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Dear Frank Perez Please file this Judicial Notice into 12-5017 and 10-4753. ; Respectfully Yours Dated March 25,2013 . j".'-"! 1'';' C I, UI 0) Case: 10-4753 Document: 366 Page: 1 03/28/2013 894500 66
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Dear Frank Perez Please file this Judicial Notice into 12-5017 and 10-4753. ; Respectfully Yours Dated March 25,2013 . ~ j".'-"! 1'';' C I, UI 0) Case: 10-4753 Document: 366 Page: 1 03/28/2013 894500 66I UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Cohrthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500 MOTION INFORMATION STATEMENT Docket Number(s): 10-4753/12-5017.I Caption [use short title] Motion for: Judicial Notice FRev 221 c(2)(d) and (e) Shane Christopher Buczek -v- UNITED STATES NOT PRESENTED TO A GRAND JURY Set forth below precise, complete statement ofrelief sought: Fifth Arnendment Violation No Grand Jury Concurrence form DC-54 and Not Presented to a Notice Concerning Fiduciary OMB No. Grand Jury No Real Party Rule 17a 1545-0013 (Internal Revenue sections 6036 Notice of Form 56 IRS to Second Circuit and sections 6036 and 6903) False Claim By US I Attorney's Office BlJffalo,New York Forward to CID MOVING PARTY: Shane -Christopher family of Buczek OPPOSING PARTY: UNITED STATES ein 16-1906078 MOVING ATTORNEY: Self livina man not a oerson OPPOSING ATTORNEY: Monica J. Richards Trustee [hame of attorney, with firm, address. number and e-mail] c/o 7335 Derby Road 138 uelaware Avenue, Federal Centre I Derby New York rnear 140471 : Buffalo, New York [near 142021 [Non-Domestic WIthout the OS] Non- AssumpSIt rNon- Domestic without the USl Non Assumpsit All RiQhts Reserved OCc 1-308 I See 26 USC Sec. 6050P I ax Fraud False Claim Court-Judge/Agencyappealedfrom: William M. Skretny C/JI Buffalo New York (Tax fraud to IRS CID Department) Please check appropriate boxes: FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL: Has counsel (required h Local Rule 27.1): Has request for relief been made below? Yes BNO (explain): ____',e--_______ Has this relief been previously sought in this Court? Yes NoB Requested return date and explanation of emergency:_______ position on motion: :.UUnopposed [Ppposed Does opposing counsel intend to file a response: I DYesDNo Know Is or... argument on motion requested? 0No (requests for oral argument will not necessarily be granted) Has"argument date of appeal been set? bYes If yes. enter i AttorlJllft : Bf: Service by: 0CMlECF oOther [Attach proof of service] All Rights UCC 1..JOalH07 WITHOUT THE [PRE[SERvlTION OF ALL RIGHTS 9THIS MATTER THERE IS NO JUUSTICIABLE CONTROVERSY IN THIS MATTER) ? I ORDER IT IS HEREBY ORDERED THAT the1motion is GRANTED DENIED. FOR THE COURT: CATHERINE O'HAGAN WOLFE, Clerk of Court By;Date: ------------t-------Form T-I080 (rev. 7-12) Case: 10-4753 Document: 366 Page: 2 03/28/2013 894500 66United States Court:of Appeals For The Second Shane Christopher House of Buczek i -v-UNITED STATES To: Clerk/Circuit COlJrt Judges Docket: 10-4753/12-5017 AND NOW comes Itetitionerl Appellant, Shane Christopher Buczek under Special Appearance qn and for the record as a third Intervener and Secured , Party UCC 1 Financing statement 2009-344-6800-0 Revenue Tracking number 1230830 filed! 12/09/2009 moves for a stay of the petition for the panel rehearing with the of rehearing en bane. Please take Notice that all , dockets are held in [trust filed under the UCC forward to the treasury department as well as the Governor's window. , 1 , "All codes, rules and are applicable to the government authorities only, not human/Creators in accordance with God's laws;. All codes, rules and regulations are unconstitutional and lacking in due process ..... Rodriques v Ray ponavan (U.S. Department of Labor), 769 F. 2d 1344,1348 (1985) Case: 10-4753 Document: 366 Page: 3 03/28/2013 894500 66SHANE CHRISTOPHER BUCZEK, Estate.Executor Office. Nation New York.Genetal- Post Office.Erie Road - 7350.Derby. United States Minor, Qutlying Islands.Near. [14047-9998] CERTIFIED MAIL 70Q7 0710 000154863928 Administrative Office of1the United States Courts I Attention: James C. Huff, Chief Administrative Officer i Thurgood Marshall Federal Judiciary Building i One Columbus Circle, Washington, D.C. 205441 To: The Office of the \Administrative Office of the United States Courts, Chief Administrative Officer, James C. Huff. I From:The Office of Exeltutor - SHANE CHRISTOPHER BUCZEK, Estate. Regarding: Unauthorized of Property of SHANE CHRISTOPHER BUCZEK, Estate;[IN THE WESTERN DISTRICT OF NEW YORK BUFFALO NEW YORK, ! Case No. and 1:09-CROOI41-001]; I Enclosed you will find "aibandoned" paperwork which appears to erroneously "allege" that the Office of UNITtD STATES DEPARTMENT OF JUSTICE, WESTERN ! DISTRICT OF NEW YO\RK, WILLIAM J. HOCHUL Jr., Private BAR CARD Registration 2553600 ANfI'HONY M. BRUCE, Private law BAR CARD Registration , 1177211, MARY C. BAUrGARTEN Private BAR CARD Registration 2272581, MAURA O'DONNELL rrivate law BAR CARD Registration 4180501 enrollee in the New York State BAR of New York who by their un-warranted acts, fraudulently claim autho.\ity from this Executor Office to administrate for the SHANE CHRISTOPHER BUCZE!K, Estate. That false claim is hereby Adjourned. 2i "All codes, rules and regulations are applicable to the government authorities only, not human/Creators in accordance with God's AU codes, rules and regulations are unconstitutional and lacking in due process ..." Rodriques v Ray l>onavan (U.S. Department of Labor), 769 F. 2d 1344,1348 (1985) Case: 10-4753 Document: 366 Page: 4 03/28/2013 894500 66You will forthwith retJrn and transmit your written delegated authority to "represent" that you are authorizeJ to administrate the SHANE CHRISTOPHER BUCZEK, Estate, together with a copy of your oath for the Office of United States Attorneys, the Office of Western New William J. Hochul, Jr., Anthony M. Bruce, Mary C. Baumgarten, Maura O'iDonnell accompanied by certified copies of your BAR BONDS, and a detailed list of "aU" other bonds, sureties, indemnification, insurance and Court I Registry Investment (CRIS), CUSIP or SKR numbers and full-accounting relating in any way to your personal and professional acts referenced above and your arrogated, paperwork intrusion upqn the SHANE CHRISTOPHER BUCZEK, Estate. govern yourself accordingly. By: executor .....................................".. "'.. "....."" ... . Office of Executor. Certified Document: 70Q7 0710 000154863928 SHANE CHRISTOPHER BUCZEK, Estate.Nation New York. copy to: The Office of G,vernor General-Post Office. State of New York, Davicll A. Paterson Erie Road - 7350. Derby. copy to: The Office of General United States Minor, Outlying Islands. State of New York, And*ew M. Cuomo Near. [14047-9998) 3 "All codes, rules and regulatiJts are applicable to the government authorities only, not human/Creators in accordance with God's All codes, rules and regulations are unconstitutional and lacking in due process ..." Rodriques v Ray ponavan (U.S. Department of Labor), 769 F. 2d 1344, 1348 (1985) I Case: 10-4753 Document: 366 Page: 5 03/28/2013 894500 66Declaration I declare under the penalty of perjury that the foregoing is true and correct See 28 USC Sec. (1) Date 03/25/2013 Respectfully Submitted, Shane Christopher Buczek . Executor ofthe Estate Attachment (1) Irs 56 Notice Concerning Fiduciary Relationship Attachment (2) the Executor Office of Shane Christopher House of Buczek Attachment (3) Letter!Dated January 27,2010 Brian P Comerford , Attachment (4) Court !Registry Investment System (CRIS) I 4 "All codes, rules and are applicable to the government authorities only, not human/Creators in accordance with God's All codes, rules and regulations are unconstitutional and lacking in due process .. " Rodriques v Ray bonavan (U.S. Department of Labor), 769 F. 2d 1344, 1348 (1985) Case: 10-4753 Document: 366 Page: 6 03/28/2013 894500 66Statement of Christopher House of Buczek We are now holdirtg titles to our name that are ... because we defaulted and have not claimed the estate properly. are holding what equates to a Zombie title. I Secret liens? I dod't know about that.the lien I am talking about is a warehouse lien. County Treasury is Trustee for the State and for the County Venue the Real property. They are holding the real property and for managing it,.charge fees in the form of a tax. Simple really .... the fees wtre not paid so the Treasury added your property interest to a list with other property interests called a blok then advertised a of foreclosure in the newspaper..the fees were not paid on the taxes and the property was placed into custodianship to be paid in the future. \They never finished the foreclosure because they cannot lawfully on foreign private property interests. So this means they contro, only the security interest by possession and venue for the probating df the interest for any lost or missing heirs. So I am suggestingi you now have a severed interest in a mineral estate..this means you are holding a title name that is insolvent and in my opinion meets fbe definition of a Zombie title. I I am suggesting we are foreign to the United states corp., we are resident aliens .as $uch, we have to hire one of the US Attorneys to I represent us as our! personal representative because we have been adjudicated incompetent in a court to handle our own financial affairs which now comes IllS Form 56. Declaration I declare under the \penalty of perjury that the foregoing is true and correct pursuant to\28 USC Sec. 1746 (1) Authorize . 25, BY: ! FOR SHANE C. BUCZEK PROPERTY OF THE STATE OF NEW YORK Persona Non Grata Case: 10-4753 Document: 366 Page: 7 03/28/2013 894500 66UNITED COURT OF APPEALS FOR THE SECOND CIRCUIT CAPTION: Shane-Christopher BulczekI v. CERTIFICATE OF SERVICE Docket Number: 10-4753/12-5017 UNITED STATES I, ______, hereby certify under penalty of perjury that on (name) 03/25/2013 28 USC Sec. 1746(1) ,I served a copy of Judicial Notice FRev 201 pursuant to 1746 (1) Notice Concerning Fiduciary Relationship Form 56 I (list all Ikchmerl/- ..t1/fM.;n ft by (select all applicable)* 1 IllJchmel1l 211 (2] United States Mail [2] Federal Express o Overnight Mail &ecvk (: o Facsimile I rI' I E-mail /JI/ruhmerll 3-1l BritA.: P l [2] Hand delivery f) J /1 -N (C ") i 7"[ on the following parties (cqmplete all information and add additional pages as necessary): ! Frank Perez,Deputy Clerk ! 40 Foley Square New York New York [near 10007] Name AUSA Monica J. Richards Name I Address I I 138 Delaware Avenue i Address City Buffalo City State New York State Zip Code [near 14202] Zip Code i Name : Address City State Zip Code City State Served byPACER.GOV !i also served by ELECTRIC FILING DMM 6021 . 3 e (2) us of A . Name Address 03/25/2013 BY: Today's Date I *If different methods of set1vice have been used on different parties, please indicate on a separate page, the type of service for each respective party. i i Certificate of Service Forml Case: 10-4753 Document: 366 Page: 8 03/28/2013 894500 66Attachmenti i 1 Case: 10-4753 Document: 366 Page: 9 03/28/2013 894500 66Fiduciary's name ission Date 10/0211992 et.al. See Attachment All Second Circuit Jud or suite no.) 500 Pearl Street Daniel Patrick MOynihan U.S. Courthouse City or town, state, and ZIP code I New York, New York near 10007 Non-Domestic Fonn 56 (Rev. December 2007) Department of the Treasury Internal Revenue Service I Notice Concerning Fiduciary Relationship i (Intemal Revenue Code sections 6036 and 6903) OMS No. 1545-0013 Identification'd" Name of person for whom you are acting (as hown on the tax return) Identifying number Decedent's social security no. Shane Christo her House of Buc k Executor of the Estate 46-6576277 131 ; 68 i 5635 Address of person for whom you are acting ( umber, street, and room or suite no.) c/o 7335 Derby Road sit es Telephone number (optional) ( 212 ) 857-8500 Idlll Authority 1 Authority for fiduciary relationshi . Check applicable box: a(1) Will and cOdicils or court appointing fiduciary (2) Date of death ___ . ___ .. ____ __ b(1) 0 Court order appointing . . . . . . (2) Date (see instructions) . __ . ___ . _____ . __ . _ c Valid trust instrument and amendments d Other. Describe ... __ 1!. ___ . _ _ ______ _ i 'dill' Nature of Liability and Tax Notices I 2 Type of tax (estate, gift, generatiqn-skipping transfer, income, excise, etc.) ... _________ _ 3 Federal tax form number (706, 1041, 1120, etc.) ... .. 4 Year(s) or period(s) (if estate tax, of death) ... ..... ____ .__ ... __ .. _____ .__ .________ .. __________ .___ .. _.. ___ .. ____ .___ . 5 If the fiduciary listed in Part I is person to whom notices and other written communications should be sent for all items described on lines 2, 3, and 4, check here. . . . . . . . . . . . . . . . . . . . . . . . . . ... 0 6 If the fiduciary listed in Part I is thr person to whom notices and other written communications should be sent for some (but not all) of the items described on lines 2,13, and 4, check here and list the applicable federal tax form number and the year(s} or period(s) applicable -'_t-:!_ '!!_ T _ ____ _ 'd'N Revocation or of Notice Section A-Total Revocation or Termination 7 Check this box if you are revokinp or terminating all prior notices concerning fiduciary relationships on file with the Internal Revenue Service for the same tax Imatters and years or periods covered by this notice concerning fiduciary relationship . 0 Reason for termination of fiduciary relationship. Check applicable box: a b 0 0 Court order revoking fiduciary Certificate of dissolution or ten!nination of a business entity c Other. Describe ... DEBTOR IS INSOLVENT/FAILURE TO PERFORM THE WILL OF THE DECEDENT I Section B-Partial Revocation 8a Check this box if you are revoking barlier notices concerning fiduciary relationships on file with the Internal Revenue Service for the same tax matters and years or periods covered by this notice concerning fiduciary relationship .. .... 0 b Specify to whom granted, date, address, including ZIP code . ... _ _. ___ ____ .... __ ... _________ .1. ________________ ________ _________ ____ _______ ___ .. __ __" . __ _ __ ..... __ ..... _____ _ _._ I Section C-Substitute Fiduciary 9 Check this box if a new fiduciary 6r fiduciaries have been or will be substituted for the revoking or terminating fiduciary and specify the name(s) and including ZIP cooe(s), of the new fiduciary(ies). . . . . . . . . . . . 0 I -- ---.---- .. ----.-------------. --f-- ..-- ... -.... -- .---- ------ .. ----- ------------- .----------------------------.-------------.-I i For Paperwork Reduction Act and priv1Y Act Notice, see back page. Cat. No. 163751 Form 56 (Rev. 12-2007) Case: 10-4753 Document: 366 Page: 10 03/28/2013 894500 66Form 56 (Rev. 12-2007) Page 21M'" Court and Proceedings Name of court (if other than a court proceedip9, identify the type of proceeding and name of agency) United States Court of Appeals Itor the Second Circuit Address of court ! 500 Pearl Street Daniel Patrick oynihan U.S. Courthouse Date proceeding initiated TBA Docket number of proceeding 10-4753110-4768110-4799 and 12-5017 City or town. state, and ZiP code I Date Time a.m. Place of other proceedings New York,New York near [10007 ![Non-Oomestic] [Non-Assumpsit] 01/12/2012 2:00Pm pl'!l. New York City IMI,' Signature I certify that I have the authority Ito execute this notice concerning fiduciary relationship on behalf of the taxpayer. Please Sign Here Fiduciary's signature Title, if applicable Date Form 56 (Rev. 12-2007) Case: 10-4753 Document: 366 Page: 11 03/28/2013 894500 66Circuit Judges Page 1 of2 UNITED STATES CpURT cfAPPEAIS fotc 1M SECOND CIRCUIT Physical Address:: MailingAddress: Daniel Patrick Moynihan U.S. Coll11:hOuse Thurgood Marshall U.S. Courthouse soo Pearl Street I 40 Foley Square New York, NY 10007 New York, NY 10007 (:1l2.)8S7-8500 (2.12.)857-8500 i Dennis Jacobs, Chief Judge Greve Milton, Circuit Catherine O'Hagan Wolfe, Clerk of i Executive Court i Circuit Judges I Circuit Executive's Office I Clerk's Office ILegal Affairs Office I Emergency Information I Searh I RSS Feeds IJudicial Conference . I SijCOND CIRCUIT JUDGES Horne I :"'c1r{)lttt'li .... I Commission Date Dqnnis Jacobs, ChiefJudge I 10/02/92 W.lfred Feinberg I 03/07/66 Jo O. Newman I 06/21179 All lalya L. Kearse I 06/21179 Ra ph K. Winter I 12/10/81 Roger 1. Miner I 07/22/85 Joijn M. Walker, Jr. I 11/27/89 JO$eph M. McLaughlin I ]0/17/90 I Pierre N. Leval I 10/20/93 Gu. do Calabresi I 07/21/94 A. Cabranes 08/10/94 Ch ester 1. Straub 06/03/98 S. Pooler 06/03/98 D. Sack 06/15/98 A. Katzmann I 07II6/99 Barrington D. Parker lOll 6/01 Ree na Raggi 10/04/02 Ric C. Wesley 06/] 2103 Petr W. Hall 07/07/04 DeQra Ann Livingston I 05117107 E. Lynch I 09/21109 Deqny Chin I 04/23/10 J. Lohier, Jr. I 12/21110 II II II II II II II II II II II II II II II II I I I II II II III Status Active Senior Senior Senior Senior Senior Senior Senior Senior Senior Active Senior Active Senior Active Senior Active Active Active Active Active Active Active Currently, there are eleven judges in regular active service and twelve judges in senipr status. The above order of precedence is used whenever the circuit judges' names are listed on an opinion, summary order, motion endorsement, memorandum, or other document. Judges of other courts sitting by designation in this Fourt are listed after the circuit judges of this court. For three-judge panels, the active circuit judge with the highest precedence presides over the panel and is usmj.l1y listed first (if a senior circuit judge is also a member ofthe panel, the senior will be listed first, provided his or her appointment date is earlier). Ra l14.,orney at law and . I1h)st Americans ned clear. allodial title to proper!). free and clear of any liens or 1ll011gages until Ihe Federal Rderve Act ( 1(13) "Ilypothecated" all propert! ..vir/lin the federall inlkd States to the Board ofG(l\cmois of the Federal Resene.-in whIch the Trll'>tees ('>tockholders) held legal title. The L.S. cinzen (tenant. 'Was regIstered as a "beneficiaty" of the trust \ia his,her birth cenificate. rn 19:;:;. the federal States hypothecated all of the present and future properties. assets and labor of their "subjects. ,. thb 14th Amendment ( : S citizen. to the Federal Reserve Systcm I, In return, the Federal Reserve agreed 10 extend the federal lmted States corporation the elltire credit "money substitute" it needed. Like any other debtor. the federal L'nited States government had to assign collateral and security creditors as a condition of the loan. Since the federal United States didn't have an} assets. they asslgned the private propet1y of their "economIc sla\es". the t'.S. cHizens as collateral against the unpayable! federal debt They also pledged the unincorporated tederal telTltories. national parks forests, hil1h and IlOnprotit organil:atiolls. as collateral the federal deht All has already been transferred as payment to the IIlternatIonal bankers lim ittingly. i\menca has returTiled to its pre-A.lI1erican Revolution. feudal roots \\hereby all land b held hya sovereign and the people had no nghts to hold allodl3,1 title tt: properly. Once agatn. e thc [leople are the tenants and renting our (wm property trolll a SovereIgn 111 thc gUIse Ilt the Federal Reserve Bank. We the have exchanged onc master for another This has been gOll1g on eighty years \1" itllllllt the'infonned knowledgc" of the American people. \vithout a vOice protestmg loud t::lh)Ugh. !\iO\\ it's easy to grasp \\ hy Amenca is fundall1cntall) banklllpL Why don't more people o\,>;n ,th1ir propelties outrIght'} Why 900 of are to the hilt and hme little or no assets atter!all debts and hablltl1es ha\e been patd) \\ h) II tcc! like you arc \\orking harder and harder and getting. less and less') We are reaping whi:lt has been and the results harvest are a painlltl h(ll1kruprcy. and a foreclosure on y. pre.cious Iibc.rti,es.. a \\ (1) of Itt'e Few of t)UI elected representatl\cs 111 Washmgton. D ( . have dare to tell the trllth 1he federal t nlled Stak's IS bankrupt. Our cllIldren "Ill inherit this unplayablc debt. ane the tyranny to enforce paylllg II Case: 10-4753 Document: 366 Page: 54 03/28/2013 894500 66InternatlOnal Incident under U P U i Umversal Postal Union-Berne. Switzerland RC 013 15-4751 US IllS kno\\n that most lllsuranceiis a tOlltme scheme. and ifs therd(He forbIdden b\ 1' these ahen:,. to claim the land that is pennflnently our property to protect') Does our qege-lord say we ha\ e to pay a property tax on land he gave LIS') Dnll't \ Oll think this is a gN)d start to rid of this Satan controlled garbage called the Pope. The "lI1g, The Statc. The lnited Slales. The COllll!]l The Townships. thl! legislators and worst of all the ""VOl' be unto you I.aw y ers)n Do this and \\ h) dOiyc,lI need a "republt;.;'l" I\. 111 legal terms. IS a commerCIal bunch of people because it IS (j cOliJmon\\ealth that my dear people \\-di put you right bad" on the path to whe'le \Ull arc now and history will repeatl ibelf o\e[ and o\er agam Look at all the "de jure Republics formed all across the coulltly EXIIIBIT C; In the l' nited States the first de\elopment noted IS the 1966 merger of the old (Jenera! -\dnmalty Rules lIlto the Federal Ruks of ('i\i! hocedure. Though sc\eral cOlllmentators made predictIOns concenllng the effects of unification upon 1jhe substanti\ e la\\ of IT \\as not I1I1t1l the late 1