Download: Writ for Habeas Corpus

Dave Thomas c/o 45 Main Anytown, Utah state non domestic united States of America without the UNITED STATES/STATE OF UTAH Fifth District Court sitting in Washington and Iron county, Utah state Writ for Habeas Corpus In re: Restraint of Liberty by James L. Jones and Bill Smith, d/b/a JUDGE JONES and WASHINGTON COUNTY SHERIFF [28 USC 1746 (2)] Dave Thomas, Petitioner, without the UNITED STATES c/o 45Main Anytown, Utah state non domestic [28 USC 1746(1)] vs. James L. Jones and Bill Smith, Respondents 220 N. 200 E. St. George, Utah 84770 [28 USC 1746 (2)] Judge: _ Case Number: 0615XXX WRIT FOR HABEAS CORPUS James L. Jones, d/b/a JUDGE JONES, and Bill Smith, d/b/a SHERIFF SMITH, you are hereby commanded under this Writ for Habeas Corpus to appear in the above court at the location of the Fifth District Court sitting in Washington and Iron county, Utah state, on the _ day _ month, 2008, at the time of _ , in such room as the clerk may direct and to return this writ verified true, correct, and complete, and not misleading. 1. James L. Jones, d/b/a JUDGE JONES, and Bill Smith, d/b/a SHERIFF SMITH , you are hereby commanded under this Writ for Habeas Corpus to there and then produce and disclose the body corpus of Dave Thomas, a man without the UNITED STATES, who you are holding under restraint of liberty, as to the lawful nature and cause of the restraint of liberty if any there be. 2. James L. Jones, d/b/a JUDGE JONES, and Bill Smith, d/b/a SHERIFF SMITH , you are hereby commanded under this Writ for Habeas Corpus that all attached questions must be answered under pains and penalties of perjury verified true, correct, and complete, and not misleading. Failure to certify the answers thereto in this manner will be deemed as a non-response to the questions. A non-responsive answer to any question set forth herein will be deemed a non-response to all questions. 3. James L. Jones, d/b/a JUDGE JONES, and Bill Smith, d/b/a SHERIFF SMITH, you are hereby commanded under this Writ for Habeas Corpus, that if for any reason(s), the disclosure, and/or release, of any information demanded under this writ is exempt under statutory authority of the Privacy Act, you are commanded to state the applicable statutory authority said information that would bind you to non-disclosure. 4. The court, should the Respondent fail or refuse to provide an answer sworn true, correct and complete, and not misleading, the truth, the whole truth and nothing but the truth under a full commercial liability, to the attached questions hereto forthwith, shall construe the contempt of Respondent as a failure to prosecute, a request to dismiss, and constructive intent by the Respondent to enter a nolle prosequi by tacit procuration. 5. The court will order the immediate release and discharge of Petitioner from the Respondents restraint if such restraint is found to be without cause and unlawful, and will order the immediate discharge of all restraints, impounds, liens, suits, duties, obligations, and the like. Dave Thomas Page 1 of 4, WITNESS my hand and official seal this _ day of _ month, 2006. Clerk of the Fifth District Court sitting in Washington and Iron county, Utah state. _ Submitted this the _ day of _ month of 2006. Questions to Determine the Jurisdiction, Authority and the Nature and Cause of the Respondent’s Restraint of the Petitioner’s Liberty

PARTIES

1. Is there any evidence that the Petitioner, a man, is not appearing in his true character specially under restricted appearance as Dave Thomas, without the UNITED STATES? 2. If the answer to #1 is yes, where is the record of the evidence filed in fact? 3. Is there any evidence that an Affidavit of Truth or other instrument is filed into the public record substantiating any claim of obligation of Dave Thomas to Respondents? 4. If the answer to #3 is yes, where is the record of the evidence filed in fact? 5. If there is any evidence that the true and correct spelling of Petitioner’s appearance is not Dave Thomas, and were Respondents aware of that evidence when they restrained the liberty of the man appearing as Dave Thomas? 6. If the answer to #5 is yes, why would Respondent use a fictional name in reference to the lawful appearance, Dave Thomas who is without the UNITED STATES? 7. If Respondent, James L. Jones, an attorney with knowledge of the Law, had knowledge that there was not any evidence that the correct spelling of Petitioner’s appearance was not Dave Thomas, why would Respondent attempt to obligate Dave Thomas under some fictitious name? 8. Is there any evidence that Dave Thomas is the same entity as DAVE THOMAS? 9. If the answer to #8 is yes, where is the record of the evidence filed in fact? 10. Is there any evidence that Petitioner, a man, appearing as Dave Thomas is a surety for DAVE THOMAS? 11. If the answer to #10 is yes, where is the record of the evidence filed in fact? 12. Is there any evidence that Petitioner, a man, appearing as Dave Thomas without the UNITED STATES/STATE OF UTAH, is a citizen of the UNITED STATES/STATE OF UTAH? 13. If the answer to #12 is yes, where is the record of the evidence filed in fact? 14. Is there any evidence that Respondents, James L. Jones, and Bill Smith, are not dba JUDGE JONES and SHERIFF SMITH, fictions operating in commerce for profit and gain under limited liability insurance? 15. Is the answer to # 14 is yes, where is the record of the evidence filed in fact?

VENUE

16. Is there any evidence that the restraint of liberty of Petitioner, a man appearing as Dave Thomas without the UNITED STATES by Respondents is not within the venue of the Fifth District Court sitting in Washington and Iron county, Utah state? 17. If the answer to #16 is yes, where is the record of the evidence filed in fact? 18. Is there any evidence that James L. Jones, d/b/a JUDGE JONES, and Bill Smith, d/b/a SHERIFF SMITH is not restraining against his will the physical body of Petitioner, a man appearing as Dave Thomas within the venue of the Fifth District Court sitting in Washington and Iron county, Utah state? 19. If the answer to #18 is yes, where is the record of the evidence filed in fact?

JURISDICTION

Dave Thomas Page 2 of 4, 20. Is there any evidence that James L. Jones, d/b/a JUDGE JONES, and Bill Smith, d/b/a SHERIFF SMITH have any grant of jurisdiction over Petitioner constructive or in fact? 21. If the answer to #20 is yes, where is the record of the evidence filed in fact? 22. Is there any evidence that Respondents have any subject matter jurisdiction over the property, rights and concerns of Petitioner? 23. If the answer to #22 is yes, where is the record of the evidence filed in fact? 24. Is there any evidence that Respondents have any in personam jurisdiction over Petitioner? 25. If the answer to #24 is yes, where is the record of the evidence filed in fact? 26. Is there any evidence that Respondents have any grant of jurisdiction over Petitioner? 27. If the answer to #26 is yes, where is the record of the evidence filed in fact? 28. Is there any evidence that Respondents have any subject matter jurisdiction over Petitioner? 29. If the answer to #28 is yes, where is the record of the evidence filed in fact? RIGHT OF ACTION/CAUSE OF ACTION 30. Is there any evidence that Respondents have a security interest in any of the property or concerns of Petitioner? 31. If the answer to #30 is yes, where is the record of the evidence filed in fact? 32. Is there any evidence that Respondents have a perfected security interest in any property in the possession of Petitioner? 33. If the answer to #32 is yes, where is the record of the evidence filed in fact? 34. Is there any evidence that Respondents are holder in due course of any lawful lien against Petitioner, his property or concerns? 35. If the answer to #34 is yes, where is the record of the evidence filed in fact? 36. Is there any evidence that Respondents have a verified lien right against Petitioner, his property or concerns? 37. If the answer to #36 is yes, where is the record of the evidence filed in fact? 38. Is there any evidence that Petitioner is in breach of fiduciary duty to Respondents ? 39. If the answer to #38 is yes, where is the record of the evidence filed in fact? 40. Is there any evidence of an Affidavit of Obligation of Petitioner to Respondents ? 41. If the answer to #40 is yes, where is the record of the evidence filed? 42. Is there any evidence that Petitioner is a surety on any SF 24, SF 25, SF 25-A, SF 273, SF 274, or SF 275 (i.e., “prisoner bonds”), created by any Washington County Attorney or any other agent of the STATE OF UTAH/UNITED STATES/UNITED STATES OF AMERICA or DISTRICT OF COLUMBIA? 43. Is the answer to #42 is yes, where is the record of the evidence filed in fact? 44. Is there any “debt owed” by Petitioner to Respondents? 45. If the answer to #44 is yes, where is the record of the evidence filed in fact? 46. Is there any “debt owed” by Petitioner to the UNITED STATES OF AMERICA, or the UNITED STATES, or the DISTRICT OF COLUMBIA, or any of their sub-corporations, such as STATE OF UTAH? 47. If the answer to #46 is yes, where is the record of the evidence filed in fact? 48. Is there any evidence that any party other than Petitioner has given any value whatsoever to any matter involving Dave Thomas or the fiction DAVE THOMAS? 49. If the answer to #48 is yes, where is the record of the evidence filed in fact? 50. Is there any evidence that any party other than Petitioner has any equitable right to Dave Thomas or DAVE THOMAS? 51. If the answer to #50 is yes, where is the record of the evidence filed in fact? NOTICE: These questions are formulated and asked by Petitioner, a man appearing as Dave Thomas without the UNITED STATES of his own free will and deed with the intent to determine the nature and cause of the actions or restraint of liberty by James L. Jones,d/b/a JUDGE JONES, and Bill Smith, d/b/a SHERIFF SMITH , of Petitioner, a man appearing as Dave Thomas without the UNITED STATES. Dave Thomas Page 3 of 4, _ _ Petitioner, Dave Thomas, a man date By: Winston Shrout, “best friend” _ Winston Shrout, without the UNITED STATES Dave Thomas Page 4 of 4]

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