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Commonwealth of PA. v. Tindell

June 26, 2009

COMMONWEALTH OF PA., ET AL.
v.
ARCHIE TINDELL



The opinion of the court was delivered by: Surrick, J.

MEMORANDUM

Presently before the Court is Defendant's pro se Petition for Removal to Federal Court. (Doc. No. 3.) For the following reasons, Defendant's Petition will be denied and the case will be remanded to the Northumberland County Court of Common Pleas.

I. BACKGROUND

Defendant Archie Tindell petitions for removal of a state criminal prosecution pursuant to 28 U.S.C. §§ 1443, 1447, 1448, and 1449. (Doc. No. 3.) Since Defendant's allegations are difficult to comprehend, we reproduce them here in their entirety:

Defendant herein respectfully petitions this Court pursuant to Title 28 U.S.C. 1443, 1441, 1448, 1449, for the removal of the above caption [sic] proceeding to this Court from the Court of Common Pleas of Northumberland County and in support of the Petition as shown as following:

1. By virtue of Title 28 United States Code Annotated, 1441, 1443(1), this Court has jurisdiction to hear and try the charges now pending against Petitioner.

2. Removal is sought to protect the rights guaranteed to the Petitioner under Due Process and Equal Protection Clause Section 1, Fourteenth Amend., Sixth Amendment of the U.S., 28 U.S.C. 1981, 1983, 1985, 1986.

3. Petitioner are [sic] being prosecuted for acts done in a criminal proceeding of the alleged offenses of; [sic] simple assault, (18 Pa.. [C.S.A.] 2701(A)(1)[)], and aggravated assault, (18 Pa. [C.S.A.] 2702(A)(2)), at the State Correctional Institute at Coaltownship [sic], Pa.

4. Petitioner are [sic] being prosecuted for acts done under color of state laws derived from the constitution of the United States and for reason for refusing to do an act which was and is inconsistent with the Constitution and laws of the United States.

5. The Petitioner are [sic] denied and/or cannot enforce in the Court of Common Pleas of Northumberland County of Pennsylvania rights under the Constitution and laws under the United States and all persons within the jurisdiction thereof in that, the State of Pa. crime code on its face by Pa., statutory laws of that state that supports and maintain statu[t]es under administrative law.

6. They have done this through legislative action, by creating a host of Boards, Commissions, Bureaus and Trusts which make up a rather new concept of laws and government the legal status of these entities is much like that of an [sic] corporation which is also created by statu[t]es.

7. When a government is created by a compact or constitution, it to [sic] in a sense a legal entity, or corporate body, but one which exists by the decree of the people or by the common law but these administrative agencies or bodies being creatures of statu[t]es.

8. Which these statu[t]es have a different kind of relationship to the people than do [sic] the legislative, executive and judicial bodies created by the Constitution since the relationship between the commissions, committees or revisors who drafted them.

9. A non-constitutional law has the same effect upon a complaint or indictment as [does] un-constitutional law or a non-existent law, it renders the charging instrument "void ab [i]nitio," a non constitutional law not a law to which we are not ...


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