Federal Removal
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“For to me to live is Christ, and to die is gain” (Philippians 1:21). “Porque para mí, seguir viviendo es Cristo, y morir, una ganancia” (Filipenses 1:21).
As I was praying to God in Jesus’ name on how to proceed with my case in anti-Family Court, a picture of a ferocious shark out of the water gasping for air came to my mind, and I realized that the best way to fight a ferocious shark is to move it to dry land, where it can not move with the freedom of the deep waters. The same applies with the shark of the anti-Family courts. Te better understand what is happening I recommend that you Dr. Stephen Baskerville’s book “Taken Into Custody: The War Against Fathers, Marriage, and the Family” and the present WAR AGAINST CHILDREN AND FAMILIES.
So, here is how I moved the sharks to dry waters:
1. I found out my local federal court. Since I am in Miami, my federal court is United States District Court Southern District of Florida.
2. I filled out a Civil Cover Sheet I obtained from their site. Here is my filled version, where I am requesting a jury trial, and I make a $10,000,000.00 demand for all my losses, the pain and suffering, the irreparable
psychological damage that my children have had to endure at the hands of unscrupulous individuals in the state court, etc. The cost to file a removal case is $400.00, but if one is unable to pay this amount, there is a form one can fill to wave these fees and costs.
3. Using some free templates, and advice I found in the internet, I customized and filed a “Notice of Petition and Verified Petition For Warrrant of Removal.” Here is where I explained the specific federal violations committed in my case (see DOC and internet versions).
4. I also customized and filed a “Memorandum in Support of Petition For Removal” (see DOC and internet version).
5. I also filed a “Notice of Appearance” (see DOC version). My removal was almost perfect, I just missed a copy of the initial pleading used to open the case in Family court, which I already submitted to complete the removal.
6. Lastly and most fulfilling of all, I filed a “Notice of Removal to United States District Court,” effectively removing the sharks from the dark and deep waters of anti-Family court into dry land, to the unfamiliar territory of federal courts, where justice awaits for them all (see DOC and internet versions).
Before removing my case to federal court, I put the state court on notice of my constitutional and federal rights, paving the way for the removal. I did this by including case law in my pleadings, see Emergency Petition, and these memorandums: MEMORANDUM IN SUPPORT OF EMERGENCY PETITION FOR IMMEDIATE UNSUPERVISED VISITATION. (.DOC version), and MEMORANDUM IN SUPPORT OF SECOND EMERGENCY PETITION FOR IMMEDIATE UNSUPERVISED VISITATION AND OTHER MOTIONS. See also State – Notice of Younger Alert for an example of how others have put the state courts on notice of their constitutional rights. For those dealing with DCF/Juvenile court here is great guide on your constitutional rights.
For a great explanation on the different types of federal removals, please see: Fed – Notice of Two Types of Removal.
Before filing, I had to read the Federal Rules of Evidence and Civil Procedure for my Federal District.
Link to file in state court: https://www.myflcourtaccess.com/Default.aspx,
Sample of State Pro-Se forms: https://www.jud12.flcourts.org/ProgramsServices/FamilyInformation/ProSeForms/ApprovedFormsInstructions.aspx
Links to see pleadings in Federal court: https://ecf.flsd.uscourts.gov/cgi-bin/login.pl?logout
Summary of my personal federal removal:
The initial removal, https://saynotopas.com/petition-for-removal/, was denied, but judge gave what seemed a positive initial review requesting an amended petition: https://saynotopas.com/?attachment_id=1818. Unfortunately, the amended verified petition was also denied, https://saynotopas.com/?attachment_id=2409, forcing me to APPEAL which as of September of 2015 is still pending review. Here are the Word and PDF versions of the verified amended petition for removal , and the Word and PDF versions of the appeal. One funny point I would like to mention about the corruption in Family courts is that the GAL in my case send me bill for reading the lawsuit I had filed against her 🙂 We have to laugh at the audacity of these crooks: https://saynotopas.com/gal-guardian-ad-litem-corruption-in-family-courts-see-example-of-anastasia-garcia-appointed-by-recommendation-of-my-exs-attorneys/
Here are updates to my removal:
The recent appeal’s court opinion: http://www.votefamily.us/wp-content/uploads/2016/03/Opinion-Issued-No.15-11861.pdf
For your reference, here is my Petition for Rehearing: http://www.votefamily.us/wp-content/uploads/2016/03/Petition-For-Panel-Rehearing-Public.pdf
My initial Federal Civil Rights violations/Removal lawsuit: http://www.votefamily.us/wp-content/uploads/2016/03/Amended-Notice-of-Petition-and-Federal-Removal-Public.pdf
My appeal: http://www.votefamily.us/wp-content/uploads/2016/03/Mario-Jimenez-Opening-Brief-On-Appeal-Public.pdf
More than ever, we need your financial support. Incumbents have millions of dollars available. But, we have you! Together, we can make a difference. Please, donate as much as you can, up to $1000.00 per person as per Florida law:
Here is another example of Federal Removal a friend of mine share with me.
His removal is actually more up to date than mine. It’s really impressive:
Most recent removal version from Rustin Wright (2018):
https://saynotopas.com/notice-of-petition-and-verified-petition-for-warrant-of-removal/
https://saynotopas.com/notice-of-appearance-civil/
https://saynotopas.com/demand-for-jury-trial/
https://saynotopas.com/notice-of-constitutional-questions-to-federal-statute-28-usc-1443/
https://saynotopas.com/notice-of-constitutional-questions-to-texas-state-statutory-schemes/
https://saynotopas.com/petitioner-s-certificate-of-interested-persons-and-entities/
https://saynotopas.com/notice-of-constitutional-question-to-edtx-local-rule-cv-81/
https://saynotopas.com/notice-of-special-pro-se-litigant-rights/
https://saynotopas.com/notice-of-pending-amendment-of-petition-into-complaint/
https://saynotopas.com/notice-of-pre-emptive-constitutional-challenge-to-the-unlawful-discrimination-of-separate-racial-classes-via-georgia-v-rachel/
https://saynotopas.com/memorandum-of-law-clarifying-established-federal-jurisdiction/
https://saynotopas.com/notice-distinguishing-between-the-two-basic-types-of-removal-and-motion-for-issuance-of-preliminary-relief-in-the-alternatives/
https://saynotopas.com/request-for-judicial-notice-or-in-the-alternative-motion-for-required-hearing-on-the-same-issues/
https://saynotopas.com/notice-of-judicial-disqualifications/
Previous version:
01-Rustin-Fed – Civil Cover Sheet
02-Rustin-Fed – Petition For Removal
03-Rustin-Fed – Notice of Pending Amendment
04-Rustin-Fed – Notice of Two Types of Removal
05-Rustin-Fed – Notice of Pro Se Rights
06-Rustin-Fed – Memorandum of Law – Fed Juris Domestic Relations
07-Rustin-Fed – CertificateServiceInitialPackage
08-Rustin-Fed – Demand for Jury Trial.pdf
09-Rustin-Fed – Notice of Appearance.pdf
10-Rustin-Fed – Georgia v Rachel Pre-emptive.pdf
11-Rustin-Fed – Exhibits Cover1of2.pdf
12-Rustin-Fed – Exhibits Cover2of2.pdf
13-Rustin-State – Notice of Fed Removal.pdf
14-Rustin-Fed – Verified Complaint-Rustin.pdf
Check out also Rustin’s appeal: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF FAMILIES CIVIL LIBERTIES UNION
Later on I also learned about Torts in Federal Court that I plan to implement as soon as my case is back from Federal Appeal court.
Another friend learned about my Federal removal, and got the services of an excellent attorney to file a lawsuit in Federal court. My friend’s name is William Todd Overcash, and his attorney is Henry G. Ferro, Esq. from Ocala Florida, 352-369-8888. See his filing here:
Federal Lawsuit-William Todd Overcash
TORTS ARISING OUT OF INTERFERENCE WITH CUSTODY AND VISITATION:
http://www.divorcesource.com/research/dl/childcustody/95sep192.shtml
Plus, check out power-packed Legal Tips page for all parents fighting family court, –http://www.parentalrightsclassaction.com/legaltips.html, wow!!
Other examples of federal lawsuits and other resources:
http://www.scribd.com/doc/235489509/FEDERAL-SUIT-DUE-TO-STATE-RETALIATION-UPON-MORELAND-COMMISSION-TESTIMONY
More templates/pleadings I used in my family court case:
MOTION TO DISMISS WITH PREJUDICE SECOND MOTION FOR TEMPORARY ATTORNEY’S FEES
MOTION TO DISMISS WITH PREJUDICE MOTION FOR EX-PARTE ORDER COMPELLING DISCOVERY
MOTION TO STRIKE NOTICE OF HEARING AND TO COMPEL COORDINATION-COLLABORATION WITH PETITIONER
MOTION TO COMPEL STATUS REPORT FROM GAL, AND SUBSEQUENT REMOVAL OF GAL FROM CASE
VERIFIED MOTION FOR DISQUALIFICATION OF JUDGE
NOTICE OF HEARING
MOTION TO REMOVE AND APPOINT NEW PSYCHOLOGIST
REQUEST FOR HEARING FROM FATHER
NOTICE OF HEARING-March 5
REQUEST FOR HEARING FROM FATHER-Final Trial
MOTION FOR FINAL TRIAL
Notice of confidential information within court filing-Motion for final trial
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