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Old February 13th 10, 11:26 PM posted to rec.games.chess.politics
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First recorded activity by ChessBanter: Jun 2009
Posts: 406
Default draft #4 - I forgot the civil rights act of 1964

UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA


MARCUS WAYNE ROBERTS, Plaintiff

v.

JANET NAPOLITANO, SECRETARY OF HOMELAND SECURITY, in her official
capacity,
UNITED STATES DEPARTEMENT OF HOMELAND SECURITY, Defendants.

WRIT OF MANDAMUS

1. Plaintiff is a citizen of the United States of America and
Ambassador (or former Ambassador) of the Federation of Saint
Christopher and Nevis. Plaintiff applied for Global Entry, Trusted
Traveler Program, which provide expedited entry privileges to the
United States of America on January 17, 2010 (see Exhibit "A").
Plaintiff paid 100 dollars for this application on January 17, 2010
(see Exhibit "B"). On February 11, 2010, Homeland Security provided
Roberts with a letter inviting Roberts to an interview (see Exhibit
"C"). This letter is titled "CONDITIONAL APPROVAL NOTIFICATION" (see
Exhibit "D"). The interview was scheduled on February 12, 2010 at at
the US / Mexican border, at 797 S. Zaragoza, El Paso, Texas 79907 (see
Exhibit "E"). After the interview, Roberts was denied Global Entry
privileges. The officer stated that an arrest for a class "B"
misdemeanor needed to be investigated. Roberts takes fifth amended to
questions about the arrest. Roberts has no criminal convictions or
record in the United States other than minor traffic tickets. No trial
date has been scheduled for the class "B" misdemeanor. Roberts claims
this denial is arbitrary and capricious violation of his civil rights
because he represents or has represented black people as a white man.
(See Roberts v. Clinton, et. al, in the Western District of Texas 3:10-
cv-00050-KC and Roberts v. Rio Grande Electric Cooperative, Inc., et.
al 3:09-cv-00403-PRM). Roberts seeks a WRIT OF MANDAMUS ordering the
Secretary of Homeland Security to ORDER Global Entry Privileges, and
Roberts seeks unspecified punitive and compensatory damages from the
US Department of Homeland Security.

PARITIES

2. Plaintiff, Marcus Wayne Roberts, PRO SE, PO BOX 961029, El Paso,
Texas, 79996

3. Defendant, Secretary of Homeland Security JANET NAPOLITANO, is head
of the US Department of Homeland Security, created after the terrorist
attacks of September 11, 2001. Secretary NAPOLITANO is sued in her
official capacity only due to the short length of time in the
evolution of this dispute. According to http://www.dhs.gov/xutil/contactus.shtm,
The actual location of the Department of Homeland Security is a
national secret, the department refuses to list the street address of
the department of fear of office bombing terrorists. The mailing
address is as follows for the Secretary.

Secretary Janet Napolitano
Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528

4. Defendant, US DEPARTMENT OF HOMELAND SECURITY, is a agency of the
federal government responsible for protecting the United States from
future terrorist attacks. The Department seeks to violate the civil
rights of US citizens by using fears of terrorism to deny US citizens
fundamental citizenship documents and travel programs. According to
http://www.dhs.gov/xutil/contactus.shtm, The actual location of the
Department of Homeland Security is a national secret, the department
refuses to list the street address of the department of fear of office
bombing terrorists. The mailing address is as follows for the
Secretary.

Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528

JURISDICTION

5. This is a civil action over which this Court has jurisdiction under
28 U.S.C. 1331 (federal question. Jurisdiction also comes from 28
U.S.C. 1346(a) (actions against officers of the United States) 28 USC
1361 (WRIT OF MANDAMUS to compel and officer of the United States to
perform a duty owed to the Plaintiff) 28 USC 2201-2202 (Declaratory
Judgment Act) 5 U.S.C. 701 et seq (Administrative Procedure Act- to
compel agency action unlawfully withheld or unreasonably delayed) and
5 U.S.C. Section 2412(d) (Equal Access to Justice Act). Jurisdiction
also comes from the fifth and fourteenth amendments of the US
Constitution and the title VII of the Civil Rights act of 1964.

VENUE

6. Venue is proper for the Department of Homeland Security under 28
USC 1391(e) and lies in the District of Columbia. The Secretary of
Homeland Security conduct extensive business in the capital city and
district of the United States. According to http://www.dhs.gov/xutil/contactus.shtm,
The actual location of the Department of Homeland Security is a
national secret, the department refuses to list the street address of
the department of fear of office bombing terrorists. The mailing
address is as follows for the Secretary.

Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528


REQUEST FOR PUNATIVE AND COMENSATORY DAMAGES

7. Plaintiff request unspecified punitive and compensatory damages,
including the 350 dollar filing fee, in addition to the WRIT OF
MANDAMUS.

8. Plaintiff believe a JURY TRIAL impossible due to reasons of
national security. No appeals are possible administratively, see
EXHIBIT "F" the proposed form the Plaintiff was given waiving all
rights of appeal to enter the program. Homeland Security does not
allow appeals.

Submitted this 15 day of February, 2010

Marcus Wayne Roberts PO BOX
961029
Plaintiff
El Paso, Texas 79996
PRO SE



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Old February 14th 10, 05:39 AM posted to rec.games.chess.politics
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First recorded activity by ChessBanter: Nov 2009
Posts: 360
Default draft #4 - I forgot the civil rights act of 1964


8. Plaintiff believe a JURY TRIAL impossible due to reasons of
national security. No appeals are possible administratively, see
EXHIBIT "F" the proposed form the Plaintiff was given waiving all
rights of appeal to enter the program. Homeland Security does not
allow appeals.


Would you care to enlighten the rest of us as to why you believe
national security would be at risk in a jury trial?!? You can't decide
if you are or are not an ambassador. You filings fall under the
classification: "Kook de Jour".
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