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Foster v. Raleigh

August 30, 2010

DERRICK L. FOSTER, PLAINTIFF,
v.
WARDEN JEFFREY RALEIGH, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Magistrate Judge Carlson

MEMORANDUM AND ORDER

Judge Caputo

I. Introduction

The Plaintiff, a federal prisoner proceeding pro se, commenced this action by filing a complaint on August 27, 2010, naming some thirty individual and institutional Defendants. (Doc. 1)

An initial review of Foster's complaint reveals it to be a largely incomprehensible document. For example, the complaint concludes with the following recital: This Complaint is presented under the Freedom of Information Act (FOIA), Title 5 U.S.C. § 552 et seq. as amended and in conjunction of Ohio Revised Code § 149.43 et seq., Plaintiff hereby request access to and copies thereof the following listed information and documentations of all such materials into which are and/or should be made available as "PUBLIC RECORDS".

Plaintiff on/or about May 24,2010,simultaneously State and Federal court to produce the Original assessment and the Certified Audit Trail of all Transactions for the Original Voucher expressly allowing for the Back-end Copy,IMAD,OMAD, Disposition and all Disbursement documents/receipts /l0990id /1099int. [Bid Bond,performance bond, payment bond],recognizance bond,etc, The Recognizance Bond which is a Bond of Record or Obligation for the payment of DEBT. The United States District Courts are buying up the State Court(s) Default JUDGMENTS,whenever anyone refuses to payor dishonor the DEBT ... Brokerage Houses,Contractors and Insurance Companies Bid on the default judgments - Investment Securities with a BID BOND issued by the GSA through GSA SF 1449-Contract and is a Rated Order under the DPAS[Defense Priorities and Allocations System] see 15 CFR § 700 this under the National Security Industrial Base Regulations. This is all under the Executive Branch under the President of the United States and Military. National Association of Surety Bond Producers [NASB] at Washington,D.C. 20015.

The Bid Bond is then Indemified by a Surety company through Performance and Payment Bonds. The Bid, Performance, and Payment Bonds are then underwritten by the Banks as Investment Securities for Resale to the Public.

GSA Form 24 is the "Bid Bond','everyone should have a copy of the Bid Bond. The "Performance Bond" is [Standard Form] SF 25. The "Payment Bond" SF 25A. And put out by the General Services Administration (GSA). The GSA is under the " Comptroller of the Currency" which is under the General Accounting Office (GAO). O.K. you have two sets of Bonds: SF274,SF275 & SF275A. At the Federal Level you have SF 273 is the Reinsurance Agreement for a Millier Act Performance Bond. SF 274 is the Payment Bond. And SF 275 is the Reinsurance Agreement in Favor of the United States. A list of Admitted Reinsurers, Pools and Associations, and Lloyd's Syndicates, you will also see a list of the Department of the Treasury's Listing of Approved Sureties [Department Circular 570].

Also be sure to forward Plaintiff the Signed, Certified Verification of any Assessment and Name of the Registered Public Accounting Firm and Name of Auditor whom Assessed the "CHARGES",their credentials, oaths, contacting informations and any Public Transcripts/Proceedings and any BONDS [BINDOVER ASSESSMENTS],proper Court, Magistrate,Judge, Prosecutor, Court Reporter, Defense Counsel, and the Executive Authorization along with each affected Government Agency/Branch having Authentic proffers to Identify the person who is the DEBTOR and who is the Creditor of accounts which consented authority to whom can/did speak or signaturize such Commercial FRAUD.

Plaintiff has an interest in the Cuyahoga County,Ohio Common Pleas Court's at Cleveland,Ohio; an interest in STATE OF OHIO case no.Cr402843(Dec.13,20 00 through Feb.15,2001); given rise in UNITED STATES OF AMERICA NORTHEAST DISTRICT COURT OF OHIO Case No.l:01CR183(Apr.18,2001 through Jul.23,2002 through the present);an interest in his "Administrative Remedy" initiated AUG.5,2008 "EXHAUSTED" APR.9,2009 grievancing that in accordance to title 18 U.S.C. § 4084 and 28 C.F.R. § 513.40. The ILLEGALITIES an interest in CIF NO. D2982(Feb.14,2001); gave rise an interest in the BARRATRY ACTS OF ERRANTS: given rise an interest in the UNLAWFUL RESTRAINTS under FEDERAL BUREAU OF PRIS ONS DI RE CTOR AND ITS WARDEN/CUSTODIAN/JAILER.

Plaintiff has an interest in the FEDERAL BUREAU OF PRISONS:EMS-409.51:STAFF REQUESTS FOR INMATE TRANSFER/MANAGEMENT VARIABLE [WRIT TRANSFER],which one Jeffery S. Raleigh dba ACTING WARDEN at FCC/FCI ALLENWOOD LOW on/or about the 8th day of AUG.,2008,where he and others unknown did so secret inaccurate RECORDS/ect in hindsight of Plaintiff's First Amendment Right to file his Administcative Remedy Id.at section 6. herein this Complaint.

Plaintiff has an interest in the FEDERAL CORRECTIONAL COMPLEXES ALLENWOOD FALOW & MEDIUM SECURITY CORRECTIONAL INSTITUTIONS - RETALIATORIAL ACTS OF CONSPIRATORS AND AIDING AND ABETTING FRAUDFEASORS of the STATE OF OHIO CUYAHOGA COUNTY COMMON PLEAS COURTS [ILLEGAL CONVEYANCE] of the 13 DEC 2000 " CHARGES II AT THE ARTICLE IV,§2,level which in fact, given rise of the UNITED STATES DISTRICT COUHTS [UNLAWFUL RESTRAINT] of the 23 JUL 2002 II ERRANTRY" AT THE ARTICLE III,§2,Level being in fact INVALIDATES JUDGMENT AND COMMITMENTS.

Plaintiff has an interest owed by the UNITED STATES DEPARTMENT OF JUSTICES FEDERAL BUREAU OF PRISONS - DIRECTOR AND/OR ITS WARDENS IN CUSTODY WHOM ALL CONTINUOUS [DENIALS] DO SO HAVE EXECUTIVE DUTIES AND DELEGATIONAL AUTHORITIES under 18 USC §§ 3622(6) TEMPORARY RELEASE OF A PRISONER; or 4001(a)NO citizen shall be IMPRISONED OR OTHERWISE DETAINED by the United States EXCEPT pursuant to an ACT OF CONGRESS. In hindsight of receiving NOTICE TO PRINCIPAL IS NOTICE TO AGENT AND NOTICE TO AGENT IS NOTICE TO PRINCIPAL, ucc 1-201(25)(a) (b)&(c).

Plaintiff has an int.erE::st in the ORIGINAL APPLICATION [which being the WRIT of IIABEAS CORPUS AD PROSEQUENDUM] on standard form (SF) 424,signed by the chief executive officer of the state should have been submitted directly to the Attorney General,U.S.Department of Justice/Washington,D.C. 20530. One copy of the application should be sent to the Director,Bureau of Justice ...


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