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Old February 16th 10, 07:29 PM posted to rec.games.chess.politics
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Default Roberts v. Secretary Napolitano, US Department of Homeland SecurityFILED

This lawsuit was filed this morning by Express mail. The tracking
number is
EH 984650444 US

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"). According to exhibit "C", "[a]fter your photo and fingerprints
are taken, you will be approved for Global Entry immediately and can
begin the program." Please also view a screenshot "CONDITIONAL
APPROVAL NOTIFICATION" (see Exhibit "D"). The interview was scheduled
on February 12, 2010 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 17th 10, 12:52 AM posted to rec.games.chess.politics
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Default You're out of luck

I suppose you missed the 11th Amendment

In the United States, the federal government has sovereign immunity and may
not be sued unless it has waived its immunity or consented to suit. See Gray
v. Bell, 712 F.2d 490, 507 (D.C. Cir. 1983). The United States has waived
sovereign immunity to a limited extent, mainly through the Federal Tort
Claims Act, which waives the immunity if a tortious act of a federal
employee causes damage, and the Tucker Act, which waives the immunity over
claims arising out of contracts to which the federal government is a party.
The Federal Tort Claims Act and the Tucker Act are not as broad waivers of
sovereign immunity as they might appear, as there are a number of statutory
exceptions and judicially fashioned limiting doctrines applicable to both.
Title 28 U.S.C. 1331 confers federal question jurisdiction on district
courts, but this statute has been held not to be a blanket waiver of
sovereign immunity on the part of the federal government.


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Old February 17th 10, 08:18 AM posted to rec.games.chess.politics
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Posts: 360
Default Roberts v. Secretary Napolitano, US Department of HomelandSecurity FILED


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 tohttp://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.



You make this too easy Marcus:

Department of Homeland Security. 245 Murray Lane, SW. Washington DC
20528.

Here is more information Marcus:

"Unified DHS

Six years on since the Department's creation, our goal is simple: one
DHS, one enterprise, a shared vision, with integrated results-based
operations. Through a consolidated headquarters, we are bringing 35
locations together. We are implementing a series of wide-ranging
efficiency initiatives that leverage the economies of scale in our
Department in order to recover hundreds of millions of dollars and
create a culture of responsibility and fiscal discipline.

Learn more about recent efforts to unify the Department of Homeland
Security
A Sample of Current Initiatives
Consolidating Facilities

The American Recovery and Reinvestment Act contains $650 million to
support construction of the Department's new headquarters, which will
bring together components scattered geographically throughout the
Washington area. As part of the same effort, the Department has begun
consolidating over 40 leases in the National Capital Region, saving
taxpayers $163 million over the next 30 years."

In short Marcus: That's some National Secret
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Old February 17th 10, 03:26 PM posted to rec.games.chess.politics
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First recorded activity by ChessBanter: Jun 2009
Posts: 406
Default You're out of luck

On Feb 16, 5:52*pm, "Teddybear" wrote:
I suppose you missed the 11th Amendment

In the United States, the federal government has sovereign immunity and may
not be sued unless it has waived its immunity or consented to suit. See Gray
v. Bell, 712 F.2d 490, 507 (D.C. Cir. 1983). The United States has waived
sovereign immunity to a limited extent, mainly through the Federal Tort
Claims Act, which waives the immunity if a tortious act of a federal
employee causes damage, and the Tucker Act, which waives the immunity over
claims arising out of contracts to which the federal government is a party.
The Federal Tort Claims Act and the Tucker Act are not as broad waivers of
sovereign immunity as they might appear, as there are a number of statutory
exceptions and judicially fashioned limiting doctrines applicable to both..
Title 28 U.S.C. 1331 confers federal question jurisdiction on district
courts, but this statute has been held not to be a blanket waiver of
sovereign immunity on the part of the federal government.


We will see that in the answer. Howeer, you ass hole attorney, I am
not suing
the United States of America. I am suing a federal agency, which is
clearly
allowed under Rule 4.

Are you educated? Do you **** children?

Marcus Roberts
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Old February 17th 10, 11:31 PM posted to rec.games.chess.politics
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Posts: 406
Default Roberts v. Secretary Napolitano, US Department of HomelandSecurity FILED

On Feb 17, 1:18*am, Bobcat wrote:
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 tohttp://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.


You make this too easy Marcus:

Department of Homeland Security. 245 Murray Lane, SW. Washington DC
20528.

Here is more information Marcus:

"Unified DHS

Six years on since the Department's creation, our goal is simple: one
DHS, one enterprise, a shared vision, with integrated results-based
operations. Through a consolidated headquarters, we are bringing 35
locations together. We are implementing a series of wide-ranging
efficiency initiatives that leverage the economies of scale in our
Department in order to recover hundreds of millions of dollars and
create a culture of responsibility and fiscal discipline.

Learn more about recent efforts to unify the Department of Homeland
Security
A Sample of Current Initiatives
Consolidating Facilities

The American Recovery and Reinvestment Act contains $650 million to
support construction of the Department's new headquarters, which will
bring together components scattered geographically throughout the
Washington area. As part of the same effort, the Department has begun
consolidating over 40 leases in the National Capital Region, saving
taxpayers $163 million over the next 30 years."

In short Marcus: That's some National Secret


You are a great litigator. This is worth a cup of coffee. IF the
address isn't
on the web main site, the department wishes to hide the location. Do
you work
for Homeland Security? Do you take money to violate the rights
of America, or do you just post knowledge worth about 25 cents.
The Department needs to put the address on their main website.
They don't want to get blown up by terrorists, who they will
allege come from the Caribbean Community.


NAZIS need to be called NAZIS

Marcus Roberts
Ambassdor of ST Kitts and Nevis


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Old February 18th 10, 01:50 AM posted to rec.games.chess.politics
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Posts: 360
Default Roberts v. Secretary Napolitano, US Department of HomelandSecurity FILED


You are a great litigator. This is worth a cup of coffee. IF the
address isn't
on the web main site, the department wishes to hide the location. Do
you work
for Homeland Security? Do you take money to violate the rights
of America, or do you just post knowledge worth about 25 cents.
The Department needs to put the address on their main website.
They don't want to get blown up by terrorists, who they will
allege come from the Caribbean Community.

NAZIS need to be called NAZIS

Marcus Roberts
Ambassdor of ST Kitts and Nevis


Oh Look Marcus:

Consolidating Facilities

* The American Recovery and Reinvestment Act contains $650 million
to support construction of the Department's new headquarters at the
St. Elizabeths campus, which will bring together components scattered
geographically throughout the Washington, D.C. area.
* The Department has begun consolidating over 40 leases in the
National Capital Region, saving taxpayers $163 million over the next
30 years.
* We launched a new effort to consolidate and secure the
Department's information technology by fusing its previous 17
dispersed data centers into two Enterprise Centers to standardize IT
procedures across the Department and improve information sharing.

And where did I find this information Marcus? Why LOOK!!! I went to
http://www.dhs.gov/xutil/contactus.shtm -- that's right Marcus, I went
to the very same place you sent me. Now follow along Marcus, I don't
want to lose you -- up there in the right hand corner there is
something called "Unified DHS". Do you see it? Click on it. Now scroll
down to where it says "Learn more..." Presto!!! Why I must be a
magician!!!! And I started from the same link *you* so thoughtfully
provided!!!

IF the address isn't
on the web main site, the department wishes to hide the location.


Question: What do you *know* about the DHS?!? This is a rather new
Department that is less than 7 years old and encompasses some 30-40
Departments. So where IN the DHS do you wish to send something?!?
There is no generic address as they don't even have a HQ yet. There is
no conspiracy to "hide" their address, as either they really don't
have one -- yet -- or they have 30-40 addresses, take your pick. I
suspect that if they listed all 30-40 addresses then you claim they
were trying to conceal their true location by burying it among the
30-40 listed addresses. No here is something to think about Marcus --
you need to clear your mind first so that there is no interference
first -- MAYBE, just MAYBE the addresses they list

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

For other department staff
U.S. Department of Homeland Security
Washington, D.C. 20528

Are simply clearing house points that can redirect the mail to the
correct department and person within that department. In short Marcus
DHS is so BIG this is the most efficient way of directing mail, and
had ZERO to do with trying to -- how did you put it? -- "They don't
want to get blown up by terrorists, who they will allege come from the
Caribbean Community." Are you saying you are going to blow them up?!?
Except for you I seriously doubt there is a single West Indian out
there has a beef with the U.S. D.H.S. No if the DHS is fearful of
"terrorists", then they will allege that the terrorist was an "Islamic
Extremist", from the Middle East who is wishes to spread jihad. I
seriously doubt they are fearful of West Indians. So unless you equate
yourself as being a terrorist, the rest of your argument is silly.

Oh! BTW I am a West Indian, NO I don't work for DHS, and NO I am not
litigator [now Sam Sloan ... ]

As to suing the DHS... I think Teddybear is right. A Federal Agency is
part of the U.S. Government, an individual can "sue the Federal
Government" unless you first get permission to do so. I am sure Rule 4
-- whatever that is -- is a narrowly crafted rule that permits
citizens to sue under specific circumstances, otherwise the Federal
Government would spend all its time fighting off what are called
"nuisance lawsuits" filed by crackpots, such as your lawsuit.

I might take you up on that cup of coffee however, but I rather make
it tea, so long as I control the teapot or the tea-bag.
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