Ferguson-El v. State of Virginia et al, No. 3:2010cv00577 - Document 24 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 8/9/11. Copy sent: Yes(tdai, )
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IN THE UNITED FOR THE STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Richmond Division LEON PAT FERGUSON-EL, Plaintiff, Civil Action No. v. STATE OF VIRGINIA, et 3:10CV577 al.. Defendants. MEMORANDUM OPINION Leon Pat Ferguson-El, proceeding pro se and jln a Moorish-American forma pauper is, By Memorandum Order entered on April 25, Ferguson-El's complaint consisted conclusions and directed complaint. The matter Ferguson-El's §§ 1915(e)(2) is almost before Particularized filed this 2011, Ferguson-El Virginia to the civil action. the Court noted that entirely file a Court Complaint inmate of legal particularized for evaluation pursuant to 28 of U.S.C. and 1915A. This Court must dismiss any action filed by a prisoner if the Court determines state § a claim 1915(e)(2); the on action which (1) relief see 28 U.S.C. claims based upon H(an claims where § "'factual Clav v. Neitzke standard the Yates. v. is 809 F. Williams. the wis frivolous" may 1915A. be 490 familiar 417, U.S. 427 319, standard for are (E.D. 327 a "fails 28 to U.S.C. first standard includes indisputably meritless Supp. (2) granted." The contentions or legal theory,'" clearly Va. motion to baseless.'" 1992) (1989)). or (quoting The dismiss second under Fed. R. Civ. P. 12 (b) (6). Particularized Complaint I. Ferguson-El "STATEMENT OF provides (DEBTOR), the below, Ferguson-El's factually and legally frivolous. the following introduction in FACTS": Plaintiff, by explained Summary of Allegations asserts a claim that Defendant(s)that named is As LEON a strawman, government knowledge of breathing Man" PAT "STATE intent of Plaintiff, is undiable by the FERGUSON®, is a fictitious or dummy corporation created OF VIRGINIA", the natural without person the "living only exists under the COLOR of law, and claiming only to be legally incorporated for the of commerce, and exercising the power and functions of a corporation, without actual lawful authority to do so, but strictly for the benefit of the government "STATE OF VIRGINIA", and its commerce. (As in the present situation of a U.S. Corporation in Puerto Rico, see (BMF) Business Master File). The Defendant(s) purposes has created the Public "vessel" LEON PAT FERGUSON®, and continue the unlawful seizure and unlawful imprisonment etc., of the "living breathing Man" Plaintiff, for interstate and foreign commerce for profit under Admiralty and Maritime jurisdiction of the UNITED STATES, by its co-business partner the commercial corporate government juridical construct d.b.a. STATE OF VIRGINIA, under COLOR of law and office. Plaintiff, asserts a claim that he is a Moorish American National a "living breathing Man" and that the commercial corporate government juridical construct d.b.a. STATE OF VIRGINIA, has failed to produce any Admiralty, Maritime contract through Plaintiff's administrative process #P02904REP, that would bind the Plaintiff to some cause of the performance [U.C.C. § 8.2501 and U.C.C. § 1-201. COV] , demand styled STATE OF VIRGINIA v. LEON PAT FERGUSON under Cause(s) C-253-7-20, with full disclosue, knowledge, understanding of the terms, conditions, and obligation thereof would become a party as would be signature [U.C.C. said contracts. evidenced § by 8.1-201(39) Plaintiff's COV], being bona fide affixed to his And that the Plaintiff voluntarily as a "living breathing Man" Plaintiff allowed the Defendant(s) repeated seizure of Plaintiff in commerce under COLOR of law and office. Plaintiff is entitled to relief sought within his initial pleading for Plaintiff is an intervening third party who is being injured by actions of the Defendant(s) artfully continuing of the the unlawful seizure, unlawful imprisonment, of a "living breathing Man" while hiding behind the corporate veil of the commercial corporate government juridical construct d.b.a. STATE OF VIRGINIA. It is a grievous injury for a corporation to injure a "living breathing Man" by act(s) of its agents/actors of STATE OF VIRGINA. (Part. Compl. Ferguson-El 2-3 (paragraph provides an numbers equally omitted.)1 incoherent Thereafter, discussion of his theories as to why he believes the named defendants2 violated his civil rights Ferguson-El and why he is entitled to relief. For example, alleges: Plaintiff, asserts that the Defendant(s) in their individual capacities are equally responsible for the violation of 18 U.S.C.A. § 1201(a) (1) (2) , by the fictitious process "STATE OF VIRGINIA v. LEON FERGUSON ARLINGTON COUNTY CIRCUIT COURT Cause(s) C-25307-20, has place Plaintiff a "living breathing Man" within Admiralty, Maritime jurisdiction of the territorial jurisdiction of the United States, the commercial corporate government juridical construct d.b.a. STATE OF VIRGINIA. Section 1201(b) of Title 18, expresses that "with respect to subsection (a) (1) , the failure to release the victim "Plaintiff" within twenty-four hours 1 The Court has corrected the spacing in the quotations to Ferguson-El's Particularized Complaint. Otherwise, the errors and alterations appear in the Particularized Complaint. 2 Ferguson-El names as defendants various state officials who are responsible for Johnson. Ferguson-El his continued detention, including Gene describes Johnson as "dba DIRECTOR for the commercial enterprise VIRGINIA DEPARTMENT OF CORRECTION, is the Chief warehouse man for the commercial warehouses, that houses biological property, for the commercial corporate government juridical construct d.b.a. STATE OF VIRGINIA." (Part. Compl. 1.) after . . . he shall have been unlawfully seizure, confined shall create a rebuttable presumption. (Emphasis added) (Id. at 4.) III. ANALYSIS Ferguson-El apparently adheres Monroe v. States Beard, 536 F.3d 198, Court of Appeals "Redemptionist" a split person . personality: called 203 n.4 for the theory . a the to Redemptionist (3d Cir. Third Circuit . theory. 2008). See The United explained: propounds that a person has real person and "strawman." a The fictional "strawman" purportedly came into being when the United States went off the gold standard in 1993, and, instead, pledged the strawman of its citizens as collateral for the country's national debt. power only person, Redemptionists claim that government has over the strawman case of remains and free. not over prisoners, to Individuals the live free themselves by filing UCC financing statements, thereby acquiring an interest in their strawman. Thereafter, the real person can demand that government officials pay enormous sums of money to use the strawman's name or, in the who keep him in can custody. If government officials refuse, inmates are encouraged to file liens against correctional officers and other prison officials in order to extort their release from prison. Adherents of this scheme also advocate that inmates copyright their names to justify filing liens against officials using their names in public records such as indictments or court papers. Id. Ferguson-El also apparently theory regarding the use of capital adheres to the Redemptionist letters: Redemptionists claim that by a birth certificate, government created strawmen out of its citizens. person's name spelled capital letters person, that is, person's name is it is on a birth in English, that is with the A initial and small letters, represents the real the flesh and blood person. Whenever a written in total capitals, however, as certificate, the Redemptionists believe that only the strawman is blood person is not McLauahlin (D. v. Conn. Wash. v. Inc., 726 F. Bank, 524 flesh and Supp. (internal quotation marks omitted) ; F. Supp. Ferguson-El In short, criminal and the involved. CitiMortqaae. 2010) Mut. referenced, seeks 2d 753, 758-61 to avoid the conviction by suggesting he exists as 2d 201, 210 see also Bryant (W.D. Va. 2007). consequences of his two separate legal entities and that the State of Virginia does not have jurisdiction over both entities and thus must release him, Man" (Part. legally 2011 Compl. 2) frivolous. WL 1256624, and See at pay Tirado *4-5 him v. damages. New (D.N.J. wthe living breathing Such Jersey. Mar. 28, No. a theory 10-3408 2011) (JAP), (observing similar argument "has absolutely no legal basis"); Marshall v. Dep't Fla. Corr., Oct. No. 27, 10-20101-CIV-GOLD, 2010). U.S.C. The Opinion § 6394565, the disposition of the at *1 a Fla. (S.D. The Clerk will action for purposes of 1915(g). Clerk to WL The action will be DISMISSED. be DIRECTED to note 28 2010 is is DIRECTED to send a copy of this Memorandum Ferguson-El. An appropriate Order shall issue. Robert E. Payne Senior United States District Judge Date: Richmond, Vfrgini
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