmative Link versus Casual
Link" that are exceeding constitutional constraints. The executive orders and orders of the 4th
Circuit are politically charged in defiance against the Plaintiff an innocent estate beneficiary.
(citing)(quoting) Means v. City of Chicago, 535 F. Sump. 455 (N.D. Ill. 1982). Watkins v
United States. Loumiet v Office of the Comptroller, No. 10 -1288 (D.C. Cir. 2011) Cobell v
Norton, No. 03 -5314 (D.C. Cir. 2004) (quoting) Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011)
(quoting) In re Marshall, 275 B.R. 5, 50 -51 (C.D. Cal. 2002) . The existing prejudice orders
are requested to rescinded imperatively to protect assure that the hearing magistrate judge
exercises his independent judgment on the evidence as the court records states; merit of the facts
as they set before him, free from political pressures by the parties or other officials within the
agency. "(citing)United States v Mazzei, 521 F. 2d 639 (3rd Cir. ) (en banc) cert. denied 96 S.
Ct. 446 (1975 The case as it sets is developing and re- committing with a narrower remedial action
necessary for affirmative civil action against the Respondents.
(205)
In Re: Halberstam, 705 F.2d at 478. American Law of Property § 14.3, at 562 (1952). A
reversing magistrate in reliance on the district court's jurisdiction should deemed violated of
due process and void that create as well as assist the predicaments of legal contraption of
pecuniary harm. Jones v Jones, 234 US 615 (1941)Committee on Administration of Property of
Infants, Incompetents and Missing Persons, Report, 102 Trust and Estate 908 (1963). protecting
the estate from wrongful dissolution of estate enactment of remedial legislative intent. As duty
calls to attempt to deal with this issue. (citing) Honest Services Restoration Act, H.R. 1468,
112th Cong. § 1346A (2011) The executive order encourages misfeasance, wanton and
capricious conduct. The executive order should not make ways and means of a future diversion
of estate assets. Oneida Indian Nation v County of Oneida, 414 U.S. 661 (1974)
(206)
In Re: Halberstam, 705 F.2d at 478. In the Difference de novo [a] independent magistrate is
amicable to make an exonerating attempt to provide statutory relief authority on the judiciary's
power, apart from statute, to act for the purpose of conserving and protecting the property of the
Plaintiff. "In Matter of Probate Law" is without not amnesia nor is estate law unconscious
(citing)Webster v. Franklin County Trust Co., 313 Mass. 401, 47 N.E.2d 934 (1943), 18 USC
1512(c)Courts are courts of record and should therefore have the power to pass upon the
questions of fact which determine whether they have jurisdiction. If a court is possessed of this
power, it would follow that an erroneous determination should not void the entire judgment
ab initio. Where it may be brought resisting the de novo is probable without objective
reasonableness. United States v Tarnpool, 561 F. 2d 466, 476 (3`d Cir. 1977) United States v
Goodwin, 455 F. 2d 710, 714 (10th Cir.) cent. denied, 409 U.S. 859(1972) United States v
Driscoll, 449 F. 2d 897 n.3 (1St Cir. 1971)Respondents are impairing as attempt to defeat lawful
function. (citing)Haas v Henkel, 216 U.S. 462, 479 (1910) (citing)United States v Woll, 157 F.
Supp. 704, 708 -09 (E.D. Pa 1957) (citing)United States v Tillmen, 906 F. 2d 814, 821 (1990)
factors that favor the Plaintiff as order implemented by the district court and en banc court did
not deter and curb insider abuses by impervious powers of office 18 USC 1512(c).protected the
interests to administer the estates to rightful and lawful plaintiff the statutes have generally been
upheld (citing)Blinn v. Nelson, 222 U.S. 1 (1911) The Plaintiff has justified constitutional
grounds to take possession of the property on the material issue (citing) Hanley v. Wadleigh, 88
N.H. 174,186 At. 505 (1936), the court held that the administrator could not take property.
(207)
Article I factors favor the Plaintiff where the rights do not stop where matter war against the
constitutional statues of liberties and assets in fundament law of the land. A magistrate in the
difference opinion the compounding totality of executive order and with prejudice order original
would make it possible to recover estate property, money accounts joined in the said of Estate
of Washington, George; Mt. Vernon, Virginia. "Susceptible in the difference, to absolve from
potential evil arbitrary axioms of practice that grease imposition and the wheels that may defraud
thefts within [a] jurisprudence nation." (citing) Keech v. Sandford, 2 Eq. Cas. Ab. 741, Cas.
Ch. 61, 25 Eng. Rep. 223 (1726). Magna Charta Ch. 39 (1215) not to disseised land by ways of
exaction in political ordering any influence in the 4t' Circuit of Appeals and Western District of
North Carolina. Korematsu v United States in this matter requires more truer prevailing
interpretation in diligent due processes favoring the Plaintiff in its difficulties that must
imperatively sue on the adjustments to the stipulating technicalities.(citing) United States v
Leon, 468 U.S. 897, 900 (1984) (citing) Federal Courts Improvement Act of 2000, Pub. L.
No. 106 -518, & 202,114 Stat. 2410, 2413 endorsed minority position indifference of opinion by
a magistrate where there are unconstitutional issues wrongful sanctions. (citing) United States
v Wilkes, No. 08 -50063 D.C. No. Cr. 00330 - LAB- OPINION(9t" Cir. 2011) reach an opposite
conclusion. "stating" there should be no retaliation for making the right constitutional decision.
(quoting) Judicial Transparency and Ethics Enhancement Act of 2005 Magna Charta Ch. 39
(1215) not to disseised law by ways of exaction. (quoting)(citing) Olde Prairie Block Owner,
LLC, 457 B.R. 692, 701 (Bankr. N.D. Ill. 2011) Article III "all powers ignored in the
inexorable drive towards increased judicial management." Id. § 636(c)(4) "all powers to discern
the specific ingredients in the species of duress and recover estates assets for the Plaintiff."
In Re: Leon, 468 U.S. 897, 900 (1984)(citing)Mayer, supra note 16, at 2.
(208)
METHOD OF EXONERAITNG
UNITED STATES V. NIXON versus UNITED STATES V. HAMMEN
"INVISIBLE FICTIOUS MONEY AND PROPERTY IS NOT FRIVILOUS"
Obiective Perspective in Obiective Reasonableness In Difference To Dicta Collapse The Fraud
17 Op. Att'y Gen. 184, 187 (1881). Exonerating and relating matters back 18 USC 1512.
amicable on numerous of points of law that recanting present and previous orders where the
elementary administrative law process warrants a new reanalyzing inquiry. Those visible and
invisible administrative defects in which sounds and storms conspicuous sufficient enough for a
adjusting jury would distinguish the disbursement and transfer. The compounded of torts that is
causing distress and duress in sufficient to vacate all orders immediately. The natures of issue as
a whole speaks failing to pursue action is increasing and is affirmative grounds of the central
element of proximate caused "misdirection inferred" in the entire underlying complaint and
petition. "With Prejudice" and executive order knowing will fail [a] US Treasury Regulation and
will fail [a] statue inter alia. (citing)(quoting)Manson v STACESCU, 11 F. 3d 1127, No. 338
Docket 93 -7417 (2nd Cir. 1993) collapse the known fraudulent duress natures of this case
untoward frivolous assumption. "Ethic of equal of justice" erred in this case initially failing to
apply "disparate impact everyday criminal justice" analysis factor that favor the Plaintiff. With
Prejudice and executive orders implemented by the Respondents in conclusion to [a] frivolous
disposition is critically technical avoidance. Reductio ad absurdum the executive order and
compound this circuit order circumvent with unconstitutional vagueness. (citing) 1 L. Janson,
supra note 16, & 51 The executive order clouds torts in wrongful undue prejudice that was to
assure the abolishment of a financial fiduciary connection. Moreover, blind in advertence is also
so great to assist the consuming prejudice wrongfully creating opportunities for exaction.
The Respondents executive order in concert are omissions of right and distorted information that
begins of actual prejudice intensifying unreasonable retention or positional duress.
(quoting) In Re: 1 L. Jayson, supra note 16, § 51 ( citing)(quoting) Terry v Ohio, 392 U.S. 1,
30- 31(1968) "circumventing the constitutional statutory regulations diligent to disburse and
purse where avoided on [a] probable cause knowing the executive could or would preempt the
present disposition of the case, " aborting the Plaintiff rightly enabling ability to sue against the
Respondents overreaching retention. (citing)(quoting) Terry v Ohio, 392 U.S. 1, 30- 31(1968)
"with prejudice" and executive orders that unreasonably is not [a] any way [a] (subsumed,
frivolous or mooted retreat from wealth based equal asset protection in law favoring [a]
Plaintiff) In Re: Skilling v United States, 130 S. Ct. 2896, 2931 (2010) stipulating objective
perspective in the resistance and avoidance hold intrinsic value of underlying matter as it sets.
[ Skilling United States] the order of this court should be deemed void before magistrate judge in
unconstitutional vagueness and are erroneous judicial error. § 1346 cases. The executive order
should not make ways and means of a future diversion of estate assets. (citing) Oneida Indian
Nation v County of Oneida, 414 U.S. 661 (1974) (quoting)(citing)Monogahela Navigation Co.
v United States, 148 U.S. 312, 326 (1893)The Respondents holistically are overreaching with a
distorted criterion that is also implied aggravating distanced retention by allowing also
"with prejudice" order this circuits courts. (citing)United States v Tillmen, 906 F. 2d 814, 821
1( 990) (quoting) Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011) (citing) In re Marshall, 275
B.R. 5, 50 -51 (C.D. Cal. 2002) "actio libera in causa" (citing)United States v Nixon, 418 U.S.
683 (1974) . "If had destroyed the power judges destroy, the powers of [a] reversing magistrate
judge would make a re- analyzed consistent final adjudication for good [a]causes of constitutional
factors "; give raise of speculation that favor Plaintiff /Pro Se. "Actual fraud would imperatively
transfer the venue of this case for statutory advancement, would not be ruled out whereby a
reasonable inquiry would purge" (quoting)(citing) Olde Prairie Block Owner, LLC, 457 B.R.
692, 701 (Bankr. N.D. Ill. 2011) [Terry v Ohio] disparity will lie.
(209)
"White- Collar Crime Penalty Act 2002"
United States v Nixon versus United States v Hammen
Sophisticated Actors Requires Interpreting [A] Sophisticated Resistance
Objective Perspective in Objective Reasonableness In Difference To Dicta Collapse The Fraud
In Re: Magna Charta Ch. 39 (1215) not to disseised land by ways of exaction in any political
ordering influence is making an opportunity to slander and erode this entire suit. [ Korematsu v
United States] detailed bureaucratic and documentary proof of pattern or prejudice that should
not conceivably deny to deaden or nullify the arbitrary action against the Plaintiff.
18 USC 1512(c) insuperable prima facie in the underlying matter as this suit sets in [a]
compelling legal error did not deter any avoidance nor did not attempt to collapse any means of
a potential opportunity in fraud. Moreover, there was not in any attempting exhaustion diligent
proper pursuit of recovery said estate and money account for the Plaintiff. United States v.
Armstrong, 517 U.S. 456 (1996). discrimination was purposeful. In Re: Armstrong Id. at 465.
"blind eye to the arbitrary consequences of its actions" Magna Charta Ch. 39 (1215) (citing)
Zadwdas v. Davis, 533 U.S. 678, 696 (2001) (noting that the Court uses a standard of
"heightened deference to the judgments of the political branches with respect to matters ")
(citing) Ansari y. State, 913 So. 2d 834 (La. 2005) (denying an emergency motion to open court)
arguably technical mens rea terms. imperatively sue on the adjustments to the stipulating
technicalities.(citing) United States v Leon, 468 U.S. 897, 900 (1984) (citing)Morissette v.
United States, 342 U.S. 246 (1952 (holding that, in crime of theft of government property,
government must prove that defendant was aware that property had not been abandoned by
owner).The Respondents are unqualified to procure, wrongful to excite into effect any modalities
or that ill -will into end justice as an exaction. (quoting) Cent. Bank of Denver v. First Interstate
Bank of Denver, 511 U.S. 164, 181 (1994) "Criminal liability for aiding and abetting constitutes
an ancient doctrine of criminal law." (quoting) Int'l Invest. Trust v. Cornfield, 619 F.2d 909, 922
& n.15 (2d Cir. 1980) ( "[A] person who assists a tortious act may be liable for other reasonably
foreseeable acts done in connection with it." The previous review in the district court and en
bane where wrong.
(210)
"White- Collar Crime Penalty Act 2002"
United States v Nixon versus United States v Hammen
Sophisticated Actors Requires Interpreting [A] Sophisticated Resistance
Objective Perspective in Objective Reasonableness In Difference To Dicta Collapse The Fraud
United States v Nixon 18 USC 1512(c) American Law of Property § 14.3, at 562 (1952).
A reversing magistrate in reliance on the district court's jurisdiction should deemed violated of
due process and void that create as well as assist the predicaments of legal contraption.
Kingslow v Treasury There is no validity present district court orders and appeals prejudicing
with frivolous; where disparity will lie against known facts of fact fraudulent activity described
affirmative and casual connection on a court complaint and petition. (quoting) United States v
Hammen, 977, F. 2d 379 (7th Cir 1992) 18 USC 1512(c) This motion for transfer sufficient to
vacate all orders imperatively. Terry v Ohio The overacts and torts need to absolve for wanton,
capricious and unreasonable detention by implied objective reasonableness like to recover or
transact into the possession to the Plaintiff with appropriate diligence. (citing) RTC v Walde, 18
F.3d 943 (D.C. Cir. 1994). (citing) Loumiet v Office of the Comptroller, No. 10 -1288 (D.C. Cir.
2011) (citing) Ansari v. State, 913 So. 2d 834 (La. 2005) (denying an emergency motion to
open court) arguably technical mens rea terms imperatively sue on the adjustments of known
stipulating technicalities. In Re: Leon, 468 U.S. 897, 900 (1984) Factors favor in difference to
apply "disparate impact" analysis. Magna Charta Ch. 39 (1215) not to disseised land by ways of
exaction. (citing) Keech v. Sandford, 2 Eq. Cas. Ab. 741, Cas. Ch. 61, 25 Eng. Rep. 223 (1726)
Mayer, supra note 16, at 2 The orders of this district and executive order is prolific interference
undermines in so great the prejudice. (citing) United States v Hammen, 977, F. 2d 379 (71h Cir
1992) 18 USC 1512(c) intrinsic value of visible pattern on record of the prejudice that obstructs
and is probable to proliferation make [a] way for undue exaction. Tweel, 550 F.2d 297 at 24
The district court is wrong and the Respondents are wrong "everyday justice" blind eye to
arbitrary consequences of slander, pattern of prejudice in dismal inaction and loss by positional
duress. Terry v Ohio In Re: Halberstam, 705 F.2d at 478.
(211)
"White- Collar Crime Penalty Act 2002"
United States v Nixon versus United States v Hammen
Sophisticated Actors Requires Interpreting [A] Sophisticated Resistance
Obiective Perspective in Obiective Reasonableness In Difference To Dicta Collapse The Fraud
17 Op. Att'v Gen. 184, 187 (1881). Exonerating and relating matters back to dismal inaction of
Western District of North Carolina and 4`h Circuit Court of Appeals whereas in the original
complaint is obvious political duress minas that may slander and obstruct. Ex dolo malus ortio
actio "with prejudice " orders in this district court combining [the] frivolous is [a] misconstrued
modus operandi myth of real property. (citing) Ansari v. State, 913 So. 2d 834 (La. 2005)
(denying an emergency motion to open court) arguably technical mens rea terms imperatively
must sue due to the circumstances of species and natures political duress where money as well as
estate property mentioned is actually traceable. This motion for transfer is affirmative amicable
action to there is not a tragedy of injustice in concerned connection to said estate and money
deposits set aside for the Plaintiff in keeping of American fiduciary Law of Property and Bank
Law. The Western District Court of North Carolina and 4th Circuit Court of Appeals orders are
imposition where this court jurisdiction was and is irrelevant in US Code 37 issues before a court
"not because there is fraud, but because there may be fraud". (quoting) Piatt v. Longworth's
Devisees, 27 Ohio St. 159, 195 -96 (1875). `forbidding conflicts of interest by any species of
political duress ". The Respondents executive orders are exceeding and overreaching
unreasonable retention imposition making this in totality a suppressed matter. "With Prejudice"
is modus operandi frivolous judicial error in the consideration natures of political duress.
The values of estate and amounts of principal may be a motive to reattach as constitutionally
realign the actual justice in difference to purse against Respondents. citing Plessy v. Ferguson,
163 U.S. 537 (1896). The district court order and executive order of Respondents has or will in
continuum cause an adverse impact fundamentally discerned to deter subsumed proliferation.
Nature of Political duress minas is prolific interference traceable [t]he Respondents is not
disposable by the court with judicial inaction. The Western District of North Carolina and 4th
Circuit Court of Appeals preview review should analysis did not a consider fundamental
guidepost where political duress and political nature are also subject obviously may abolish or
spiral down the trust law in this matter. (quoting) United States v Cruikshank, 92, U.S. 542
1( 876) where money and land is traceable to [a] political Respondent given the natures species of
duress articulated in the underlying matter as it set should imperatively re -analyze or transfer
this case. (citing)McGrain v Daugherty, 273 U.S. 135 (1927) Id at 4 "to investigate
circumstances, investigate specific allegation and facts." commence the action is by igniting the
forces of administrative law and uphold common laws of trust in government beneficiary
matters. Terry v Ohio Id. § 636(c)(4) "all powers to discern the specific ingredients in the
political species of duress and recover estates assets for the Plaintiff." (quoting) Cruikshank,
92, U.S. 542 (1876) (citing) Plessy v. Ferguson, 163 U.S. 537 (1896). "not because there is
fraud, but because there may be fraud". (quoting) Piatt v. Longworth's Devisees, 27 Ohio St.
159, 195 -96 (1875). The Respondents executive order are knowing with fiduciary purposeful
discrimination and deliberate indifference to undermine trust as well as bank law inter alia.
18 USC 1512(c) The general knowledge of court order is egregious intrinsic value and executive
order implemented probable "will prove intent of futures to shift funds and procure the
property" with [a] deceptive modus operandi element in this case as it sets. In Re: Tweel, 550
F.2d 297 at 36. United States v Hammen, 977, F. 2d 379 (7"' Cir 1992) 18 USC 1512(c)
intrinsic value of visible pattern on record of the prejudice that obstructs and is probable to
proliferation make [a] way for undue exaction. (citing)United States v Nixon, 418 U.S. 683
(1974). "If had the directional power judges that destroy, the powers of [a] reversing magistrate
judge would make a re- analyzed consistent adjudication for good [a]causes of constitutional
factors" give raise of speculation that favor Plaintiff/Pro Se. Respondents executive orders are
arbitrarily forbidden by civil statutes by bank or US Treasury internal policies. In Re: Tweel, 550
F.2d 297 at 36. The Respondents executive order is [a] deceptive modus operandi element in
this case as it sets. (quoting)(citing) United States v. Cordell, 912 F.2d 769, 777 (5th Cir. 990)
(pre- imposition of violation of regulation allowed to show planning for the of "shifting funds ")
In Re: Halberstam, 705 F.2d at 478. (citing) United States v. McElroy, 910 F.2d 1016, 1023-
24 (2d Cir. 1990) The underlying previous materiality is formulized as it sets is adequate above
a speculative level with obstructive intrinsic value enhancing a unreasonable retention.
18 USC 1512(c) Terry v Ohio "underlying matter cannot be a subversive proliferation rescuing
moot where wealth issue are in controversy" Loumiet v Office of the Comptroller, No. 10 -1288
(D.C. Cir. 2011)
(212)
"White- Collar Crime Penalty Act 2002"
United States v Nixon versus United States v Hammen
Sophisticated Actors Requires Interpreting [A] Sophisticated Resistance
Obiective Perspective in Obiective Reasonableness In Difference To Dicta Collapse The Fraud
Terry v Ohio (citing) Ansari v. State, 913 So. 2d 834 (La. 2005) (denying an emergency
motion to open court) ar uab.1y technical mens rea [Younger v Harris] Id. § 636(c)(4) "all
powers to discern the specific ingredients in the political species of duress and recover estates
assets for the Plaintiff." (quoting) Cruikshank, 92, U.S. 542 (1876) (citing) Plessy v. Ferguson,
163 U.S. 537 (1896). "not because there is fraud, but because there may be fraud". (quoting)
Piatt v. Longworth's Devisees, 27 Ohio St. 159, 195 -96 (1875).all incuplatory, extrinsic and
intrinsic matters in the totality of this litigating predicament. Burke v Barnes, 479 U. 361, 363
1987 "underlying matter cannot be a subversive proliferation rescuing moot where wealth
issue are in controversy" [Clinton v Jones] implied and enabling rights to control the justice to
safeguard the litigation from erosion as well as deterioration. Constitutionally re -align the justice
favoring the Plaintiff on the specific allegation is imperative. The Respondents executive order
attempts to undermine the independent judiciary "on the cause of reasonable observation ".
In Re: Leon, 468 U.S. 897, 900 (1984) Factors favor in difference to apply "disparate impact"
analysis. Magna Charta Ch. 39 (1215) not to disseised land by ways of exaction. United States
v Hammen, 977, F. 2d 379 (7th Cir 1992)(citing) Kingslow v Treasury , 20009 -3030 (Fed.
Cir ) the executive order and court order with prejudice is producing [a] conflict of interest.
clarifying defiance governing law of fiduciary, trust and bank law in inappropriate political
manner to procure estate property and money accounts. The prejudice that obstructs and is
probable to proliferation make [a] way for undue exaction. (citing)United States v Nixon, 418
U.S. 683 (1974) . "Executive order have the directional power judges that destroy, where a
Plaintiff rights do not stop where a political charge issue is warring against Administrative
Procedure Act and US Constitution in attempt to wrongfully. In Re: Korematsu [W]arring
against a citizen may not be a justified procurement gains nor a political commerce with any
political duress minas. (quoting) Cruikshank, 92, U.S. 542 (1876) (quoting)(citing)Citizens
United v FEC, 130 S. Ct. 876 (2010 in the statutory keeping pursuant is compelling to revive
matters in the interest of justice and in the interest of corruption where the wheels that grease are
narrow that deter deceptive losses to a benefitting citizen as Plaintiff in accordance with 16th
Amendment. Mayer, supra note 16, at 2. In Re: Tweel , 550 F.2d 297 at 36.
(213)
Federal Courts Improvement Act of 2000
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role"
Judicial Transparency and Ethics Enhancement Act of 2005
17 Op. Att'y Gen. 184, 187 (1881) arguable technical mens rea (citing) United States v Holzer,
816 F. 2d 1014(7" Cir. 1987) The frivolous assumption is show of less enthusiasm albeit the
connection of money and estate property is no myth whereas Plaintiff/Pro Se is experiencing
wealth caused by political prolific interference "in so great the prejudice" (citing)Watkins v.
United States, 354 U.S. 178 (1957) Terry v Ohio. Where money and land charged in politics is
a controversial subject matter. (citing) Alito, supra note 10 The Respondents executive order
and with prejudice order in this district court is "reductio ad absurdum" exaggeration to be also
frivolous as circuit orders that circumvent or avoid non - ambiguities in statutes with
unconstitutional vagueness.(citing) Plessy v. Ferguson, 163 U.S. 537 (1896). A recanted judicial
decisions is essential "not because there is fraud, but because there may be fraud". (quoting)
Piatt v. Loneworth's Devisees, 27 Ohio St. 159, 195 - 96(1875) Allowing any orders to stand is
arbitrary mens rea undermining the Pro Se litigant. [A] dismal preemptory judicial order that is
not fair. (citing) Pryor, supra note 3, at 13. The entire original complaint nor petition was not
decided on the merits of its compelling face as it sets. In Re: Halberstam, 705 F.2d at 478. The
Plaintiff/ Pro Se has much at stake where political prolific interference and proliferation is a
dangers to develop in totality of undue subversion, exaction or impressment. The present orders
deviate and detach the justice from fundamental acceptance of federal issues with particular
allegations. (citing) LaForge, supra note 8, at 9 Ex dolo malo non oritur actio [Cinton v Jones]
according to the rules of law "dicta" on the submitted compelling circumstances pleading on the
court record. Reject such objections in the difference de novo. [A] more truer review on the
infections probable in the underlying matter money and politics is a controversy. "Suppressing
torts" to avoid absolve in a politically charged or avoid a politically casuative problem adversely
affecting the Plaintiff /Pro Se [Clinton v Jones] In Re: S ry iuth, 98 F. 739, 747 n.12 (3'
Cir.1996) "in order that he might perform his constitutional duty, to enforce the laws, by
securing obedience to the process of the United States where is traceable money is casually or
affirmatively connect to political color office ". (quoting) Cruikshank, 92, U.S. 542 (1876)
(citing)United States v. George, 971 F.2d 1113, 1117 -18 (4th Cir. 1992) intrinsic values of
compelling circumstances in the allegation and dismal inaction is stipulating technicality. In Re:
Leon, 468 U.S. 897, 900 (1984) Factors favor in difference to apply "disparate impact" analysis.
Magna Charta Ch. 39 (1215).
(214)
Federal Courts Improvement Act of 2000
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role"
Judicial Transparency and Ethics Enhancement Act of 2005
American Law of Property § 14.3, at 562 (1952)Judge as Political Powerbroker United States
v Holzer. If had the directional power judges that destroy, the powers of [a] reversing
magistrate judge would make a re- analyzed consistent adjudication for good [a]causes of
constitutional factors" give raise of speculation that favor Plaintiff/Pro Se. [A] dismal
preemptory executive order strays well - defined legal standards the litigant and 4th Circuit
Courts are accustomed. (citing) (quoting) United States v Green, 786, F. 2d 247, 249- 57(7th
Cir. 1986 ) "With prejudice" of court as a result of executive order inactivating due process
would grease the wheels of political fraud and political impropriety flowing the author hand to
proximate cause in a casual connection leading to overreaching exaction. (citing) United States v
Johnson, 383 U.S. 169 (1966) Mayer, supra note 16, at 2. (citing) Oneida Indian Nation v
County of Oneida, 414 U.S. 661 (1974) Terry v Ohio prolific interference by allowing executive
orders implemented with actual malice duress or unreasonable retention strays legal criteria
Justice Department guidelines issued in 2004. (quoting) Cruikshank, 92, U.S. 542 (1876) white-
collar crime is in vogue points due process appropriate in a new direction judicial decisions this
fair to the citizen as Pro Se. (quoting)United States v Mandel, 591 F.2d 1347 at 60 (4th Cir.
1979)In Re: Thompson Memo, supra notes 54 -55. not deciding cases according to the rule of
law is threatening the independent integrity of judicial system due overreaching politics.
(quoting) Cent. Bank of Denver v. First Interstate Bank of Denver, 511 U.S. 164, 181 (1994)
"Criminal liability for aiding and abetting constitutes an ancient doctrine of criminal law."
(quoting) Int'l Invest. Trust v. Cornfield, 619 F.2d 909, 922 & n.15 (2d Cir. 1980)
(quoting)(citing)Monogahela Navigation Co. v United States, 148 U.S. 312, 326 (1893)The
Respondents holistically are overreaching with a distorted criterion that is also implied
aggravating distanced retention by allowing also "with prejudice" order this circuits courts.
(quoting)(citing) Olde Prairie Block Owner, LLC, 457 B.R. 692, 701 (Bankr. N.D. Ill. 2011)
[Terry v Ohio] disparity will lie with prolific interference undermining the pursuit of torts issue
in respect of the 91h Amendment.
(215)
Federal Courts Improvement Act of 2000
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role"
Judicial Transparency and Ethics Enhancement Act of 2005
In Re: Halberstam, 705 F.2d at 478. (quoting)Sandra Day O'Connor, The Threat to
Judicial Independence, WALL ST. J., Sept. 27, 2006, at A18. (quoting) Tim A. Baker
U.S. Magistrate Judge, U.S. District Court, Southern District of Indiana. " judicial
tasks associated with the district courts ".(citing) Ansari v. State, 913 So. 2d 834 (La.
2005) (denying an emergency motion to open court) (citing) United States v Graham,
275 F. 3d 490 560, 516 (6th. Cir. 2002) (citing) Cobell v Norton, No. 03 -5314 (D.C.
Cir. 2004 ) Hainer v Kerner, 404 U.S 519(1972) Article I factors favor the Plaintiff.
(citing) United States v Hammen, 977, F. 2d 379 (7th Cir 1992). This is a
sophisticated government agency financial case causative by the Respondents
executive order and wanton activities that adverse effect in deprivations as well as
encroach the Plaintiff; as a lawful beneficiary of estate and trust accounts. The Plaintiff
is the sole lineal descendant of Estate of Washington, George; Mt. Vernon, Virginia.
The summation principal of the estate property and its effects is appreciating in net
worth. The estate is subject opportunistic breach of fiduciary trust and federal bank
violation at this time. The Respondents executive order imposition in so great the
prejudice is probable to proliferation make [a] way for undue exaction.
United States v Nixon, 418 U.S. 683 (1972)(quoting) United States v Mandel, 591
F.2d 1347 [at 60] In Re: Cruikshank, 18 USC 1512(c)
(216)
Federal Courts Improvement Act of 2000
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role"
Judicial Transparency and Ethics Enhancement Act of 2005
(a)
Jurisprudence is concerned with "the right wrong" who objects inaccessibility to the court at [a]
critical stage. Rosenberg "judicial tasks associated with the district courts". (citing) Ansari v.
State, 913 So. 2d 834 (La. 2005) (denying an emergency motion to open court)
(b)
18 USC 1512(c) who objects to the right wrong(citing)(quoting) Rosenberg v United States,
346 U.S. 273 (1953) "Our action was unusual" (Vinson) The original orders with prejudice in opinions
of frivolous are "whim ". In Re: Rosenberg anti - arbitrariness that undermine the constitution by
detaching the justice in estate American Property Law: fiduciary, trust and bank law. There is not
a myth of property where said estate does exist and a real beneficary. Moreover, Plaintiff is
legitimate rightful beneficiary as innocent owner/ heir. In Re: Halberstam, 705 F.2d at 478.
(c)
18 USC 1512(c) who objects inter alia The Respondents executive order is also irregular manners
considered it on its merits overt acts relating intent to injure important procedural matter of which a
magistrate would approve further to litigate this case can be justified in the lower courts or in a superior
court. frivolous as circuit orders that circumvent or avoid non - ambiguities in statutes with
unconstitutional vagueness. (citing) Plessy v. Ferguson, 163 U.S. 537 (1896). A recanted judicial
decisions is essential "not because there is fraud, but because there may be fraud". (quoting) Piatt
v. Longworth's Devisees, 27 Ohio St. 159, 195 -96 (1875) Allowing any orders to stand is
arbitrary mens rea undermining the Pro Se litigant that is arguable who objects to the legitimate
intrinsic value of underlying matter. (citing) United States v Green, 786, F. 2d 247, 249- 57(7th
Cir. 1986 ) standing to raise the question indicates problems that is impressed by its substantiality
intrinsic probable value. With Prejudice of this court and Respondents executive is an un
recommend imposition require such further proceedings to be had as may be just under
the circumstances. In Re: Tweel, 550 F.2d 297 at 36. 'fine points of technical procedure who
objects" Rosenberg, 346 U.S. 273 "standing adequate opportunity to investigate and decide the
very serious question raised found statute and rule of court." ( Black, dissenting ) Rosenberg,
346 U.S. 273 "Justice in obedience to his statutory obligation. "(Douglas)
(d)
18 USC 1512(c) the frivolous right wrong should not object in difference to de novo
predominant interpretation "equal justice" in this case as it sets. In Re: Kamisar, Retrospective, supra
note 1, at 7. If the inter -court conflict becomes a lawbreaker. Rosenberg, 346 U.S. 273 " it is not
unreasonable to dicta in the difference that before a loss by any species of pecuniary harm
or by means of gross deceptive arbitrariness affirmative review should be opened in the
highest court" (Frankfurter) (citing) United States v Hammen, 977, F. 2d 379 (7th Cir 1992).
This is a sophisticated government agency financial case causative by the Respondents executive
order and wanton activities that adverse effect in deprivations by wrongful procurement. Terry v
Ohio The prejudice that obstructs and is probable to proliferation make [a] way for undue
exaction. (citing)United States v Nixon, 418 U.S. 683 (1974) . "Executive order have the
directional power judges that destroy. There should not have been a complicated administrative
obstacle what so ever in the consideration of the values of estate and the sum of principal
deposited by US Treasury rightfully disbursed to the Plaintiff. (citing) Cooper v Aaron, 358
U.S.1 (1958) (quoting) Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011) (quoting) In re
Marshall, 275 B.R. 5,50-51 (C.D. Cal. 2002)
(e)
"who objects" Rosenberg (citing)McGrain v Daugherty, 273 U.S. 135 (1927) (quoting)
Daugherty Id at 4 "to investigate circumstances, investigate specific allegation and facts." In
method of exoneration commence the action due factors favor igniting forces of
administrative law and uphold common laws of trust in government beneficiary matters. The
executive orders are overreaching, and duly freeze, those order no truth in reliability and cannot
remain implemented. (quoting) In Re: Tweel, 550 F.2d 297 at 24 "if there is any deception the
district and en banc court is wrong." Hainer v Kerner, 404 U.S 519.
(217)
Federal Courts Improvement Act of 2000
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role"
Judicial Transparency and Ethics Enhancement Act of 2005
Jurisprudence is concerned with the right wrong inaccessibility to the court at [a] critical stage. United
States v Holzer. 18 USC 1512 (c) Rosenberg a better prevailing in Article III factors that favor
the Plaintiff in a more truer predominant interpretation with "equal justice" who objects to the
right wrong where a inter -court conflict became the constitution breaker In Re: Kamisar,
Retrospective, supra note 1, at 7.The executive orders invites [every] Respondents to become a
law unto himself, it invites anarchy. "(citing) Olmstead, 277 U.S. at 479 (Brandeis, J.,
dissenting). "With Prejudice" order of is over zealous whim distorted frivolous association.
(citing) Olmstead, 277 U.S. at 485. Loumiet v Office of the Comptroller, No. 10 -1288 (D.C.
Cir. 2011) all orders circumvent or make judicial mechanics inconsistent suppressing the
intrinsic value of underlying materiality. Terry v Ohio. The Respondents are unqualified to
procure, wrongful to excite into effect any modalities or that ill -will into end justice as an
exaction. (quoting) Cent. Bank of Denver v. First Interstate Bank of Denver, 511 U.S. 164, 181
(1994) "Criminal liability for aiding and abetting constitutes an ancient doctrine of criminal
law." (quoting) Int'l Invest. Trust v. Cornfield, 619 F.2d 909, 922 & n.15 (2d Cir. 1980) ( "[A]
person who assists a tortious act may be liable for other reasonably foreseeable acts done in
connection with it." Olmstead, 277 U.S. at 485. recognizing that the self - interested, competitive
nature of government agents might impinge upon the Plaintiff and be causative of exaction.
18 USC 1512(c) ways of limiting executive power identified the political and constitutional
problems presented by an unregulated, sovereign executive powers of all engaged in an attempt
to arrogate power to itself Youngstown Sheet and Tube Co. v. Sawyer, 343 U.S. 579 (1952). In
Re: Youngstown, 343 U.S. at 587 -88; Johnson, 333 U.S. at 14, 17 n.8. United States v Nixon
Political Argument: "[c]onstructive participation" "law enforcement unchecked by law is
tyrannous," Packer, Courts, Police, supra note 34, at 240. seek to protect them as fundamental
rights indemnified from government interference. 18 USC 1512(c) fundamental rights
approach thus rejects, as interfering with individuals' rights that the detach justice in recovery
and truth of estate. "Slander objects to right wrong" United States v. Veal, 153 F.3d 1233,
1245 (11th Cir. 1998)The executive order and with prejudice order circumvent or make judicial
mechanics inconsistent (explaining that freedom consists of an "immunities" government
interference )(citing)RICHARDSON, supra note 15, at 23 -24 (describing the liberal's concerns
with government action that "undercut[s] or violate[s] fundamental rights ") (citing) Packer,
Courts, Police, supra note 34, at 239.
(218)
United States v Nixon versus United States v Hammen
Objective Perspective in Objective Reasonableness In Difference Dicta Collapses The Fraud
White - Collar Crime Penalty Act 2002
18 USC 1512(c) (quoting) Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011) In re: Marshall, 275
B.R. 5, 50 -51 (C.D. Cal. 2002) (quoting) Schmerber v. California, 384 U.S. 757, 778
1( 966)(Douglas, J., dissenting) The Plaintiff/Pro Se is defending executive order in which the
Respondents may not force a Plaintiff to surrender to infection of the case nor the estate
property" (quoting) (citing)Papachristou v. City of Jacksonville, 405 U.S. 156, 170 (1972).
"Where, as here, there are no standards governing the exercise of the discretion granted by the
ordinance, the scheme permits and encourages an arbitrary and discriminatory enforcement of
the law. Executive orders in undue keeping with prejudice order furnishes a convenient tool for
`harsh and discriminatory enforcement of unreasonable retention. United States v Cox
(219)
United States v Nixon versus United States v Hammen
Objective Perspective Objective Reasonableness In Difference Dicta Collapses The Fraud
White - Collar Crime Penalty Act 2002
18 USC 1512(c)United States v Holzer who objects to right wrong disparity will lie. (citing)
Beck v. Ohio, 379 U.S. 89, 97 (1964) (citing) Stanford v. Texas, 379 U.S. 476, 512 (1965)
"The constitutional impossibility of leaving the protection of those freedoms to acquire estate
and money deposit by the Plaintiff. In Re: Beck, 379 U.S. at 91. Rosenburg. United States v
Keogh In so the great the prejudice in politically charged interference where money is traceable
to a politician "To allow less would be to leave law- abiding citizens at the mercy of the officers'
whim or caprice." (quoting) Brinegar v. United States, 338 U.S. 160, 176 (1949) Mapp v.
Ohio, 367 U.S. 643, 660 (1961) "[T]he right to be secure against to recovery asset "fine points
of technical procedure who objects" to the Respondents executive order that grease the wheels
of the fraud. (citing) United States v Green, 786, F. 2d 247, 249- 57(7th Cir. 1986)
Respondents executive order is an un recommend imposition require such further proceedings to
be had as may be just under the circumstances. In Re: Tweel, 550 F.2d 297 at 36.
(220)
United States v Nixon versus United States v Hammen
Objective Perspective Objective Reasonableness In Difference Dicta Collapses The Fraud
White - Collar Crime Penalty Act 2002
In Re: Katz, 389 U.S. at 358 -59. 18 USC 1512(c) The Respondents executive order and dismal
inaction of the court is irregular. (quoting)(citing)United States v. Henderson, 243 F.3d 1168,
1170 (9th Cir. 2001). "Omission of such authorization `bypasses the safeguards provided by an
objective predetermination of probable cause, and substitutes instead the far less reliable procedure of an
after the -event justification for unreasonable retention too likely to be subtly politically influenced by
the familiar shortcomings of hindsight judgment.' bypassing a neutral predetermination of the scope
individuals secure from overreach Ninth Amendment violations `only in the discretion of the judge. "'
(quoting) In Re: Beck, 379 U.S. at 96, 97) Wong Sun v. United States, 371 U.S. 471, 482 (1963).
(quoting)(citing)Monogahela Navigation Co. v United States, 148 U.S. 312, 326 (1893)
(citing)United States v Burkhalter, 1991 U.S. App. LEXIS 29282 (10th Cir. 1991) Oneida
Indian Nation v County of Oneida, 414 U.S. 661 (1974) Mayer, supra note 16, at 2. Judge as
powerbroker in original should correct the right wrong. arguably technical mens rea terms.
imperatively sue on the adjustments to the stipulating technicalities.(citing) United States v
Leon, 468 U.S. 897, 900 (1984) Cruikshank, 92 U.S. 542, 557.
(221)
United States v Nixon versus United States v Hammen
Objective Perspective Objective Reasonableness In Difference Dicta Collapses The Fraud
White - Collar Crime Penalty Act 2002
18 USC 1512(c) Newsome v Treasury who objects to anti - arbitrariness not undermine broad
search for facts American Property Laws in the examination concerning the US Treasury.
(citing) Keech v. Sandford, 2 Eq. Cas. Ab. 741, Cas. Ch. 61, 25 Eng. Rep. 223 (1726).
Magna Charta Ch. 39 (1215). any other matters which may aid this suit against the
Respondents. (quoting) (citing)Engl v. Aetna Life Ins. Co. (C.C.A.2d, 1943) 139 F.(2d) 469
Mahler v. Pennsylvania R. Co. (E.D.N.Y. 1945) In Re: Halberstam, 705 F.2d at 478. Mayer,
supra note 16, at 2. (citing) Oneida Indian Nation v County of Oneida, 414 U.S. 661 (1974)
Terry v Ohio prolific interference by allowing executive orders implemented with actual malice
duress or unreasonable retention strays legal criteria Justice Department guidelines issued in
2004. (quoting) Cruikshank, 92, U.S. 542 (1876) white - collar crime is in vogue points due
process appropriate in a new direction judicial decisions this fair to the citizen as Pro Se.
(citing)United States v Mandel, 591 F.2d 1347 at 60. "who objects to discern the right wrong."
[Rosenburg] who objects to intrinsic value underlying is arbitrary matters that may prove outside
or beyond [a] whim of frivolous in so great the great the prejudice undermines legitimacy
intrinsic value probable likely become more true. what else what else will lie in positional
duress.
(222)
[Korematsu] (citing) Poppino v. Jones Store Co. (W.D.Mo. 1940) (citing) Olson
Transportation Co. v Socony- Vacuum Co. (E.D.Wis. 1944) In Re: Tweel, 550 F.2d 297 at 36.
" ane points of technical procedure who objects to obvious materiality" Rosenburg The wealth
of issue is on not a preemption in due [a] process motion appropriate for relief Terry v Ohio.
(citing) Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004) (citing)United States v Tillmen, 906 F.
2d 814, 821 (1990) 18 USC 1512(c) In Re: Rutkin "Key political figures are in position to
grease that grease wheels of the fraud who objects. The record has intrinsic value in the ease
proof with strong impression there is obvious detached justice where they may be fraud.
18 USC 241 should not surrender without exhaustion to infection of the case nor the surrender
diligence to recovery the estate property" Cruikshank (quoting) (citing)Papachristou v. City of
Jacksonville, 405 U.S. 156, 170 (1972). (citing) Plessy v. Ferguson, 163 U.S. 537 (1896)
discourage arbitrary impositions in a political issue where money traceable due to the interest of
narrow lines corruption there may be exaction or coercion in the matter underlying.
[Citizen United v FEC]
(223)
Federal Courts Improvement Act of 2000
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role To Collapse The Fraud"
Judicial Transparency and Ethics Enhancement Act of 2005
18 USC 1512 (c) bound to comply who objects to [ Copper v Aaron] " lne points of technical
procedure to move this litigation disposing its administrative imposition" The Respondents
executive order is opportunity to grease the wheels of the fraud. " With Prejudice" in frivolous
is an administrative technical whim. Objective reasonableness suggest there may no myth in the
being of estates assets that are traceable truths. inter alia.. [A] recanted judicial decisions is
essential "not because there is fraud, but because there may be fraud". (quoting) Piatt v.
Longworth's Devisees, 27 Ohio St. 159, 195 -96 (1875) Allowing any orders to stand is arbitrary
mens rea undermining. Plessy v. Ferguson, 163 U.S. 537 (1896). The summation of both
4th Circuit's Courts order and Respondents executive orders do not deter and detach the justice.
The dismal consolidated orders is [a] erroneous imposition with mens rea malice. Cruikshank
(quoting) (citing)Papachristou v. City of Jacksonville, 405 U.S. 156, 170 (1972).
The Respondents political colors influence gives raise to factors that favor more reasonable
reliance in the "right to rely ". [A] associative concert and casual connection is [an] imposition
unduly causing intrinsic as well as extrinsic conflict; that is dangerous defiance detaching the
justice is absconding avoidance of issue in this litigation. (citing) Kingslow v Treasury ,
20009 -3030 (Fed. Cir) The Respondents as individual representative of the US Treasury by
induced artifice of executive order is causing a extrinsic/intrinsic political conflict of interest
to bypass constutional constraint fiduciary, trust and bank law. [Nicaragua v United States]
"with prejudice" is a right rely there is associative administrative malice arguable technical
mens rea. The underlying merit "may be fraud" that must imperatively discuss and sue in
redirection who objects where administrative disparity that undermines intentionally will lie.
United States v Graham, 275 F. 3d 490 560, 516 (6th. Cir. 2002) Terry v Ohio The positional
prejudice in D]ealous care imperatively erred in failing to apply "disparate impact" on the
merits and factors favored the Plaintiff outside any species of duress that undermined this
litigation. Watson v Fort Worth Bank & Trust, 487 U.S. 977 (1988) "fine points of technical
procedure to move this litigation requires the administrative process more inquiry in
investigative exhaustion. Steidl v Walls, Case No. 01- cv2249(Central District of Illinois)
(citing)Papachristou v. City of Jacksonville, 405 U.S. 156, 170 (1972). The Respondents
political colors influence gives raise to factors that favor more reasonable reliance in the "right
to rely ". Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004) "fine points of technical procedure to
move this litigation requires the administrative process to avoid loss and injustice who objects
stipulation where there may fraud due to insider conflicts. Oneida Indian Nation v County of
Oneida, 414 U.S. 661 (1974) Rosenberg, 346 U.S. 273 "standing adequate opportunity to
investigate and decide the very serious question raised found statute and rule of court that must
sue objection to the powers that destroy." ( Black, dissenting) Rosenberg, " Justice in obedience
to his statutory obligation. "(Douglas) This district by this motion for transfer is justified to
strike and deaden the Respondents executive order it is insider abuse. (citing) RTC v. Walde 18
F.3d 943 (D.C. Cir. 1994). Who objects in methods of exoneration in fine procedural require to
avoid injustice from impositions of administrative grease demeaning ability to rescue the estate
and monetary deposit out of adverse possession or unreasonable retention rightfully the
Plaintiff's. In Re: Tweel, 550 F.2d 297 at 25. United v Nixon
[224]
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United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role To Collapse The Fraud"
Judicial Transparency and Ethics Enhancement Act of 2005
17 Op. Att'y Gen. 184, 187 (1881) arguable technical wens rea. Article III political
fundamental case and instant injury of duress minas controversy. 1 Am Jur American
Jurisprudence there is [a) instant case where there is injury and there is a victim joined
allegations in legitimate conveyance to the honorable courts of Western District of North
Carolina and 4th Circuit Court of Appeals. Magna Charter Ch. 39 (121 S) (citing) Free v. United
States, 879 F.2d 1535, 1537 n.l (7th Cir. 1989). Out of step circuit maybe also [a] mystery
within the problems as this case sets there is a conflict of judicial dehiscence dicta in regards to
[a] statue. 18 USC 1512(c) The Respondents executive order in silence and secrecy to assist
imposition "with prejudice" orders in this entire circuit frivolous or not is who objects
"fine points of technical procedure to move this litigation requires the administrative process to
avoid loss and injustice where there is present or futures to [a] victim of financial duress by
egregious political charged in so great the "prejudice to arbitrary undermine ". [A] victim is
never frivolous with foresight who objects to the right wrong. (citing)(quoting) Rosenberg v
United States, 346 U.S. 273 (1953) "Our action was unusual out -of step fine points of technical
men rea to continue assuming there is not nor future of impact statement that said is or will
injure (quoting) Rosenberg (Vinson) willingness of the district judge was impaired and is
assisting arbitrary undermining political interference causing the out -step matter without the
ability to convince freely as a definite "victim" in the difference de novo. 18 USC 1512(c)
[A] reasonable person would rightly wonder how one can be a vulnerable victim without being a
victim at all resulting from the acts and omissions in the prejudice and dismal inaction of the
court and where is articulation of breached duties liability. Korematsu The dismal consolidated
orders is [a] erroneous imposition with mens rea malice. Cruikshank (quoting)
(citing)Papachristou v. City of Jacksonville, 405 U.S. 156, 170 (1972(quoting) Piatt v.
Longworth's Devisees, 27 Ohio St. 159, 195 -96 (1875) Allowing any orders to stand is
arbitrary wens rea undermining. Plessy v. Ferguson, 163 U.S. 537 (1896) United States v
Mandel, 591 F.2d 1347 at 60. 18 USC 1512(c) [A] reasonable person would rightly wonder
how one can be a vulnerable victim without being a victim at all resulting from the acts and
omissions in the prejudice and dismal inaction of the court and where is articulation of breached
duties liability. [United States v Holzer] victim impact statements in this suit have require
desperate impact analysis. [United States v Keogh] courts should not interpret to allow
[ a ]defendant who may defraud or influence the institution where a principal in deposits are in
conjunction with the court is unusual action. Nicaragua v United States Knowing that
expectation of executive may not or does not question any impositions rationale in a whole
detailed explanation before a jury in mystery of the pleading problem. (citing) Virenda Raiput v
City Trading, No. 10 -15405 D.C. Docket No. 1:10 -cv- 21654(1 lth Cir. 2012) "district judges will
examine the particular facts of case in without getting bogged down in formalistic technicalities"
(citing) Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004) "fine points of technical procedure who
objects" to the Respondents executive order that grease the wheels of the fraud. (citing) United
States v Green, 786, F. 2d 247, 249- 57(7th Cir. 1986) Respondents executive order is an un
recommend imposition require such further proceedings to be had as may [be just] under the
circumstances. "who object to willful blindness that undermines real truth in matters that should
be any species of duress or should present less obvious arbitrary versus anti - arbitrary in the
submission as matter set on the court record as filed Rosenburg The Respondents executive
order and with prejudice of order widen and grease the wheels of possible or probable "nexus
between the victim's vulnerability and the crime's ultimate success." (citing) United States v.
Iannone, 184 F.3d 214, 220 (3d Cir.1999) (citation omitted). (citing) United States v Wilkes,
No. 08 -50063 D.C. No. Cr. 00330 - LAB- OPINION(9th Cir. 2011) The Respondents executive
order and with prejudice order make difficult -to- detect the right wrong, widen and grease the
wheels to decrease possible pursuant. "Modus Operandi" degree of authority in which the
imposition vests in the Respondents vis -a -vis as a suspicious objector in process, defiance or
omission of the wrongful egregious act. "unique access" to the accounts unable to manage the
estate's own affairs [Newsome v Treasury ] Mayer, supra note 16, at 2 "who objects" to willful
blindness that maybe undermining as an insider" or taking advantage of the access to
Plaintiff accounts and estate. [ Rutkin] 18 USC 1512(c)As issue set it is difficult conclude with
prejudice dismal inaction compounded by executive order also imposition this matter should not
be committing of facilitating any species of duress that distort the fiduciary right responsibility to
the Plaintiff not being susceptible to any adverse after affect from wrongfully empowered
political defiance. Younger v Harris respectfully as victim is "who objects" to willful blindness
of undermining insider" taking advantage of the access to Plaintiff accounts and estate outside
graces egregiously of American Property Law inter alia. In Re: Mandel, 591 F.2d 1347 at 60.
Mayer, supra note 16, at 2 [a] Plaintiff with aggravating factors in particular allegation is
[s]ufficient and [l]egitimate enough relating back is diligently proper is who objects to powers
that destroy as well as object arbitrary undermining by impervious power of office.
With unchecked prejudice and frivolous assumption in matters where money is traceable the
Western District of North Carolina and 4th Circuit of Appeals is as materiality obvious impress
impact statements be true this [d]istrict court and [e]n banc court as manifested dismal inaction
[in]sufficient [anti] arbitrariness in the judicial address of unconstitutional and statutory torts,
egregiously detached the impossibility dangers of pecuniary harm flowing [a] mastermind hands.
In Re: Tweel, 550 F.2d 297 [at] 25. (citing) Political Argument: "[c]onstructive participation"
"law enforcement unchecked by law is tyrannous," (citing) Packer, Courts, Police, supra note
34, at 240. seek to protect them as fundamental rights indemnified from government
interference. 18 USC 1512(c) The Respondents executive order and dismal inaction court order
is technically disen gaging detach of tactics stipulating that [a] just court might consider abusive
and imperatively object. Id. Johnson, 383 U.S. 169. (citing)Papachristou v. City of Jacksonville,
405 U.S. 156, 170 (1972)(quoting) Piatt v. Longworth's Devisees, 27 Ohio St. 159, 195 -96
(1 875) Allowing any orders to stand is arbitrary mens rea undermining. Plessy v. Ferguson, 163
U.S. 537 (1896) The detachment right to rely is obvious conspicuous venality that
probable injury taking advantage possible future of unreasonable retention spoliation. Plaintiff
as a said duress minas is sufficient as who objects to intent of injury by any species of duress.
"Ways of the Court" are insecurely out of step with reckless abandon untoward anti-
arbitrariness that favor a Plaintiff's impacting problem to recovery estate and money deposits.
Terry v Ohio [A] magistrate judge would factor and favor the legislative history as well as
legislative intent weigh more afford to a Plaintiff. Clinton v Jones treatment with due process
would breakup an unjust decision that may politically expect a judge to be a unconstitutional
powerbroker by egregious ways of the court. United States v Holzer Mayer, supra note 16, at 2.
[225]
Exonerating Actual Justice In Prior Upside Down Review
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role To Collapse The Fraud"
Judicial Transparency and Ethics Enhancement Act of 2005
A magistrate would factor tactics where a court might consider abusive and would interest
of narrow lines of corruption in various politically charged circumstances "with a common
sense objective reasonableness understanding" where there maybe insider duress and fraud
(quoting)(citing)United States v Kennedy, No. 08 -1172 Qrd Cir. 2009)The Respondents have
executive order have "no say with prejudice" causative of any specific injury or causative any
specific injustice that absconding in financial matter. In Re: Halberstam, 705 F.2d at 478. The
underlying materiality has intrinsic merit of legitimacy and intrinsic value enough objects to
executive orders "have no say" in arbitrary preemptive circumstances prejudice that injure in
the bypass of laws trust, fiduciary expectations and bank regulating statues. [Hilton v Guyot]
"Particular merit evident" as it sets before this circuit's courts. (quoting)(citing) United States v
Kennedy, No. 08 -1172 (3rd Cir. 2009) "Ways of the Court" should have refrained from
frivolous assumption without complete examination where insider abuse a obvious in vogue to
conceal relevant materiality that no ease of proof. "fine points of technical procedure to move
this litigation requires the administrative process to avoid loss and injustice who objects
stipulation where there may fraud due to insider conflicts." (citing) Oneida Indian Nation v
County of Oneida, 414 U.S. 661 (1974) Rosenberg, 346 U.S. 273 "standing adequate
opportunity to investigate and decide the very serious question raised found statute and rule of
court that must sue objection to the powers that destroy." ( Black, dissenting) Rosenberg, "
Justice in obedience to his statutory obligation. "(Douglas) This district by this motion for
transfer is justified to strike and deaden the Respondents executive order it is insider abuse.
Known jurisprudence of egregious, adverse and arbitrary estate matter was avoided as this case
set before the magistrate.(citina)United States v Kenny, 462 F. 2d 1205, 1229, cert. denied 409
U.S. 914 (1972). Where there is probate, estate, trust and fiduciary law should more truer in the
original opinion by this district court and en banc court in appeal. "unique and specific
knowledge" should and discuss exoneration more pursuant on statutory grounds. 1512(c)
(citing)United States v O'Grady, 742 F. 2d at 687. In Re: Tweel, 550 F.2d 297 [at] 25. (citing)
Political Argument: "[c]onstructive participation" arbitrary mens rea undermining in truths of
the avoidance that is obvious detachment. (quoting)(citing) Plessy v. Ferguson, 163 U.S. 537
1( 896) Nation v United States, 10 -382 (Fed. Cir. 2011) (citing) RTC v. Walde 18 F.3d 943
(D.C. Cir. 1994). Who objects in methods of exoneration in fine procedural require to avoid
injustice from impositions of administrative grease demeaning ability to rescue the estate and
monetary deposit out of adverse possession or unreasonable retention rightfully the Plaintiff's.
"Key political figures are in position to grease that grease wheels of the fraud who objects."
The record has intrinsic value in the ease proof with strong impression there is obvious detached
justice where they may be fraud. The prejudice that obstructs and is probable to proliferation
make [a] way for undue exaction. (citing)United States v Nixon, 418 U.S. 683 (1974) .
"Executive order have the directional power judges that destroy due to administrative arbitrary
undermining should not have delayed. If the inter -court conflict becomes a lawbreaker.
(quoting)(citing) Rosenberg, 346 U.S. 273 " it is not unreasonable to dicta in the difference
that before a loss by any species of pecuniary harm or by means of gross deceptive
arbitrariness affirmative review should be opened in the highest court" (Frankfurter)
(quoting) (citing) United States v Hammen, 977, F. 2d 379 (7th Cir 1992). "fraud starts due to
the omissions of a number fiduciary duties." This court orders present opportunities to be loss
causative and is an associative distancing of the political case. (quoting)(citing)Hobson v
Wilson, 737 F.2d 1 237 U.S.AUA.D.C. 219 (D.C. Dist. 1984) Hobson v Wilson Id. at 38.
(quoting)(citing) 66 Central Law Journal 240[ Vol. 12(1908)] Magna Charta Ch. 39 (1215)
[226]
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United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role To Collapse The Fraud"
Judicial Transparency and Ethics Enhancement Act of 2005
18 USC 1512(c) [Kennedy, 08 -1172 No. (3rd Cir. 2009)] breaching fiduciary responsibility not
checking a government Respondents where there may be construed as a aversive overreaching
activity with statutory entitlement in any benefitting matter is qualified before federal the court
to imperatively process. That said matter may pursue in neutral anti - arbitrary ways of the court
"fine points of technical procedure to move this litigation requires the administrative process to
avoid loss and avoid injustice stipulations due to any insider conflicts not prevailing with proper
interpretation of said problems articulated by any particular impact statement allegations
asserted against any political Respondent in government affairs." Rosenberg, 346 U.S. 273
"standing adequate opportunity to investigate and decide the very serious question raised found
statute and rule of court that must sue objection to the powers that destroy." ( Black, dissenting)
Rosenberg, " Justice in obedience to his statutory obligation . "(Douglas)(quoting)(citing)
Goldberg v Kelly, 397 U.S. 254 261 -62 (1970) "intrinsic value in underlying merit" requires
process and aid to a Plaintiff who objects any said undermining arbitrary activity construed a
capricious or suspicious articulation in a federal complaint or petition should pursued without
any prolific interference where benefit of money or property is also the issue underlying matter
of this litigation. [Terry v Ohio] (citing)Papachristou v. City of Jacksonville, 405 U.S. 156, 170
(1972)(quoting) Piatt v. Longworth's Devisees, 27 Ohio St. 159, 195 -96 (1875) Allowing any
orders to stand with inaction maybe construed as arguable arbitrary mens rea. ,
(quoting)(citing) Goldberg v Kelly, 397 U.S. 254 261 -62 (1970) who objects to intentional
undermining the reasonable expectations of the Western District Court of North Carolina and 4th
Circuit Court of Appeals is not invisible nor frivolous in a reasonable conclusion.
(citing)(quoting) Plessy v. Ferguson, 163 U.S. 537 (1896) The imposition detachment in the
right to rely is obvious conspicuous venality that will probably injure event in loss by injustice.
The Plaintiff is and was eligible and capable to convey matters in the simplicity of adverse
possession in any species of duress. (citing)(quoting) 25 Am.Jur.2d Duress and Undue
Influence §§ 3, 4, 10 (1966) who should not object to federalism to attachment to American Law
Property: administrative fiduciary expectation, trust and bank law in regulation favoring the
Plaintiff complaining dismay in this predicament as it sets. " Aid be furnished" to any intent by
any species of duress where money is traceable. (quoting) King, 392 U.S. at 317.
[A] magistrate in the difference of factors that weigh against Respondents and inter -court
conflict "absolve any problems or absolve any arbitrary species of duress caused by involved in
this process that should have already initiated pursuit to absolve conveyed by Plaintiff.
(quoting) King, 392 U.S. at 317. "Prevailing Interpretation" factors favored the Plaintiff
relating back on the original filing court date. (quoting) (citing) United States v Hammen, 977,
F. 2d 379 (7th Cir 1992). "fraud starts due to the omissions of a number fiduciary duties." This
court orders present opportunities to be loss causative and is an associative distancing of the
political case. (citing)United States v Nixon, 418 U.S. 683 (1974) . "Executive order have the
directional power judges that destroy due to administrative arbitrary undermining should not
have delayed. (citing) Clinton v Jones, 520 U.S. 681 (1997) [A] reasonable principle of anti-
arbitrariness did not consider the probable nor possible activity articulated within complaints
pleading on the original complaint and en banc petition nor in supplements. (quoting) King, 392
U.S. at 317. The legislative history is an extensive set of possible grounds on factors that
favored the Plaintiff initially. (quoting)(citing) State of Maryland v Helen L. Holton, No.
91(2010) Problems of imprecision and variables of inconsistency where a reversing a reasonable
foreseeing magistrate would initiate transfer in spite of previous set limits that detached the
justice "willful blindness" in the prejudiced assumptions. [18 USC 1519] intrinsic value and
infection of the suit a reasonable magistrate in difference de novo would object to furthered
impositions where aid to Plaintiff is detached due betrayal of justice initial reviews in the
Western District of North Carolina and 4th Circuit Court of Appeals.
(citing) United States v Wilkes, No. 08 -50063 D.C. No. Cr. 00330 - LAB- OPINION(9th Cir.
2011) (citing) Virenda Rajput v City Trading, No. 10 -15405 D.C. Docket No. 1:10 -cv-
21654(llth Cir. 2012) (quoting)In Re: Allibhai, 939 F. 2d 244, 249 (5th Cir. 1991)(cititation
omitted) cert denied, 502 U.S. 1072, 112 S. Ct. 967, 117 L. Ed. 2d 133 (1992) The Respondents
executive orders have no say with induced political duress minas insuring [an] imposition of
unreasonable retention with prejudice. [Holzer] The frivolous is [a]stipulating "undue
administrative grease" that is undermining "prevailing interpretation" of prolific interference.
18 USC 1519 underlying materiality there is avoidance in the interest of politics. [A] concerning
concerts and parenteral relationship is technical. "Original amnesia" should correct the right
wrong. arguably technical mens rea terms. imperatively sue on the adjustments to the stipulating
technicalities. (citing) United States v Leon, 468 U.S. 897, 900 (1984) Cruikshank, 92 U.S. 542,
557. The Respondents executive orders and dismal inaction is clear that [a] reasonable official
would understand that what he is doing violates that right by undermining with unconscious
arbitrariness or willful blindness." (citing) King, 392 U.S. at 317. In Re: Anderson, 483 U.S. at
640, 107 S.Ct. at 3039. 18 USC 1519 The Respondents executive order is one such act flowing
from them as authors knowing their politically charged intrinsic and extrinsic effects [a] Pro Se
could not absolve. (quoting)(citing) United States v Cloud, 872 F. 2d 846, 851 (91h Cir. 1989)
Moreover, the executive order has prejudice and preemption as total imposition there effects are
known to facilitate this predicament. "Plausible deniability" in government executive orders
visibility in hand is irrelevant their effects sufficient knowledge in the problems mystery power
that destroy by dismal inaction and prolific interference with the estate property and accounts set
aside by US Treasury in the intentions of settling with Plaintiff.
[227]
Exonerating Actual Principle of Magistrate Justice Non - Arbitrariness Review
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role To Collapse The Fraud"
Judicial Transparency and Ethics Enhancement Act of 2005
(citing) King, 392 U.S. at 317. Terry v Ohio Deceptive stealth interference executive order is
a vulnerable element in the issue to prolifically interference making frivolous dissent or making
frivolous assumptive opinion erroneous. In Re: Anderson, 483 U.S. at 640, 107 S.Ct. at 3039.
"no proof of civil fraud is needed and can encompass a broad range of conduct that appear as
deliberate deception in which a false justification is a danger to the Plaintiff as loss causative in
the future "(citing) Van Dyke v Bd. Governors, 876 F. 2d 1377, 1379 (8th Cir. 1989)
iquoting)(citing)Stern v. Marshall, 131 S. Ct. 2594, 2610 (2011) (citing) In re: Marshall, 275
B.R. 5, 50 -51 (C.D. Cal. 2002) recognized a cause of action for tortious interference with the
magistrate judge derives jurisdiction (citing) United States v O'Grady, 742 F. 682 (2nd Cir. 1984)
"What else will lie" ( quoting)(citing) Cent. Bank of Denver v. First Interstate Bank of Denver,
511 U.S. 164, 181 (1994) "Criminal liability for aiding and abetting constitutes an ancient doctrine of
criminal law." (quoting)(citing) Int'l Invest. Trust v. Cornfield, 619 F.2d 909, 922 & n.15 2d Cir.
1980) prolifically interference making frivolous dissent or making frivolous assumptive opinion
erroneous. In Re: Anderson, 483 U.S. at 640, 107 S.Ct. at 3039. (quoting) (citing) United
States v Hammen, 977, F. 2d 379 (7th Cir 1992). "fraud starts due to the omissions of a
number fiduciary duties." 18 USC 1519 "Political Argument ": "[c]onstructive participation"
arbitrary mens rea undermining in truths of the avoidance that is obvious detachment.
(citing) Plessy v. Ferguson, 163 U.S. 537 (citing)Papachristou v. City of Jacksonville, 405 U.S.
156, 170 (1972)(quoting) Piatt v. Longworth's Devisees, 27 Ohio St. 159, 195 -96 (1875)
Allowing any orders to stand is arbitrary mens rea undermining.(quoting)(citing) Goldberg v
Kelly, 397 U.S. 254 261 -62 (1970) (quoting)In Re: Allibhai, 939 F. 2d 244, 249 (5th Cir.
1991)(citation omitted) cert denied, 502 U.S. 1072, 112 S. Ct. 967, 117 L. Ed. 2d 133 (1992).
In Re: Hammen(citing)Mayer, supra note 16, at 2. (citing)Nation v United States, 10 -382 (Fed.
Cir. 2011) (citing) Newsome v Treasury, 2009- 30199(Fed. Cir.) Article III factors before
magistrate are formulated pertaining infection that proliferate and erode matters of issue in the
element due to executive order imposition that is [a] disguise victimization due to incomplete
treatment of a political case. [Korematsu] 18 USC 1519 interest of corruption should considered
in the difference to de novo. Who objects arbitrarily where there may injury may there may
impositions grease an impropriety opportunity .(quoting)(citing)United States v Kennedy, No.
08 -1172 (3rd 2009) Judicial Transparency and Ethics EnhancementAct of 2005 [Piatt]
(228)
Exonerating Actual Principle of Magistrate Justice Non - Arbitrariness Review
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Role To Collapse The Fraud"
Judicial Transparency and Ethics Enhancement Act of 2005
United States v Holzer The Respondents executive order is one such act flowing from them as
authors knowing their politically charged intrinsic and extrinsic effects [a] Pro Se could not
absolve. (quoting)(citing) United States v Cloud, 872 F. 2d 846, 851 (91h Cir. 1989) arbitrary
inducement of orders in the greys of government that are intentional infliction " are not lucky
chance procurement" due to unconstitutional ignorance.. The executive order is not the usual
practice where there is also duress minas associated [p]rejudiced especially in the early stages of
such complaint of federal claim. 1 L. Jayson, supra note 16, & 51 The executive order in its
nature with now with a double prejudice is not the constitutionally unusual. 18 USC 1519
"Political Argument ": "[c]onstructive participation" arbitrary mens rea undermining in truths of
the avoidance that is obvious detachment. The Plaintiff is and was eligible and capable to
convey matters in the simplicity of adverse possession in any species of duress. (citing)(quoting)
25 Am.Jur.2d Duress and Undue Influence §§ 3, 4, 10 (1966). 1519 interest of corruption
should considered in the difference to de novo. Who objects arbitrarily where there may injury
may there may impositions grease an impropriety opportunity .(quoting)(citing)United States v
Kennedy, No. 08 -1172 (3rd 2009) Deceptive stealth interference executive order is a
vulnerable element in the issue to prolifically interference making frivolous dissent or making
frivolous assumptive opinions erroneous facilitation future victimization positional exaction.
In Re: Tweel, 550 F.2d 297 [at] 25. "law enforcement unchecked by law is tyrannous
proliferation matters without the examination facilitates erroneous frivolous myth property"
"inter alia" (quoting) (citing) United States v Hammen, 977, F. 2d 379 (7t' Cir 1992). "fraud
starts due to the clouded omissions of a number fiduciary duties relates this issue back or
transfer "our action was unusual who object to clouded exaction or victimization" The executive
order made ready the opportunity for conspicuous egregiousness adversely effecting Plaintiff is
not accidental actual justice stipulates to instant case of transfer or affirmative de novo in the
difference clearer factorization viewpoint accordance with 18 USC 1519. 1 L. Jayson, supra
note 16, & contrary practice is also the original amnesia in government affairs plausible
deniability is known to be [a] blind egregious concession in executive orders that are often
overreaching invisible silence United States v Nixon " insider powers that destroy in arbitrary
practices" In Re: Tweel, 550 F.2d 297 [at] 25. Respondents holistically are overreaching with a
distorted criterion that is also implied aggravating distanced retention by allowing also "with
prejudice" order this circuits courts. (quoting)(citing) Olde Prairie Block Owner, LLC, 457
B.R. 692, 701 (Bankr. N.D. Ill. 2011) Deceptive stealth interference executive order is a
vulnerable element in the issue to prolifically interference making frivolous dissent or making
frivolous, assumptive opinion erroneous.(citing) United States v Cloud, 872 F. 2d 846, 851 (9"
Cir. 1989 ) Hammen Mayer, supra note 16, at 2. Magna Charta Ch. 39 (1215)principle of
arbitrariness who objects to [a] more truer prevailing interpretation in the interest justice
relating this legitimate matters back to the district judge or transfer matters to the District
of Columbia Circuit. In Re: Tweel, 550 F.2d 297 [at] 25. The underlying previous materiality
is formulized as it sets is adequate above a speculative level. (citing) King, 392 U.S. at 317.
"Original amnesia" should correct the right wrong grease of impropriety opportunity.
(quoting)(citing)United States v Kennedy, No. 08 -1172 (3rd 2009). arguably technical mens
rea terms. imperatively sue on the adjustments to the stipulating technicalities.(citing) United
States v Leon, 468 U.S. 897, 900 (1984) ( Black, dissenting) Rosenberg, " Justice in obedience
to his statutory obligation objective reasonableness was not weight favorably for the Plainitff in
the whole truth where money and estate is traceable "(Douglas)(quoting)(citing) Goldberg v
Kelly, 397 U.S. 254 261 -62 (1970) political charged defiance should not ignore American
Property Law entails too many tiaras that weigh to delegate without complication to the Plaintiff
that ignite Article III administrative retro- process to any said property or money.
[Kingslow v Treasury] 18 USC 1519 Younger The court record impact statement is the [bit]
fact to ignite [a] trace and is [a] point legitimate disseminating fraudulent natures as it sets is first
proof particular [bit] modus operandi is like to more where money is maybe the motive the
problem described sufficient weigh enough as intrinsic value legit proof of knowledge, the
Respondent were served. (quoting)(citing) Huddleston v United States, 534 U.S. 1051 122 S. Ct.
637 151 L. Ed. 2d 556 2001 U.S. who objects to straighten the ways of the court. The
Respondents are undermining is government secrecy and shielding liable truths in their assumed
constitutional immunities to ascertain or unreasonable retain said money and estate property.
[Clinton v Jones] ( Black, dissenting) Rosenberg, "Justice in obedience to his statutory obligation
objective reasonableness. " (citing) King, 392 U.S. at 317. (quoting)(citing)United States v
Kennedy, No. 08 -1172 (3rd 2009). arguably technical mens rea terms. In Re: Tweel, 550 F.2d
297 [at] 25. previous opinions are erroneous and imposition are distorted likely to reverse as
more truer.(citing) United States v Cloud, 872 F. 2d 846, 851 (9th Cir. 1989) 1 L. Jayson,
supra note 16, § 51. (citing) In Re: Kennedy, No. 08 -1172 (3rd 2009). in grey areas of
immunities.[ United States v Hammen]
[229]
Exonerating Actual Principle of Magistrate Justice Non - Arbitrariness Review
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Pecora Role "
Judicial Transparency and Ethics Enhancement Act of 2005
18 USC 1519 [Korematsu v United States] the parties to cases before this magistrate court is
entitled to an independent judgment. For a good discussion there is more need for more
litigation due the fact Plaintiff rights do not stop executive orders war against the US
Constitution as well as the Administrative Procedures Act. "[Q]uestioning the frivolous" in
regards to the 9th Amendment. Moreover, the Respondents safety harbors are enhanced by
executive orders in matters of government where money and property may have a traceable
motive back to the politician as Respondents. Whereas, those executive orders empowers
"invisibly dangerous methods of a myth to pointing away by plausible deniability."
Modus Operandi executive order act as distortion in the sophistication; [a]ctually imposition
egregious predisposition precursor "with prejudice" suppressing real tort matter and real
legitimate property. [Korematsu] "With Prejudice" still requires more litigation inter alia.
18 USC 1519 "With Prejudice" opinion can be instruments for inflicting pecuniary loss
(quoting)(citing) United States v. Benjamin, 328 F.2d 854, 863 (2d Cir. 1964) (holding that a
defendant lawyer or attorney who deliberately closed his eyes to fraud had a duty to see)
( quoting)(citing) Colby v J.C. Penny Co. 811, F. 2d 1119, 1124 (7th Cir. 1987) A court,
however, cannot dismiss the complaint on grounds of frivolousness until the issuance of process
and the responsive pleadings. (quoting)(citing) Bayron v. Trudeau, 702 F.2d 43,45 (2d Cir.
1983) (quoting)(citing)Green v. McKaskle, 788 F.2d 1116, 1120 (5th Cir. 1986) (a "liberal
opportunity for discovery" permits plaintiffs "to disclose more precisely the basis of both a
claim. ( "intended to remove technical obstacles impeding access to the federal courts. ");
( quoting)(citing) Harvey v. Clay County Sheriffs Dept, 473 F. Supp. 741, 745 (W.D. Mo.
1979)(" a defense and to define more narrowly the disputed facts and issues ") 1B Moore's
Federal Practice ¶ 4.02[1], at pp. 14 -16 (2d ed. 1984).
[230]
Exonerating Actual Principle of Magistrate Justice Non - Arbitrariness Review
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Pecora Role "
Judicial Transparency and Ethics Enhancement Act of 2005
The Western District of North Carolina and 4th Circuit Court of Appeals, all present order and
previous opinions are erroneous due to impositions of hierarchy; the Respondents executive
order are distorted due double knotted improper sanction. " Pecora: In Methods of Exoneration"
likely to reverse as more truer.(citing) United States v Cloud, 872 F. 2d 846, 851 (91h Cir.
1989) The Plaintiff has not been afforded an opportunity to develop the litigation further nor
where the amending supplements adjoining complaint as well as petition should have instituted
more proceedings; instead of a abandoning dismissal of this litigations issues assuming with a
prejudice frivolousness. Terry v Ohio " who should not object to equal protection of law in
ability to recover money as property." (citing)(quoting) United States v. Benjamin, 328 F.2d
854, 863 (2d Cir. 1964) (citing)(quoting) Adkins v. E.I. DuPont de Nemours & Co., 335 U.S.
331, 342 (1948) (28 U.S.C. § 1915(a) guaranteed "that no citizen shall be denied an opportunity
to commence, prosecute, or defend an action... solely because his wealth or poverty makes it
impossible to due any species of political arbitrary duress blatantly undermining with
obstruction) Marbury v Madison who objects to reasonable reliance in right to rely. 37 C.J.S.
Fraud - Pecora: "In Methods of Exoneration" it is generally recognized that the Plaintiff has a
right to rely, and may maintain action for such deceit. 37 C.J.S. Fraud § 34, p. 281; 23 Am.Jur.
952, Fraud and Deceit. (citing)(quoting) Flint v Haynes, 651 F.2d 970, 972 -73 nn.5 & 6 (4th
Cir. 1981), cent. denied, 45 U.S. 1151 (1982). (citing) In re: American President Lines, Ltd.,
804 F.2d 1307,1310 nn.5 & 6 (D.C. Cir. 1986)
[231]
18 USC 1519 the court record submitted by the Plaintiff has intrinsic value underlying matters
are upside down and is a smoking gun in liberal allowance legitimate. Article III case as is not
malicious nor vexatious. (citing) Hainer v Kerner, 404 U.S 519Demos v. Kincheloe, 563 F.
SuAU. 30, 33 (E.D. Wash. 1982) (courts tailor sanctions to maintain balance between
preservation of right to access and protection of judicial process). [United States v Holzer] ) The
Plaintiff/Pro Se is defending executive order in which the Respondents may not force a Plaintiff
to surrender to infection of the case nor the estate property" (quoting) (citing)Panachristou v.
City of Jacksonville, 405 U.S. 156, 170 (1972). Plessy v. Ferguson, 163 U.S. 537 (1896)
discourage arbitrary impositions in a political issue where money traceable due to the interest of
narrow lines corruption there may be exaction or coercion in the matter underlying. This case
has vexing problems that must imperatively to avoid and fix the injustice, pecuniary harm and
duress minas: unreasonable retention was not examined by due process rule of law.
(quoting)(citing)Furman v Georgia, 408 U.S. 238 (1972) (quoting)(citing) Lochner v New
York, 198 U.S. 1905.. (quoting)(citing) District of Columbia v Heller, 128 S. Ct. 2783
(2008). This litigation suffer undue dismal inaction not within the meaning and protections of the
US Constitution. (citing)(quoting) Griswold v. Connecticut, 381 U.S. 479 (1965) this district
court in so great the prejudice has " irrational discrimination" to assume that any aspect of the
court record is frivolous.
[232]
(citing)(Martineau, Frivolous Appeals: The Uncertain Federal Response, 1984Duke L.J. 845,
845 -49 (1984) (citing) Catz & Guyer, Federal In Forma Pauperis Litigation: In Search of
Judicial Standards, 31 Rutgers L. Rev. 655, 672 -79 (1978). (citing) Feldman, Indigents in the
Federal Courts: The In Forma Pauperis Statute - Equality and Frivolity, 54 FordhamL. Rev. 413,
415 -23 (1985).
[233]
[United States v Holzer] (holding that a defendant lawyer or attorney who deliberately closed
his eyes to fraud had a duty to see) (citing)(quoting) Colbv v J.C. Pennv Co. 811, F. 2d 1119,
1124(7 th Cir. 1987) In so great the great the prejudice in irrational discrimination has created or
is the allowing an administrative obstacle to the entire underlying entries by Plaintiff that are
still justifiably and amicable whereas a inquiry would have already absolve. Now, there is more
litigation appropriate for relief. Cooper v Aaron The Respondents arbitrary practice
contrary versus applications [judicial canon 3 -5] In re: Hughes v. Rowe, 449 U.S. 5, 14
1( 980) (per curiam) (attorney's fees incurred in opposing action may be recovered from plaintiff
when 'plaintiffs action was frivolous, unreasonable, or without foundation ") In re: Green, 669
F.2d 779, 781 -82 (D.C. Cir. 1981) (inmate filed over 600 complaints most of which were
dismissed as frivolous) [Rosenberg 1953, Vinson dissent] Those executive orders are intentional
implied effect for loss in their unconstitutional overreach against the Plaintiff to gain an undue
procurement in politically charged modalities of force or coercion has link to injuries or a loss.
(citing)(quoting) Means v. City of Chicago, 535 F. Supp. 455 (N.D. Ill. 1982) The Respondents
executive order did not entitle them in the color the office a dismissal nor where are entitled a
continued closure by dismal inaction.
[234]
28 U.S.C. § 1915(a) to enable plaintiffs who could not afford Any court of the United States may
authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or
criminal or appeal therein. therein.(citing)(quoting)H.R. Rep. No. 1079, 52d Cong., 1st Sess. 2
1( 892) (citing)(quoting) Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 342 (1948)
(section 1915 guaranteed "that no citizen shall be denied an opportunity to commence, prosecute,
or defend an action... solely because his poverty makes it impossible for him to pay or secure the
costs [of litigation , United States v Holzer Moreover, legitimate complaints are not barred in
the process safeguarding access to the courts. In Re: Tweel, 550 F.2d 297 [at] 25. "law
enforcement unchecked by law is tyrannous proliferation matters without the examination
facilitates erroneous frivolous myth property "inter alia" The Plaintiff has reason for much
documentation due endeavors of Respondents and right to rely that likely that underlying
communication submitted on the record futures would purge query more truer. Article IV
enable and compels a Plaintiff to continue in regardless of a preliminary judgment 31 USC 3733.
Where there is dismal inaction there is relentless diligence in the storms of suspicious fraud that
[at] one point will uncover. 18 USC 1519 Pecora: Methods of Exoneration]. (quoting) United
States v Keogh, 316 F. Supp, 921 (1970) (quoting)(citing)Stern v. Marshall, 131 S. Ct. 2594,
2610 (2011) (citing) In re: Marshall, 275 B.R. 5, 50-51 (C.D. Cal. 2002) recognized a cause of
action for tortious interference with the magistrate judge derives jurisdiction (citing) United States v
O'Grady, 742 F. 682 (2nd Cir. 1984) "What else will lie" (quoting)(citing) Cent. Bank of Denver
v. First Interstate Bank of Denver, 511 U.S. 164, 181 (1994) "Criminal liability for aiding and
abetting constitutes an ancient doctrine of criminal law." (quoting)(citing) Int'l Invest. Trust v.
Cornfield, 619 F.2d 909, 922 & n.15 (2d Cir. 1980) prolifically interference making frivolous
dissent or making frivolous assumptive opinion erroneous. In Re: Anderson, 483 U.S. at 640,
107 S.Ct. at 3039. (quoting) (citing) United States v Hammen, 977, F. 2d 379 (7"' Cir 1992).
"fraud starts due to the omissions of a number fiduciary duties." 18 USC 1519 "Political
Argument ": "[c]onstructive participation" arbitrary mens rea undermining in truths of the
avoidance that is obvious detachment. (citing) Plessy v. Ferguson, 163 U.S. 537
(citing)Papachristou v. City of Jacksonville, 405 U.S. 156, 170 (1972)(quoting) Piatt v.
Longworth's Devisees, 27 Ohio St. 159, 195 -96 (1875) Allowing any orders to stand is arbitrary
mens rea undermining.(quoting)(citing) Goldberg v Kelly, 397 U.S. 254 261 -62 (1970)
[235]
(quoting) Turner, supra note 2, at 618 (screening practices vary from district to district) A
court, however, cannot dismiss the complaint on grounds of frivolousness until the issuance of
process and the responsive pleadings. (quoting)(citing) Bayron v. Trudeau, 702 F.2d 43,45 (2d
Cir. 1983); (quoting)(citing) United States v. Benjamin, 328 F.2d 854, 863 (2d Cir. 1964)
arguably technical "wens rea" [United States v Nixon] underlying is are wealth based are not
whim of the Plaintiff there is an obvious blind eye in the fears to confront a political charge
impropriety or the is fear to confront political complication necessary in [a] truing process in
which impacting knowing a docket would have disparities immediately favor the weaker
Pro /Se Plaintiff. "avoidance" [Cinton v Jones]. (citing) (quoting) Shapiro v. Secretary of
State, 499 F.2d 527, 531 (D.C. Cir. 1974), aff d, 424 U.S. 614(1976) (quoting) (citing) Plaster
v. United States, 720 F.2d 340, 349 (4th Cir. 1983). The judiciary puts its own legitimacy at
risk in difference of executive orders cannot shape the courts dockets before a [ Pecora] pursuit
where justice will the fraud alive or may find fraud traceable. This district by this motion for
transfer is justified to strike and deaden the Respondents executive order it is insider abuse.
(citing) RTC v. Walde 18 F.3d 943 (D.C. Cir. 1994).(citing) Loumiet v Office of the
Comptroller, No. 10 -1288 (D.C. Cir. 2011) The Respondent executive order has a fraudulent
nature where a reasonably rely that reasonable understanding would question what else will
lie.[ Armstrong v Treasury] The axioms of law to readdress 18 USC 1519 that must guarded
from proliferation, deterioration and erosion of the pursuit in recovering the transfer of estate as
well as deposits in the estate total effects. Estate of Washington, George; Mt.
Vernon.(quoting)(citing)United States v. Henderson, 243 F.3d 1168, 1170 (9th Cir. 2001). .
In Re: The Federalist No. 51.; (citing) In Re: Rehnquist, supra note 38, at 18.
[236]
Exonerating Actual Principle of Magistrate Justice Non - Arbitrariness Review
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Pecora Role "
Judicial Transparency and Ethics Enhancement Act of 2005
United States v Hammen Implementation of Standards of Professional Conduct for
Attorneys, 17 C.F.R. § 205.3(b)(2) Duty to report evidence of a material violation in the report
has occurred, is ongoing, or is about to occur. Article III factors the favor the Plaintiff. (citing)
Armstrong v Treasury, 2009- 3155 (Fed. Cir.) (citing)Newsome v Treasury, 2009- 30199(Fed.
Cir.) (citing) Oneida Indian Nation v County of Oneida, 414 U.S. 661 (1974) In Re: Strauss,
supra note 88, at 5. there is a violation of the law occurring The Respondents executive order
know they are suppressing this suit not to litigate, suppressing much detailed documentation. The
executive order is so great the prejudice, whereas that defiance also manipulates issue judicial
ladder . Younger v Harris Defiant willful blindness is -letting the fox guard the chicken coon"
violating separation of powers principles. This has become clear through various acts of
misconduct. The Respondents cannot be left to regulate themselves in total keeping governance
and guidepost the clean hands doctrine common in American Property Law: US Treasury
Bank Law, Administrative Law. The Respondents cannot be left without [jealous case] of estate
of properties. "Jealous Care" has too many tiaras adverse complications at the dispense of ill -will
effects reluctant to fulfill fiduciary expectations to the Plaintiff. (quoting)(citing)United States
v. Henderson, 243 F.3d 1168, 1170 (9th Cir. 2001). (quoting)(citing)Monogahela Navigation
Co. v United States, 148 U.S. 312, 326 (1893)(citing) United States v Hammen, 977, F. 2d
379 (7th Cir 1992). This is a sophisticated government agency financial case causative by the
Respondents executive order and wanton activities that adverse effect in deprivations as well as
encroach the Plaintiff The Respondents executive order imposition in so great the prejudice is
probable to proliferation make [a] way for undue exaction. United States v Nixon, 418 U.S. 683
(1972) In Re: Halberstam, 705 F.2d at 478.
[237]
Frivolous is an "opinion of instrument the inflicting pecuniary loss" Id. Benjamin, 328 F.2d
854, 863 at 23. unanswered (quoting)(citing) United States v. Benjamin, 328 F.2d 854, 863 (2d
Cir. 1964) (holding that a defendant lawyer or attorney who deliberately closed his eyes to fraud
had a duty to see)Jones v Jones United States v Holzer, 816 F. 2d 1014(7th Cir. 1987) The
silence of underlying materiality is ripe to whom objects to method exoneration. 31 USC 310
Pecora: Methods of Exoneration]. (quoting) United States v Keogh, 316 F. Supp, 921
(1970)The Plaintiff complaint and petitions as well as supplement have intrinsic value as
exculpatory material containing therein requires diligent exoneration procedures and processes pursuant
against the Respondents legitimate wrongdoing that imperatively must sue. The Respondents in greys
areas of immunities have imposition of executive order in so great the prejudice knowingly suppress with
egregious silence much documentation, torts, natures and facts ripe knowing to sue in recovery of "
effects of estate securities and property " inter alia of Washington, George Mt. Vernon, Virginia.
[238]
Pecora: Methods of Exoneration]. (quoting) United States v Keogh, 316 F. Supp, 921 (1970)
"Congress equally could not have intended that Respondents holding themselves out as members
of these ancient professions and as representatives of US Treasury should be able to escape
criminal liability on a plea of ignorance when they have shut their eyes to what was plainly to be
seen or represented a knowledge they knew they did not possess. " Magna Charta Ch. 39 (1215)
(quoting)(citing) Keech v. Sandford, 2 Eq. Cas. Ab. 741, Cas. Ch. 61, 25 Eng. Rep. 223 (1726).
[239]
(quoting)(citing) United States v. Benjamin, 328 F.2d 854, 863 (2d Cir. 1964) arguably
technical wens rea terms. imperatively sue on the adjustments to the stipulating
technicalities. (citing) United States v Leon, 468 U.S. 897, 900 (1984) "uncover the fraud and
manipulation in unreasonable retention associative with any species of political duress that is
danger of proliferation, subversion or deterioration of this litigation as it sets. 18 USC 1519
( quoting)(citing) United States v. Benjamin, 328 F.2d 854, 863 (2d Cir. 1964)
(citing) [Pecora's relentless investigations and persistent questions] would question intrinsic
value probably would cause a right to rely on the materiality of impact statements submitted in
complaint and petition on the court as it sets.
[240]
(quoting)(citing)United States v Kennedy, No. 08 -1172 (3rd 20091. (quoting) (citing) United
States v Hammen, 977, F. 2d 379 (7th Cir 19921 "fraud starts due to the clouded omissions of
a number fiduciary duties relates this issue back or transfer "our action was unusual allowing
positional duress who object to effectuation of clouded exaction or clouded victimization" With
Prejudice" compounded by Respondents executive order is a intrinsic silence that may be
deceptive. [Pecora] (quoting) In Re: Tweel, 550 F.2d 297 [at] 30. "Silence can be only equated
with fraud where the legal or moral duty to speak or where inquiry left unanswered would
intentionally misleading" to extend and grease the overreach in estate and properties.
(quoting)(citing) Mono gahela Navigation Co. v United States, 148 U.S. 312, 326 (1893) The
Respondents executive orders and "with prejudice" in assumptive frivolous opinion is an
intrinsic suppressive detached silence where the is legitimate "good cause argument" throughout.
(quoting)(citing) Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 342 (1948)
(28 U.S.C. § 1915(a) guaranteed "that no citizen shall be denied an opportunity to commence,
prosecute, or defend an action solely because his wealth or poverty makes it impossible to due
any species of political arbitrary duress blatantly undermining with obstruction) underlying
submission articulated by the Plaintiff. [ Pecora ](quoting)(citing)Armstrong v Treasury, 2009-
3155 (Fed. Cir.) [Terry v Ohio] (citing)United States v. Benjamin, 328 F.2d 854, 863 (2d Cir.
1964) arguably technical mens rea. Mayer, supra note 16, at 2. In so great the prejudice politics
is a key to grease wheels that may defraud in suppressed materiality silence that should have
already imperatively argued by ways of this court's main events docket.
[241 ]
United States v Holzer [N]ow there is more retro - litigation in the difference of the underlying
infection and flaws with this case ripe to de novo. Terry v Ohio [ Deceptive prolific stealth
interference ] (quoting)(citing) Plessy v. Ferguson, 163 U.S. 537 (1896)(quoting)(citing)Olde
Prairie Block Owner, LLC, 457 B.R. 692, 701 (Bankr. N.D. Ill. 2011)SELIGMAN, supra note
19, at 38. [ "Pecora "] United States v Johnson, 383 U.S. 169 (1966) The conflicting interest a
venality problems within this motion has strong impression should be sufficient and legitimate.
because it takes two to create a deception deceiver and deceived initiate an investigation in
lieu of transferring to the District of Columbia Circuit. Article IV whom or which would not
object due to factors of underlying materiality and natures of issue entailing [a] predicament of
potential loss by ways of exaction. (citing) Awabdv v City of Adelanto, No. 02 -57118 (2004)
The Respondent executive order are creating frauds like those taking place because it takes two
to create a deception deceiver and deceived. The Respondents color sof office is designed to
prevent. (citing) McGrain v Daugherty , 273 U.S. 135 at 4 (1927) "to investigate
circumstances, investigate specific allegation and facts." (citing) Awabdv v City of Adelanto,
No. 02 -57118 (2004)
[242]
(citing) Nation v United States, 10 -382 (Fed. Cir. 2011) [Sassower v. Mangano]
The Respondents are undermining issue in contrary to practice that do not strike or spiral down
elementary principle of trust law and American Property Law as the entail tiaras as well as axiom
of law that benefit the Plaintiff in whole equal protection of the with any discriminations to
ascertain property for others.
[243]
Exonerating Actual Principle of Magistrate Justice Non - Arbitrariness Review
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Pecora Role "
Judicial Transparency and Ethics Enhancement Act of 2005
[Sassower v Mangano] (recommending that Congress revisit the definitions and standards
proposed in the amendment for regulating attorney conduct) should remain the province of the
judiciary, not the executive (citing)[ 148 CONG. REC. 56524, 56552 ] (daily ed. July 10, 2002)
(statement of Sen. Edwards). Id. at 56554 (statement of Sen. Enzi); Letter from the American
Bar Association to Senator Paul S. Sarbanes (July 19, 2002), violate separation of powers
principles. The Respondents executive order may infect and distort "opinion can be instruments
for inflicting pecuniary loss" (citing)(quoting) United States v. Benjamin, 328 F.2d 854, 863
(2d Cir. 1964) [A] constitutional court will fix the distortion and would fix obstructive
impositions in this financial beneficiary concern in conjunctive with the US Treasury where the
Respondents are political representative agents causative. discern and disable from forming
"constructive administrative tort in which is taking unfair advantage of others, using bargaining
position, sophistication, or other leverage causative to an exaction, unreasonable retention and
usurpation. Matters Before Magistrate are eexonerating in keeping actual justice due top prior
reviews where upside down steering the issue dangerously out constitutionally. Matters Before
Magistrate are exonerating factors in order to deter possibility of further judicial error in matter
the egregiously impact the 4th Circuit Courts where the intent of injury is also undermining
"not because there is fraud, but because there may be fraud ". (quoting) Piatt v. Longworth's
Devisees, 27 Ohio St. 159, 195 -96 (1875). `forbidding conflicts of interest by any species of
political duress ". (Rosenberg) Burke v Barnes, 479 U. 361, 363 (1987) "underlying matter
cannot be a subversive proliferation rescuing moot where wealth issue are in controversy"
[Terry v Ohio] ((quoting)(citing)In Re: by Stephen J. Wermiel Myths About The Ninth
Circuit: Arizona Law Review [ Vol. 48: 355 -365 (2006)] (quoting)(citing)Oneida Indian
Nation v County of Oneida, 414 U.S. 661 (1974) "Ditca" In the Difference de novo for the
Plaintiff to take possession of said estate effects of Washington, George; Mt. Vernon, Virginia
Mayer, supra note 16, at 2.
[244]
[Korematsu] Anti - arbitrary principles discern the Respondents implementations of executive
orders. "The end of law is not to abolish or restrain, but to preserve freedom."
(quoting) John Locke: Second Treatise of Civil Government § 57 (Peter Laslett ed., 1967)
Rosenberg 1953 (Visor, dissent).
[245]
"Reiteration Principle" of Magistrate Justice Has A Non - Arbitrariness Review
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Pecora Role "
Judicial Transparency and Ethics Enhancement Act of 2005
[United States v Cox] "Mistake" a strategic choice of district judge in the first original filing
`strategic choice not sue a right wrong plausible deniability where based prolific interference is
common place Article III controversy Terry v Ohio ( quoting )(citing)Randall - Speranza v.
Nassim, 107 F.3d 913, 918 (D.C. Gir. 1997) Advisory committee has expanded "mistake" in
liberal allowance to relay matters back. [ Deceptive prolific stealth interference is mistake
where it may betray judicial trust ] 28 USC 1519(a) mistaken the guarantee in frivolous is a
now known with impositions of executive order, whereas dis- associative distortion of problems
in the guarantee there was no mistake could be related back to the Respondents. "[a] rule of
procedure has a sphere of influence beyond its precise text "arose out of the conduct, transaction,
or occurrence set forth or attempted to be set forth in the original pleading. "[ Hainer v Kernerl
liberal re- allowance and reiteration of judicial error as mistakes requires an examination should
extend is a matter of taste in district as well as the en banc court previous review thereby present
no mistake is upside down inopportune positional duress. (citing)(quoting) Griswold v.
Connecticut, 381 U.S. 479 (1965) this district court in so great the prejudice has " irrational
discrimination" to assume that any aspect of the court record frivolous "with prejudice is a
mistake of intrinsic value" that factor weigh for a re- review of the judicial interpretations.
The Respondent executive order and frivolous is probably politically misconstrued defiant
willful blindness will "let the politcal fox guard the chicken coop" and violate separation of
powers principles. ) (citing)United States v Tillmen, 906 F. 2d 814, 821 (1990) 18 USC
1512(c) In Re: Rutkin "Key political figures are in position to grease that grease wheels of
the fraud who objects. Stump v Sparkman, 435 U.S. 349 The Respondents executive order may
infect, mistake and distort [the] previous "opinion can be instruments for inflicting pecuniary
loss" (citing)(quoting) United States v. Benjamin, 328 F.2d 854, 863 (2d Cir. 1964) In Re:
Tweel, 550 F.2d 297 [at] 30. " Frivolous is [a] silence can be only equated with fraud where
there was legal or is moral duty to speak or where no inquiry was made available to answer
would be [a] intentionally misleading mistake." "Political Argument ": "[c]onstructive
participation" arbitrary mens rea undermining in truths of the avoidance that is obvious
detachment. (citing) Plessy v. Ferguson, 163 U.S. 537 (citing)Papachristou v. City of
Jacksonville, 405 U.S. 156, 170 (1972)(quoting) Piatt v. Longworth's Devisees, 27 Ohio St. 159,
195 -96 (1875) (citing)(quoting) Colby v J.C. Penny Co. 811, F. 2d 1119, 1124 (7th Cir. 1987)
In so great the great the prejudice in irrational discrimination mistakes has created or is the
allowing an administrative obstacles to undermine entire underlying entries by Plaintiff.
Moreover, that are still justifiably and amicable ripe at this to de novo inquiry that should have
already absolved adverse possession issue. United States v Mandel, 591 F.2d 1347 [at 601 (4t'
Cir. 1979). The frivolous orders should be voided and moved away from a more restrictive
reading of that rules to double standard in where unreasonable retention must imperative argue in
iterations on particular allegations submitted the Plaintiff. This motion is a request to redirect,
correct and cure mistakes with present judicial azimuth still requires the administrative process
to be readdressed. The latitudes of the mistakes are inflicting silent instruments of opportunity
probable to cause loss and further torts to the Plaintiff. In Re: Benjamin, 328 F.2d 854, 863
at 23. (citing) Free v. United States, 879 F.2d 1535,1537 nd (7th Cir. 1989). Wilson v United
States Gov't, 23 F.3d 559,563 (1st Cir. 1994) (citing) Worthington v Wilson, 8 F.3d 1253,1256
(7th Gir. 1993) (stating that a lack of knowledge as to the proper defendant was not a mistake
for purpose of relation back) 18 USC 1512(c) "in method of exoneration" [Korematsu- Pecora
] stipulation to mistakes where assumptions error in this case redirect in with amicable and
affirmative may be compelling again matters before any court for reiteration and repudiation
of negligence per se [a] political charged issue before any court require the amount dicta caring
right to rely in common law. Marbury v Madison .(citing) United States v Cloud, 872 F. 2d
846, 851 (9th Cir. 1989) unconstitutional breech of the law causative. [Piatt] Article III factors
that favor the Plaintiff right to rely on particular allegations in underlying matters is enough
element in the issue ripe for reverse open the court on a points and tiaras due for reiteration as
well as repudiation of negligence per se. Armstrong v Treasury, 2009- 3155 (Fed. Cir.)
(quoting)(citing)United States v Kennedy, No. 08 -1172 (3rd 2009). (quoting) (citing) United
States v Hammen, 977, F. 2d 379 (7th Cir 19921 "fraud starts due to the clouded omissions of
a number fiduciary duties relates this issue back or transfer "our action was unusual allowing
positional duress who object to effectuation of clouded exaction or clouded victimization."
With Prejudice" compounded by Respondents executive order is a intrinsic silence that may be
deceptive. [Pecora] "Case authority so construing violation ample in number" (qutoing)
Alito, supra note 10 "avoiding statues is as a arbitrary cause of less enthusiasm in pursuit to
absolve the specific circumstances" that this district court to nullify and redirect powers that
destroy where the Plaintiff has favor "with equal protection under law untoward any specific
species of political damage" is ripe enough to redo de novo analysis by ways of the magistrate's
administrative courts reiteration as well as repudiation of negligence per se [Clinton v Jones].
Inter alia [A] jury may setup a different level of conduct due to "much documentary submitted
due [a] jurisprudence course of action" [United States v Keogh] matter underlying are issuable
facts for a jury are entered in articulate and narratively describe in clear explanation submitted
by the Plaintiff in the Western District Court of North Carolina and 4th Circuit of Appeals.
(citing)(quoting)Oriental Oil Company v. Brown, 130 Tex. 240, 106 S.W.2d 136.
(citing)(quoting) ( [B]arron_v Marusak, 359.5.W. 2d 77 (Civil Court of Appeals; Austin, Texas
1962) ) [a] magistrate court's reiteration ways are unsophisticated and without political in
vogue of positional duress . United States v Wilkes, No. 08 -50063 D.C. No. Cr. 00330 -LAB-
OPINION(9t` Cir. 2011) Cobell v Norton, No. 03 -5314 (D.C. Cir. 2004) Virenda Rajput v City
Trading, No. 10 -15405 D.C. Docket No. 1:10 -cv- 21654(1 lch Cir. 2012)[Mazzei]
[246]
"Reiteration Principle" of Magistrate Justice Has A Non - Arbitrariness Review
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Pecora Role "
Judicial Transparency and Ethics Enhancement Act of 2005
Cruikshank, (citing)(quoting) Oriental Oil Company v. Brown, 130 Tex. 240, 106 S.W.2d
136. Barron v Marusak, 359 S.W. 2d 77 (Civil Court of Appeals; Austin, Texas 1962)
United States v Mandel, 591 F.2d 1347 [at 601 Armstrong v Treasruy 18 USC 1519
procurement in politically charged modalities of force or coercion has link to injuries or a loss.
(citing)(quoting) Means y. City of Chicago, 535 F. Supp. 455 (N.D. Ill. 1982) The Respondents
executive order did not entitle them in the color the office a dismissal nor where are entitled a
continued closure by dismal inaction. [United States v Holzer] requires a courts "reiteration"
as well as repudiation of negligence per se "[c]onstructive participation" arbitrary mens rea
undermining in truths of the avoidance that is obvious detachment. Stump v Sparkman
Plessy v. Ferguson, 163 U.S. 537 Oneida Indian Nation v County of Oneida, 414 U.S. 661
(1974) Loumiet v Office of the Comptroller, No. 10 -1288 (D.C. Cir. 2011 ) [Tillmen]
[247]
"Reiteration Principle" of Magistrate Justice Has A Non - Arbitrariness Review
United States v Nixon versus United States v Hammen
"White- Collar Crime In Government Requires An Old Judicial Pecora Role "
Judicial Transparency and Ethics Enhancement Act of 2005
Cooper v Aaron(citing)(quoting)Ovama v. California, 332 U.S. 633, 645-46 (1948)
(subjecting a land - transfer statute that discriminated on the basis of national origin to heightened
scrutiny). this district court in so great the prejudice has " irrational discrimination" to assume
that any aspect of the court record frivolous "with prejudice is a mistake of intrinsic value" that
factor weigh for a re- review of the judicial interpretations. (citing)(quoting) Oyama v.
California, 332 U.S. 633, 645-46 (1948) (subjecting a land - transfer statute that discriminated on
the basis of national origin to heightened scrutiny). "opinion can be instruments for inflicting
pecuniary loss" [A] jury may setup a different level of conduct due to "much documentary
submitted due [a] jurisprudence course of action" [a] magistrate court's reiteration ways are
unsophisticated and without political in vogue of positional duress. "in method of
exoneration" arguably technical mens rea terms. imperatively sue on the adjustments to the
stipulating technicalities.(citing) United States v Leon, 468 U.S. 897, 900 (1984)
(citing)Morissette v United States, 342 U.S. 246 (1952)(holding that, in crime of theft of
government property, government must prove that defendant was aware that property had not
been abandoned by owner)( "intended to remove technical obstacles impeding access to the
federal courts. ") "fine points of technical procedure to move this litigation requires the
administrative process to avoid loss and avoid injustice stipulations due to any insider conflicts
not prevailing with proper interpretation of said problems articulated by any particular impact
statement allegations asserted against any political Respondent in government affairs."
Rosenberg, 346 U.S. 273 still requires the administrative process to be readdressed. The
latitudes of the mistakes are inflicting silent instruments of opportunity probable to cause loss
and further torts to the Plaintiff. (Rosenberg) Burke v Barnes, 479 U. 361, 363 (1987)
"underlying matter cannot be a subversive proliferation rescuing moot where wealth issue are in
controversy" "not because there is fraud, but because there may be fraud ". "fine points of
technical procedure who objects" to the Respondents executive order that grease the wheels of
the fraud. (citing)(quoting) United States v Green, 786, F. 2d 247, 249- 57(7th Cir. 1986)
Respondents executive order is an un recommend imposition require such further proceedings to
be had as may [be just] under the circumstances. (quoting)(citing)Monogahela Navigation Co.
v United States, 148 U.S. 312, 326 (1893) The Respondents executive orders and "with
prejudice" in assumptive frivolous opinion is an intrinsic suppressive detached silence where
there is a sickening legitimate "good cause argument" reiteration throughout the underlying
matter on the court submitted on behalf of the Plaintiff. Benjamin, 328 F.2d 854, 863 [at 11.
Watkins v United States "Political Argument ": "[c]onstructive participation" in so great the
prejudice is not be able to protect values of Pro Se case and estate. need more true fine points iteration
where are obvious issue is vulnerable to political original amnesia. [Oyama v California]
United States v. Carolene Products Co. 304 U.S. at 152 n.4. Rehnquist — Pecora criticism in
the methods of exoneration versus requires a court's "reiteration" as well as repudiation of
negligence per se" where is money is traceable. [Kingslow v Treasury] 1B Moore's Federal
Practice ¶ 4.02[1], at pp. 14 -16 (2d ed. 1984). In Re: Tweel, 550 F.2d 297 [at] 30. Terry v Ohio
"Ditca" In the difference de novo for the Plaintiff to take possession of said estate effects of
Washington, George; Mt. Vernon, Virginia Mayer, supra note 16, at 2.
- - - - -- Dean Rammelsberg
1301 Summit St., D4
Marshalltown, IA 50158
-- 3f(8)
rnt» -u i iceiv
W1011 chickens come'
home to roost?
Iowa City Council will decide Tuesday whether to allow urban
By Lee Hermiston
Iowa City Press- Citizen
arlier this year, Jason and Chris-
tine Peters were thinking about
getting a third dog.
But after some contempla-
tion, the couple — who lives in the cen-
ter of Hills — decided to try something
different. Thanks to the community's
new urban chicken ordinance and a
handy neighbor, the couple built a coop
and pen and brought home four chick-
ens.
"We love it; we do," Christine Peters
said of the fowl. "They're really fun to
watch, fun to watch and fun to care for."
Soon, Hills' neighbors to the north
could get in on the chicken action, as
well. On Tuesday night, the Iowa City
Council is expected to approve the third
and final reading of ordinances that
would allow Iowa City residents to keep
chickens in their own
backyards. The vote
comes after several
years of cam-
paigning from 0`4#
chicken enthusiasts.
Assuming the ordi '
. x t-
c,
n
m
nances pass — and there are no issues
with their neighbors — Iowa City resi-
dents could soon become chicken own-
ers, just like the Peters household. How-
ever, city officials and chicken experts
warn that making your home ready for
the birds takes planning and prepara-
tion before they can come home to roost.
"Like any animal, a person should
consider it if they have the time, money
and space to care for it," said Jarrett
Mitchell, a former chicken owner and
local urban chicken advocate. "Chick-
ens are pretty easy to care for. I think
that it is more about the owner shifting
their perception of the chicken away
from something like a wiener dog or
novelty pet and understanding it as
more of a hybrid - agricultural pro-
ducer."
Misha Goodman, director of the Iowa
City Animal Care and Adoption Center,
and her staff will have the ultimate say
in who gets approved for chickens. And
if you come to Goodman seeking a
chicken permit, you had better have
done your homework first.
"When somebody applies,
they've got to have a good idea of
what they need to do," Good-
"Like
v-1lvi auu iWi,uroan TiF,, vocate
L M
"When they apply, we're going to say,
`What's your plan? "'
The proposed chicken ordinance out-
lines specifications on where the coop
and pen may be located and require-
ments on cleaning up after the chickens
and collecting eggs. Goodman said the
pen can take up the entire yard as long
as proper measures are taken to keep i
the birds from getting out and predators
from getting in. Applicants will be sub-
ject to a visit from animal services to
make sure their setup makes the grade.
"Let's say we go out and in their yard
they have a tree — like in my yard — a
conifer with a bunch of lower limbs
right next to the fence," Goodman said.
"We're going to say, `You need to figure
out a way to keep the chickens away
`-gym this tree. We're going to be do-
ig a lot of that in the inspections."
As for the coop, Goodman said
the permit doesn't outline how the
shelter has to be built, but there
are some requirements. The coop
has to be draft -free but ventilat-
ed, have a floor off the ground
spa ruirvrjus. Pape 2A
Monday, December., 2012
loreac
■
��
to g „
C
S
Chickens will eat about
! Continued from Page 1A
as much food as you give
sense
them, and they also can''be
more
k teen
I and be set up to protect the
fed some food scraps,
Mitchell said. Chickens
, sens-
birds from predators.
will eat dugs in the garden
)tional
i The coops can be hand -
while at tfie "same time fer-
made or kits can be pur-
tilizing itwith their waste.
chased online.
Goodman said she has
"It's definitely some-
noticed during the ongo-
list in
thing someone can do on
ink chicken discussions
Wit-
their own," Mitchell said.
that many who have been
at the
"It is always more re-
campaigning to keep the
rela-
warding to do something
birds within city limits
efuse
oneself rather than pay
have researched the topic
from
for it, but I think that un-
and are well informed.
t our
less you are experienced
Those who are less in-
nega-
at woodworking and you
formed are the ones who
Tess-
I have an understanding of
will be'turned down for
what types ofspacechick-
permits unless they can
when
ens need, people `should
prove they know what
hose
I buy one of the modular,
they are getting into,
and
mobile, tractor coops "
Goodman said.
with-
The per doesn't out-
"We will have people
hem,
1 line how old the chickens
who haye not applied in
!d on
have to be before,, eir
the appropriate fashion
is."
purchase, nor °does it
. who wfll, get the cart be-
make any restrictions
fore tle'horse," she said.
about breeds Goodman
"We'llhaveto say, `No, sor-
notes that chicks do re-
ry, you _ can't do it that
quire extra care in terms
way. "'
of keeping them, warm in
Jarrett suggested that
I the winter. She also said
those ° hoping to bring
I chickens will "highly re-
chickens home spend the
I duce" their egg laying af-
winter devising a plan for
ter about three years.
obtaining a permit. The
Mitchell said he's
process is "complicated,
owned different breeds of
costly and time consum
chickens but always has
ing," but also, ultimately,
kept Black Austrolorps
obtainable, he said.
part of his flock.
"A chicken will proba-
"I always kept Black
bly be the stupidest pet
a Austrolorps because they
you will ever own," Mitch-
average about 380 laid
ell said. "But also one of
eggs per year," he said.
the most rewarding, as
"That's slightly more than
well as the tastiest. So
one per day, and they are
have fun."
www backyardpoultrymag.com
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printed on recycled pacer
F.
m
Marian Karr
3f(9)
From:
Melvin Kelly < kellyresearchplan @yahoo. com>
Sent:
Wednesday, January 02, 2013 11:45 AM
To:
abiede @rochestermn.gov ; cdent @augustaga.gov; cdiamonde @trentonnj.org;
cdm @wwisp.com; celestel @pacbell.net; center @weingart.org; cgriffith @biloxi.ms.us ;
cheribarry@meridianms.org ; chip.beckett@glastonbury- ct.gov ; chmorrell @nola.gov ;
chn @chn.org; chris.lee @mail.house.gov ; chris .mulvaney @chicagowilderness.org ;
christen.moore @mail.house.gov; christopherc @cityofwestsacramento.org ; cio @ame-
church.com ; cityclerk @dalycity.org ; cityclerk @derrynh.org ;
cityclerk @melbourneflorida.org ; CityClerk @quincyil.gov ; citycommission @salina.org ;
citycouncil @cityoflamirada.org ; citycouncil @cityofrichfield.org ;
cityhall @melbourneflorida.org ; cityhall @valdostacity.com ; cityhall @westonfl.org ;
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clfowlerjr @suddenlink.net ; cliff @wvon.com ; cmomail @springfield - or.gov ; Rainbow
Coalition; cohmayor @co.hawaii.hi.us ; Commission @largo.com ;
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;council-distl@brgov.com ;council-distlO@brgov.com ;council-distll@brgov.com ;
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council @altoonapa.gov ;council@ci.pearland.tx.us ;council@cityoffullerton.com ;
Council; council @shreveportla.gov ; council @suffolkva.us
Subject:
Building a Better America 2013 by Melvin Lorenzo Kelly
Attachments:
2013 Letter to Tony F. Mack.doc; 2013 Letter to Tony F. Mack.doc
From: Melvin Lorenzo Kelly
2014 Olive Rd.
Augusta, Ga. 30906
706 - 796 -3044
E -mail: kellyresearchplankyahoo.com
To: The Mayor of Trenton NJ,
The Hon. Tony F. Mack
Sub: Building a Trenton, NJ (Trenton City Council Meeting)
Date: January 1, 2013
Cc: Trenton, NJ Elected Officials
U. S. Elected Officials
Dear Hon. Tony F. Mack,
Unfortunately by me not living in Trenton anymore I was unable to express my opinion
about Trenton at one of your "meet the mayor sessions" or the meeting held by the city
council members pertaining to "building a better Trenton."
Trenton is my native home and I have a very large amount of my relatives and friends
presently reside in the Abbott Apartment Senior Apartments on the Corner of Hoffman
and Oakland Ave. I think it is a shame that seniors who worked so hard in life that is in
their golden days have to be subjected to violence, killings and gun fire daily living in
that area.
I make it my personal business to go on the computer every day to read the Trenton
Times and Trentonian News Paper to find out what is going on in our home town.
The amount of black on black crime that exist within the African Americans communities
behind robberies, drugs and gang violence is far beyond ridiculous. I am aware that
Trenton was in turmoil all- around when you entered into office, and it is so sad to see the
city declining year after year violently.
I believe employment and employment training would be one great element to help battle
crime and violence, but at the same time reshaping or face lifting troubled urban
environment would help also.
Approximately one year ago I recommended by letter that the city of Trenton establish
laws that would prohibited the selling of alcoholic beverages within so many feet of a
housing authority development or public school.
In addition to my previously recommendation I would like to include removing any
business from troubled neighborhoods that drug dealers and gang members prey upon to
promote their illegal activities. Business can be relocated downtown, and small stores can
be open in senior buildings, but the life of a dead person can never be given back.
Drug dealers and gang members have a stronghold on neighborhoods like the corner of
Oakland and Hoffman Ave., Stuyvesant and Hoffman Ave and Chambers St. and Walnut
Ave. because of the flow of consumers purchasing food and alcohol in those
environments along with purchasing illegal drugs.
Year after year certain environments within Trenton continue to produce nothing but
gang members and drug dealers. Most people living within these neighborhoods
especially the housing projects have become complacent, dishonest and content and the
drug dealers are happy because of the flow of traffic from outsiders.
By removing certain business from certain areas that action will cause the resident to
become more active reaching out for what they need and quite certain neighbors.
Why does Trenton have so many liquor stores within those small 7.5 squares in the
African American Communities?
Alcohol and idleness is a trigger for drug use such as cocaine, crack and heroin.
Creating new zoning laws and business districts within the city will shake the foundations
and foot holes of the criminal minded. The previous Trenton administration tore down
old homes to build new ones, I believe demolishing and relocating business (liquor stores
and corner stores) that draw drug dealers and drug users within the neighborhoods of
Trenton will help build a better Trenton and many other cities across America.
For more information on my proposed project to help build a better Trenton please
contact me.
Let's build a Better America,
Melvin Lorenzo Kelly
r
111= p CITY OF IOWA CITY 9
MEMORANDUM
Date: January 2, 2013
To: Tom Markus, City Manager
From: John Yapp, Dept. of Planning and Community Development %�< X7;�--
Re: Selection of a preferred developer for the private redevelopment of the northeast corner of
College St / Gilbert St
Introduction
At the City Council's Dec 18 meeting, the City Council selected three finalist development proposals for
the northeast corner of College St / Gilbert St: 4 Zero 4, The Chauncey and Chauncey Gardens. The
City Council also requested that staff develop a decision - making matrix to assist in selecting a preferred
developer. A staff - recommended matrix is attached, as is additional information from each development
team staff solicited following the December 18, 2012 City Council discussion of the College St / Gilbert
St development proposals.
Discussion
The decision - making matrix consists of five general sections, each of which contain criteria /factors
which can be scored. It is staff's belief that these five sections encompass the general criteria to
consider when considering selection of a preferred developer. The five sections are weighted to reflect
what staff considers their respective importance.
Financial Considerations are proposed to be weighted as 30% of the total score. This weighting
is due to the City's ownership of a majority of the property, and the significant amount of Tax
Increment Financing each project has requested. If TIF financing is approved for the project, the
City will ultimately be acting as an investor in order to achieve public goals, including
redevelopment of vacant property, increasing workforce housing stock, creating Class A office
space, establishing downtown destinations, potentially enhanced public open space, etc.
2. The Mix of Uses are proposed to be weighted as 25% of the total score. The identified tenants of
the buildings, total number of dwelling units including workforce units, the unit mix of rental vs. for
sale, and the other uses proposed in the building are all significant factors. In staff's judgment, the
mix of proposed uses is an important factor to consider in the final product, second only to financial
considerations.
3. Design Elements are proposed to be weighted as 20% of the total score. Design elements such
as the Swan Park facade, pedestrian -level facade, relationship of the building to surrounding
properties, and evidence of sustainable design are important considerations. Because design
considerations are more subjective, staff recommends they not be weighted as high as other
considerations. Staff requested the applicants address design considerations with narrative and
images (attached to matrix).
January 3, 2013
Page 2
4. Mass and Scale elements are proposed to be weighted as 15% of the total score. Mass and scale
elements are certainly related to the design and mix of uses proposed in the buildings, but staff felt
it was appropriate to separately identify measureable qualities (height, square footage, the building
shadow), of the proposed buildings.
5. The Applicant Statement is proposed to be weighted as 10% of the total score. Staff requested a
statement from each proposer to provide information about their team's experience, passion and
vision for this project. This was also a chance for each proposer to identify qualities of their project
which may not have otherwise been addressed. While this statement is important, it is also
perhaps the most subjective of all the criteria, and therefore is proposed to be weighted at 10% of
the total score.
Impact of selection of a preferred developer
The goal is to select a preferred developer and development proposal for the College St / Gilbert St
property. This selection would direct staff to begin negotiating a development agreement with the
preferred developer. Concurrently, the developer would have the assurance to complete additional
design work on the project. This will enable more detailed information to be provided which would be
used to perform a more detailed financial gap analysis, which would in turn be used as the basis for a
formal request for Tax Increment Financing. Selection of a preferred developer does not guarantee
implementation of that proposal — but it does provide enough assurance for the developer to proceed to
the next phase of design, negotiation, and financial analysis.
Staff also recommends the City Council select the second- and third - most - preferred developer. Staff
would recommend negotiating with the second - most - preferred developer if a mutually - agreeable
development agreement cannot be reached with the preferred developer.
Another subsequent step in the process will be to rezone the property from P — Public to another zone
(the MidAmerican Energy property is currently zoned CB -5, Central District Support Zone). The CB -10
Central Business District Zone would be the appropriate zone for each of the final three development
proposals given their scale. The CB -10 Zone currently extends to the western half of Gilbert St, directly
across the street from this property.
The CB -10 Zone allows a variety of retail, eating establishment, personal service and office uses. Any
drinking (alcohol) establishments would also be subject to the same zoning rules as other CB -10
properties. This property is part of the Downtown Planning District in the Comprehensive Plan. The
Comprehensive Plan does not address this property specifically, but states: The logic of promoting
higher density residential development in the Downtown Planning District rests in the concept that
people who live in and near downtown will walk to work (or classes in the case of University of Iowa
students), will patronize downtown businesses, will add to after -hours vitality, and create a sense of
safety in the downtown. Higher density development in the downtown also reduces pressure on the
less dense older neighborhoods surrounding downtown.
Recommended Action
A. At the January 8 City Council Work Session, staff will present the elements in the decision - making
matrix, and ask that Council 'accept' the matrix as -is or make changes to the proposed weighting of
January 3, 2013
Page 3
the criteria. We are aware that there may be differences of opinion in how certain factors are
weighted.
B. For the next step in the process, staff will walk through the criteria in the matrix, and solicit scores
from the City Council for each criterion. We will ask that for each criterion of each project a score of
1, 2 or 3 be given, with 3 being 'best' or 'most desirable.' If there is Council consensus on scores,
we will simply input those scores into the matrix for each criterion. If there is not consensus, we
propose averaging the scores of individual Councilors before proceeding to the next criterion.
As an example, if in the '# of floors and gross square footage' criterion, three Councilors give a
score of 3 to The Chauncey, and three Councilors give a score of 1, the score will average out to 2.
C. Finally, as all the scores are entered, a weighted average score for all three projects will be
generated. Staff will enter scores on a laptop and project them onto the screen as the discussion
unfolds.
D. The decision - making matrix is meant to assist in the discussion and identification of important
elements of the project proposals. It does not however substitute for formal Council action at the
formal Council meeting. We anticipate proceeding through the matrix at the informal meeting, and
will have an item on the formal agenda for Council to, by motion, select the preferred proposal and
second - most - preferred proposal for the redevelopment of the northeast corner of College St and
Gilbert St. Council members should consider the matrix, public comment, developer information,
and other factors in their decision - making at the formal meeting.
Alternative
Scoring the projects is intended to assist Council with their decision - making. If there is consensus for a
preferred developer without going through the process of assigning scores, Council may simply identify
the preferred developer and first alternate by motion during the formal January 8 City Council meeting.
We look forward to the discussion on January 8.
Cc: Jeff Davidson, Director, Department of Planning and Community Development
Attachments
Score each project element with a 1, 2 or 3. A score of 3 is'best' or'most desirable.'
Preliminary Financial Information - 30% of Total Score
Mix of Uses - 25% of Total Score
4 Zero 4
The Chauncey
Chauncey Gardens
Generic CB -5
Project cost:
Score
Project cost:
Score
Project Cost:
Score
Building for
$33,450,274
$53,830,112
$48,429,265
comparison
TIF request and TIF %of
$5,500,000 request
$13,450,000 request
$12,000,000 request
0
project cost
16.4% of project cost
25% of project cost
24.8% of project cost
Stated owner equity &
$3,743,132 equity
$5,000,000 equity
$9,000,000 equity
unknown
equity % of project cost
11.2% of project cost
9.3% of project cost
18.6% of project cost
NDC- calculated taxable
Kaeding Shorts
$9.50 (staff
(stae)
value w/ 51% residential
$18,996,471
$29,841,652
$22,330,835
esttimat
estimate)
rollback
71 total units inc.
74 total units inc. 11
79 total units inc. 25
NDC- calculated estimated
9.05 years
14.08 years
16,79 years
0
time to retire TIF
11 workforce sale
30 -year Present Value as
See attached present
See attached present
See attached present
See attached
estimated by NDC
value table
value table
value table
- -- -
present value table
Average Score
30 sale
38 sale
24 sale
64 rental
Mix of Uses - 25% of Total Score
Generic CB -5
4 Zero 4
Score
The Chauncey
Score
Chauncey Gardens
Score
Building for
comparison
2 FilmScene Theaters
Identified (letter of
New Pioneer Co -op /
/ Rohrbach Assoc.
New Pioneer Co -op /
intent /interest)
Architects / N.
Unspecified retail
Bike Library
Riverside Theater
commercial tenants
Kaeding Shorts
Burgers
—
71 total units inc.
74 total units inc. 11
79 total units inc. 25
Total dwelling units and
41 workforce rental
workforce rental and
workforce rental
64 total units
workforce units
11 workforce sale
units
units
units
Unit Mix (based on
-- - –
55 rental
41 rental
........ - - - --
36 rental
- -- -
submitted information)
30 sale
38 sale
24 sale
64 rental
rental and for -sale
Cafe / Bowling alley /
2 floors office space /
Other uses
2 floors office space
35 unit hotel / 3
theater
N/A
floors office space
Exterior public space -
14,533 SF community
27,446 SF terraces /
SF amenities/ common
see developer
space - see developer
plaza / dining - see
Minimal
area
statement
statement
developer statement
Average Score
Design Elements - 20% of Total Ranking
Mass and Scale - 15% of Total Score
4 Zero 4
Score
The Chauncey
Score
Chauncey Gardens
Score
Generic CB -S
Statement from applicant
4 Zero 4
Score
The Chauncey
Score
Chauncey Gardens
Score
Building for
regarding experience,
See applicant
See applicant
See applicant
comparison
Evidence of sustainable
See applicant
See applicant
See applicant
N/A
design
statement
statement
statement
108,000 GSF
Swan Park facade and
See applicant
See applicant
See applicant
i
N/A
improvements
statement & images
statement & images
statement & images
N/A
Pedestrian -level facade
See applicant images
52
See applicant images
On -Site parking spaces*
See applicant images
N/A
inc. streetscape
Exterior materials
See applicant
See applicant
See applicant
N/A
proposed
statement & images
statement & images
statement & images
Relationship of building to
See applicant
See applicant
See applicant
N/A
surrounding properties
statement & images
statement & images
statement & images
Average Score
I
Mass and Scale - 15% of Total Score
* All proposals appear to meet residential parking requirements for the CB -10 Zone. No parking for commercial is required in the CB -10 Zone.
Applicant Statement - 10% of Total Score
4 Zero 4
Score
The Chauncey
Score
Chauncey Gardens
Score
Generic CB -S
Statement from applicant
4 Zero 4
Score
The Chauncey
Score
Chauncey Gardens
Score
Building for
regarding experience,
See applicant
See applicant
See applicant
comparison
# Floors and gross square
9 Floors
20 Floors
18 Floors
5 Floors
footage
138,728 GSF
283,332 GSF
212,126 GSF
108,000 GSF
Commercial /office square
footage inc. main level
65,466
102,946
66,259
i
20,000
Shadow effect
See images
See images
See images
N/A
43
52
On -Site parking spaces*
52
52
Average Score
* All proposals appear to meet residential parking requirements for the CB -10 Zone. No parking for commercial is required in the CB -10 Zone.
Applicant Statement - 10% of Total Score
4 Zero 4
Score
The Chauncey
Score
Chauncey Gardens
Score
Generic CB -S
Buildin
Statement from applicant
regarding experience,
See applicant
See applicant
See applicant
N/A
vision & passion for the
statement
statement
statement
project
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COLLEGE - GILBERT REDEVELOPMENT SITE: Concept -Level Revenue, Expense and Development Cost Detail by
Project Component /Use - Prepared by National Development Council
Rev: 1/3/13 8:21 AM
Project Development Team 4 Zero 4 The Chauncey Chauncey Gardens
Rental Residential
Total Units
41
36
55
Workforce Units
41
11
25
Area - SF
40,013
39,450
36,370
Gross Annual Rent
507,792
938,880
741,684
Average Rent /SF /Month
1.06
1.98
1.70
Net Operating Income
147,580
530,969
430,032
Component Project Cost
10,606,340
12,494,210
13,802,341
Rental Retail / Commercial
Office
42,698
34,850
20,300
Other - Hotel
0
20,900
0
Other - Bowling Alley & Cinema
0
24,853
0
Other - Caf6 /Restaurant /Bar
0
3,800
11,800
Other - Fitness Center
0
13,065,000
4,000
Subtotal Rental Retail /Comm.
42,698
84,403
36,100
Gross Annual Rent
688,292
1,507,525
1,106,880
Average Rent /SF /Year
16.12
17.86
30.66
Net Operating Income
443,547
1,173,288
644,439
Component Project Cost
11,318,059
23,037,940
11,380,877
For Sale Residential
Units
30
38
24
Workforce Units
0
11
0
Area - SF
31,660
43,551
32,009
Average Price / SF
322.43
299.99
395.14
Total Projected Sales Revenue
10,208,000
13,065,000
12,648,117
Component Project Cost
6,704,439
13,792,730
12,591,609
For Sale Retail / Commercial
Retail
22,768
0
24,631
Office
0
17,425
0
Other - Theater
0
0
8,069
Subtotal For Sale Retail /Comm.
22,768
17,425
32,700
Average Price / SF
213.02
250.00
188.54
Total Projected Sales Revenue
4,850,000
4,356,250
6,165,215
Component Project Cost
4,821,436
4,505,234
10,654,438
Total Residential Units
71
74
79
Total Workforce Units
41
22
25
Parking
No. of Stalls
42
0
28
Associated Area - SF
0
0
0
Annual Revenue /Stall - Gross
22,680
0
600
Net Operating Income
21,092
0
16,800
Component Project Cost
0
0
0
Total Area of Project Components
137,139
184,829
137,179
Total Project Cost of Components
33,450,274
53,830,112
48,429,265
$ /SF - Average for All Components
243.92
291.24
353.04
Total Area - RFP Submission
138,728
283,322
182,301
Total Project Cost - RFP Submission
29,041,061
53,830,350
48,429,265
$ /SF - Average - RFP Submission
209.34
190.00
265.66
Calculated Valuation for Property Taxes
Rental Residential (assume 100% condo)
Net Operating Income
147,580
530,969
430,032
Fair Market Value @ Est. 7.5% Cap Rate
1,967,733
7,079,587
5,733,760
Rental Retail / Commercial @ $185/SF
7,899,130
15,614,555
6,678,500
For Sale Residential @ Sale Price
10,208,000
13,065,000
12,648,117
For Sale Commercial @ Sale Price
4,850,000
4,356,250
6,165,215
Other Components
Parking - FMV @ N0I /7.5% Cap Rate
281,232
0
480,000
Total Calculated Valuation
25,206,095
40,115,392
31,705,592
With Residential Rollback to 51%
18,996,471
29,841,652
22,330,835
Devo. Estimate of Valuation
14,715,183
31,449,500
38,000,000
Difference from Calculated Valuation
- 4,281,288
1,607,848
15,669,165
Annual Property Tax Increment @ 3.2%
Calculated Valuation
607,887
954,933
714,587
Developer Estimate
470,886
1,006,384
1,216,000
Requested TIF Support - Component
5,500,000
13,450,000
12,000,000
Est. Years to Repay - Calculated Increment
9.05
14.08
16.79
Requested TIF Support - RFP Response
5,500,000
13,450,000
12,000,000
Est. Years to Repay - Calculated Increment
9.05
14.08
16.79
Julie Voparil
From: Marian Karr
Sent: Monday, December 31, 2012 8:03 AM
To: Julie Voparil
Subject: FW: Final PDF for the RFI 404
Attachments: 404 RFI Response.pdf
From: Tim Dwight [mailto:tim.dwight @ipowercorp.com]
Sent: Friday, December 28, 2012 3:42 PM
To: John Yapp; Jeff Davidson; Council; cgproject @iowa - city.org
Cc: Jake Christensen; Justin Doyle; Mark Seabold
Subject: Final PDF for the RFI 404
Dear John, Jeff and City Council,
I hope this email finds everyone enjoying the holiday break. Nice to have a white Christmas for once.
Attached is the final response to the requests to address additional comments and concerns regarding the corner
development of College and Gilbert Streets. In the following pages you will review a shade study, new spreadsheet
(condo sales, workforce housing, office space, New Pi, etc), Sources and Uses, a narrative on the importance of New
Pioneer Cooperative, the Bike Library and the connection our design has to the surrounding buildings, elements and
Chauncey Swan Park.
Time and time again we have heard from the public that New Pioneer Coop needs to be given the opportunity to
expand and explore new services that are not attainable at their current location. What an exciting time for our local
grocer to move up to the next level of retail. I believe we have that opportunity to not only drive property tax /sales
tax revenues but also provide a place of residence to our local citizens. The lifestyle to live vertical, sustainable and in
proximity of the many amenities that our unique downtown has to offer. We believe out project not only
demonstrates and holds these core values of Iowa City close but we also strongly believe in providing the best
financial opportunity for our tax paying citizens. This building will be a proud addition to what Iowa Citians believe
is our future.
Once again we are truly motivated about the opportunity to build the first net -zero building in Iowa City. From
locally sourced and re -used materials, renewable energy technologies, smart design and sustainability being our core
focus, this building is a gateway to new and innovative developments that we, as a community, must emphasize and
demand out of our developers and builders. We as a society must move this direction for these investments will
dramatically effect and shape Iowa City, our country and the world as we know it.
We are looking forward to seeing everyone again in January. Happy New Year!
Tim Dwight
Business Development
Integrated Power Corporation
448 Ignacio Blvd. #188
Novato, CA 94949
C 319.631.2006
O 415.884.5555
F 415.884.5557
This e -mail may be privileged and/or confidential, and the sender does not waive any related rights and obligations.
Any distribution, use or copying of this e -mail or the information it contains by other than an intended recipient is
unauthorized. If you receive this e-mail in error, please advise me (by return e-mail or otherwise) immediately.
r
I
REQUEST FOR INFORMATION
COLLEGE STREET i GILBERT STREET NORTHEAST CORNER SITE
SUBMITTED BY
JAKE CHRISTENSEN
TIM DWIGHT
JUSTIN DOYLE
DECEMBER 28, 2012
TABLE OF CONTENTS
Building Height and Square Footage of Main Level ............ 3
Shading
- Summer Solstice from 7 AM and 9 AM .....................4
Shading
- Summer Solstice from 11 AM and 1 PM ...................5
Shading
- Summer Solstice from 3 PM and 5 PM ......................6
Shading
- Winter Solstice from 8 AM and 10 AM ........................7
Shading
- Winter Solstice from Noon and 2 PM ..........................8
Shading
- Winter Solstice at PM .................... ..............................9
Shading
effect on Trinity Episcopal Church ............................10
4 zero 4 in Numbers ......................................... .............................11
4 zero 4Identified Uses .................................... .............................12
Sustainable Features and Energy Efficiency .............................13
Chauncey Swan Park.......
14
College Street Pedestrian Level ..................... .............................15
Gilbert Street Pedestrian Level ..................... .............................16
Exterior Building Materials ............................ .............................17
Neighboring Properties ................................. .............................18
Developer's Statement .................................... .............................19
Appendix
Letter of Intent from Bike Library
Letter of Intent from New Pioneer Coop
FOURiZEROiFOUR 2
I
BUILDING HEIGHT AND SQ. FT. OF MAIN LEVEL ,
BUILDING HEIGHT
4 Zero 4 proposes a 9 story building that includes the New Pioneer Co -op on the ground floor, two floors of commercial office space and five
full floors of residential units (totaling 69 units plus the 2 units on the 9th floor) for a total of 71 units.
OFFICE/ COMMERCIAL SQUARE FOOTAGE
Parking level has 1,400 SF of Retail Space — Bicycle Library
Ground Floor has 18,374 SF of Retail Space — New Pioneer Food Co -op (including loading dock)
C2 - Commercial Office Second Floor has 21,349 SF (excluding circulation space)
C3 - Commercial Office Third Floor has 21,349 SF (excluding circulation space)
FOURIZEROIFOUR s
I
SHADING - SUMMER SOLSTICE FROM 7 AM AND 9 AM ,
1�
Iowa Avenue
I Co
rl-.
� II
_i 1 - � •II I I cI
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F
urlington Street
6/21 summer solstice 7:00am
-
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a I
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L
r
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--
— Burlington Street
Ara .;
6/21 summer solstice 9:00am
FOURiZEROiFOUR 4
I
SHADING SUMMER SOLSTICE FROM 11 AM TO 1 PM ,
Iowa Avenue - -
TI I I I! 1 I
�I
-
I I
0 I III
�- Burlington Street
6/21 summer solstice 11:00am
- -- - -_
Iowa Avenue -It - L
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al .III y ! L
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F r-
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I I I I I I I
6/21 summer solstice 1:00pm
FOURiZEROiFOUR 5
SHADING - SUMMER SOLSTICE FROM 3 PM AND 5 PM
Iowa Avenue
—IT , t — — _- — - -rI -
I
-
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1 I I I I NI
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B urlington Street
6/21 summer solstice 3:00pm
A',®rie
I Iowa Avenue
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—�- - _ Burlington Street
6/21 summer solstice 5:00pm
I
F
FOURiZEROiFOUR 6
SHADING - WINTER SOLSTICE FROM 8 AM AND 10 AM
ca�rs.+s. •3 ��"�
'Iowa Avenue
l
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12/21 winter solstice 8:00am
Iowa Avenue
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- - - - - - - Burlington Street - -
- - - - - - - - - - -- - - I 1 1
12/21 winter solstice 10:00am
I r -
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FOURIZEROIFOUR 7
SHADING - WINTER SOLSTICE FROM NOON AND 2 PM
A',®riv
Iowa Avenue
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_
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12/21 winter solstice 12:00pm
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12/21 winter solstice 2:00pm
FOURiZEROiFOUR 8
SHADING - WINTER SOLSTICE AT 4 PM
A',®riv
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12/21 winter solstice 4:00pm
FOURiZEROiFOUR 9
SHADING EFFECT ON TRINITY EPISCOPAL CHURCH
A',®rie
Due to the location, buildings built on this site will shadow t he Trinity Church during the early hours of the summer months.
With a very rough model and Trinity's first scheduled service at 7:45, we have determined that a building +/- 70 feet tall at Gil-
bert Street will not cast a shadow, assuming the church is at the same elevation as the College and Gilbert site.
In order to not shadow Trinity during the 7:45 service, 4 Zero 4 would need to eliminate one floor of Commercial Office Space
and two floors of apartments (28 units of Work Force housing). We feel this would fall short of the City's goals to provide both
commercial office space and residential units for Iowa City. See attached revised image.
4 Zero 4's current scheme utilizing the same model will cease to shade Trinity Church at 9:05 on June 21st With a more accurate
model of Trinity church including land survey information we feel this time could be 10 or 15 minutes earlier. Also the existing
trees along Gilbert Street shade Trinity Episcopal Church during the summer months.
4 Zero Ts current scheme utilizing the same model will cease to shade Trinity Church at 9:05 on June 21st. With a more accurate
model of Trinity church including land survey information we feel this time could be 10 or 15 minutes earlier. Also the existing
trees along Gilbert Street shade Trinity Episcopal Church during the summer months.
FOURiZEROiFOUR 10
4 ZERO 4 IN NUMBERS
A',®rie
PARKING SPACES
43 lower level spaces + 7 College Street diagonal short -term spaces
GROSS SQUARE FOOTAGE OF BUILDING
138,728 gross square feet
MAIN LEVEL'S USE
New Pioneer Co -Op
DWELLING UNITS
71 dwelling units
WORKFORCE DWELLING UNITS
41 units
FOR SALE UNITS VS. RENTAL UNITS
30 for sale units
41 rental units
FOURIZEROIFOUR
11
4 ZERO 4 IDENTIFIED USES
4TH -9TH FLOORS
Residential Units
2ND AND 3RD FLOORS
Office Units
1ST FLOOR
New Pioneer Co -Op
BASEMENT
Iowa City Bicycle Library
A',®riv
FOURiZEROiFOUR 12
I
SUSTAINABLE FEATURES AND ENERGY EFFICIENCY ,
4
4 Zero 4 is proposing a Net Zero, LEED Platinum Building. We are not concerned with "green washing" our building. We are passionate
about our ability to decrease our energy usage. This community values responsible development and recognizes that buildings are the largest
contributors to global warming and energy use. 4 Zero 4 will lead Iowa City with a uniquely suited and capable new concept. Sustainable
buildings are our team's passion and experience.
We are proud to provide you with an option the community has lobbied for so openly. By selecting 4 Zero 4's proposal, Iowa City residents
will understand that the City Council values development that considers its environmental impact as an important issue.
DAYLIGHTING AND GLASS RATIO
4 Zero 4 has selected a glass ratio of 25% for the proposed building. This amount is high enough to maximize the use of natural daylight in the
space but does not require aggressive use of shades (too much daylight in the space requires the user to block it out). This ratio also allows a
high percentage of the exterior of the building to be solid, thus decreasing the demands on the mechanical systems.
NATURAL VENTILATION
Fresh air is drawn into the building through two different sources: all occupied living space is within a few feet of an operable window (there-
fore maximizing the effectiveness of nice weather), and through a series of building -wide shafts that draft air naturally.
The building -wide shafts utilize the height of the building and passive solar design principals to draw air into the building — this is also known
as the "stack effect" and is most often observed in fire places. During moderate temperatures and humidity, this air is untreated and requires
no energy to distribute throughout the building (whereas traditional construction requires an air handler). However when the weather re-
quires this air stream to be heated or cooled, a solar thermal coil or liquid desiccant dehumidification system is enabled. These systems require
a fraction of the energy that traditional HVAC systems require.
SOLAR THERMAL ENERGY
Solar collectors and a large thermal storage system provide not only the domestic heating water needs, but also heat required to operate the
ventilation system during the coldest parts of the winter. In the summer, this heat source is used to dehumidify the ventilation air through the
liquid desiccant system
SOLAR PHOTOVOLTAIC ENERGY
4 Zero 4 proposes to provide the largest building -mount solar panel system in Iowa, totaling 364kW of electricity generation with 1300 panels.
Furthermore, by cladding the southern exposure of the building with photovoltaic panels, the panels act as a shading device which lowers the
amount of energy needed to cool the building during the summer months.
GEOTHERMAL EARTH - COUPLED SYSTEMS AND HEAT RECOVERY
4 Zero 4 will use an open loop geothermal system to extract and reject energy into the ground hundreds of feet below the structure. This por-
tion of the mechanical system will provide cooling and heating during the extremes of the year's weather.
LOCAL AND REUSED MATERIALS
Wherever possible, we will utilize local sources of materials such as insulated wall panels, concrete, electrical components, and solar panels.
Post - consumer waste such as used material from remodeling projects, recycled car windshields, and telephone pole timber will be integrated
into the architecture of the building to connect the occupants to society's "disposable" approach to goods.
RESULT
Our energy models show that a traditionally - constructed building of same geometry as the proposed 4 Zero 4 would utilize 6.2GW -hr of
electricity annually. Through the use of the energy features listed above (and many more not able to be described in this limited venue), we
anticipate the building will use 1.3GW -hr of source energy each year excluding the production of electricity and hot water through the renew-
able systems, for a reduction of 79% against "baseline" ASHRAE 90.1 construction standards.
When incorporating the renewable systems into the energy model, the annual anticipated usage is now 70OMW -hr for a reduction of 89 %.
This remaining load is approximately the same as the kitchen energy consumption for New Pioneer Cooperative.
FOURIZEROIFOUR 13
CHAUNCEY SWAN PARK
C:4
4 Zero 4 has identified Chauncey Swan Park as an existing Urban Oasis in the downtown area that should be preserved. Unlike the Pe-
destrian Mall, Chauncey Swan Park offers a landscaped and buffered area with grass lawns that complement and provide green space for
children and activities during the Iowa City Farmer's Market. It also offers an established front plaza to City Hall and is an ideal place for
downtown picnics.
4 Zero 4 envisions protecting the existing landscaped border and many of the established trees during construction. We seek to promote
the edible landscaping beds that were established in 2012 and recreate the natural, small park setting that exists after construction. 4 Zero
4 will work with the City to make improvements to the existing park and also work with Iowa City's Public Art Advisory Committee to
provide a public art piece to compliment the space.
4 Zero 4's proposal includes the existing alley space and utilizes this area to provide a series of stepped plazas from the higher elevation of
New Pioneer Co -op to allow the public a space to gather, dine, relax, and people watch. These plazas also provide space for entertainment
and larger gatherings. The highest level will be utilized by New Pioneer Co -op as an exterior dining area that can be enclosed during the
winter months to maintain the connection to Chauncey Swan Park year round.
4 Zero 4 is also bringing the Iowa City Bicycle Library back to downtown at the Chauncey Swan Park level. The Iowa City Bicycle Library
provides the park another dynamic, full time tenant to further activate the Park year round and expand Iowa City's Bicycle Friendly
Community status.
4 Zero 4's design for Chauncey Swan Park will allow it to continue its function as Urban Oasis in the heart of Iowa City for the public's use
and not undermine what makes the Iowa City Pedestrian Mall great by trying to duplicate existing events and activities.
FOURiZEROiFOUR 14
COLLEGE STREET PEDESTRIAN LEVEL
A',®rie
College Street is one of the main pedestrian routes into downtown Iowa City from the east side. 4 Zero 4's scheme recognizes this and
provides a pedestrian scaled building fa4ade that allows for seating along the building to enjoy the company of friends and neighbors you
may meet during your walk downtown, shopping at the Co -op, doing business or visiting friends. The seating along the College Street
side includes incorporated planting beds and is under a solar canopy for shading. Trees are incorporated along the street for shading and
as a natural feature.
4 Zero 4's main entrance is at the corner of College and Gilbert with the front door facing College Street. This is the most important cor-
ner of the site and has the strongest urban connection to Iowa City. This entry will see daily pedestrian use for access to the Commercial
Offices, to the Residential Units and for the New Pioneer Co -op. Although the parking ramp will provide parking for Co -op customers we
are providing 7 diagonal parking spaces for short-term patrons as well as ample bicycle parking. Bus routes will be maintained at College
Street and will provide front door access to this location.
The New Pioneer Co -op space has a large window to capitalize on natural light and views out of and into the store along College Street. 4
Zero 4's scheme also uses materials familiar to downtown, the Co -op and the neighborhood beyond to transition itself and be respectful
of its location. 4 Zero 4 will utilize reclaimed brick from the existing building on site (former John Wilsoris Sporting Goods location) to
tie into the history of the site. While working with New Pioneer on a finalized interior layout additional windows may be added in the
brick areas to offer views and natural light to employees.
The loading dock for the Co -op is located along College Street at the east end of the building to keep truck traffic off Gilbert Street in order
to maintain traffic flow along the Gilbert Street arterial. This door will be sheathed in reclaimed wood to respect the level of pedestrian
traffic flowing past it daily and reflect New Pioneer's environmental mission.
4 Zero 4 realizes that access to Chauncey Swan Park from College Street is important and incorporates a walkway between the Parking
Ramp and our building to access the park This reestablishes the connection that once existed via the exterior stairway.
FOURiZEROiFOUR 15
GILBERT STREET PEDESTRIAN LEVEL
A',®rie
Although the main building entrance faces College Street, the building is designed to focus attention to the urban corner at Gilbert Street as
well. A feature glass stair with wood screening connects the building circulation to Gilbert Street and Iowa City by offering views of downtown
at every level encouraging stair use in a visible, interactive manner.
The Gilbert Street pedestrian level is designed to be an urban facade incorporating more windows for viewing into the New Pioneer Co -op
from Gilbert Street and to provide more natural light into the space. This facade also incorporates a stylized "French Market Canopy" to create
a pedestrian friendly scale and protect the west facing glass from the afternoon sun exposure.
Brick is incorporated as a feature element and to tie into the Co -op's existing downtown character. Reclaimed brick will be utilized in the new
brick wall to reflect the sites history. Seating will also be incorporated into the Gilbert Street facade with planting beds to soften the pedestrian
experience.
New Pioneer Co -op's other entry point is at the northwest corner of the building where the stepped plaza connects to the Gilbert Street level.
This also provides a mid -block entry to Chauncey Swan Park, the stepped plaza seating and entertaining areas, bicycle parking, the Bicycle
Library and the Chauncey Swan Parking garage.
North of the mid -block entrance Chauncey Swan Parks existing vegetated buffer will remain to provide established landscaped protection.
FOURiZEROiFOUR 16
EXTERIOR BUILDING MATERIALS
4 Zero 4 is proposing a building that is as varied and vibrant as the community
in which it is built. This is not a downtown nor a residential site, but a site that
needs to relate to both and provide a connection in a responsible way. The
strong 3 story base of the building responds to the urban condition while the
stepped back °U" shaped upper levels maximize corner residential units and
allow natural light to penetrate deeper into the building at all levels.
4 Zero 4 has carefully selected quality building materials for our project that
provide for this transitional site as well as reflect and promote our buildings
sustainable values. These materials reflect a palate that will stand the test of time
from both a design and quality standpoint.
GROUND FLOOR
At the building's ground floor brick, glass and concrete are utilized that reflect
Iowa City's downtown building fabric. Planting beds are included to soften the
building and conned it to both Chauncey Swan Park and the neighborhood to
the east. Brick is used as a feature material to tie into the history of New Pioneer
Co -op's South Van Buren street location and as a material utilized throughout
the eastside neighborhoods.
IOWA CITY'S HISTORY
4 zero 4 plans on reflecting the history of the site by utilizing reclaimed painted brick from the sites existing building (former John Wil-
son's Sporting Goods location) that will be incorporated into the new brick walls.
METAL PANEL SYSTEM AND GLASS WINDOWS
The main building material utilized above the ground floor will be a metal panel system to provide a quality insulated building skin with
longevity and subtle character. Operable and fixed glass windows are utilized responsibly to capitalize on natural light and provide dra-
matic views to Iowa City while allowing the main wall system to provide a more responsibly insulated building overall.
WOOD
Wood is incorporated into the building at the stepped back residential levels through the use of sliding exterior screen walls. This permits
the building's upper levels to change daily depending on the inhabitant's desires for privacy or seasonal sun shading. This helps break
down the scale of the building and creates a more interactive and visual experience for both our residents and the residents of Iowa City.
Wood is also being incorporated into the building fa4ade as a rain screen system to provide a warmer, more natural palate at the build-
ing's commercial office levels. The wood will be reclaimed lumber such as salvaged telephone poles milled down to dimensional lumber
or sustainably sourced IPB or Alaskan Cedar; both are naturally protective woods which require no finishing. This material also relates
to the established trees in the eastside neighborhood.
REINFORCED CONCRETE
Reinforced concrete slats are utilized at the stair towers to provide a deeper colored element and highlight the glass stairwells on the
northeast and southwest corners. Produced from high grade raw materials this product can be completely recycled and is an extremely
durable and long term.
PHOTOVOLTAIC PANELS
4 Zero 4 is also utilizing its power generating Photovoltaic Panels as a high impact design element. As well as producing power at the roof
level where it will be glimpsed along the building edges the panels will also cascade down the southern face of the building as a dramatic
sustainable element.
Overall the design and materials of 4 Zero 4's proposal have been selected to reflect the transitional nature of the site and to provide the
most responsible exterior skin in terms of quality, insulation, maintenance and visual impact. By showcasing our sustainabi ity through
the use of reclaimed, sustainable and energy generating materials we hope this building will serve as an Icon for future sustainable devel-
opment in Iowa City.
FOURIZEROIFOUR 17
I
NEIGHBORING PROPERTIES ,
BUILDING SCALE
4 Zero 4 has stated very clearly that the scale of any building on this site is very important. This has also been made by many members
of the public via both written and verbal comments at the December 4th Public Hearing.
4 Zero 4's proposed building relates to the other buildings downtown by maintaining Iowa City's downtown core. The downtown Pe-
destrian Mall is the center of Iowa City. This is also where the tallest buildings are clustered. This establishes a city center. We have
considered the size of our building carefully from the beginning and it was based on the College and Gilbert site lying outside of the
downtown core and directly adjacent to the lower scale east side neighborhood. This is not the site for the tallest building in Iowa City
and it is careless to consider otherwise.
4 Zero 4's building makes the transition and relates to the east side neighborhood beyond through its size. The east side neighborhood
has had a number of projects that have been built or are currently under construction that have ignored how they relate to the overall
content of the established neighborhood. We feel we have been considerate in providing a similar number of residential units to the other
proposals and sized those units to provide housing for those working in and around Iowa City in a building of appropriate scale.
BUILDING MATERIALS
4 Zero 4's building materials are taken from those existing downtown and adjacent to our site as well as reflecting on the more natural
setting of the eastside neighborhoods. Our materials also reflect our commitment to sustainable construction which was positively com-
mented upon by members of the public via both written and verbal comments at the December 4th Public Hearing.
4 Zero 4 has provided a design that reflects the scale of the nearby properties and provides a stepped back building at the 4th story that
allows the upper stories to not encroach on the pedestrian traffic.
SOLAR STUDY EFFECTS ON CHURCH AND PARK
The solar study provided in this supplemental information shows that 4 Zero 4's proposed building height has less shadowing impact on
Trinity Church, City Hall and Chauncey Swan Park.
COLLEGE i GILBERT CORNER AND CHAUNCEY SWAN PARK
4 Zero 4 takes the College and Gilbert corner seriously as an important urban condition by locating our main entrance for all inhabitants,
employees, and building patrons. We have recognized that Chauncey Swan Park is an established urban oasis providing Iowa City with
an important amenity. We have designed our building to transition from the College Street elevation to the lower Chauncey Swan Park
elevation and provided for increased activity while still maintaining the character of the park.
PARTNERSHIP WITH NEW- PIONEER
4 Zero 4 also sees the incorporation of New Pioneer Co -op at this College and Gilbert site as helping to draw commercial traffic to the
existing commercial spaces located along College Street between Linn and Gilbert Streets. This site is essential to New Pioneer Co -op
due to its adjacency to the Chauncey Swan Parking Garage. This site will not see greater activity or incorporation into Iowa City's unique
fabric than with the inclusion of the New Pioneer Co -op at the College Street level.
FOURIZEROIFOUR 18
DEVELOPER'S STATEMENT
Jake Christensen
506 3`s Street
Suite 300
Des Moines, IA 50309
City of Iowa City
Atm. John Yapp and Jeff Davidson
410 East Washington Street
Iowa City, Iowa 52240
Dear John and Jeff;
A',®rie
We started the process of creating our project concept with three primary goals in mind. The first was to
design a building that engaged the neighborhood at the street level to bridge the downtown pedestrian
experience with the neighborhoods to the east 'The second was to design a building that was the appropriate
scale for the site. The third goal was to design a building that sets net zero as the standard for development
Our proposal is the result of my 12 years of urban development experience. My entire career has been focused
on urban infill development. My projects have included saving 100 -year -old structures from the landfill, and
developing the largest private geo- thermal residential building in Iowa. 4 zero 4 is the next step in responsible
development. It combines the principles of urban design and net zero living. The building will become
waypoint, engaging pedestrians to the street and the Chauncey Swan Park The residents will be able to
monitor their environmental footprint through active monitors in their apartments and condos. They can
engage their neighborhood amenities on foot and bicycle.
The residential floors of our building are a mix of for sale units and workforce housing units. The homes are
designed to allow a mix of living styles within the building. We want to encourage a sense of community and
ownership throughout the entire building. The upper floors will be sold to people who want to be a long term
member of the neighborhood, and the homes that will be for rent will target workers in the downtown area at
80% of the A1\/II.
Our entire team is focused on creating a building that is an asset to the people living in and around the
building. The building will turn an abandoned lot into a contributing component of the area. 4 zero 4 will
create its own power, and a destination for people to enjoy the amenities of the New Pioneer Coop, the Bike
Library, and Chauncey Swan Park.
Thank you for your time in reviewing our proposal. We are proud to submit our vision for what is possible
Respectfully,
V�
Jake Ctnistensen
President
Christensen Development
FOURiZEROiFOUR i9
too
15
LjBR ARA
September 11, 2012
TimDwight
Christensen Development
506 3rd Street
Suite 200
Des Moines, IA 50309
Dear Tim:
IOWA CITY Bicyck LIbRARY
A PROJECT OF EwiRoAmEMAI Advoc 7Es, INN.
P.O. Box 1831, IowA CiTy,14 52244 -1831
www.bikEfihMRy ORCI
On behalf o the Iowa City Bike Library and our volunteers and leaders, I am excited to offer this letter
of support for your proposal to develop the College St / Gilbert St Northeast Corner Site. We are
particularly enthusiastic about the opportunity that you are offering the Bike Library to return to the area
that we have called home for the past eight years. We recognize that our location is a key component in
our success and ability to serve the public.
Beyond the inclusion of the Iowa CityBike Library, your proposal demonstrates a powerful commit-
ment to a livable and sustainable Iowa City. Your use of solar power along with the goal ofcreating a
net zero energy building — perhaps the most energy efficient building in the country — is most
commendable.
Furthermore, we also would like to express our deep gratitude for allowing us to use space in your
building at 700 South Dubuque Street. In light ofrecent discussions, news stories and social media buzz
surrounding the redevelopment ofthe College St / Gilbert St. site (and the imminent demise of our
current location) we have received an outpouring of support and concern from the community regarding
our short and long -term fixture. Thanks to your generosity, we have been able to keep our supporters at
ease.
Thank you for your help and thank you in advance for your support in the new building. We look
forward to a long and mutually beneficial and sustainable fixture together. We wish you the best of luck
with your propo sal.
Sincerely,
Brian Loring
Iowa City Bike Library
RPM
E :�4
Letter of Intent for Mixed Use Project
This Le(ler of Intent pertaining to a mixed use development Project is entered into on ,
2012 by and between a Zero 4, 1,LCC'Developer ") and New Pioneer's Cooperative Society
( "New Pioneer ").
Recitals
A. New Pioneer is a cooperative association formed under the laws of the state of Iowa
presently operating grocery stores in Iowa City and Coralville, Iowa. New Pioneer is interested
in expanding and relocating its Iowa City retail business operations to an alternate facility that
better serves New Pioneer, its members and the community. New Pioneer is aware of the City of
Iowa City's interest in seeking requests for proposals for a project to be built at the northeast
quadrant of the intersection of College and Gilbert Streets in downtown Iowa City ( "Site ").
Subject to the requisite approvals of its membership and Board of Directors, New Pioneer is
interested in pursuing the Site as a possible location for its relocated business activities.
B. Developer is a developer of real estate projects and has indicated an interest in
developing a multi -use commercial/residential project on the Site (the "Project"). Once the City
of Iowa City ( "City ") completes and publishes its Request for Proposals ( "RPP" ), Developer is
contemplating submitting a proposal for the acquisition of the Site for development of the
Project.
C, New Pioneer is interested in being a part of the Developer's Project, and the Developer
desires having New Pioneer be an occupant of the Project, believing New Pioneer's participation
enhances the feasibility of the Project.
D. The parties wish to enter into a non - binding letter of intent to express the basic
parameters for their continuing discussions and negotiations for New Pioneer to be included as a
proposed occupant of the Project in connection with the Developer's proposal to be submitted to
the City, and ultimately for the parties to enter into a contract for New Pioneer's acquisition,
Construction, fixturing, occupation, use and operation of a portion of the Developer's Project.
Expression of Intentions
1. Participants. Developer intends to submit a timely Project proposal to the City in response
to the City's anticipated RFP. Developer further intends on being the principal developer and
owner of the Project, most likely through one or more development entities that Developer may
form. The parties recognize that a Project of this size may require additional investors and
financing through one or more sources. Additionally, the parties recognize that this Project will
require the involvement of multiple professional consultants and participants such as architects,
engineers and other design consultants; accountants and lawyers; financial institutions; a
contractor; and various potential investors. Developer agrees to keep New Pioneer advised of the
key participants to be involved in the design, construction and financing of the Project, as well as
principal investors therein.
FOURiZEROiFOUR 21
E :�4
2. The Project. As presently conceptualized, the Project will involve one level of underground
parking; retail on the first floor (New Pioneer) level; two to four floors of office commercial; and
three to six floors of residential. It is anticipated that the building will be appropriately separated
into condominiums to allow the entire first floor, including mezzanine if required, to be a
separate unit to be acquired by New Pioneer, with other spaces in the building to be
condominiumized as the Developer may deem appropriate for either sale or leasing. The Project
will be built on three parcels now owned by the City as well as an additional parcel presently
owned by MidAmerican Energy Company. The land is described as follows:
Lots Five and Six, Block 43, of the Original Town of Iowa City, Iowa.
The, property excludes the alleyway along its north boundary, and the property is immediately
adjacent to a City parking facility along its east property line.
3. Project Contingencies. The parties acknowledge that the following are among various
matters that constitute contingencies that must be satisfied for the Project to proceed:
a. The City's proceeding with its request for proposals for the development, anticipated to
come out August 27t ", 2012.
b. The Developer submitting a proposal that is accepted by the City, such proposal to likely
contain elements for the City's financial support, such as reduced land cost, TIF
financing and/or other City participation.
c. Acquisition of the City's portion of the site under terms and conditions (price and any
covenants and /or restrictions) acceptable to Developer and New Pioneer.
d. Acquisition of MidAmerican's portion of the site under terms and conditions (price and
any covenants and/or restrictions) acceptable to Developer and New Pioneer.
e. Rezoning of the parcel as may be required for the anticipated uses (grocery /retail; office;
and multi - family residential) within the Project.
f City site plan and building permit approval of the Project under terms and conditions
acceptable to the Developer and New Pioneer.
In addition to the foregoing general threshold contingencies, the Developer will also have usual
and customary Project feasibility considerations before its final decision to proceed with the
Project, including requirements and conditions that may be imposed by the Project's investors
and lenders. As such, the Project will be conditioned upon feasibility based on Project costs as
well as final financing arrangements, all to be acceptable to Developer,
4. Purchase Agreement, The Developer and New Pioneer anticipate continuing their
discussions and negotiations in working towards a mutually acceptable purchase agreement and
related documents ( "Purchase Agreement ") containing final terms and conditions for New
Pioneer's purchase of a condominium unit on the ground floor of the Project, built out to a level
of finish defined in the Purchase Agreement. The Purchase Agreement will provide substantially
more details than presently contained in this Letter of Intent with regard to time frame, costs and
contract contingencies. This Letter of Intent expresses the parties' current intentions in general
terms for the purpose of providing a base for continuing discussions, negotiations, refinement of
Project details, and each party's more specific requirements.
FOURiZEROiFOUR 22
E :�4
Prior to entering into the Purchase Agreement it is anticipated that Developer will have waived
most if not all general and financial feasibility contingencies for proceeding with the Project, and
shall also be able to demonstrate such financial capacity as will be necessary to fully perform the
Project, whether through performance bonds, bank letters of credit or through other means
satisfactory to New Pioneer.
S. New Pioneer's Conditions and Contingencies. In order for New Pioneer to proceed with
any commitment to participate in the Project, it will have certain requirements including, but not
necessarily limited to, those in the following categories. Only preliminary specifications of these
conditions and contingencies arc set forth below, which arc expected to be refined and modified
as the parties get closer to implementing a Purchase Agreement:
A. Aourovals. New Pioneer's proceeding with this Project requires membership and
Board approvals. New Pioneer has obtained membership approval for entering into a purchase
agreement. Additional Board approval will need to be obtained at various phases of the Project
including, but not limited to, approval of the Purchase Agreement and satisfaction and/or waiver
of contingencies that may be reserved in the Purchase Agreement.
B. Plans and Specifications. Final plans and specifications for the configuration,
construction and shell build -out of New Pioneer's space within the Project will need to be
incorporated into the Purchase Agreement likely as an exhibit describing the intended condition
of the property at the time of closing and transfer of possession. Developer, through its
contractors, will construct the building and tit out the New Pioneer space to "Shell" condition
according to such plans and specifications as may be modified from time to time by agreement of
the parties and/or through a change order process. Subject to final plans and specifications, the
currently anticipated general features of the huild -out of New Pioneer's space within the Project
to "Shell" condition, is as follows:
Shell Description
It is expected that the New Pioneer condominium unit will be 100% complete on
the exterior of the building less signage, and that the interior of the shell includes
the following:
18 foot clear height to the underside of the structure
Concrete Floor that is hard steel troweled
Exposed concrete colurnns, bearers, and ceiling structure - unpainted
Provisions under -floor including rough -ins for refrigeration
Provisions for sanitary connections
The interior side of the exterior walls will include insulation and vapor
barrier only, ready for sheetrock
Rough -in provisions for a kitchen hood
Electrical service capacity for 1,200 AMPS
Mechanical, Plumbing, Electrical, and Fire Protection Systems and IT
infrastructure will be installed by New Pioneer in such a way that they are
independently metered systems
FOURiZEROiFOUR 23
E :�4
The entire build -out of the New Pioneer space in the Project from "Shell" to finished condition
will be completed by New Pioneer and/or its contractors.
C. Condominium Purchase Price. The final purchase price for the New Pioneer
condominium unit shall be subject to New Pioneer's and Developer's agreement.
It is anticipated that the purchase price will be determined based on the "Developer's
Cost" for the New Pioneer condominium unit built -out to "Shell" condition. The specific
mechanism and/or formula for determining the Developer's Cost will be subject to the agreement
of Developer and New Pioneer and specified in the Purchase Agreement. The Developer's Cost
will be based on design/build pricing and bidding, including a contractor's percentage acceptable
to Developer and New Pioneer. The possibility of a Developer's profit or fee is to be negotiated,
with any such amounts that might be included in the Developer's Cost to be subject to New
Pioneer's approval. The nnethod of determining and verifying labor and material costs, and
allocating those to New Pioneer's condominium unit, will also be subject to New Pioneer's
approval. New Pioneer anticipates that Developer will allocate to the purchase price an equitable
portion of the Developer's Project costs for land acquisition, construction financing, construction
period insurance, construction period property tax, design, and construction, plus the
Developer's design and construction costs and fees of building out the New Pioneer
condominium unit "Shell" to the approved plans and specifications, but exclude from the
purchase price any marketing expense and sales commissions, and also exclude any Developer's
profit or fees except those subject to approval from New Pioneer. It is anticipated New Pioneer's
purchase price will include an equitable portion of the costs of the common elements of the
building that benefit or serve the New Pioneer unit, but will exclude any costs for common
elements that provide no benefit or are not used by the New Pioneer unit. All such costs shall be
established in a manner that is acceptable to New Pioneer, shall be within a maximum cost that
will be specified in the Purchase Agreement, and will be subject to reasonable verification by
New Pioneer (or its agent Loeffler Construction & Consulting). Payment by New Pioneer for its
completed condominium "Shell" unit shall be at the time of closing and transfer of possession,
with earnest money to be negotiated and specified in the Purchase Agreement.
New Pioneer and Developer each acknowledge that it is difficult to accurately estimate the total
Project cost and the cost of the New Pioneer space completed to "Shell" condition at the time of
responding to the City's RFP. Nevertheless, given information available as of the date of the
execution of this Letter of Intent, New Pioneer and Developer acknowledge that $120 per square
foot of useable space is a good faith estimate of the "hard construction cost' for the "Shell ", with
the actual "Developer's Cost" to be subsequently specified in the Purchase Agreement or
otherwise by written agreement of New Pioneer and Developer. The "hard construction cost"
excludes "soft costs ", such as land costs and architect fees. These additional costs, when known
with accuracy, shall be equitably allocated between New Pioneer and the Developer, in a manner
that is subsequently agreed to in writing by both parties.
D. Financing Contingency. New Pioneer's purchase is subject to receiving a
commitment for financing its condominium unit upon such terms and conditions as may be
acceptable to New Pioneer in its sole determination. This financing contingency will either be
waived before entering into the Purchase Agreement or reserved in the Purchase Agreement with
FOURiZEROiFOUR 24
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a requirement for satisfaction or waiver before Developer commences New Pioneer's specific
"Shell" build -out.
E. Public Support. To the extent that the Developer is able to obtain 'I'll- financing
and/or other benefits through the City as an incentive to proceed with the Project, New Pioneer
anticipates receiving an equitable allocation of such benefit to reduce the costs of the New
Pioneer portion of the Project, because the city is very interested in the development having a
occupant such as New Pioneer in the project.
F. Design and Construction. The general design and configuration of the Project will
need to be compatible with New Pioneer's intended use of the fast floor, and otherwise
acceptable by New Pioneer in its determination. Such consideration will include, but not
necessarily be limited to, the following:
i. Locations of entrances and exits
ii. Arrangements for deliveries, loading zones and trash storage
iii. Specified Utilities, electrical service, gas service, Mechanical and Plumbing
iv. Exterior and interior design and materials
V. HVAC systems with separate operation from remainder of building
vi. Underfloor Rcfiigeration Rough -in
vii. Electrical Service separate from remainder of building
viii. Separate gas, water, electricity and other meters
ix. LEED design and implementation
X. Elevator service for both first floor and mezzanine
xi. Trash, composting and recycling facilities
xii. Parking immediately adjacent to the grocery entrance; 100 stalls
G. Project Personnel. Key personnel on the Project will need to be acceptable to New
Pioneer, including the architect, engineer, Project manager, general contractor, key
subcontractors and possibly others.
H. Parkin e. New Pioneer's going forward will be contingent upon an agreement with
the City, satisfactory to New Pioneer in its sole determination, with regard to pedestrian access
from the adjacent parking ramp as well as for 100 parking spaces to be made exclusively
available for New Pioneer's use within the adjacent parking ramp. New Pioneer will be
responsible for negotiating such arrangements with the City, with the intent to have such matters
resolved, if possible, before entering into the Purchase Agreement, but otherwise a condition of
the Purchase Agreement.
I. Condominium Matters. New Pioneer's proceeding will be conditioned upon Developer
providing a condominium declaration that is acceptable to New Pioneer in all respects. New
Pioneer anticipates that the condominium declaration will carefully define all units and all
general and limited common elements, specifically setting forth those limited common elements
that are for the exclusive use of New Pioneer's unit; the exclusive use of New Pioneer's unit and
some, but not all, of the other units; and the exclusive use of some of the other units but
excluding New Pioneer's unit. Additionally, the declaration will need to appropriately allocate
FOURiZEROiFOUR 25
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common element maintenance, repair and replacement expenses, as well as building operational
expenses, so that New Pioneer pays assessments only for those common elements and those
operational expenses that relate to those aspects of the building that serve or benefit New
Pioneer's unit, and that New Pioneer is not paying for the expenses associated exclusively with
one or more other units in the building. The process for assessments, building reserves, building
management, owners association, voting, insurance and other condominium matters will all need
to be acceptable to New Pioneer. The condominium declaration will either need to be approved
by New Pioneer before entering into the Purchase Agreement or its approval will become a
condition of the Purchase Agreement. Additionally, any rules in connection with the building's
operation will need to be compatible with New Pioneer's intended use, including but not limited
to those that may affect hours of operation or shipping and receiving.
J. Basic Space Requirements. It is now anticipated that New Pioneer will have the
following space requirements within the Project:
i, Not less than 19,000 useable sq.ft. (net of stairs, elevator shafts, utility shafts and
other nonusable areas) on the first floor (street level) with direct pedestrian access to
the sidewalks on Gilbert and College Streets, as well as direct pedestrian access to the
adjacent parking ramp;
ii. Not less than 3,000 useable sq.ft, on a mezzanine or 2 "d floor for store operations
which will include offices, meeting rooms, employee locker rooms and the server
room, etc.
iii. Not less than 600 useahle sq.ft, of mechanical/equipment room space in the lower
parking level
iv. College Street loading dock access
v. First floor climate controlled walkway and space for exterior seating of
approximately 2,000 useable sq.ft, along the north side of the building (in addition to,
not part of, the 19,000 sq. ft.)
vi. Not less than 200 useable sq.ft, in lower parking level for trash, recycling and
composting (may be combined with other building users so long as New Pioneer's
requirements are satisfactorily met)
6. Time Frame. The parties acknowledge that the Project is still in an early phase. However, if
the Developer's Project is not going to come to fruition within a reasonable time frame, then
New Pioneer may wish to pursue other possible opportunities. As such, the parties agree that
they shall proceed with the expectation that the Project will be ready for occupancy some time
during the 4"' calendar quarter of 2014 through the 1st and 2 "d calendar quarters of 2015, and
each party shall keep the other timely advised of any matters that might arise that could
materially affect the availability of the Project for such occupancy.
7. Cooperation and Coordination. Unless negotiations and discussions are terminated by
either party, it is anticipated that the parties will coordinate their plans and cooperate to the
extent reasonable in connection with further developing plans for the Project and specifically in
connection with responding to an RFP from the City. While Developer shall lake the lead
responsibility for all such matters, New Pioneer shall cooperate to the extent of its desired space
within the Project. New Pioneer is committed to be a part of the Developer's Project as the
FOURiZEROiFOUR 26
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Developer proceeds with his proposal and feasibility analysis, provided the Developer continues
to demonstrate a serious interest in pursuing the Project, continues to assemble a team of
professionals, contractors and investors capable of fulfilling the Project, and articulates a
reasonable plan for financing the Project. If at any time prior to entering into the Purchase
Agreement the Developer shall determine that this Project is no longer feasible, Developer shall
promptly notify New Pioneer of such determination. Similarly, if at any time prior to entering the
Purchase Agreement should New Pioneer determine that it no longer wishes to participate in the
Project or that Developer's progress on the Project is not satisfactory, in New Pioneer's sole
determination, New Pioneer may indicate to Developer its election to terminate negotiations and
discussions pertaining to the Project.
New Pioneer will reasonably cooperate, on a non - exclusive basis, with Developer towards the
objective of the Developer becoming the approved proposal submitted to the City for the
development of the Site and for Developer to proceed with its Project which will incorporate the
condominium space for New Pioneer's ownership and use. However, New Pioneer reserves the
option should there be, in New Pioneer's determination, other viable and timely projects, for
New Pioneer to work with any other party for a project on the Site or elsewhere that
appropriately and/or timely addresses New Pioneer's business needs.
8. Additional Office Space. Before the Developer commits to selling or leasing space on the
second floor that would leave less than 5,000 useable sq.ft, remaining, the Developer will contact
New Pioneer with regard to any interest for additional second floor office space. This option for
additional office space is independent of the 3,000 useable sq.fl. on the mezzanine or second
floor for store operations as specified in 51(ii) above.
9. Confidentiality. New Pioneer and Developer hereby each agree to hold as confidential all the
other's plans, building designs, concepts, strategies of construction, financial circumstances, cost
estimates, financing, and other matters related to a party's potential participation in the Project as
may have been or may be disclosed by one party to the other party in connection with the
discussions and negotiations related to this Letter of Intent and the Project, and that are not
otherwise generally known ( "Confidential Information "). Any disclosure of Confidential
Information of a party by the other party shall only be made after the party whose Confidential
Information is being disclosed has agreed to such disclosure in writing in advance. The parties
each acknowledge that if Developer submits a proposal to the City of Iowa City, and also if the
Developer's proposal is approved by the City, disclosure of certain Confidential Information and
the Purchase Agreement contemplated herein to specified third parties as a part of implementing
the Project will likely be necessary. In that event, the parties agree to cooperate in such
disclosures, which shall be agreed to in writing in advance. The parties further agree this
provision shall survive in the event of termination of this Letter of Intent. Nothing in this
provision is intended to limit a party from disclosing the Confidential Information of the other,
on a need to know basis, to a party's representatives, consultants, lender(s), attorneys, contractors
or other agents, in connection with its due diligence and investigations relating to the continuing
discussions and negotiations contemplated by this Letter of Intent.
10.. Non - Binding. This Letter of Intent does not constitute an agreement to negotiate, but
solely constitutes an outline of some of the terms for negotiation. The parties will in good faith
FOURiZEROiFOUR 27
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diligently pursue discussions and negotiations in an effort to come to and refine tarns and
conditions for final documents for each party's review and approval, some of which may be
multi -party agreements. While this Letter of Intent is intended to provide the parties guidance in
pursuing negotiations and discussions, except for Paragraph 9 and the next paragraph of this
Paragraph 10, it is not binding, and the terms of any final agreement may be the same as, similar
to or different from the provisions of this Letter of Intent.
New Pioneer and Developer each acknowledges and agrees that each is proceeding with its side
of negotiations at its sole cost and expense (which may involve substantial transaction costs) and
that either party may terminate negotiations for any reason, at any time, without any liability or
obligation to the other. Further, neither patty shall have any legal rights or claims against the
other party by reason of any action taken, statements made, writings delivered or other matters
undertaken by a party in reliance upon this non- binding Letter of Intent including, without
limitation, any expenditure of funds, partial performance of transactions contemplated herein, or
any other actions of a party.
This letter of intent shall be of no further effect upon either i) the parties entering into final
agreements, or ii) the termination of discussions and negotiations between the patties pertaining
to the matters contained herein. The parties anticipate that their discussions and negotiations will
be completed or terminated before the expiration of twelve months after the execution of this
Letter of Intent.
Date p 26, Iz-
New Pion 'o perative Society
By Ilk% Date b I t
Ramji Balakrisl an
Board Preside t
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CHAUNCEY GARDENS, LLC
Our development aims to weave
park and building into one.
Table of
Contents
f— (A) Click entries to jump to a specific section
BUILDING INFORMATION
• Height
• Primary uses
• Areas and unit info
• Parking
• Gross square footage
• Proposed /anticipated uses
• Letters of intent /interest
• Common areas
SHADOW STUDIES
• Orientation
• Regarding Trinity Church
• Summer solstice
• Winter solstice
00000
CHAUNCEY GARDENS, U-C
(B) Click logo to return to the table of contents
(C) Double -tap to zoom in /out on texts and images
PROJECT APPROACH
• Sustainability
• Integration with Chauncey Swan Park
• Pedestrian level experience
• Building exterior and materials
• Relationship to surroundings
DEVELOPERS STATEMENT
• Capability and experience
• Urban design experience
• Project vision
• Passion, resources, commitment and team
Building Information
Height
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CHAUNCEY GARDENS, LLC
ver - 204 ft
eetwall - 60 ft
Robert A. Lee
Recreation Center
Building Information
Uses
Residential
Commercial
Retail: New Pior
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CHAUNCEY GARDENS, LLC
Robert A. Lee
Recreation Center
Building Information
Areas
Residential
79 dwelling units `1£f
(25 workforce units)
For
Rent:
55
units
For
Sale:
24
units
Office /commercial
66,259 sq.ft.
(includes portion of rooftop wine garden)
8
7
6
5
4
3
2
1
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Robert A. Lee
Recreation Center
Building Information
On -site parking
52 parking
Below grade
r
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spaces
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Building Information
Gross Square Footage
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CHAUNCEY GARDENS, LLC
Robert A. Lee
Recreation Center
B ld
uiing Inf t 1 1
orma
Proposed Use:
• Public rooftop des
• Mixed residential
• Public garden terr
• Entertainment ven
• Class A office spa
• UNESCO City of
• Bicycle rentals —
• Public plaza (towr
• Riverside Theatre
• New Pioneer Co-(
Building Informat :11
Proposed Use:
Received letter of in
• Riverside Theatre
• New Pioneer Co
Building Information
Common Areas
• Public rooftop terrace
• Residential terraces
• Public garden terrace
• Public Plaza (town square)
• Park reconstruction and
enhancements
• Outdoor dining space
Anticipated
square footage
1800
1700
12,846
9,100
25,000
I1= 1I
52,446
Shadow Study
Site Orientation
1
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TRINITY CHURCH
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TRINITY CHURCH
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Washington Street
College Street
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I
■ L,
Shadow Study
Summer Solstice (June 21st)
7:00 AM (current design)
INo wig
144
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CHAUNCEY GARDENS, LLC
8:30 AM (current design)
Accounts for daylight savings time Accounts for daylight savings time
Shadow Study — Regarding Trinity Church
Summer Solstice (June 21st)
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CHAUNCEY GARDENS, LLC
"What is the lowest building height [for your proposal] which would not shadow Trinity Church ?"
7:00 AM (current design)
ZA
7:00 AM (reduced to 10 levels)
Accounts for daylight savings time Accounts for daylight savings time
Shadow Study — Regarding Trinity Church
Summer Solstice (June 21st)
"What is the lowest building height [for your proposal] which would not shadow Trinity Church ?"
7:00 AM (reduced to 10 levels)
Accounts for daylight savings time
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CHAUNCEY GARDENS, LLC
APPROXIMATE TOWER HEIGHTS
166 ft (east edge)
15 levels
116 ft (west edge)
10 levels w /setback
44 ft tower setback
APPROXIMATE STREETWALL HEIGHT
60 ft (all edges)
4 levels
Heights measured from
southwest corner of site
Shadow Study
Summer Solstice (June 215t)
-ld--
wit
R
it
TRINITY CHURCH
7:00 AM 9:00 AM
Accounts for daylight savings time Accounts for daylight savings time
CHAUNCEY GARDENS, LLC
W
Shadow Study
Summer Solstice (June 215t)
74�
TRINITY CHURCH
r
-in
17a
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TRINITY CHURCH
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11:00 PM 1:00 PM
Accounts for daylight savings time Accounts for daylight savings time
Shadow Study
Summer Solstice (June 21st)
3:00 PM
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CHAUNCEY GARDENS, LLC
5:00 PM
Accounts for daylight savings time Accounts for daylight savings time
Shadow Study
Winter Solstice (December 21 s')
8:00 AM
(no church windows in shadow)
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CHAUNCEY GARDENS, LLC
10:00 AM
Shadow Study
Winter Solstice (December 21 s')
�RINITY CHURCH
12:00 PM 2:00 PM
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CHAUNCEY GARDENS, LLC
Shadow Study
Winter Solstice (December 215t)
"too
CHAUNCEY GARDENS, LLC
4:00 PM 6:00 PM
(sun has set)
Building Information
Sustainability
The Chauncey Gardens team has the experience and commitment necessary to deliver a
sustainable project. We have regularly produced buildings that perform at least 55% below the
ASHRAE 90.1 code baseline energy requirement and we always look to improve beyond that.
Our team has achieved ever, level of LEED ceridicabon, most at the Gold level or above. A truly
sustainable project, however, is comprehensive - integrating environmental, economic, and
social impacts related to design, conseuction, and operation of buildings. Chauncey Gardens
provides more than reduced energy bills; d is a fully sustainable concept addressing site
development, community connectivity, energy, use of natural resources, and occupant health and
satisfaction.
Sustainable design is an integrated process. Our team recognizes the community as a
stakeholder along with the city and developer team. Through an input process, goals including
sustainable features and LEED certification will be identified and prioritized. We know through
our experience that a project's sustainable goals and priorities need to be defined by all
stakeholders collectively. Below are some of the goals our team brings to the discussion:
Energy – major impacts on energy use are building orientation, envelope consnuchon, occupant
use, and building systems. Chauncey Gardens optimizes all of the above. Energy efficient
design combined with renewable power will reduce utility bills for occupants, creating a more
affordable and equitable human condition. We can achieve this using the following strategies:
• A narrow, longer east /west orientation maximizes the benefits of passive solar design and
daylight harvesting. High perlormance glazing on the north will reduce heating demand in
winter Reduced glazing quantities on the east /west mitigate harsh morning and afternoon
sunlight. Vegetative screens and solid panels will filter and control solar exposure.
• Reduce occupant energy demand with strategic use of technology and smart controls,
tenant education, and post occupancy evaluations
• A geothermal heat pump system below the park
• Natural ventilation in the tower
• Solar photovoltaic annow ith approximately 800 Yx5'panels
Green Space - Urban agriculture is a growing trend locally and internationally. Chauncey
Gardens incorporates gardens throughout, bringing the community together and reconnecting
us to nature. Other benefits include reducing the urban heat island effect and reducing storm
water run-off allowing rain to infiltrate naturally.
Transportation - The site is optimally situated for tenants and visitors to utilize multiple modes of
transportation. Below -grade parking is available on -site while surrounding bus stops connect to
the larger community. Plentiful bicycle parking will be included throughout and bicycle rentals will
be included below the park amphitheater to enhance our bike friendly city.
Doper buil
orientation
Solar control —
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agricuhure Q
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1; 111 �1
Bicycle 1 1 1 1 1
1
amenities
111
Geothermal 1
opportunities
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L* •
All
— Stormwater
management
1 :55%:
58.5 %1
:59%:
159.4 %1
71% j
;Beyond Code
Seangs
■ Energy Used
Code baseline U of I Beckwith
St Patrick CaMolic
Center Point-
ICCSD Buford
WDCSD Dyersville
ASHRAE 90.1 Boathouee
Church
Urbana High
Garner Elementary
Elementary
School
Building Information
Integration with Chauncey Swan Park
Alocating ready $750,000 worth of improvements to Chauncey
Swan Park, our development weaves park and building into one.
Community garden plots at ground level march up a park
amphitheater, beginning a procession of green space
throughout the building. This enhanced park environment will
serve as a model for urban agriculture by providing better
accommodations for an extended farmers market, while
maintaining strong ties with the New Pioneer Coop. Ground
level retail space offers park side store frontage, which would
provide a continuous dialogue between park and retail users.
Efficient and intuitive pedestrian paths flow through Chauncey
Park and make their way up and into the building. These paths
strategically guide pedestrians to retail entrances and desired
amenities at first and second levels. Accessible routes flow from
Washington Street to College Street and establish a circulation
loop between this site and the downtown pedestrian mall.
Standing as a precedent for future sustainable developments in
Iowa City, Chauncey Gardens would serve as a backdrop to
community events, year round. The new park amphitheater
provides an ideal extension for Jazz Test and other Summer of
the Arts events. The amphitheater also provides a well - deserved
venue for weekly performance at the Iowa City Farmers Market.
Other opportunities exist, such as a local sculpture park,
outdoor theater, bicycle rentals, ice skating rink, and community
welcome center.
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Public Rooftop
/Elderly Housing
-.A, _ -a
rublic Plaza (town square)
T "r
)utdoor Dining
+VS 1
Amphitheater
ne Center / bike rentalslilli
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Building Information
Pedestrian Level Experience
Chauncey Gardens presents three primary building masses:
A) 'retail mass " — levels 0 -2
B) "commercial mass" — levels 0-4
C) 'residential mass" — levels 5 -18
Each of these masses have been properly articulated according to three different levels of
pedestrian proximity and experience with the building.
A) The "retail mass" is the most intimately experienced portion of Chauncey Gardens. The
articulation is friendly, accessible, and approachable, catering to pedestrians who are
immediately adjacent to the building site. This mass consists of the New Pioneer Co -op on
levels one and two and a lively public plaza (town square) element that mixes with second
level amenities. This proportion reflects the smaller scale structures that surround the site,
including the Robert A. Lee Recreation Center (one level at College St.), Chauncey Swan
Parking Ramp (two levels at College St.), and City Hall (two levels along Washington Street).
Zooming out, the four level "commercial mass" presents a second level of pedestrian
experience. This mass comes into comprehension by pedestrians across the street from the
building site and by those traveling along the College St. /Gilbert St. intersection. The
articulation is professional and reflects the scale of adjacent buildings, such as Trinity Church
(approx. 60ft to top of steeple), and surrounding office /residential buildings (4 levels). The
"commercial mass" contains a mix of office space, entertainment venues, and retail that will r�
keep this intersection lively throughout day and evening. This proportion of the building
culminates with a prominent public garden terrace, which encourages pedestrians to make
use of the many public spaces incorporated throughout Chauncey Gardens.
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C) The stepped- back 'residential mass" comes into full view from a distance by pedestrians who
am approaching the downtown core. Viewing the skyline of downtown Iowa City, Chauncey
Gardens would join the dialogue between other well recognized structures in our community,
such as the Old Capitol, Jefferson Hotel, Plaza Towers, and Kinnick Stadium. The architecture
strives toward lightness, while celebrating sustainable building technologies and features,
such as photovoltaic panels, vegetative screens, and integrated community gardens. The
articulation of this mass will stand as a high - quality icon for future sustainable developments
in our community.
Washington Street I
Chauncey
Swan
Park
rn
z
Project
Site
Pedestrian Mall L c, 7llege Street
Activated circulation loop between Chauncey Gardens and downtown Iowa City
Building Information
Pedestrian Level Experience
The intersection of College Street and Gilbert Street serves as a
gateway to downtown Iowa City and this location should be
celebrated as such.
Though the use of appropriate "street wall' proportioning,
Chauncey Gardens locates vibrant entertainment venues and
retail spaces in a building mass that is complementary to other
surrounding stiudures. Amenities such as the Riverside Theater
and New Pioneer Co -op will enliven this site throughout day and
night.
Visible retail frontage along Gilbert Street and College Street
allows pedesinans to experience the constant bustle and
excitement within the grocery. This prominent frontage provides
an opportunity to showcase products and learning opportunities
offered by the Co -op. Outdoor dining spaces along College
Street and Chauncey Swan Pork provide community
environments to gather and dine with friends and family. The
retail space is physically and visibly accessible from College
Street to Washington Street. This configuration maximizes retail
exposure while providing a strong visual link between the New
Pioneer Co -op and Chauncey Swan Pork.
Level two is envisioned as a "town square" that would mix
pedesinans and building functions. This level is accessible via a
ramp along the amphitheater in Chauncey Swan Park and a
stair accessed near the south retail entry. This route forms a
dynamic circulation loop with the pedestrian mall to the west.
The "town square" is surrounded by park terraces, and provides
an accessible link to the Chauncey Swan Parking Ramp.
Internally, this level provides commercial space for Co -op
classrooms, and a shared lobby for the entertainment and
commercial amenities above. Park terraces provide additional
opportunities for outdoor gathering that can be utilized to
spedate the many events that will take place in the enhanced
Chauncey Swan Park.
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Building Information
Exterior and Materials
The skin of a building a a key element that creates an
architectural image, atmosphere, and mood. Stone, buck,
terracotta, glass, wood, and other natural materials have proven
their timeless durability and aesthetic appeal. Our team looks to
these materials to express what has always been an inherent
quality of buildings — materiality.
The base of Chauncey Gardens is conceived as a approachable
volume that welcomes the public into the building while
surrounding them with the warmth and familiarity of local
materials. Brick pavers reference the downtown pedestrian mall,
while a wood building base complements the nearby board -
and -batten cladding of Trinity Church. Alternatively, masonry
could be incorporated to meld with other surround structures.
Colorful cement board panels enliven the pedestrian experience
while signaling main retail entry points. These materials connect
Chauncey Gardens with the context of surrounding buildings in
term of materiality and offer a similar, complimentary color
palette.
The residential tower of Chauncey Gardens is a layered
composition of glass, solid panels, vegetative screens, and
outdoor terraces. Our intent is to dematerialize the buildings
scale by visually and physically varying the boundary between
inside and outside. These materials are balanced to bring as
much natural light into the residential units as possible.
Balconies and terraces add warmth to the tower through the use
of durable wood rain - screens, terracotta louvers, and /or
vegetative screens to shade units from harsh sun conditions.
Modem technologies and materials are also integrated to
improve the energy effic envy of the building. High performance
glazing systems am utilized to control solar gain and heat loss.
Translucent photovoltaic panels function as a shading device
while providing green energy. Chauncey Gardens targets the
use of recyclable and recycled building materials to minimize
overall environmental impacts.
Building Information
Relationship to surrounding content
On this unique site, Chauncey Gardens will stand as a
precedent for future sustainable development in Iowa City. This
aerial image highlights the importance of Chauncey Swan Park
as a green space within our downtown area. Chauncey Gardens
provides a development that will enhance this existing feature
weaving park and building into one.
Chauncey Gardens activates a arculation loop between this site
and the downtown pedesinan mall by providing exciting urban
amenities and convenient pedesinans routes. This relationship
strengthens the downtown core by connecting already successful
business and amenities.
The scale of Chauncey Gardens is complementary to other
surrounding buildings such as Ecumenical Towers, The Jefferson
Building, Park @ 201 (under construction), The Sheraton, and
Plaza Towers. In addition, the gentle change in elevation from
Linn Street to Gilbert (a 10 foot drop) allows this building to
naturally sit lower within the downtown context.
For further commentary regarding mass, scale, materials, and
uses, please reference the previous four pages.
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CHAUNCEY GARDENS, LLC
m i
Developers Statement
Chauncey Gardens LLC.
Capability and Experience
Chauncey Gardens, LLC is a newly formed, local development group with development experience in the Iowa City
area that includes over $85,000,000 of mixed residential, representing over 500 houses /condos /apartments, and
$10,500,000 of comme¢ial properties which includes approximately 113,000 square feet of space. Our well -
conceived projects have a strong history of solid financial backing and our success in marketing and selling these
properties is notable.
We have vast experience in creating "horizontal" residential neighborhoods. For this important mixed -use "vertical"
neighborhood, we have strategically selected our team members because of their experience — Neumann Monson
Architects and Knutson Construction — based on their commitment to Iowa City and their expertise with projects of
similar scale and scope. Knutson is a 100 -year old construction company that has been located in Iowa City for 40
years. They have completed over $1.25 billion in construction projects in the Iowa City area, which translates into
approximately 25 million square feet. Neumann Monson's experience is delineated in more detail in the next
section.
We bring a fresh outook to the project and approach it with no preconceived ideas. This translates into innovation,
which we believe our solutions for this project have already demonstrated. We intend to utilize a public design
process which will provide valuable information to make this exciting project one that is designed by the community,
for the community. Our history in using this input process has proven to create superior results.
Chauncey Gardens, LLC believes our team possesses the innovation, experience, and commitment that is necessary
to make this important project a success. Our full team is guided by our commitment and passion for creating a
lively and dynamic environment for Chauncey Garden residents, Iowa City residents, and visitors.
Urban Design Experience
Neumann Monson Architects has a great deal of experience in successfully designing within an urban context. They
have a passion for creating walkable, sustainable, and energetic urban environments that engage the public and
create destinations. Their core mission is to provide active and engaging pedestrian experiences by creating spaces
that reinforce a sense of community. Recent examples of their work in downtown Iowa City include: Plaza Towers,
Vogel House, Whiteway 2000, Park @ 201, 118 East College Street (former Vito's building), Saloon, Graze,
Donnelly's, and many more, representing over 800,000 square feet. Neumann Monson was recently selected to
design The University of Iowa's new School of Music specifically because of their past successes in designing within
Iowa City's downtown core. Each of these projects has enriched Iowa City's unique downtown experience. Beyond
this, Neumann Monson is Eastern Iowa's most highly awarded design firm, which is evidence of their innovation
and commitment to top quality design.
_ SH
CHAUNCEY GARDENS, LLC
Developers Statement
Chauncey Gardens LLC.
Feajectvislan
Iowa City has a strong tradition of creating special places for the entire community to live, work, and play. Our vision
is to interweave these types of spaces throughout the building to provide a variety of communal spaces for all to enjoy.
We aim to include a variety of vibrant retail and commercial amenities that will contribute to the overall vitality of the
downtown district.
Chauncey Gardens, LLC believes in the power of public spaces to enhance the fabric of the city by creating a sense of
ownership and emotional inveslment in our town. As home builders we believe in the importance of creating
neighborhoods that are a unique blend of public and private spaces. Our overall vision is to create a neighborhood
that attracts and caters to a wide demographic of long -term residents.
We believe this project should be sustainable and should be an icon that embodies healthy living, setting a precedent
for future development in Iowa City. Tenants such as New Pioneer Coop reinforce this ideal. We are committed to
achieving the highest level of LEND that is targeted and, led by Neumann Monson Architects, we have the experience
to achieve this.
Chauncey Gardens, LLC understands the value of public participation and we highly encourage local input throughout
the design process. If the City a going to provide financial support, then the public should be involved in the design
process. We welcome ideas from our creative community.
Passion, resagrces, mmmilment and team
We have worked hard to create a vision and project that embodies the uniqueness of Iowa City and integrates
community and place into one active destination. We offer a fresh project approach that encourages public
participation and we feel this input will be central to the project's success.
We have sought out the best possible teammates by selecting Neumann Monson Architects and Knutson Construction
and we are confident in their skills and expertise. Tom Kant and the Lepic- Krueger team bring the expertise and work
force of the area's leading real estate firm. These resources will be essential in achieving building occupancy.
As a local development team with Iowa City roots for generalions, our passion and commitment for this project is
immense. We am developers of neighborhoods and as past, present, and future members of this community we have
a very high level of accountability to this project. We truly believe that our solution will provide a vibrant urban
neighborhood that will satisfy all of the City's objectives while creating an exciting regional destination.
_ 4100
CHAUNCEY GARDENS, LLC
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_ SOO
CHAUNCEY GARDENS, LLC
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_ SOO
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_ SOO
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CHAUNCEY GARDENS, LLC
The Chauncey
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Bowling at The Chauncey
Cafe at The Chauncey
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Request for Additional Information
for a
Private Developer for the College Street / Gilbert Street
Northeast Corner Site
submitted by
The Chauncey, L.L.C.
December 28, 2012
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
Building height, in terms of number of floors
In the City's August 31, 2012 RFP, one of the specific goals of redevelopment of the site is
construction of an "urban, downtown - density development" The site is currently zoned P (Public).
However, the RFP anticipated that CB -10, the highest density downtown zoning classification, would
be requested. In our discussions with staff, prior to developing our proposal, we understood that it
was desired that the site be considered part of the Central Business District. For many reasons we
believe the site supports a 20 -story mixed use development and that the Chauncey Swan Parking
Facility provides a sufficient buffer between a high density development and the lower density
development east of the parking structure. Grade changes east of the proposed structure also
reduce the impact of a high -rise development on the project site.
Nevertheless, as stated in our written proposal, the height of The Chauncey can be adjusted. As
stated in our November 2dh presentation, we had explored a 16 -story version when developing our
proposal. The renderings below show the 20 -story and 16 -story options that were generated.
Although we believe the 20 -story version represents the smartest growth and best use of the site, we
are agreeable to reducing the height of the proposed building if the Council feels that is in the best
interest of the community.
When developing for desirable commercial uses that are lacking in the community and that fill gaps in
downtown Iowa City, as opposed to developing for a tenant able to pay market rates, the amount of
additional marketable space in a building is critical to ensuring the financial sustainability of the
project. A balance must be struck. It is simply not economically feasible to build a stand -alone
cinema or bowling center in an urban core. To bring these uses downtown they must be part of a
mixed -use development of a size adequate to support these commercial uses. Developing enough
other marketable space in the development also makes it possible to incorporate significant and
meaningful public spaces on the commercial levels. These public spaces are critical to a vital
community project but do not generate revenue to the developer. It would be very difficult to find
another site in downtown Iowa City that would support the uses to which we are committed.
Office /commercial square footage including the first level:
o First Floor Commercial Retail and Public Space ........................24,140 SF
o Second Floor Commercial Retail and Public Space ....................19,406 SF
o Third, Fourth and Fifth Floor Class A Office Space ................... 59.400 SF
Total ..............102,946 SF
a
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
• Images of the building shadow fall, including the summer solstice at 7 AM, 9 AM, 11
AM, 1 PM, 3 PM, and 5 PM and the winter solstice at 8 AM, 10 AM, Noon, 2 PM, and 4
PM. For consistency, provide these images in plan -view, with approximate
boundaries of Burlington St, Dubuque St, Johnson St and Iowa Ave. Two images per
page.
o The following pages provide shading studies for our project at the dates and times referenced
above for the proximate area of the project. Additional pages have been added for when shading
from the building extents out past the proximate area of the building site.
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College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
• On one additional page, please address the question, with text and one image, "what
is the lowest building height [for your proposal] which would not shadow the east -
facing windows of Trinity Church ?"
o This view of our project, identified at 7:00 AM on June 21st, shows our project reduced to a 4'%
story building for it to not shade the east facing windows of Trinity Church west of the project.
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a
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
• # of on -site parking spaces:
o Our project has 52 parking spaces on the lower level of the building.
• Gross square footage of the building
• At 20 stories our building would have 283,332 GSF.
• At 16 stories our building would have 259,784 GSF.
The Main and Mezzanine levels identified use of your building:
• One North Entrance and one South Covered Drop off Entrance.
• Primary connection to the Chauncey Swan Ramp on the Mezzanine Level.
• Lobby for Building and Hotel with Grand Stair to Second Floor Mezzanine.
• Two FilmScene Theaters with accompanying Concessions, Ticket Booth and Coats.
• Education Center and Common space for Pre and Post Cinematic discussions.
• Dynamic Public Spaces.
• Restroom Facilities.
• Gallery Space for 2 and 3 dimensional art.
• Bowling Center — 12 lanes (Rohrbach Associates is the architect for the UI — Iowa Memorial
Union Flood Recovery project and there are no bowling alleys planned in that facility).
• Cafe /Kitchen with outdoor dining and overlook to the park.
• Receiving Dock.
• Elevators to Housing and Elevators to Commercial spaces.
ml fr-
Basement Level
Mezzanine Level Main Level
rim
E 4
4414:
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
• The # of dwelling units (we will get this from the attached spreadsheet)
0 74 units with a mixture of efficiency, one and two bedroom units.
• The # of anticipated workforce dwelling units (we will get this from the attached
spreadsheet).
22 units configured 14 @ 550 SF and 8 @ 825 SF plus generous balconies
approximately 10' deep (30% of total residential units).
The # of anticipated for -sale units vs. rental units, consistent with the information in
the attached spreadsheet.
0 All units will be part of the condominium regime. Our goal is to eventually sell all, or nearly all, of
the residential units. The immediate plan is to sell 50% of the units and hold 50% as rentals.
Market demands will determine the period of time over which the units originally held as rentals
will be sold. Our experience indicates that the demographics of the residential owners and
tenants will be similar. The distinguishing factor relates to circumstances. Tenants include:
1. those transitioning to Iowa City who are not familiar with the housing market and prefer to
lease while they explore options for permanent housing;
2. those who are not certain they want to live downtown, but want to try it;
3. those who have homes in other parts of the country that they wish to sell before committing to
a purchase; and
4. those who are in Iowa City for a limited time (often 1 to 3 years) who do not want to purchase
but do want to live downtown, close to activity and students, but not in a "student apartment"
building.
Availability of rental units allows people to live downtown who are not ready to purchase a unit.
Tenants often end up buying units which is the case with 10 condominium sales at Plaza Towers.
Those buyers would not have lived downtown if they had not been able to initially lease units.
Other identified uses in your proposal. Please differentiate between
proposed /anticipated uses, and uses for which you have a letter of intent or
commitment from the user. Please attach and forward letters of intent or commitment,
even if they were included in the original proposal:
0 We want to assure the City that the uses proposed by The Chauncey will be the uses delivered.
In addition to the residences, The Chauncey will include:
1. Two - screen full time cinema: Developer guarantees a functioning two- screen cinema.
FilmScene, a committed member of The Chauncey development team, will operate the
cinema. FilmScene's letter of intent dated September 17, 2012 is attached. The Chauncey
is as committed to FilmScene as FilmScene is to The Chauncey.
2. 12 Lane Bowling Center: Developer guarantees a functioning two - level, 12 lane, bowling
center. We anticipate using the Brunswick Build -to -Bowl® program and we commissioned an
independent bowling study recommended by Brunswick. An independent consultant
completed that study. The study strongly supports the viability of the bowling center at the
College /Gilbert location as well as the concept of two levels and 12 lanes.
3. Cafe: Developer guarantees a restaurant. Experienced restaurateurs are interested in
owning and operating the Cafe at The Chauncey. An important factor in selecting the
restaurant operator will be who will best accommodate the needs of the cinema, the bowling
a
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
center and the hotel.
4. 3 levels of class "A" office space: Developer guarantees three (3) levels of office space
totaling approximately 52,275 SF. Rohrbach Associates will move its offices to The
Chauncey. A Letter of Intent from Rohrbach Associates PC dated September 12, 2012 is
attached.
5. Hotel: Developer guarantees a functioning hotel. Developer will own the real estate and an
operating company will operate and manage the hotel component (this is the arrangement
with hotelVetro). We insisted on interior design control for the guest rooms at hotelVetro and
will do the same in this project.
We are proposing to name the Hotel at the Chauncey, "Swan's Hotel ", in memory of Mrs.
Dolly Swan. See the following:
DEATH OF DOLLY SXV % -N
The fallowing obituary of Dolly
Swnsr appeared in the Io%a City
Standard February 17, 1847,
DMD. At Susan's hotel, in this
rdty, on the 11th inst., 31M Dolly
Swan, wife of Chauncy Susan, E".
In the fiftieth year of her age.
Perhaps no lady In Iowa was
more extensively known, or more
unlveraally beloved and respected
than Aire_ Swan. As the hostess
of an extensive hotel, where she
long preelded with dtgWty and
irindnmo, she vrm the general
favorite. And whet any of the
boarders happened to be Visited
with islelmess and confined to their
lonely ehmabers, it was theWlhat
She becotme the ministering angel
of the house. No oue who has Aver
been sick at Swan's hotel will for-
get the bene"lent em Iles of Mrs,
Swan. She wew a mensber of the
1'resbyter1PA church; but she wail
not a aeetarfi n; she wan em-
phafically a Christian, and died as
e66 had lived, an Ornamtnt to any
MwAetc or to any church.
In addition to letters of commitment originally submitted, a letter from Nate Kaeding is attached.
Nate is interested in actively participating in certain commercial aspects of The Chauncey.
a
From: nate kaeding
Subject: Re: The Chauncey
Date: December 25, 2012 11:12:26 PM CST
To: Marc Moen <marcmoenCc�me.com>
Marc
As you know I am interested in entrepreneurial opportunities in Iowa
City. I have been following the proposals for College and Gilbert
Streets and I believe The Chauncey would be a tremendous addition
to the downtown district.
I'm currently not considering "passive" investments (investments
where I sit back and watch with no role or responsibility) but am
seeking an investment where I can make a tangible /substantive
contribution to the execution of the business.
I think I can add value to the equation and would like to discuss
having an active role in The Chauncey.
Nate Kaeding
Founding Partner, Short's Burger & Shine
1210 GRANT CT. IOWA CITY, IA 52240 - 319 -541 -5443
W W W.ICFILMSCENE.ORG
September 17, 2012
Mr. Marc B. Moen
The Chauncey, LLC
221 E. College Street
Suite 300
Iowa City, Iowa 52240
RE: LETTER OF INTENT to lease space at The Chauncey
Dear Marc,
This will confirm that FilmScene has worked with the development and design team on The Chauncey
from the beginning of site selection and through the initial design process of The Chauncey. FilmScene
Board of Directors, by unanimous vote, committed to be part of The Chauncey development proposal.
Please let this letter serve as proof of our intent to lease theater, theater lobby and shared common space
in the proposed "The Chauncey" development. The space devoted exclusively to FilmScene under the
current building program is 6,886 square feet, not including building lobby and shared common areas on
both the first and mezzanine floors. Of that 3,734 square feet is devoted to the two theaters which are both
two stories in height. These square footages and configurations may be adjusted as the design is finalized
to meet our needs.
Upon acceptance of The Chauncey, L.L.C. proposal by the City of Iowa City to develop the site,
FilmScene intends to negotiate final lease terms with The Chauncey, L.L.C.
Thank you for your commitment to working with FilmScene on this exciting project in downtown
Iowa City.
Please contact the undersigned if you need any additional information.
Sincerely,
FilmScene
BY: Andy Brodie
TITLE: FilmScene Co- Founder
FILMSCENE IS A NONPROFIT ORGANIZATION DEDICATED TO ENHANCING THE CULTURAL VITALITY OF
THE IOWA CITY AREA THROUGH THE PRESENTATION AND DISCUSSION OF FILM AS AN ART FORM.
I
THE Ell
UNIVERSITY
OF IOWA
MEMORANDUM
To: Marc Moen
From: Tom Rocklin an and Douglas True -
Re: Your Development Proposal on Gilbert Street
Date: September 18, 2012
office of the Senior Vice President
and Treasurer
105 Jessup Hall
Iowa City, Iowa 52242 -1316
319- 335 -3552
Fox 319- 353 -2669
You have shared with us some of your thinking about a building project located near the
downtown and UI campus that could have elements benefiting students. In particular we
discussed connections with student entertainment and academic interests with cinema and the
ants as a concept that could be mutually beneficial. Toward that end we introduced you to those
within the College of Liberal Arts and Sciences who could provide the best insight about
academic interests as well as those within the Division of Student Life that are engaged with
students outside the classroom. If your group is selected as the developer, we can continue our
discussions on the cinema components and how UI students may be involved.
We look forward to further considerations of ideas where private development and University
interests may coincide. Thanks for your continuing interest and engagement.
cc: David Kieft
ROHRBACH ASSOCIATES PC
A R C H I T E C T 5
September 12, 2012
Marc B. Moen
The Chauncey, LLC
222 South Linn Street
Iowa City, Iowa 52240
RE: The Chauncey Development
Marc:
Please let this letter serve as our "letter of intent' to purchase one full floor
(approximately 18,000 SF) of Class A office space in the proposed new
"The Chauncey" development. Further it is our intent to move our offices
onto that floor once the project is complete and lease the balance of the
floor to a new leased tenant.
Upon acceptance of The Chauncey L.L.C. proposal to build this project by
the City of Iowa City, an L.L.C. will be created to purchase the property.
That L.L.C. will than lease the space to Rohrbach Associates PC for their
architectural practice.
We have attached a letter of intent from Midwest One bank for assistance
with the financing of our project.
Please let us know if you need additional information.
Sincerely,
Roh,4 ch Associates PC
A. Rohrbach AIA
Commerce Center 325 E. Washington Suite 400 P.O. Box 2238 Iowa City, IA 522442238 Tel: 319.338.9311 Fnx: 319.338.9872
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
Describe, in no more than 112 page, the square footage and type of common
area /amenities your facility provides. Limit this description to areas which are not
included in leasable square footage:
0 14,533 SF of The Chauncey is committed to community space on levels 1 and 2. This is
dynamic space, much of which is 2 -story volume with 26 -foot high ceilings. We know, from
experience, public space in a mixed -use building is necessary to create a sense of community,
which benefits both the building and the downtown generally. The public will be welcomed with
soft seating, accessibility to food and beverage, rotating art and sculpture exhibits, film
discussions, live music and a variety of community events.
It is anticipated this space will be used for fundraising events by non - profits, gallery space for a
variety of groups, photo shoots and live music. Lobby space of about 3,500 SF is used for these
purposes at Plaza Towers. In addition, the top floor unit at Plaza Towers was designed to
accommodate large public groups and is donated an average of two times each month for use by
non - profit organizations. Thousands of people have been, and will continue to be, welcomed to
that space.
o Organizations that have used the top floor space include:
Summer of the Arts
Iowa City Public Library
Landlocked Film Festival
Cedar Rapids Museum of Art
Men who Cook
Englert Theater
Junior Achievement
Univ of Iowa Museum of Art
City of Literature
Filn-Scene
Children's Hospital
Coaches vs. Cancer
Writer's Workshop
Hancher Auditorium
Hope Lodge
Hawkeye Hoops for Kids
Iowa Touchdown for Kids
Mission Creek Festival
Prairie Lights
United Way
I C Community Theater
0 In addition to interior public space, a terrace at the north end of The Chauncey provides outdoor
space with dramatic views to the park. A grand stair feature provides seating along the park's
edge. Public restrooms and lockers are provided on the parking level at grade to the Chauncey
Swan Park.
On our Residential and Hotel Floors we provide central lobby space with soft seating for
interaction of the Residents and Guests.
On level six, the first Hotel Floor, we provide for a Conference Center /Lounge and Recreation
room for the Hotel Guests and Residents with access to an exterior Roof Patio Garden.
• Please re -fill the attached spreadsheet of financial information. It is the same as the
one you already filled -out, with one additional request for 'anticipated owner equity'
on tab 3. This is your chance to "sharpen your pencils."
0 The spreadsheet is attached under a separate excel file with the additional information requested.
Our team has been transparent about the financial information since the outset. The numbers we
have supplied are the most accurate financial information possible at this stage. City staff is
aware that we take the financial analysis very seriously and that we do not manipulate the
numbers. Nor do we include a developer fee on projects requesting TIF financing. Our
philosophy is that when requesting financial incentives, it is inappropriate to include a developer
fee. The attached spreadsheet has increased the number of units within workforce housing
guidelines from that originally submitted.
r
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
For the following information, our intent is to have each proposal team provide
descriptions and images to address the following points. Keep in mind Council has your
full proposals and has seen your presentations. It is staffs opinion that the type of
information in the following points is difficult to quantify, but can be conveyed using
narrative and images. The page limitations are to maintain consistency in the size of
each response, and to avoid information - overload in the information forwarded to
Council:
,,."i
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
• In no more than one page, please describe the sustainable features and energy
efficiency- related elements of your proposal. If possible, project or describe energy
efficiency above the baseline /minimum code - required condition:
o Rohrbach Associates PC team has been working on many recent LEED /Sustainable projects in
the Iowa City area:
City of Iowa City - Fire Station #2 LEED Gold
City of Iowa City - Fire Station #4 LEED Gold pending
University of Iowa - College of Public Health LEED Platinum
University of Iowa - PBDB LEED Gold pending
o Our Engineering consultant on this project, Alvine Engineering, has completed over 6.5M SF of
LEED Certified Building, a significant experience base for this project type. Further our design
team regularly works with The Weidt Group to evaluate Energy alternatives and solutions-
0
Energy Efficient Building Features:
Water Management
Geothermal Heating and Cooling
High efficiency HVAC Equipment
Conservation and Use of 'Green' - materials + resources
Passive Solar Techniques
Permeable Pavers for Storm Water Mitigation
Enhanced Green Space to Mitigate Heat Island
Storm Water use for Irrigation
Daylighting
Low Water Usage Plumbing Fixtures
Storm Water Reuse
Energy Star Appliances
Automated Lighting Control
Energy Efficient Motors
Increased HVAC Zone Control
Relaxed Temperature & Humidity Parameters
o Energy Efficient Components that are presently included in the Chauncey budget:
Improved Envelope Performance
15 -20%
Geo- Thermal Heating & Cooling
8 -10%
External Shading
34%
Reduced Lighting Power Density
34%
Occupancy Sensors (Lighting and HVAC)
2 -3%
Dedicated Outdoor Air Systems (DOAS)
2 -3%
Reflective Roof
1 -2%
Daylight Harvesting w /Dimmable Lighting
1 -2%
Demand Controlled Ventilation (DCV)
75 -1%
Use of LED lighting
75 -1%
Increased Pipe Insulation
5 -1%
o Total Potential Savings over ASHRAE Standard 90.1: 37.50 %. (As a note of reference to
energy savings, the University of Iowa presently requires projects to have a 30% savings
above Code minimum).
o The above listing of Energy Efficient Building Systems and Components would allow our
building to achieve a minimum of LEED Gold certification if so determined.
r
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
In no more than one page including an image or images, please describe how your
project interacts with Chauncey Swan Park, including any proposed improvements to
the park.
o A great public space is fundamental to the success of any project of this scale. The unique
placement of The Chauncey within the downtown and immediately adjacent to Chauncey Swan
Park will contribute significantly to the vibrancy of the project. The park, in its current state, is
under - utilized for the amount of area available with the primary weekly use being the farmer's
market. The market occupies the east half of the park but leaves the western portion largely
unused. The existing landscaping in the park has been designed in such a way as to provide
some buffer from the adjacent streets without giving the sense of overwhelming enclosure. The
Chauncey project aims to maintain this approach to the park. Existing plant materials will be
removed from throughout the park to make way for a subtle reshaping of the ground plane. New
plantings and landscape features will be installed along the perimeter at Washington and Gilbert
Streets to provide a vegetative buffer that gives shape to the space-
0
The new building is the visual and physical anchor on the south side of the open space; a grand
stair and seating feature makes the transition from park level into the first level of the building.
Though a primary circulation path is maintained, the space is designed to be flexible and fluid.
People are encouraged to sit or walk anywhere along this feature.
The east end of the park,
adjacent to Chauncey Swan
Ramp, will be reshaped to
provide additional, usable
hard surface on market days
while also encouraging
additional, programmed use
throughout the year.
To support the arts and
entertainment concept
embedded in the Chauncey
project, the west facade of
the ramp will be used to support a temporary film screen for outdoor movie screenings in the
warmer months of the year.
With the screen as the focal point, the Chauncey stair on the south and the reshaping of the
ground plane and landscape, the new Chauncey Swan Park will be active and lively with a sense
of identity.
10
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
In no more than two pages (one page for College St, and one page for Gilbert St)
including images, please describe the pedestrian -level experience of your building,
and how pedestrians are anticipated to interact with the building and uses in the
building. Vehicular interaction may also be included, especially in terms of access.
How does your project contribute to Iowa City's unique sense of place?
o The Chauncey has been designed to excite the pedestrian as they walk by on Gilbert Street. The
building is proportioned so that the pedestrian experiences the 28 foot high wall of glass as
transparent, bringing the viewer into the building. The transparency allows the outside viewer to
be a part of the inside activity and architecture.
The exposed theaters, seen
through the glass exterior wall, are
sculptural and are designed to be
art as well as functioning walls.
They play an important role as an
element in a space which
enhances and promotes sculpture
and art. These theater walls offer
a subtle contrast from the exterior
as the gradual curves guide one's
eyes further into the space.
The north -south tower is pushed
to the east part of the site so that
the majority of the west facing
building is proportioned for pedestrian scale along Gilbert Street. The transparent exterior and
theater walls also draw the viewer to the entrances at the north and south ends of the building.
The west face of the building eliminates all vehicular access in order to emphasize the view in for
the College Street pedestrian. Once inside, the viewer can still see and experience the west,
north and south exterior as well as the interior architecture and its functions.
S 11
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
o The Chauncey's south (College Street) elevation is similar to the west elevation however this side
includes the primary entrance to the building and covered vehicular drop -off. The entrance and
the glass around it, offer views to the interior and exposes the north -south axis from College
Street to Chauncey Swan Park. This covered entry provides access to the building via car or bus
drop -off to all functions in the building.
The perimeter glass wall returns horizontally above, adding another dimension to both exterior
and interior of the space. This glass ceiling engages the business portion of The Chauncey.
These levels introduce a warm, charcoal colored metal with large glass warehouse style
openings. This portion of the building is more visible to pedestrians across the street and the
opposite corner of the intersection and it emphasizes both north -south and east -west axes.
The south elevation also introduces the warm terra cotta rain screen wall, indicating the vertical
connection of the building. This wall houses the main stair and elevator shafts and divides the
glass public spaces and the building's service area. The concrete service area is minimal and is
the southeast anchor of the building.
11 12
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
In no more than one page including an image or images, describe the exterior of your
building, including materials, and why that design and materials were chosen:
o The building is a contemporary glass, metal and terra cotta clad structure with exterior design
elements that clearly delineate the functional areas within the building. The use of warm colored
terra cotta and metal panel will allow the building to transition from the cool central business
district on the west to the warm residential areas adjacent to the east.
The building extends vertically through the use of a curtain wall system that houses a hotel and
residential condominiums. The warm color and texture of the vertical circulation core ties these
elements together with a grid of terra cotta that extends from grade level to the coping.
Patio gardens at the roof of the commercial level and residential levels soften the strong
contemporary lines of the "L" shaped tower. The top of the tower terminates in a canted metal
roof over the two -story penthouse condominiums.
The Chauncey will be an instant landmark that identifies the edge of the eastern downtown area
and transitions to the east residential area of Iowa City-
Aluminum/Glass
Curtain Wall System
Aluminum /Glass
Balcony System
"Mesa" Terra Cotta
Rainscreen System
Glass Stair Tower
Warm Charcoal Metal
facade with punched
glass openings
Architectural Concrete w/
Aluminum/ Glass Curtain
Wall and Operable Sashes
Glass Railing at Balconies
R q
Canted Metal Roof
System
Upper Green Roof
Garden
Aluminum /Glass
Curtain Wall
Lower Green
Roof Garden
Butt - glazed Curtain
Wall w/ Exposed
Spider Anchor
System
Architectural
Concrete Be
48 13
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
In no more than one page including images, describe how your building relates to
other nearby properties. This should include mass and scale, materials, uses, etc.
o The site is ideal for our proposed uses and accommodates a structure of this scale: it is removed
by distance and permanent structures from the residential areas and College Green Park to the
east; it is flanked by City Hall to the north, a parking facility to the east and Robert A. Lee
Community Recreation Center to the south; it is sensitive to Trinity Episcopal Church to the west
(The Chauncey brings the stability of permanent residents invested in our community; it brings
vitality and life to what is currently an unlovely corner; and it juxtaposes modern and historic
architecture as a statement of harmonizing history with the future which is a hallmark of Iowa
City).
o The Chauncey anchors the southwest corner of the block and makes an exciting, dynamic
statement through its use of mass, scale, proportions and materials. The structure relates to
neighboring buildings in multiple ways. From farther distances, this high -rise is visible and relates
to other high -rise buildings in the downtown area as it defines the east edge of the downtown
district. At the pedestrian level, the building is sympathetic to its surroundings as it changes
material and scale to relate more to the immediate context. Three sides of the ground level have
large areas of glass that allow pedestrians to have a visual connection to the interior as well as
the exterior. This material (glass) and scale makes the Chauncey an inviting space and
encourages individuals to come in to the building-
0
The southwest corner is activated by the intersection of College and Gilbert Streets. One can see
the primary entrance on the south side of the building facing the Robert A. Lee recreation center.
This side, which has less traffic, is also the drop -off area for the main entrance and Hotel. This
south face of the building is active and inviting and is a great contrast from the solid north wall of
the recreation center. Having the Chauncey entrance here reintroduces excitement and activity
as pedestrians travel from the east, south or west-
0
The Chauncey's main and mezzanine levels have similar scale to the neighboring Chauncey
Swan parking ramp and are directly connected by a short skywalk connecting the ramp to the
mezzanine level of the new building-
0
The terra cotta and sculptural elements of the theaters continue the warm pallet of colors from the
neighboring church and brick apartments. The theaters, bowling center, cafe, art and sculpture
areas help attract individuals to the area shared by other businesses in the neighborhood-
0
The improved Chauncey Swan Park acts as a buffer and green space between city hall and the
proposed building. The mass of the Chauncey Swan parking ramp is reflected and carried
through in the main and mezzanine levels of the Chauncey. This portion of the building is not
only an exciting area but is also the grounding element of the residential tower which is set back
from the base.
14
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
Finally, in no more than two additional pages, provide a developers statement including
information about your teams experience, passion and vision for this project. This is also
your chance to highlight important points about your project which may not have been
specifically addressed. At a minimum, address the following:
• Your development team's proven capability and experience in delivering a project of
this complexity:
o Our projects include new and historic mixed -use projects. All are successful and fully occupied.
We are passionate about preserving Iowa City history. We own and manage the following
historic properties: Starbucks Building (c. 1875); Graze (former Gringo's c. 1895); Savings &
Loan Building (Coldren Opera House c. 1875); Vito's (former Packing and Provision Co. C.
1874); Blackstone (c. 1882) and Brewery Square (c. 1875). We are also passionate about
delivering new projects with superior design and quality. We bring projects in on time, on budget
and exceed our development commitments.
Plaza Towers is convincing proof of developer's capability and experience in successfully
delivering a complex mixed -use project and our ability to market the project and deliver stellar
property management.
Plaza Towers houses ten (10) successful independently owned and operated businesses. Some
businesses purchased their condominium space and others lease their space. There are over 50
happy commercial and residential condominium owners at Plaza Towers. We have been
involved in all commercial and residential sales and re- sales. hotelVetro is managed by the same
company that manages the Sheraton. We have an excellent business relationship with the
Sheraton ownership and have worked with them to create synergy between Sheraton and
hotelVetro and both conference centers.
We also encourage you to revisit the letters of reference submitted with our original proposal.
Your design team's capacity to create an urban design that meet's the RFP's
objectives and fits the College St / Gilbert St site:
o Our team's Landscape Architect has woven The Chauncey and Chauncey Swan Park into a
contemporary urban design setting that brings an exciting architectural solution to the site. The
Chauncey combines uses that will attract people with diverse interests to a common
place promoting interaction and excitement for Iowa City residents and visitors. The Chauncey's
first two levels are open and dynamic public spaces. When entering the building, there will be an
immediate sense of energy from the multiple activities happening in this unique space. One
might be greeted by the hotel concierge or be intrigued by the display of art and sculpture, or they
may be running in to catch a movie followed by a film education discussion. The space will
include bowlers of all ages and people stopping in for a bite at the cafe and an evening movie in
the park. All of these activities bring a vibrancy and excitement to downtown Iowa City. The public
spaces and variety of activities at The Chauncey and Chauncey Swan Park will create a
downtown destination, will provide synergy with other downtown businesses, and will give
residents and visitors opportunities that do not currently exist downtown. The activities and
venues offered by The Chauncey and Chauncey Swan Park will encourage people to spend
quality time downtown, rather than shop, get in their car and go home-
0
The Chauncey will also be home to several businesses and professional offices that will be
located above this two -story public area. Above that, visitors can stay at the Swan's Hotel. The
Chauncey's upper levels include beautiful residences of various sizes, including a substantial
amount of work force housing, all of superb quality. The residences will have generous balconies
and stunning views of our City. The Chauncey will redefine what is now a blighted corner,
incorporate and enhance the Park, and create a sense of place.
15
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
Your development team's vision for the project as determined by the proposal, place -
making capability and ability to create a downtown destination point
o The Chauncey will bring uses that do not currently exist downtown and which are top on the list of
the market studies commissioned by the City and by University of Iowa. In mixed -use
developments we also strive to introduce commercial uses that derive benefit from the scale of
the project thus allowing uses that would not be feasible in urban stand -alone facilities. The
theaters, bowling center, cafe, hotel and gallery space with generous public space will combine to
be a destination point which is aesthetically pleasing, energetic and attractive to all ages and all
socio- economic groups. It will bring art, sculpture, music, movies and bowling to our downtown
with space for public gatherings. It will upgrade and weave Chauncey Swan Park into these arts,
entertainment and culinary venues. For many years we have worked to enhance the sense of
place in downtown Iowa City; The Chauncey is another piece that will add to that sense of place.
Bowling is the largest participatory sport in America, with nearly twice as many active participants
as golf and four times as many as either tennis or skiing. The bowling industry now takes in over
$6 billion annually in the U.S. alone. And a huge youth movement is making the game more
popular by the day. The theaters and bowling center will provide alternative venues that
everyone active in our downtown has talked about for a very long time. Iowa City is a very
special place and The Chauncey was conceived for Iowa City by a team knowledgeable about,
and devoted to, downtown Iowa City.
In partnership with the City, a vibrant environment was created at Plaza Towers with synergy
between the many successful businesses, hotel and residential uses. hotelVetro has received a
number of coveted awards, has established a national and international reputation, and enjoys a
loyal following of return visitors from around the world. Retail grocery stores operate on very thin
margins but through years of hard work, advantageous lease terms and multiple capital infusions,
Bread Garden Market & Bakery has survived and has become a beloved destination point. For
several decades the Plaza Towers site was vacant; today it is one of the most active and exciting
areas downtown. With the help of the City, Plaza Towers has been a success in every respect
and has exceeded expectations. As stated in that RFP in 2001, the City saw an "opportunity to
create an exciting capstone to downtown renewal efforts" and solicited an "imaginative design"
that would be "a striking addition to the downtown We are very proud to be a part of that
important downtown project. We are equally committed to deliver on The Chauncey proposal.
It is important to bring new and vibrant uses that are currently missing downtown, and not repeat
what has been done. Market Studies were commissioned to identify the uses we need to bring
downtown. The Chauncey directly responds to those studies. Vertical development provides a
strong boost to the tax base with no infrastructure costs to the City (no roads, sewer extensions,
water extension, etc) and virtually no demand on City emergency or other services. Downtown
vertical development represents smart growth.
Your development team's passion that you bring to the project in terms of resources,
commitment, team - make -up, etc.
o We renovate historic properties and develop new properties exclusively in downtown Iowa City.
Our team brings a strong balance of expertise in development, architecture, landscape
architecture, interior design, construction, marketing and management. We have invested and
re- invested in downtown Iowa City for many years and we use local businesses in the design,
construction, furnishings, marketing and management of our buildings. By utilizing local
businesses the "local multiplier effect' means the money spent on our projects recirculates
through the local economy many times-
0
The existence of the Bread Garden Market and Bakery is a testament to our resolve in exceeding
expectations and to our passion for downtown Iowa City. As part of the Plaza Towers
development agreement, the City required that the main floor include at least 10,000 square feet
for a full - service grocery store. We believed New Pioneer Coop was the logical owner and
operator of the store until our offer to build a rent -free grocery store was declined by New
S 16
College St. / Gilbert St Northeast Corner Project
The Chauncey, L.L.C.
Iowa City, Iowa
Pioneer's Board of Directors. We found an independent operator and built a 13,568 square foot
full - service grocery store, of which 1,388 square feet is seating (open air in warm weather and
climate controlled in cold weather). When the first store failed we invested more capital and
called upon a 30 -year friendship and business relationship with Jim and Maureen Mondanaro to
operate the store. Although we had legally fulfilled our development commitment to the City
when the first store closed, we were driven to do everything possible to revive the store and make
certain the City could be proud of the project-
0
We want to partner with the City on The Chauncey and we will make certain that the City is proud
of the result. We bring the same passion to The Chauncey that we brought to Plaza Towers. To
properly execute a project of this scale is an enormous, all- consuming, responsibility. We are
going into this with our eyes open.
We will remain personally involved in marketing and managing The Chauncey; Rohrbach
Associates PC will occupy a portion of the building; we have a dedicated partner in
FilmScene; and absolutely no one will work harder than our team to assure the success of
this project.
17
A;
Marian Karr
From:
Jim Throgmorton
Sent:
Wednesday, December 19, 2012 2:18 PM
To:
Council
Cc:
John Yapp; Tom Markus; Jeff Davidson
Subject:
Thoughts about the redevelopment project
Greetings to all.
At our meeting last night, we chose not to select a single preferred development. We chose, instead, to narrow the list
to three proposals, and to instruct the city staff to prepare a matrix that would help us choose among them. If I
understand correctly, we will review that matrix at our January 8 meeting.
We did the right thing in not leaping to a single preferred development. Our decision about this project will send a very
strong signal to the public and private developers about the kind of future we envision and desire for Iowa City and its
downtown. Because our choice is so important, we should proceed thoughtfully, at a pace that demonstrates we have
sufficiently considered the public's hopes and concerns as well as the facts of the situation.
During the meeting, I tried to articulate my views as clearly as I can. I repeat them here so that you and the public can
have easy access to them.
First, to choose wisely, we need to keep the baseline alternative in mind. By "baseline alternative," I mean that which
would probably be built on the site if the City simply sold the land to a private developer for redevelopment consistent
with CB -5 zoning. This would probably be a 4 or 5 story building, with commercial space on the first floor and student
housing on the top 3 or 4 floors. Staff estimates such a building would generate approximately $389,000 in annual
property tax revenues. Roughly forty percent of those taxes would go to the City, 40 percent to the School District, and
20 percent to the County. No public subsidy would be required. As we all know, however, such buildings have proven
extremely controversial over the past few years.
If we keep this baseline alternative in mind, we will be better able to answer the most important question we face:
which of the projects will add the most value to the "baseline alternative," and will the added value justify the requested
subsidy and foregone property taxes?
Second, we have to think carefully about what we really value. The staff gave us a reasonable and appropriate set of
criteria, but their criteria emphasize economic consequences and —as demonstrated during a public hearing we held on
December 3 —omit other factors that are of considerable value to many Iowa Citians. We should, therefore, consider
two additional criteria:
• The architecture and urban design of the preferred project should be of very high quality. We should not
subsidize construction of a structure that could be built in AnyCity, USA. Instead, as very many speakers said during the
public hearing, the preferred project should reflect and enhance the unique character of our downtown.
• The preferred project should demonstrably contribute to the downtown's and the city's long -term sustainability.
Many speakers emphasized this point during our public hearing. Moreover, all five of the developers highlighted the
importance of this criterion during the public hearing.
I elaborated on each of these points during the work session we held immediately prior to our formal meeting:
• It is especially important that the preferred building's design be compatible with and enhance our downtown's
unique sense of place, and that the scale (height and mass) of the building be appropriate for a transitional zone
between downtown and the residential neighborhood to its east. Being located in a transitional zone, the site calls for a
building that would be in the range of 5 to 13 stories tall. Purely in terms of urban design, it would be best to locate the
building at the north end of the block, at the southeast corner of Washington and Gilbert Sts. Regardless of the
building's height or location on Gilbert Street, the developers need to consider more carefully the relationship between
their building and other buildings and public spaces nearby. (This should include an analysis of the building's shadowing
of nearby buildings and public spaces.)
• . The preferred building should help transform Chauncey Swan Park into a gem that strengthens community ties
in this city. Accordingly the proposals should explicitly demonstrate how they would enhance the park, and how their
rooftop gardens and terraces would be integrated with it.
• We have a great opportunity to make a strong statement about our city's commitment to a sustainable future.
We should, therefore, require the revised proposals to achieve at least LEED Gold certification (or its substantive
equivalent) plus a specified degree of energy efficiency (perhaps using 60% less energy that currently required by code).
• 1 support the idea of subsidizing "workforce housing" at this site, but I am not willing to subsidize construction of
luxury penthouses and other condos in which the vast majority of our city's residents cannot afford to live. How can we
be sure, though, that the workforce units will be occupied by legitimate members of the downtown workforce, both
now and in the future? Moreover, I think a specified percentage (perhaps 15 %) should be affordable to lower income
workforce households (60% of median household income) and /or elderly or disabled people on fixed incomes.
• Like many speakers in our public hearing, I am attracted to the possibility of including one or two small film
theaters (perhaps Film Scene) into the chosen project. But I am not persuaded there is merit in subsidizing construction
of a boutique hotel. Nor am I persuaded that we should subsidize a few bowling lanes. At a minimum, we should find out
whether the University is already planning to install bowling lanes in the IMU.
• I see very good reasons to support projects that will generate substantial property tax revenues for the city, and
hence pay for the public services that Iowa Citians expect. But it is not at all clear that the promise of additional
revenues 15+ years in the future can — unless the non - monetary benefits are very large— justify deflecting property taxes
away from the County and the School District, and committing such a large amount of government obligation bonds in
the present. On this point, it should be noted that — according to data provided by the staff —at the end of Year 15 the
three surviving proposals will have generated between $2.44 and $5.84 million less in property taxes than the
"baseline" alternative.
Whichever development we select, it should be one that will symbolize and manifest our city's commitment to a
sustainable future, a future that displays continuity with the past while also responding creatively to the challenges of
the future. If the revised proposals do not demonstrate substantial monetary and clearly articulated non - monetary
benefits that we value highly, I believe we would be better off selling the property to a private developer without any
public subsidy.
Marian Karr
From:
Carol deProsse <lonetreefox @mac.com>
Sent:
Wednesday, December 19, 2012 1:07 PM
To:
Council
Subject:
Latest blog
This correspondence will become a public record.
http : //twoatthefringe.blogspot.com/` 2012 /12/ three - proposals- reach - next- stage.html
If link doesn't work, copy and paste into URL bar.
Two At the Fringe
Everyone looks at the issues from a different perspective. This is ours, sometimes individually, sometimes as a duet.
WEDNESDAY, DECEMBER 19, 2012
Three Proposals Reach Next Stage
Still in the Game
Chauncey Gardens
The Chauncey
4 -0 -4 _..
Iowa City Public Art
With miolt Councilors not expressing a preference for a particular proposal, the three
that made the cut will undergo further review by City staff and the National Development
Council, based in New York. Jeff Davidson, Director of Planning Et Community
Development, several times emphasized that the Council could reject all proposals and
set new criteria for submission of another round of proposals, but the Council rejected
that option gn the basis that the remaining developers already had considerable resources
invested.
The City 7inance Director has been removed from playing any financial oversight role
due to a N6y Pioneer board member filing a complaint with the City Manager, accusing
the Finance )irector of having a conflict of interest because he personally does not
support the location of the Co -op to the College /Gilbert site. It's bothersome that
another me ber of the New Pi board, a City employee, has not been asked by the board
to resign from one or the other position to avoid a perceived conflict of interest. It is
apparently acceptable to some board members for a director /public employee to have a
vigorous public voice in support of New Pi's relocation, but not acceptable for a public
employee /co -op member to have an opinion expressed privately to New Pi directors. It
makes one wonder whether other New Pi board members may have been working with
City staff during the more than two years of this process in an effort to secure their
desired relocation goal. A FCIA" request has been filed with the City by this blobs author
in an attempt to better understand the process.
4 -0 -4
The least attractive and totally unimaginative proposal (it looks like an inner city
housing project of yore), is 4.0.4, a brown blob of commercial space and rental
apartments with New Pioneer on the ground level. 4 -0 -4 has committed to Platinum Level
LEED Certification and at eight stories it is the shortest of the proposals and would
generate the least amount of property taxes. LEED Certification has come to be a desired
end, but is time consuming and involves considerable expense. Please see the articles,
LEED Advantages and Disadvantages, at http: / /www.tundygroup.com /about /historicaL-
projects /green- projects -teed- certified /leed-benef its- and - disadvantages/ or, Top Pros and
Cons of LEED Certification, at http: / /www.smartptanet.com /blog /design-
architecture /top -pros- and - cons -of -teed /5879
Chauncey Gardens
Chauncey Gardens (18 stories) and The Chauncey (16 or 20 stories) are more
architecturally attractive and better meet the overall criteria established by the City; this
is especially true of The Chauncey, which would expand downtown entertainment venues
with a 12 -lane bowling alley and two theaters managed by FilmScene. In addition, there is
a cafe,art gallery and 35 -room hotel. Chauncey Gardens mentions an "unspecified theater"
in its proposal and has New Pioneer at ground level. The height of both these proposals is
of concern to some, but the Councilors voted to put a ridiculously tall building next to
Black Hawk mini -park so have little credibility on this matter.
All of the proposals include TIF subsidy from the City; TIF can take various forms
including money up front, which would certainly be the least acceptable.
Marian Karr
From: Julie Schweser <j u lieschweser@g mail. com>
Sent: Thursday, December 20, 2012 10:19 AM
To: Council
Subject: Building proposals
Re: proposals for the College and Gilbert building
I know the Moens and love their commitment to and passion for downtown, but originally I felt that if all proposals are
similar, it's time to give someone else a chance. However, it's obvious to me that the final 3 are not similar. The concept
for The Chauncy is much more out of the box, and far superior to the other two finalists. In fact, it's the only one that's
really exciting.
I've been a Co -op member for 20 years and I know there is a genuine need to move and expand, but I'm worried about it
moving so close to the Bread Market as they have similar items and will fight for the same customer base. The Co -op
will have other options, other opportunities, as will the bike library. But how many other opportunities will we have for
a project like FilmScene, combined with a bowling alley, a cafe and a park? It's such a wonderful way to round out the
downtown area as a real arts and entertainment center, with broad appeal. I know I would be downtown a lot more,
and my children and grandchildren will love it when they visit. And it's another way to impress my visiting city friends
with the answer to the question "Why do you stay in Iowa ?"
The Chauncey is a plan I never would have envisioned, but I'm in love with it.
Julie Schweser
This correspondence will become a public record.
Sent from Julie's iPad
Marian Karr
From: Jim <jim @prairielights.com>
Sent: Monday, December 24, 2012 10:47 AM
To: Council
Subject: Greyhound Building
Dear City Council Members
You are faced with making an extremely important decision and up until now, you have earned a AAA grade. There are
now 3 building choices: 2 tall buildings or an 8 story and New Pi or the bowling alley and movie theatre.
A former council member has been lobbying hard to prevent New Pioneer from moving.
The New Pi members voted overwhelmingly in support of the move. The losers, a trio of discontents, tried twisting the
90% approval with logic akin to that employed by Karl Rove and Dick Morris on election night last November.
New Pioneer is a homegrown business. As food cooperatives failed all over the country in the last 25 years, New Pi grew
stronger, a phenomena envied from St. Paul to St. Louis. Its strength speaks authoritatively about the richness of the
Iowa City community. Keep Iowa City moving forward. The movie idea is a good one and will get its chance in the Vito's
remodel but New Pioneer has worked extremely hard and deserves a space in the new building: Nine of the ten
proposals thought so. Awarding a proposal with New Pioneer as the anchor will enhance Iowa City's national
reputation. You will be making the right choice!
James Harris
Prairie Lights, Founder
Marian Karr
From:
Matthew J. Hayek <mhayek @hhbmlaw.com>
Sent:
Wednesday, December 26, 2012 1:42 PM
To:
Marian Karr
Subject:
FW: Trinity Church shade study granted
From: Benjamin Webb fmailto:bwebb(atrinityic.org]
Sent: Friday, December 21, 2012 11:53 AM
To: Rick Dobyns; Michelle Payne; Terry Dickens; Matt Hayek; Susan Mims; Jim Throgmorton
Subject: Re: Trinity Church shade study granted
Dear Mayor and Council Members,
Trinity thanks you all, and particularly Rick and Matt, for ordering the shade study request (below) be done on each of your
current three development proposals, in keeping with the seasonal date and time specifics we've outlined here. Please keep
us informed when the results are ready before your January 8th session so we have time to evaluate the relative impacts,
though we continue to hope and advocate for a location on the north side of the City lot. It would be constructive to preserve
downtown something of the New England commons, with its village greens always surrounded by a church spire pointing to
the needs and enduring value of the human spirit.
We also appreciate your consideration of Trinity's collective voice and that of our many friends and guests regarding our other
need for adequate parking, and our strong values around an affordable housing element and overall environmental
sustainability and good stewardship. We hope these will all become a part of your matrix for decision making.
Warm Regards,
Rev. Benjamin Webb
Interim Priest,
Trinity Episcopal Church
Corner of College and Gilbert
From: Benjamin Webb <bwebb @trinityic.org>
Date: Thu, 06 Dec 2012 12:06:16 -0600
To: <Rick- Dobvns @iowa- city.org >, < Michelle- Payne @iowa- city.org >, <Te rry- Dickens@ iowa-city.o rg>, <Matt-
Hayek @iowa- city.org >, < Susan- Mims @iowa- city.org >, <Jim- Throgmorton @iowa- city.org>
Subject: Trinity Church shade study requested
Dear Council Members,
At the public input session on the five development proposals for the Gilbert- College corner in downtown Iowa City, Trinity
Episcopal Church asked City Council to consider the extent to which a multistory building would shade our church for several
hours a day in some seasons of the year. This would affect the quality of light through our stained glass windows during daily
and weekly worship services, and might well affect our heating costs in colder months, as well as our preference of developers.
During a break in the meeting, we were told that the city has software that would allow a light study to be done. Since then we
were also told that City Council must actually order the developers to perform this with your cooperation. Therefore we ask that
you make this request of each potential developer on our behalf and that the results be shared with us and made public before
the final proposal is selected.
Specifically, we ask that this shade study be done throughout the daylight hours on the 21 st of March, June, September, and
December. There is currently a presumption about development occurring on the south end of the City site, but should the
Council entertain alternatives site development at the north end, we hope this light study will take that into consideration as
well, though a north end development will likely eliminate our light concerns.
Thank you for your kind assistance.
The Rev. Benjamin S. Webb
Interim Rector
Trinity Episcopal Church
Cell 319.290.6306
cc: Connie Champion
Marian Karr
From:
DAN AND BETH STENCE <dbstence @msn.com>
Sent:
Sunday, December 30, 2012 9:38 AM
To:
Council
Subject:
Development at Gilbert and College
Dear Council Members:
I am writing in regards to the development at the corner of Gilbert and College. Even though I am not a resident of Iowa
City, I am a member of Trinity Episcopal church and I am particularly concerned with the impact of the development on
Light and Parking.
Light is essential to our worship space. Just this morning, the light through the stained glass in our sanctuary filled the
church and was a tangible experience of this season of light. Beyond that, our LEED renovation was based on existing
light entering our sanctuary. Changes to that light would require us to use more artificial light increasing environmental
impact as well as our utility bills. I am heartened that the council has ordered a shade study and I hope that the you will
work with the developers to make changes to retain our light. I also hope that serious consideration will be given to
relocating the development to the north side of Chauncey Swan park.
Parking is obviously necessary for our members. Our congregation relies heavily on the Chauncey Swan parking garage
for Sunday morning parking. We also have disabled and elderly members members whose ability to attend is directly
related to parking close to our building. I urge you to work with the developers to ensure that adequate parking is an
integral part of whatever development is selected.
Thank you for your consideration,
Beth Stence
310 Golfview Ave.
Iowa City, IA 52246
Marian Karr
From: Sam Van Horne <sam.vanhorne @gmail.com>
Sent: Monday, December 31, 2012 6:01 AM
To: Council
Subject: The Gilbert and College Development Project
Dear Councillors:
I am writing to ask you to consider the needs and values of Trinity Episcopal Church as you make a decision about which
developer Iowa City will negotiate with for the development at College and Gilbert Streets.
I became a member of Trinity because it is an outward - facing congregation that serves the needs of people in the
downtown. My first experience with service to the community was working with other church members to staff the
Shelter House overflow in the year before Shelter House opened its own facility. Trinity plays a key role in the operation
of the Agape Cafe, which is a free breakfast program for the poor and homeless at the Episcopal chaplaincy at Old Brick.
Trinity members participate in the ecumenical free lunch program at Wesley House. We share our space with several
Twelve -Step recovery programs. Our church has decided to remain in the downtown area because we want to be a
useful part of the downtown community.
One of our needs is access to natural light from the east. Changes to that access would influence our ability to use our
property fully. The LEED renovation of Trinity was designed to use the existing light that enters the church sanctuary.
The light that streams in the stained glass windows is a vital aspect of our worship services, so please work with
developers whose projects will not impede our access to natural light. An obstruction of the light would increase our
utility bills and negatively affect the ambiance that is a central part of our worship. Please consider relocating the
development to the north side of Chauncey Swan park.
As to parking needs, we depend greatly on Chauncey Swan to accommodate our parking needs. During most of the year,
the on- street parking outside our church is full, so my wife and I almost always park in Chauncey Swan. In addition we
have disabled and elderly people who would find it difficult to attend Trinity without access to convenient, handicap -
friendly parking. We hope that the City Council will work with developers to ensure that adequate parking is included in
the development.
I also ask you to consider the importance of environmental stewardship by making sustainability a key criterion. Our
own major renovation was LEED Gold certified and met historic preservation standards. We would like to have a
neighbor with a similar commitment to sustainability.
Lastly, we hope that truly affordable workforce housing will be part of the development. We think that the community
can be served by having a mix of incomes to help stabilize the neighborhood.
Thank you,
Samuel Alexander Van Horne
5 North 7th Ave.
Iowa City
Marian Karr
From:
Amanda Owen Van Horne <ajowen@g mail. com >
Sent:
Monday, December 31, 2012 3:37 PM
To:
Council
Cc:
Rick Dobyns; Michelle Payne; Terry Dickens; Matt Hayek; Susan Mims; Jim Throgmorton
Subject:
College /Gilbert Proposed Developments
Attachments:
Dear City Council of Iowa City.docx
This correspondence will become a public record.
Dear City Council of Iowa City,
I am writing in regards to the Gilbert /College development. As a member of Trinity
Episcopal Church, I am concerned about our church's access to eastern light and
parking needs. Trinity's sanctuary renovation was predicated on the idea that we
would have access to light from the east and the ambiance of our worship space
depends heavily on the light coming in through the stained glass windows that face
Gilbert /College. Parking, particularly on Sunday, but also on weekdays is also
critical for our parishioner's full access to the church's facilities. While we are
grateful for the use of city parking facilities, we recognize that continued street level
access is critical for our church's survival. Asking the 75 year old altar guild
member or a young mother with a toddler and an infant to walk from Chauncey
Swan's 3rd floor on an icy cold day would influence attendance and participation in
our ministries. The developments proposed all have the potential to influence the
light and parking access that our church depends upon. We think of ourselves as a
downtown church and we serve many more than the people who claim membership
in our church. We ask that the city take into account the light and parking needs of
the church.
While I am concerned about Trinity's parking and light needs, I am even more
concerned that the council use the contribution of city land and the TIF financing
and development opportunity in a way that promotes a just society. Currently the
council is considering the need for retail space, attractive ground floor retailers, and,
to a lesser extent, housing as factors in their decision making process. I urge the
council to carefully consider the mixture of housing available in each development
with careful attention to workforce and low- income housing. As the proposals have
been articulated on the city website, 2 of the 3 proposals do not address the specific
proportions of units that would be allocated for workforce housing.
I know that the call for proposals by the city only asked developers to include
workforce housing. As I understand it, workforce housing is defined as housing that
would be affordable (33% or less income) for people making the annual median
income for the county ($70,000 /yr). This works out to rents of approximately
$2000 /month, hardly affordable! I am troubled that the definition given for the cost
of workforce housing is such that the average teacher, firefighter, city employee,
university staff member or secretary could not afford to live in the housing units.
Certainly a young family could not choose to live in one of these buildings given the
high cost and small space (studio,1 & 2 bedroom units) in the proposals.
Although not included in the call for proposals, the city also needs fully integrated
low- income housing. Asking developers to include units that are priced for
households making $45,000 /yr (approx. $1000 /mo) mixed with housing priced for
other income brackets has the potential to stabilize neighborhoods and prevent
systemic problems. Middle /low- income housing provides the opportunity for
elderly populations on a fixed income to "age -in- place ". Access to downtown
amenities, including the bus line, the library, and local churches is especially
important for these populations. While reduced rent could lead to those units
becoming student housing, again, integrating students with other residents will
reduce potential problems and encourage better behavior.
Trinity Episcopal Church has made a long term commitment to being a downtown
church. We have recommitted ourselves to this location by virtue of our own
recently completed LEED certified, historic preservation compliant renovation. We
have routine contact with individuals who live on the edge of poverty. We have
actively supported Shelter House (Overflow work through the CRC; housing the
book sale for many years), Free Lunch, the Crisis Center and the Agape Cafe.
Personally, at the Cafe, I've come in contact with many folks who work hard, hold
stable jobs, and are not homeless but are one event away from being homeless. The
high cost of housing in Iowa City and Coralville - due to the presence of students
and the university - exacerbates this problem. Segregating low- income housing to
one or two areas of the city does not promote stable neighborhoods or safe living
arrangements.
As the council negotiates with developers, I would like to see the decision making
matrix include:
1) larger and more specific proportions of workforce housing
2) workforce housing that is accessible to the true workforce of Iowa City
3) consideration of inclusion of some low - income housing units.
Iowa City is a wonderful place to live and one of the reasons for that is that it
consistently takes into consideration those are less fortunate and less capable of
advocating for themselves. I hope that the council will continue to uphold the values
associated with a progressive and just society and advocate for mid -low income
individuals as it selects and negotiates with developers for the College /Gilbert site.
Sincerely,
Amanda Owen Van Horne
Jr. Warden
Trinity Episcopal Church
5 N 7th Ave
Iowa City, IA 52245
Marian Karr
From:
Karyn /Doug H <karyndough @g mail. com>
Sent:
Tuesday, January 01, 2013 11:46 AM
To:
Council
Subject:
College & Gilbert Street Development
I am writing the Iowa City Council in regards to the College & Gilbert Street Development. I have been a
member of Trinity Church for over 12 years now. At one point a few years ago when major repairs were
going to be needed, we held a voter's meeting to decide whether to stay in our present location or
relocate in an outlying area like St. Pat's did after the tornado.
It was almost a unanimous decision to stay because we felt we wanted to remain a positive force for the
community within the downtown district. With the influx of new bars constantly popping up in the city
center, we felt that it is more important than ever to stay in an area where we could be more visible and
active in establishing healthy social values and public safety.
We hope the council agrees with us that it is very important for the health and stability of Iowa City to
find developers who will build with social and environmental values in mind as well as only economic
ones. With our recent renovations, Trinity worked very closely with LEED contractors to establish as
much conservation as possible along with historic preservation standards. We hope this feeling of
stewardship carries over with the developers for this project as well.
Before the Council makes a decision about this development, I would like to share two of what I feel are
Trinity's most urgent concerns:
1) Light: Changes to the existing natural light source would significantly alter Trinity's current use of our
building. Our LEED renovation was based on light that entered the sanctuary. Besides eliminating the
ambiance of our stained glass windows, it would also increase our utility bills by requiring additional
lighting and heating that the sun would have provided.
2) Parkin: Trinity relies heavily on the Chauncey Swan parking lot to accommodate our worship service
needs. We have several disabled and elderly members whose attendance would be limited by making the
church difficult to access. We hope that the City Council will work with developers to ensure that
adequate parking is maintained.
In conclusion, I strongly urge the Council to require any developer to build a rising structure on the north
end of the block and make the south end across from our church a green space or park. This would seem
much more logical for everyone involved and would maintain existing natural resources for our
congregation.
Thank you!
Douglas Hempel (4735 Chandler Ct, Iowa City, IA)
Marian Karr
From: Andy Brodie <andy @icfilmscene.org>
Sent: Wednesday, January 02, 2013 3:22 PM
To: Council
Subject: Letter from FilmScene
Attachments: filmscene_council_ letter 12_28_12.pdf
Dear Iowa City Council Members -
Attached, please find a follow -up letter from myself and FilmScene co- founder Andrew Sherburne, written and
sent on behalf of our Board of Directors. Below, I've also included the text of my recent guest opinion in the
Iowa City Press - Citizen. Thank you for your time and consideration. We look forward to a bright future for film
in Iowa City!
Best,
Andy Brodie
FilmScene co- founder
Downtown Iowa City in need of a home for film
By Andy Brodie
Published Dec. 4, 2012, in the Iowa City Press - Citizen
Iowa City needs a home for film.
To build such a home, Andrew Sherburne and I co- founded FilmScene. Supported by a talented board of
directors, our work is reflected in The Chauncey, one of five finalists selected by the City of Iowa City for
redevelopment of the northeast corner of Gilbert and College Streets.
Although our plans were only recently made public, The Chauncey is the culmination of more than a year of
FilmScene's collaborative efforts with our development team.
FilmScene is a nonprofit organization dedicated to enhancing the cultural vitality of the Iowa City area through
the presentation and discussion of film as an art form.
Our primary goal is to operate a full -time cinema in downtown Iowa City to showcase the best in contemporary
cinema, including American independent films, foreign films and documentaries, as well as classic film
programming. Other key FilmScene program areas will focus on community development and arts education.
More information can be found at icfilmscene.org.
FilmScene will give cinema the same prominent position in our community that other arts enjoy and provide
Iowa City with a moviegoing experience it deserves and has been missing.
We know there is a demand for this based on market studies done on behalf of the city and the University of
Iowa, and underscored by the positive feedback we've received. Successful models for FilmScene exist around
the country, with a growing number of nonprofit, dedicated art houses in cities of all sizes.
"There are at least 500 independent community -based art house theaters in the U.S.," according to Russ Collins,
executive director of the Michigan Theater in Ann Arbor, Mich., and chair of the Art House Convergence, an
annual gathering of independent theater operators.
Without such a venue, Iowa City remains behind the curve, but FilmScene represents an opportunity for Iowa
City to become a regional leader by creating a home for film lovers and filmmakers alike. A prominent
downtown location will allow FilmScene to have the greatest artistic, cultural and economic impact, helping to
build and reinforce downtown's status as an arts and entertainment destination.
FilmScene has been part of The Chauncey project from the beginning. A committed team, we have a shared
vision for a remarkable space that is thoughtfully designed. FilmScene's theaters are striking architectural
features, which will help make the cinema and The Chauncey a marquee addition to downtown.
We have worked hard to lay the groundwork for FilmScene by building alliances and community partnerships.
We have shared our vision with other area arts organizations, all of which have indicated support for
FilmScene. And we have developed a strong relationship with the University of Iowa through meetings with
student leaders and top administrators. FilmScene will create opportunities for students to work closely with us,
and daytime use of the theaters by the university has also been discussed. The Bijou student organization fully
supports FilmScene, and the university has indicated strong interest in being part of our project.
Born from technological and artistic innovation, cinema has a rich and dynamic history. The predominant art
form of the twentieth century, cinema continues strong today with its wonderful mix of screen alchemy -- a
medium that entertains, inspires and educates us by combining elements of other arts, including literature,
photography, painting, theatre, design and music.
To quote acclaimed director Martin Scorsese, "Now more than ever we need to talk to each other, to listen to
each other and understand how we see the world, and cinema is the best medium for doing this."
FilmScene couldn't agree more. Together, let's build a home for film in Iowa City.
�Ce�
1210 GRANT CT. IOWA CITY, IA 52240. 319 -541 -5443
W W W.ICFILMSCENE.ORG
December 27, 2012
Dear Iowa City Council -
We are writing to thank you for your consideration of The Chauncey proposal, which includes FilmScene,
and to reiterate our exclusive commitment to the project and its development team.
Downtown Iowa City needs a home for film. FilmScene will work to complete Iowa City's "arts circle"
by placing cinema prominently alongside other arts in our community. While the need is clear, building a
cinema downtown is not a small task, and we absolutely need a committed development partner in order
to do so. We have such a partner in The Chauncey team, led by architect Steven Rohrbach of Rohrbach
Associates. Our team has the experience and proven track record to work with the City to meet its various
development goals for the Gilbert and College RFP.
Due to the large space requirements for a cinema, and the lack of such properties available downtown,
new construction is necessary to build a first -rate, long -term home for FilmScene. Because FilmScene
is not a developer, we met with a number of civic and business leaders early in our search for a partner.
When the opportunity for The Chauncey emerged, our board of directors voted unanimously to pursue it,
and it's been a terrific partnership from day one.
Working collaboratively for more than a year, we have crafted a shared vision for a remarkable and
dynamic space —an arts and entertainment destination, which, like the Englert, will be an iconic cultural
landmark that works to positively define, enhance, and reflect Iowa City.
The Chauncey will enable FilmScene to have a bright future downtown. Our love for cinema and Iowa
City is strong, and we are deeply committed to building an even better, more vibrant community. We have
also worked hard to form positive partnerships with the University of Iowa and other community groups
to ensure FilmScene's success.
We are always happy to answer any questions you may have, and further information is available on our
website at www.icfilmscene.org. On behalf of our entire board of directors, thank you again for your time
and consideration.
Sincerely,
Andy Brodie & Andrew Sherburne
FilmScene co- founders
Board of Nick Arnold Laura Bergus Karen Chappell Thomas Dean
Directors Evan Evans David Gould Tommy Haines Naomi Hospodarsky
Kembrew McLeod Doug Ongie Andre Perry Sasha Waters Freyer
FILMSCENE IS A NONPROFIT ORGANIZATION DEDICATED TO ENHANCING THE CULTURAL VITALITY OF
THE IOWA CITY AREA THROUGH THE PRESENTATION AND DISCUSSION OF FILM AS AN ART FORM.
Marian Karr
From: Melanie Baker <mbaker @sheratoniowacity.com>
Sent: Thursday, January 03, 2013 8:16 AM
To: Council
Subject: Letter of Support - The Chauncey
Attachments: Scan 001.pdf
Good Morning -
Please accept my letter of support for The Chauncey being proposed in Iowa City. I look forward to inclusion in the
council packet.
Thank you -
Melanie
Melanie Baker
General Manager
t-319.337.4058 m - 615.500.8998 f-319.337.7037
SHERATON IOWA CITY
210 South Dubuque Street, Iowa City, IA 52240 sheraton.com /iowacity
hotelVetro
201 South Linn Street, Iowa City, IA 52240 t - 319.337.4961 f - 319.337.7037 hotelvetro.com
Confidentiality Notice: This e-mail message, including any attachments, may contain confidential information intended
solely for the use of intended recipient(s). If you are not the intended recipient(s), you are hereby notified that any
dissemination, distribution, or copying of this e-mail message is strictly prohibited. If you have received this message in
error, please immediately notify the sender and delete this e-mail message from your computer and all copies and
backups thereof.
December 31, 2012
City of Iowa
410 E Washington Street
Iowa City, IA
To the Honorable Mayor and City Council Members:
As the General Manager of the Sheraton Iowa City and hotelVetro I am writing in
support of the hotel being proposed for downtown Iowa City, IA - Swans Hotel at The
Chauncey. Currently Davidson Hotels & Resorts manages both operating properties and
remains committed to provide the best hospitality services for our visitors.
We work closely with Marc Moen of Plaza Towers L.L.C., as the owner of the hotelVetro
property. Marc has built an exceptional physical building of high quality materials and
amenities. hotelVetro is a needed hospitality experience for the luxury traveler and was
a vision before it's time. Mr. Moen continues to support amenities, capital investments
and upkeep including programs to enhance experiences and staff development. He is
actively engaged in assuring excellence in the operation of hotelVetro and takes great
pride in that property. We have a first -rate relationship with Marc, which contributes to
the hotels success.
Marc has consulted with us regarding the proposed 35 room Swans Hotel at The
Chauncey. We support Marc's vision of this unique hospitality accommodation for Iowa
City. Our discussions have included: being judicious regarding the number of rooms
added to the downtown market at one time; the synergy we can create between The
Swans Hotel, Sheraton Iowa City and hotelVetro; and the importance of superior quality
and excellence in design of guest rooms to provide new options and opportunities to
excite new travelers into our market.
As the operator of the two (2) existing downtown hotels we are fully engaged in, and
passionate about, downtown Iowa City. The uses proposed for The Chauncey will be
great additions to downtown and are needed to enhance the overall traveler experience.
We enthusiastically support "The Chauncey" development proposed for the corner of
College and Gilbert Streets. We look forward to your approval of the project and
increased opportunities for leisure services. We need this building to support the entire
community while identifying further Iowa City as the preferred destination for leisure
and business services.
Sincerelk;ato
a ie
GM - Sh owa City & hotelVetro
A Letter to the City Council of Iowa City in regard to the
proposed building for the College/ Gilbert Streets corner.
2013 JU,i _3 AN Ida I
January 1, 2013
To the City Council Members:
I was pleased to see at your most recent meeting your approval of the historical
status of a portion of Jefferson Street. I found this encouraging. I hope this continues
to be a priority for you in future decision - making. It made me feel optimistic about
what you would choose to build across the street from Trinity Church. However,
when I learned that two of the three proposed buildings were among the tallest, with
the most glass and metal, I was very disappointed.
I couldn't help wondering if the City Council had recently made a field trip to Chicago
or another large city and had been enticed by tall shiny buildings constructed mostly
of metal and glass. In Iowa City we have already acquired two buildings of this
description -- Plaza Towers and the Moen Apartment building. Then a third one was
approved for the Wells Fargo location. These three buildings reflect Mark Moen's
taste and preferences, but perhaps not that of many other local residents.
I hope these three buildings have satisfied your appetite for tall buildings. It is
my hope that in the future, you will consider buildings that fit the "character of the
neighborhood,' a phrase often heard at City Council meetings. At a meeting a few
months ago, Jim Throgmorton objected to the design of the Justice Center, because it
did not fit "the character of the neighborhood' as outlined in the revitalization plan
currently under consideration for that area.
As you approach the Gilbert/College corner from the south, tastefully designed
apartment buildings appear on the west side of the street. These are constructed
mostly of brick and are more classical in design. Then we come to Trinity Episcopal
Church and the Commerce Building. No really tall buildings are seen until you
arrive at Washington Street with Ecumenical Towers and a newer building next door.
I wonder if new buildings of not more than ten stories could become the standard.
The Rec Center, City Hall /Fire Station, College Street parking ramp and Chauncey Swan
Park occupy much of the land east of Gilbert Street, creating an attractive complex
which is dedicated to city services.
When the final decision is made, I hope you will choose a building of ten
stories or less, with LEED certification, that fits the character and the
integrity of the surrounding neighborhood, and that will respo %Q tt =Y
need for mixed housing.
I write to you not only as a concerned resident of Iowa City for more than 45 years,
but also as a member of Trinity Parish. In our letter presented to you a few weeks
ago, the issue of handicapped parking was raised. I can assure you that we have
more than three parishioners who would appreciate additional parking closer than the
College Street parking ramp, three being the number of designated spaces. The
Masonic Hall driveway, fortunately, provides loading /unloading space. Nevertheless,
additional spaces for handicapped parking are desperately needed. If this is not
possible, we would still need to be assured of access to the College Street ramp
for Sunday services, and at other times for weddings, funerals and the like. I hope
you will include this when you present the matrix to interested builders.
As a frequent viewer of Council meetings on Channel 4, I am well aware of the variety
of ideas and opinions presented on many issues. The public hearings are very helpful,
I think. We will patiently await your final decision.
Thank you for your service for the citizens of Iowa City.
Respectfully submitted,
CD
Carol H. Winter
1550 Somerset Lane
Iowa City, IA 52240
I log
Marian Karr
From: Joanne Madsen <JSMadsen @mchsi.com>
Sent: Thursday, January 03, 2013 10:59 AM
To: Council
Subject: College & Gilbert Development
To the City Council members:
As you deliberate on the merits of the proposals for the College and Gilbert Streets space, I ask you to consider how a
new building will affect the neighborhood, including Trinity Episcopal Church, of which I am a member. One sees
examples around town of new structures that seem to have no respect for the environment in which they are
placed. "Big and new" shouldn't automatically trump the rights or amenities of what has been in place for well over a
century. I am concerned about being in the shadow of a building that does away with the morning light in Trinity's
sanctuary. I am also concerned about a loss of convenient parking, especially to older or infirm people. Please think
about these things as you make your decision.
Thank you for your consideration.
Joanne S. Madsen
I
Marian Karr
From:
Michael Eckert <eckert.ms @gmail.com>
Sent:
Thursday, January 03, 2013 11:09 AM
To:
Council
Subject:
College and Gilbert St development
Dear Council Members,
As a member of Trinity Episcopal Church, I urge you to consider the following in your decisions
regarding the three current proposals for developing the College & Gilbert St. site:
Support sustainability and LEED standards: Trinity's recent renovation met Gold -level LEED, as
well as historic preservation. Of the three proposals, 4 Zero 4 appears to be the most
environmentally responsible.
Most critically, keep proposed structures from blocking light from the east to our sanctuary along
Gilbert Street. Please consider locating new buildings on the north rather than the south side of
Chauncey Swan park.
Thank you,
Michael Eckert
■1
Marian Karr
From: Joan Falconer <joan- falconer @uiowa.edu>
Sent: Thursday, January 03, 2013 2:10 PM
To: Council
Subject: the remaining three proposals for the Gilbert Street Development
I have been a member of Trinity Episcopal Church since my arrival here in 1985. For almost as long, I have
been a member of the New Pioneer Co -op. I retired from the University in 2000 with the rank of Librarian
III. I contribute to civic causes, volunteer for the Free Lunch program, and hold membership in several
environmental organizations. As a young adult I lived in New York City (Manhattan) for over 10 years. My
views on the proposals take these experiences as their point of departure.
The 4 Zero 4 Development acknowledges the need of the Co -op for larger quarters and the wish of most
patrons, both student and non - student, to keep it near its present accessible location. To judge by the Coralville
store, it seems likely that an enlarged Co -op would employ more people and greatly increase its business. I also
share the support for the Bike Library, which would have continued proximity to College Green, a frequent
gathering place for riders. Finally, its proposal for LEED certification is exemplary, placing it firmly on the
right side of history. As you may know, Trinity Church has received LEED certification at the Gold level;
further, 10 University buildings are either already LEED - certified or are incorporating that goal in their building
and planning. ( http: / /www. facilities. uiowa. edu / sustainable- initiatives/LEED.html ) This suggests that LEED
certification is becoming the norm for new and renovated buildings in this town. Finally, the comparatively low
height of the building would not overwhelm existing structures. It would not shade out Trinity (thereby
preserving our sunlight and avoiding an increase to our utilities costs), and would not put so much strain on the
parking facilities, which are already scarcely adequate during many weekend hours. It would enhance the
forward- looking environmental commitment of the citizens.
Chauncey Gardens also provides space for the Co -op and (according to a communication from Bob Gassman)
also intends to seek LEED certification. Its 18 -story height is inappropriate for that corner, but the designers
have stated their strong preference for a location at the north end of Chauncey Swan Park, placing it downhill
from the 11 -story Ecumenical Towers and therefore in better harmony with its surroundings. I have been told it
also envisions a 4 -level parking area underground at the south end of the Park. Parking ramps are by their
nature ugly, and to have one fewer above - ground ramp would be a big plus. If the north -end location can be
made feasible, I could live with this proposal.
Regarding the Chauncey, the con's outweigh the pro's, in my view. A twenty -story structure is inappropriate
for the site and indeed for this entire college town. There are other locations for theatres and bowling alleys. It
makes no provision for the Co -op. It would cause serious parking problems. The absence of an expressed goal
of LEED certification suggests it does not share the increasing environmental concerns of this town, It would
create a canyon -like aspect, casting a perpetual shadow over the area. I doubt that it would contribute much to
the "vibrancy" of downtown, as many people would not feel comfortable near such a building, preferring rather
the greater sense of space and openness and conviviality of the Pedestrian Mall. And of course Trinity Church,
which has stayed downtown to facilitate its many community outreach programs, would feel crushed by the
presence of such a monolith across the street. Without the eastern sun to shine through our stained -glass
windows we would lose much of the ambiance of our worship space, and our utility bills would
increase. Parking could become more problematic for our handicapped members, especially for those who
participate in the church's weekday activities. The Chauncey would be a fine twentieth - century building for a
city, but where we live is (despite its name) not a city but an innovative college town whose atmosphere has not
only attracted those who come here to work and raise their families but also keeps them here in their
retirement. A building of the size of the Chauncey would compromise this atmosphere, and I sincerely hope the
Council will choose another option.
Thank you for your attention.
(Ms) Joan O. Falconer
1202 Yewell Street, IC
I
Marian Karr
From: Kristin Johnson <sunshineariel99 @yahoo.com>
Sent: Thursday, January 03, 2013 6:48 PM
To: Council
Subject: comment about corner of Gilbert and College Streets
Dear Iowa City City Council;
Please make sure whatever is built on the corner of Gilbert and College Streets contains the co -op. It is a
healthy business that contributes
so much to the Iowa City community and shows a concern for the long -range effects of this added enhancement
to our community. It
employs many, and is supportive of a healthy carbon footprint for its operation. It enhances family life in our
community and is a valuable
resource for everyone. It pays so much back into the community for various charitable organizations. We want
to enhance the quality of
life for the long -term, for when we are gone and our children inherit this community. Thank you very much.
Kris Johnson
Marian Karr
From: John Yapp
Sent: Friday, January 04, 2013 3:28 PM
To: Jeff Davidson; Marian Karr
Subject: FVV: CG Project Input
Attachments: 1 -4 -2013 CG Project Input to Council.odt
From: Pam Michaud [mailto:iowastay @gmail.com]
Sent: Friday, January 04, 2013 3:14 PM
To: John Yapp; james- throgmorton @icgov.org; michelle -payne @icgov.org; rick- dobyns @icgov.org; susan-
mims @icgov.org; terry- dickens @icgov.org; Connie Champion; Matt Hayek; julie- tolman @iowa - city.org
Subject: CG Project Input
Dear City Council and Staff,
Please see my attachment 1 -4 -13 CG Project Input. Thank you for considering human scale mid -rise
height and requiring a financially solid development team for the College Gilbert St. Project.
Sincerely,
Pam Michaud, College Green neighborhood
TIF Project Standards 1 -4 -13
In 2011, City Council gave a generous $250,000 grant to develop upscale offices in the previous Vito's
at 118 College St., then it was to be a FilmScene venue. The 118 renovation has stalled. The fledgling
FilmScene hosted only 4 screenings in the whole of 2012, all were at lovely City - funded Englert
Theater.
FilmScene's goal on their web site is "Youth classrooms geared toward arts education and media
literacy ". Alternative to a new 20 story building, FilmScene could rent two screens at Sycamore Mall
theaters. Sycamore Mall collaboration and incubation space would serve the Southeast side where need
for constructive activities for young people is greatest.
Local art can be showcased throughout 6 empty spaces in the Sycamore Mall more cost effectively than
City funding of a sixteenth gallery downtown.
Environmental Impact
Please notice this Winter that shadows October to March are twice the height of any structure. The
planned ( "201" Washington previously 114 S. Dubuque) building height will be about 150 feet. A city
block is 300 feet. Its shadow will extend North past Prairie Lights at mid day and farther at commuter
times 8 AM and 4 PM.
For the next downtown development site, can we remember how long shadows are 6 months of the
academic year? and how a concrete canyon dampens the mood - retail and otherwise?
The 14 story High rise on Dubuque St. Ped Mall will permanently overshadow Black Hawk mini Park.
A High rise on College and Gilbert would permanently overshadow the Farmer's Market and Chauncey
Swann Park. Ralston Creek can be dredged to prevent flood risk for the area. The Washington and
Gilbert site would not shadow Chauncey Swann park or performance area.
Financial standing
Any City development partner should have good standing with their specific financial institutions. The
City should require five years of tax returns from each prospective College Gilbert development team
so one team partner cannot conceal assets or debts in order to obtain TIF. Banks require developers are
required to invest 20 -25% cash up front. If a developer is not secure enough to take on financial
responsibility, then the project is too large for them. The Public is suspicious of complex assets like
2008 "mortgage derivatives" and may prefer an independent audit.
In the best interests of the community, the Council should support a variety of developers and projects
with more affordable rentals, not the already well - supplied upscale units. I encourage you to support
existing park, gold or higher LEED and energy self - sufficiency standards. The College Gilbert St.
building should not exceed 4 stories (apartments on Gilbert St.) south of Chauncey Swann park or 6
stories north of Chauncey Swann park to prevent diminishing the neighborhood park ambiance and
useability.
Thank you for considering human scale 4 -6 story mid -rise height and requiring a financially solid
development team for the College Gilbert St. Project.
Sincerely,
Pam Michaud, College Green neighborhood
Thursday, January 3, 2013
To: The Members of the Iowa City Council
I have belonged to the Trinity Episcopal Church congregation for most of my adult life.
This is partly because my upbringing prepared me to feel comfortable with the liturgy,
but more importantly, because I truly believe in the social and environmental values of
Trinity. We have chosen to remain downtown in our historic building, to be available to
the wider community and to support and volunteer at The Shelter House, Agape Cafe and
the Free Lunch Program. We offered a home to students from the Music Department
when their building was flooded. Our clergy and congregation have always participated
in interdenominational activities, promoting cooperation rather than separation between
beliefs.
Our recent renovation to the 150 year -old building received a Gold -Level LEED
(Leadership in Energy and Environmental Design) award. The restoration carefully
combined the preservation of the beauty of the original building with ensuring long -term
energy conservation. Both of these intentions depended, crucially, on the light coming
from the east, through stained glass windows.
We rely on the Chauncey Swan parking garage to accommodate Sunday morning parking
needs, particularly those of elderly or disabled people.
I hope that as you mull over the options for such a large building you will act on social
justice, not merely economic, issues and provide a mix of affordable housing, as well as
considering the wishes of neighbors. Would it be possible to relocate the development to
the north side of Chauncey Swan Park?
Sincerely,
Elizabeth Clothier '.- :Z
L
747 Rundell Street
Iowa City, IA 52240
n
Marian Karr
From:
Nora Roy <noraleonard roy@g mail. com>
Sent:
Monday, January 07, 2013 10:36 AM
To:
Council
Subject:
Re: development of College St. at Gilbert St.
I would like to go on record in support of the 4- Zero -4 prosposal for the development of the site at the corner of
College St. and Gilbert St.
My reasons are
1. The building is of a size and proportion that will fit with Iowa City's emerging urban style.
2. The building is sustainable and energy efficient.
3. The building would accommodate several needs of the community, including a great location for New
Pioneer Coop and the bicycle library.
4. The architect of record has a solid reputation for good design.
5. Tim Dwight is a local son, and has a solid, enduring interest in the growth and wellbeing of his hometown.
I am supported in my preference for the 4- Zero -4 proposal by my daughter, Megan Deirdre Roy, M.Arch
Washington University in St. Lawrence and a practicing architect in New York City.
Thank you for your consideration.
Marian Karr
From: ezra warren <easyridder24 @hotmail.com>
Sent: Monday, January 07, 2013 10:45 AM
To: Council
Dear Iowa City Council Members.
I am sending this email urging my support for New Pioneer to be included in the decision of what the build and the
corner of college and gilbert. Not only would this be a great opportunity to have a up to date facility for an organic /health
food store, but new pioneer also bring much more too the community than a theater or bowling alley. Sincerely Ezra
Warren
Marian Karr
From: bocomo @gmail.com on behalf of David Wilson <david @truefalse.org>
Sent: Monday, January 07, 2013 11:06 AM
To: Council
Subject: Filmscene at the Chauncey
Greetings esteemed Council members,
My name is David Wilson and I'm the co- founder of the Ragtag Cinema in Columbia, Missouri. I'm also the
co- founder of the True/False Film Fest and remain active on the board of Ragtag.
We started Ragtag in 1998 to help bring independent film to downtown Columbia. What was at first a weekly
screening series became a full -time theater in 2000 and, in 2008, moved into our current home with a 2 screen
cinema, bakery bar and video store. Ragtag has become one of the most beloved parts of Columbia and is now
included on any tour of the town for prospective employees, new professors, etc. Being able to provide new,
independent films to our community has been one of the most richly satisfying projects of my life.
But I'm writing you to encourage you to support the FilmScene project at the corner of College and
Gilbert. Andy Brodie and his team have put together a professional, forward - thinking plan and I think that
FilmScene not only has a great chance of succeeding but of thriving. This is a arts and entertainment
destination that all of Iowa City will be proud of.
You're being given a rare chance to support a project as well thought -out and strong as FilmScene. I hope you
seize this opportunity.
respectfully,
David Wilson
Co- Founder
Ragtag Cinema
(573) 999 -1974
True/False Film Fest
Feb. 28 - Mar. 3 2013
"Reality Re- imagined"
Marian Karr
From: Nicole Jardine <jardinenotsardine @gmail.com>
Sent: Monday, January 07, 2013 11:34 AM
To: Council
Subject: Support for new downtown Iowa City location
I'm emailing my support for the relocated NewPi to be in the downtown Iowa City area. Thanks!
- Nicole
Marian Karr
From:
Laura Christensen <laurachr @gmail.com>
Sent:
Monday, January 07, 2013 11:55 AM
To:
Council
Cc:
opinion @press - citizen.com
Subject:
College and Gilbert Development
Dear Friends;
I am a member of Trinity Church but also a native Iowa Citian. I am very concerned your choice for this
project.The 4 Zero 4 proposal is my choice for this project because it echoes the values of myself and (I believe)
many Iowa Citians by being the most environmentally friendly proposal, the least likely to turn downtown Iowa
City into a grotesque collection of buildings without an attractive visual coherence, the most in line with our
support of the New Pioneer Coop, the least likely to add to our current downtown parking strains, the proposal
requiring the least TIF financing, and the least likely to compromise the LEED certification of Trinity church.
Laura Christensen
Marian Karr
From:
Sent:
To:
Cc:
Subject:
Attachments:
Dear Council Members,
Rachel Jacobson <rachel @filmstreams.org>
Monday, January 07, 2013 12:19 PM
Council
andy @icfilmscene.org
FilmScene in Downtown Iowa City
Letter in support of Film Scene project.docx
Please see the attached letter in support of FilmScene as part of Iowa City's proposed downtown redevelopment
project.
Best,
Rachel
Rachel Jacobson
Director
Film Streams at the Ruth Sokolof Theater
1340 Mike Fahey Street
Omaha, NE 68102
402.933.0259 + 12
www.filmstreams.org
Sign up for our enewsletter & a weekly chance to win 2 free movie passes: http: / /bit.ly /nLDooQ
January 7, 2013
Iowa City Council
Dear Council Members,
I am writing in strong support of the FilmScene project as part of the proposed redevelopment project in
Downtown Iowa City.
I am the founder and director of Film Streams, a 501(c)3 nonprofit arts organization dedicated to enhancing the
cultural environment of the Omaha metropolitan area through the presentation and discussion of film as an art
form. As a nonprofit committed to screening films based on their creative, artistic, and social merits, Film Streams
depends on the support of our membership program, individual donors, grants from foundations, corporations and
government organizations, and volunteers. Film Streams' Ruth Sokolof Theater is a two- screen nonprofit cinema
located in downtown Omaha, within a mixed -use complex built by indie music label Saddle Creek Records.
Since opening our doors in summer of 2007, we've welcomed more than 250,000 visitors to more than 800
uniquely diverse programs, partnered with more than 100 community organizations, and helped to pioneer a
burgeoning North Downtown neighborhood that The New York Times called "a new cultural town square." We've
had tremendous support from the philanthropic community of Omaha, and currently have more than 2,000
members. Film Streams has attracted great media attention to Omaha, including a profile in The New York Times
and mentions in The Wall StreetJournal, on NPR's "Morning Edition," on ABC News and on PRI's "Studio 360:'
Cinema is arguably the most important and accessible art form of the last century. Great cities deserve to have
facilities dedicated to celebrating the best of what this incredible medium has to offer. Commercial cinemas simply
can't afford to show the best foreign films, documentaries, and American Independents unless the films themselves
have a significant marketing budget from major studios and media conglomerates. Great, diverse cinema needs
support, and FilmScene has a vision and has created a nonprofit structure that will pave the way to becoming a
truly important part of the cultural landscape of Iowa City.
I've been in communication with Andy Brodie, one of the Founders of FilmScene, for several years now, and I know
his vision for the FilmScene theater will contribute greatly to the vibrancy of your community.
Thanks very much for your consideration. Please feel free to contact me with questions- 402.933.0259, ext. 12.
Sincerely,
Rachel Jacobson
Founder /Director
Film Streams at the Ruth Sokolof Theater
www.filmstreams.or�
RUTH SOEOLOF THEATER
1540 MIKE FAHEY STREET
OMAHA'S OWN
NONPROFIT CINEMA
FF
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OMAHA. NE 49102
FILM*STREAMS.
402.955.0359
,r
FILMSTREAMS OR<i
...............................
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January 7, 2013
Iowa City Council
Dear Council Members,
I am writing in strong support of the FilmScene project as part of the proposed redevelopment project in
Downtown Iowa City.
I am the founder and director of Film Streams, a 501(c)3 nonprofit arts organization dedicated to enhancing the
cultural environment of the Omaha metropolitan area through the presentation and discussion of film as an art
form. As a nonprofit committed to screening films based on their creative, artistic, and social merits, Film Streams
depends on the support of our membership program, individual donors, grants from foundations, corporations and
government organizations, and volunteers. Film Streams' Ruth Sokolof Theater is a two- screen nonprofit cinema
located in downtown Omaha, within a mixed -use complex built by indie music label Saddle Creek Records.
Since opening our doors in summer of 2007, we've welcomed more than 250,000 visitors to more than 800
uniquely diverse programs, partnered with more than 100 community organizations, and helped to pioneer a
burgeoning North Downtown neighborhood that The New York Times called "a new cultural town square." We've
had tremendous support from the philanthropic community of Omaha, and currently have more than 2,000
members. Film Streams has attracted great media attention to Omaha, including a profile in The New York Times
and mentions in The Wall StreetJournal, on NPR's "Morning Edition," on ABC News and on PRI's "Studio 360:'
Cinema is arguably the most important and accessible art form of the last century. Great cities deserve to have
facilities dedicated to celebrating the best of what this incredible medium has to offer. Commercial cinemas simply
can't afford to show the best foreign films, documentaries, and American Independents unless the films themselves
have a significant marketing budget from major studios and media conglomerates. Great, diverse cinema needs
support, and FilmScene has a vision and has created a nonprofit structure that will pave the way to becoming a
truly important part of the cultural landscape of Iowa City.
I've been in communication with Andy Brodie, one of the Founders of FilmScene, for several years now, and I know
his vision for the FilmScene theater will contribute greatly to the vibrancy of your community.
Thanks very much for your consideration. Please feel free to contact me with questions- 402.933.0259, ext. 12.
Sincerely,
Rachel Jacobson
Founder /Director
Film Streams at the Ruth Sokolof Theater
www.filmstreams.or�
7
Marian Karr
From: Akash Borde <borde. aka. sh @g mail. com>
Sent: Monday, January 07, 2013 11:41 PM
To: Council
Subject: Include the New Pioneer Co -op at the new development at the College and Gilbert street
(Reject the Chauncey proposal)
To the City Council:
Please choose a proposal that includes the New Pioneer Co -op.
The Co -op is an essential element to the heart of Iowa City.
It offers some of the most quality food in the area, and is one of few stores that has such a variety of foods for shoppers looking for
vegan and/or vegetarian cuisine. New Pi supports local farmers in the greater Johnson County and throughout Iowa, strengthening our
local economy by helping Iowan farmers sell their produce.
My family and I regularly get our weekly groceries at the Co -op. We shop there because they offer quality, organic, healthy food. We
also are vegetarians, and New Pi always has an excellent selection for us. The Co -op consistently offers all this at very competitive
prices, too.
However, New Pi is important to many people other than myself. Over 26,000 people in the Iowa City and surrounding area are
members who regularly shop at the Co -op, and more people shop there who haven't gotten a membership.
An overwhelming majority (90 %) of the Co -op members supported relocating to a larger store. These members are the same people
who live and work in the Iowa City area. It is evident that this community wants the new development at the College and Gilbert street
to include the New Pioneer Co -op.
Please support their members' desires in relocating to a larger location downtown and reject the Chauncey proposal.
Thank you,
Akash Borde
Marian Karr
From:
Monick, Martha <martha- monick @uiowa.edu>
Sent:
Monday, January 07, 2013 1:23 PM
To:
Council
Subject:
New PI
Having a central New Pi that is close to the farmer's market is an important part of living in Iowa City. Please vote for a
downtown New PI.
Martha Monick
35 Pentire Circle
Iowa City, IA
52245
Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C.
2510 -2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that
any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender
that you have received the message in error, then delete it. Thank you.
Marian Karr
From: info @designranch.com
Sent: Monday, January 07, 2013 3:04 PM
To: CGProject; Council
Subject: Feedback re: College & Gilbert Street Northeast Corner Site Proposal
To the Council,
Regarding College & Gilbert Street Northeast Corner Site Proposal:
Each proposal to the city offers important features to our community, making selection difficult.
What I hear everyone talk about today is the seriousness of climate change as seen by radical weather around the globe the past
couple of years. So my hope for the council is that you will see this building selection as an opportunity to make a positive statement
that climate concerns are real and that this community is willing to address them. I hope you select the plan that incorporates the
most clearly- defined environmental features for a prosperous, sustainable and healthy community. Therefore, I recommend plan
4zero4.
Submitted respectfully,
Chris Gnade
Vice President & General Manager
Design Ranch
701 E. Davenport St.
Iowa City, Iowa 52245 USA
319 - 354 -2623
www.desianranch.com
Designed to bring beauty to everyday life!
a
Marian Karr
From:
Tom Kaut <tom @tomkaut.com>
Sent:
Tuesday, January 08, 2013 8:29 AM
To:
John Yapp
Cc:
Council
Subject:
Letter Of Intent for Chauncey Gardens LLC
Attachments:
aamot.pdf
Hello! Attached is a Letter of Intent from The Motley Cow Cafe for Chauncey Gardens LLC.
Thanks,
TK
Tom Kaut
REALTORS
LEPIC- KCROEOER, REALTORSID
2346 Morsnon Trek Blvd
Iowa Cite 1A 32346
Call: 319. 631 -5298
Office: 319- 248 -6536
Fax: 319- 351 4435
ton1@toat*&ULcoM
vvravWAOM ca mcom
Licensed to Sell Real Estate in the State of Iowa
The Mode Cow Calf
160 N. Linn Street • Iowa City, Iowa 52245 • 319.688.9177
Mr. Jesse Allen
President, Chauncey Gardens LLC
PO Box 3473
Iowa City, IA 52240
Dear Mr. Allen,
I am writing to express my interest in your business's proposed Chauncey Gardens building
project. Including a wine bar on the building's top floor is a great addition to the city landscape
and I would be grateful to participate in its development. I especially like the concept of making
accessible to the whole public such a unique, prime piece of real estate with its accompanying
views.
This letter does not act as a commitment to lease or purchase any space in the building.
However I do believe that The Motley Cow Cafe is a good match for such a space and I would
appreciate the opportunity to further this discussion with you in the near future, assuming
acceptance of your proposal by the city council and successful purchase of the property by your
group.
Thank you for considering my proposal and I wish you success with your undertaking.
Sincerely,
David Wieseneck, owner
The Motley Cow Cafe
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From:
Janiece <jepi lt@g mail. corn >
Sent:
Tuesday, January 08, 2013 10:49 AM
To:
Council
Subject:
College & Gilbert Development
Of the 3 choices, 4 Zero 4 impacts light, parking, the environment the least
LIGHT – I prefer to see a building only 4, maybe 5 stories high. This would would be more in keeping with the
scale of surrounding buildings and impact less Trinity Episcopal's dependence on natural lighting. (Yes, I'm a
member.)
PARKING – Chauncey Swan Parking Ramp is already full. Any new construction will have to provide new
parking — likely underground.
The 3 new apt. buildings newly occupied in 2012:
No.18 on Guilbert
Burlington Commons on Burlington and Van Buren
The Abby Apts. on E. Washington
have filled the Chauncey Swan leaving fewer parking spaces for business and professional people who work
nearby.
THE ENVIRONMENT –Any and all new construction needs to meet at least LEED standard. Whatever is built
will hopefully be used for many decades. Energy efficiency, sustainable building practices, using local
resources are all becoming more and more important. Nationally, new construction increasingly meets LEED
standards, as exemplified locally by Trinity's gold -level LEED. Note also, Luther College has new construction —
Sampson Hoffland Laboratories —that is LEED certified and Maharishi University of Management in Fairfield,
Iowa, has a new classroom building housing the Sustainable Living Program that is completely off the grid.
HOUSING – As a psychotherapist at the Community Mental Health Center, I often talk with people for whom
affordable, well- maintained housing (at least no bugs) is a serious issue. If the new project includes some
apts. in the $600 /mo. range, this would be a plus.
Thank you for your considerations.
Sincerely,
Janiece Piltingsrud, LISW
r1
Marian Karr
From: Jan Palmer < jan.palmer.janpaimer @gmail.com>
Sent: Tuesday, January 08, 2013 4:32 PM
To: Council
Subject: Consideration of Proposals for the Site at College and Gilbert
Dear Members of City Council,
Height matters. The taller buildings could easily diminish the community's sense of place and
overshadow the sanctuary of the Trinity Episcopal Church congregation, which has been an anchoring
presence at the corner of College and Gilbert since 1871.
One of Iowa City's greatest assets is its unique sense of place. It combines the intellectual and cultural
stimulation of cosmopolitan environment associated with cities with the warmth, livability, and human
scale of a small town close to the land. The modest size of the buildings and the visual elements of
light, openness, and expansive view of sky and horizon within one's focus while walking each play a
vital role in creating the intimacy and naturalness of the environment. The two taller buildings being
considered would be a far greater obstruction to key site lines and introduce design elements unique to
the surrounding landscape on a far more imposing scale.
In addition the taller buildings would more noticeably overshadow the historic Trinity Episcopal
Church. The congregation has been located on the northwest corner of Gilbert and College for almost
150 years and has recently invested over three million dollars to renovate and expand the
building. Approximately twenty years ago the congregation committed itself to remaining a downtown
church and completed the first of three stages in a comprehensive renovation and expansion
plan. Within the last five years the congregation reaffirmed this commitment and undertook the second
phase of construction which was completed to Gold -level LEED and historic preservation standards in
2010. The shadow cast by the taller buildings would seriously diminish the natural light which
illuminates the stained glass and gives the interior its vibrant airy feel, and may compromise the energy
efficiency of the building. The congregation has made a major commitment to sustainability; and, it
would be disappointing if neighbors were to make it less feasible to act accordingly. Furthermore, the
larger buildings would more seriously threaten the availability of Sunday and evening parking which is
another critical concern.
In ranking the proposals I encourage the City Council to:
• Significantly limit the height of any building on the site.
• Favor energy efficient and environmental y friendly design.
• Avoid further concentrating the influence of dominant players within the Iowa City real estate
market.
• Insist that a significant portion of the residential units in the approved design be affordable to
persons earning $45k or less.
• Relocate the building to the North side of the block and /or incorporate the use of reflective glass
to mitigate the structure's intrusiveness.
Thank you,
Janis Palmer
(319) 354 -6492 / jan .palmerjanpalmer@gmail.com