respondents tony duane gary - ohio supreme court ... black and colored, subject to the ohio...

The United States Supreme Court

For Ohio RepublicCase No.: 2012CRB01492

Ilataza: Ban- Yasharahla El, MiFree Moorish American National, In Propria Persona,Authorized Representative, Natural Person, In Propria Persona:

All Rights Reserved:

U.C.C. 1-207/ 1-308; U.C.C. 1-103Not a Corporate Person or Entity, Misrepresented by Fraudulent Construct of ALL CAPITAL LETTERS

Petitioner

Vs.

Eric J. Rothgery, D.B.A. ERIC J. ROTHGERY, CLERK OF COURT

Gary C. Bennett, D.B.A. JUDGE GARY C. BENNETTT

Duane Whitely, D.B.A. CHIEF OF POLICE: DUANE WHITELY

ELYRIA MUNICIPAL COURT INCORPORATED,

CITY OF ELYRIA POLICE DEPARTMENT INCORPORATED

Tony Horn, D.B.A. TONY HORN at T BONDS INCORPORATED

Respondents

PETITION FOR WRIT OF HABEAS CORPUS

IFDLE1OEC 10 2012

CLERK OF COURTSUPREME C'OtlRl OF C

The United States Supreme Court

For Ohio Republic

Ilataza: Ban- Yasharahla El,

Free Moorish American National, In Propria Persona,

Authorized Representative, Natural Person, In Propria Persona:

Case No.: 2012CRB01492


U.C.C. 1-207/ 1-308; U.C.C. 1-103

Not a Corporate Person or Entity, Misrepresented by Fraudulent Construct of ALL CAPITAL LETTERS

Petitioner

Vs.

Eric J. Rothgery, D.B.A. ERIC J. ROTHGERY, CLERK OF COURT

Gary C. Bennett, D.B.A. JUDGE GARY C. BENNETTT

Duane Whitely, D.B.A. CHIEF OF POLICE: DUANE WHITELY

ELYRIA MUNICIPAL COURT INCORPORATED,

CITY OF ELYRIA POLICE DEPARTMENT INCORPORATED

Tony Horn, D.B.A. TONY HORN at T BONDS INCORPORATED

Respondents

PETITION FOR WRIT OF HABEAS CORPUS

TO: The United States Supreme Court For Ohio Republic

This Petition of Habeas Corpus is in accordance with The UnitedStates Constitution, Article I section 9.

The petition of Ilataza: Ban- Yasharahla El for a Writ of Habeas Corpus, pursuant to Article I§9 of the

United States Constitution, Article I§8 of the Ohio State Republic Constitution and STATE of

OHIO Revised Code 2725.01, respectfully challenges the jurisdiction of ELYRIA MUNICIPAL

COURT INCORPORATED, to this Court, and further alleges:

1. On the 7th day of May 2012, CITY OF ELYRIA POLICE DEPARTMENT INCORPORATED

employees, alleged to be "officers", violated Petitioner's 4th Amendment right by forcefully

entering and searching Petitioner's private dwelling without a warrant issued upon probable

cause, supported by oath or affirmation, and particularly describing the place to be searched, and

the persons or things to be seized, due to complaint of "smelling marijuana", allegedly made by

neighbors. In the Police Report Respondent Whiting wrote: "Upon arrival, Officers did not smell

an odor of marijuana emanating in the hallway."

2. Respondent, "Officer" Whiting, under the authority of Duane Whitely, D.B.A. CHIEF OF

POLICE DUANE WHITELY at CITY OF ELYRIA POLICE DEPARTMENT

INCORPORATED, violated Petitioner's 4`h Amendment right, secured by the Constitution for the

United States of North America Republic, by forcing Petitioner to place his private Free Moorish

American National signature on the original charging instrument, by advising him he would be

arrested if he did not agree to place his Free Moorish American National signature on the

"summoning" instrument. Petitioner signed the instrument under "threat, duress, and coercion"

under his religious Aboriginal / Indigenous Theocratic- Ecclesiastic title, "Priest: Ilataza".

3. Respondent, "Officer" Whiting violated Petitioner's 1s` Amendment right, interfering with

Petitioner's free exercise of religion, by placing Petitioner's "private" European "Christian" name

given at birth, in the Police report, which was used in the CHRONICLE TELEGRAM, public

town newspaper, at CITY OF ELYRIA INCORPORATED. Petitioner, advised Respondents,

"Officers" Curry Robert Whiting, Curry Robert Whiting, Durrell M. Binford that as a tenet of his

religion, he gave his "private" European Christian name given at birth, to his "God", "; rtrr", as a

"sin offering", not to be used due to the name being attached to SLAVERY, via the European

occupation, colonization and enslavement of the Petitioner's ancestors, the Original and

Indigenous people of the Al Moroccan Empire, Northwest Amexem, North America.

4. All Respondent Police "Officers" are in violation of the Petitioner's 5t" Amendment right, by

Respondents stealing Petitioner's "private property" European Christian name given at birth, to

be taken for public use on several websites online and other "publications" without just

compensation

5. Respondents, Gary C. Bennett D.B.A. JUDGE GARY C. BENNETTT, Lisa Locke Graves

D.B.A. JUDGE LISA LOCKE GRAVES and ELYRIA MUNICIPAL COURT INCOPORATED

violated Petitioner's 6"' Amendment right, denying Petitioner's right to a speedy and public trial,

by an impartial jury of the de jure State Republic and district wherein the crime shall have been

committed, which district shall have been previously ascertained by law, and to be informed of

the nature and cause of the accusation; to be confronted with the witness against him; to have

compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel

for his defense, by attempting to force the petitioner to make his Plea to the charges alleged, to

an unknown Bailiff at ELYRIA MUNICIPAL COURT INCORPORATED.


D.B.A. JUDGE LISA LOCKE GRAVES and ELYRIA MUNICIPAL COURT INCOPORATED

violated Petitioner's lst and 5"' Amendment rights by

a) Associating Petitioner with sin, via using Petitioner's "private property "European

Christian" name, which is a product of sinful slavery, prohibiting Petitioner's free

exercise of religion thereof, to not be associated with said name.

b) By using Petitioner's "private property" "European Christian Colonial" name given

at birth, product of sin through slavery, on their public website, to be taken for public

use without just compensation, by filing a warrant for Petitioner's arrest using

Petitioner's "private property" "European Christian Colonial" name, when the

original charging instrument was signed under "threat, duress and coercion" by

Petitioner in his religious Aboriginal / Indigenous Theocratic- Ecclesiastic title,

"Priest: Ilataza".

c) Holding Petitioner, who is a Moorish American National, for a capital, or otherwise

infamous crime without the presentment or indictment of a grand jury, due to

Petitioner being later served a warrant for arrest under Petitioner's "private property"

"European Christian Colonial" name, while already supposed to be released on a

cleared bond for a different charge, forcing Petitioner to have to litigate by placing

plea under his private property" "European Christian Colonial" name, compelled to

be a witness against himself in order to be freed from the unlawful custody of

LORAIN COUNTY JAIL INCORPORATED.

d) Due to' said events, Petitioner was incarcerated for another 24 hours, deprived of

liberty and due process of law. Plea was made under, threat, duress and coercion.

Petitoner was forced to create a unwanted unwarranted contract by doing business

with bail bondsman, Tony Horn, D.B.A. TONY HORN.

7. Tony Horn, D.B.A. TONY HORN at T BONDS INCOPORATED violated Petitioner's 4`"

Amendment right by attempting to carry out unlawful warrant without being able to Present to

Petitioner a lawful 4`h Amendment warrant, supported by oath or affirmation, particularly and

efficiently identifying the natural person to be searched and seized.

8. Respondents, Gary C. Bennett D.B.A. JUDGE GARY C. BENNETTT, Eric J. Rothgery D.B.A.

CLERK OF COURTS and ELYRIA MUNICIPAL COURT INCOPORATED violated

Petitioner's 8h Amendment right by unjustly enforcing excessive bail, fines and punishment,

causing Petitioner to be incarcerated longer upon charges of a victimless crime.



Petitioner's 0' Amendment right by ordering, filing and carrying out a warrant for arrest without

it being based upon probable cause, supported by oath or affirmation, particularly and correctly

describing and efficiently identifying the "natural person" to be seized.



Petitioner's 9th Amendment right by disparaging the inalienable / unalienable rights retained by

the Petitioner.



Petitioner's 10th Amendment right by exercising powers not delegated to the United States by the

Constitution and or delegated to ELYRIA MUNICIPAL COURT INCORPORATED by the

Constitution, but reserved by the Petitioner.


D.B.A. as JUDGE LISA LICKE GRAVES, Richard K. Schwartz D.B.A. MAGISTRATE

RICHARD K. SCHWARTZ and Eric J. Rothgery D.B.A. CLERK OF COURT have violated

Article 6 of the United States Constitution by having "sworn oaths" of a religious tone, by said

"sworn oaths" ending with the phrases "This I do as I shall answer to God" or "So help me God".

Respondent, as a Moorish American National, worships a higher power that has several Holy,

attributes, "God" not being one of them, does not share or adhere to the same religion or religious

tenets as the named Respondents, whom are Europeans, with a culture and religion contrary to

that of Moorish Americans whom are Aboriginal / Indigenous to North America.

13. All respondents have violated Article 4 Section 1 of the United States Constitution by not giving

full faith and credit to Petitioner's fully and lawfully affirmed affidavits that proves Petitioner is

NOT whom the warrant has been filed against, filed on the public record since March 2011, at the

MONTGOMERY COUNTY RECORDER'S OFFICE INCORPORATED in Dayton, Ohio

Republic. All respondents have also violated Article 4 Section 1 of the Constitution by not giving

full faith and credit to the Proclamations made by United States City Mayors, acknowledging

Moorish Americans as the 1st original inhabitants of North, Central, South America and the

adjoining islands which are an extension of the Al Moroccan Empire. By these acts of willfull

ignorance, Petitioner has been deprived of his Nationality as a Moorish American and forced to

be treated as a Negro, Black and Colored, subject to the Ohio Christian Black Codes of 1804,

which were adopted from the Christian Black Code of Louisiana of 1724. Please find said

Proclamations enclosed as "Exhibit D".

14. All respondents have violated the 13t" Amendment of the United States Constitution by

attempting to participate in "slavery", "slave trafficking", enforcing involuntary servitude upon

the Petitioner whom is a Free Moorish American National, aboriginal and indigenous to the

Moroccan Empire, North America.



RICHARD K. SCHWARTZ are in violation of Article 3 Sections 1 of the United States

Constitution, 1) by violating Petitioner's rights; they are not holding their seats during good

behaviour.

16. Petitioner is unaware to whom this "Mystery God" is that Respondents have invoked and sworn

an "oath" to. The simple fact Respondents have a sworn oath to a "Mystery God" of Babylon,

makes their oaths UNLAWFUL, thus their offices void of any delegated authority if any ever

existed.



RICHARD K. SCHWARTZ and Eric J. Rothgery D.B.A. CLERK OF COURT have violated

United States of America Republic Statutes At Large Statute 1 Chapter 1

"...to regulate the Time and Manner of administering certain oaths

Section 1. Be it enacted by the Senate and [House of] Representatives of the United States of

America in Congress assembled, that the oath or affirmation required by the sixth article of the

Constitution of the United States, shall be administered in the form of the following to wit "I,

A.B. do solemnly swear or affirm (as the case may be) that I will support the Constitution of the

United States.

Section 3. Be it further enacted, that the members of the several State Legislatures, at the next

sessions of the said legislature, respectively, and all executive and judicial officers of the several

States, who have been heretofore chosen or appointed, or who shall be chosen or appointed

before the first day of August next, and who shall then be in office, shall, within one month

thereafter, take the same oath or affirmation, except where they shall have taken it before; which

may be administered by any person authorized by the law of the State, in which such office shall

be holden, to administer oaths. And the members of the several state legislatures, and all

executive and judicial officers of the several States, who shall be chosen or appointed after the

said first day of August, shall, before they proceed to execute the duties of their respective

offices, take the foregoing oath or affirmation, which shall be administered by the person or

person so administering the oath hereby required to be taken, shall cause a record or certificate

thereof to be made, in the same manner, as, by the law of the State, he or they shall be directed to

record or certify the oath of office."

Respondents', Gary C. Bennett D.B.A. JUDGE GARY C. BENNETTT, Lisa Locke Graves


RICHARD K. SCHWARTZ and Eric J. Rothgery D.B.A. CLERK OF COURT oaths are

incorrect and unlawful in form according to the Statutes At Large.

18. Respondents have interfered with Petitioner's Human and Civil rights, civilly and criminally

violating Ohio Revised code 2921.45, U.S.C. Title 18 Sections 241 and 242 Conspiracy Against

Rights and Deprivations of Rights Under a Color of Law, by enforcing ordinances and codes

contrary to the United States Constitution.

19. Respondents have violated Article 3 Section 3 of the United States constitution, treason against

the United States, adhering to the United States' enemies' principles, giving them aid in comfort

as they see ignore the tenets of the United States Constitution and violate said tenets.

20. Petitioner request for meaningful opportunity to be heard on this matter and to be brought forth to

the proper tribunal for action of warrant for arrest to be lifted and charges related to said warrant

dropped.

21. The cause or pretense of such warrant for arrest, according to the best of my knowledge and

belief, was issued by the Respondents, Gary C. Bennett D.B.A. JUDGE GARY C. BENNETTT

and Eric J. Rothgery D.B.A. CLERK OF COURT at ELYRIA MUNICIPAL COURT

INCORPORATED, based upon Respondent "Officer" Whiting charging Petitioner with the

crime(s) CITY OF ELYRIA INCORPORATED ordinance 513.14 Drug paraphernalia

Misdemeanor. This is a minor misdemeanor wherefore I challenge the status, jurisdiction and

venue of the Respondents, Gary C. Bennett D.B.A. JUDGE GARY C. BENNETTT, Eric J.

Rothgery D.B.A. CLERK OF COURT at ELYRIA MUNICIPAL COURT INCORPORATED

and ELYRIA MUNICIPAL COURT INCORPORATED. Copies of original charging instrument

and Affidavit of Nationality and Citizenship and Declaration of Domicile and Certificate of

Birthright and Holy Covenant and other documents that identify Petitioner as Ilataza Ban-

Yasharahla El annexed hereto, marked "Exhibit A,B, and C", and made part hereof.

WHEREFORE, I respectfully and lawfully request according to the Supreme Law of the land that a Writ

of Habeas Corpus issue, directed to the Respondents above-named and Respondents be held criminally

and civilly liable in their official and private capacities. I further request that this Honorable Supreme

Court may inquire into the lawfulness of charges and warrant placed against Petitioner.

November 26, 2012





U.C.C. 1-207/ 1-308; U.C.C. 1-103


Khodesh Yerusaliym Territory

[c/o 1977 East 30th Street]

[Lorain, Ohio Republic [Zip Exempt]]

Northwest Amexem

VERIFICATION

Ohio Republic

COUNTY OF LORAIN

I, Ilataza: Ban- Yasharahla El, being first duly affirm upon my affirmation, state that I have read the

foregoing petition and know and understand its contents, and the information contained herein to be true

and correct to the best of my knowledge and information. On November 26, 2012, I sent this petition by

United States certified mail to the United States Supreme Court for the Ohio Republic.





U.C.C. 1-207/ 1-308; U.C.C. 1-103


Khodesh Yerusaliym Territory

[c/o 1977 East 30th Street]

[Lorain, Ohio Republic [Zip Exempt]]

Northwest Amexem

Romans 1:9 -For i^ il 1 is my witness, whom I serve with my spirit in the gospel of his Son, that without

ceasing I make mention of you always in my prayers;

CERTIFICATE OF SERVICE

I hereby certify that true copies of the foregoing petition were served upon the United States Supreme

Court For the Ohio Republic and ELYRIA MUNICIPAL COURT INCOPORATED, via United States

certified mail on November 26, 2012.

(Signature of Petitioner)

Romans 1:9 For God is my witness, whom I serve with my spirit in the gospel of his Son, that without

ceasing I make mention of you always in my prayers.

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LORAIN COUNTY COURT OF COMMON PLEAS^: _ _. ^ _: • LORAIN COUNTY JUSTICE CENTER

225 COURT STREETEL i R!A, OHIO 44035

* * ^ STATEMENT OF COURT COSTS

TO: PRIEST ILATAZA April 4, 2012234 BRUNSWICK DRIVE, UNIT TELYRIA, OH 44035

CASE NO. 12CV175145PRIEST ILATAZA VfS LORAIN COUNTY CLERK

LOMN COUNTY COURT OF ^^ ^ ^^ PLEASLORAIN COUNTY JUSTICE CENTER

225 COURT STREETELYRIA, OHlO 44035

TO: PRIEST ILATAZA 12CV175145234 BRUNSWICK DRIVE, UNIT TELYRtA OH - 4403 a

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Amount due

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I^68SL7b7 0000-1-01---l=_15- 000GO009781.^^ 70-7,10C3002cII017

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respondents tony duane gary - ohio supreme court ... black and colored, subject to the ohio...

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