Pleading Wizard - Angelfire

Robert Lindsay; Cheney Jr.
Fifteenth Judicial District
6190 Skyway
Paradise, California
(530) 877-1265
In Propria Persona, Sui Juris


SUPERIOR COURT OF THE STATE OF CALIFORNIA


CITY AND COUNTY OF SAN FRANCISCO[1]

DIVISION ____________
___________ TERM
| | |
|Robert Lindsay; Cheney Jr. |CASE No._____________ |
| | |
|APPELLANT / PETITIONER |(3RD APPEL. No. C 037374) |
|Accused and Aggrieved Party |(Sup.Ct. No. CM 010607) |
| |(Sup.Ct. No. CR 25413) (Muni Ct. No.|
|Against |P 3747) |
| | |
|THE PEOPLE OF THE STATE OF CALIFORNIA, |COMPLAINT OF |
|By their Attorney, Michael L. Ramsey, | |
|District Attorney for the County of Butte |UNCONSTITUTIONALITY OF |
|Respondent/Contemnor (Undefined) | |
| |CALIFORNIA PENAL CODE(S) |
|COUNTY OF BUTTE, Butte County Consolidated | |
|Court System, "Superior Court", Gerald |SECTION 270 "Willful Failure to |
|Hermansen "Judge" |Provide" and |
|Respondent/Contemnor (Undefined) | |
| |SECTION 166(a)(4) |
|Ms. Susan Sloan, A.K.A. a fiction "SUSAN |"Contempt" |
|SLOAN" by her attorney, Michael L. Ramsey, |[AND OTHER LAWS THERETO] |
|District Attorney for the County of Butte | |
|Respondent/Contemnor (Undefined) |[HABEAS CORPUS] |
| |(Common Law) |
|CALIFORNIA DEPARTMENT OF CORRECTIONS | |
|Respondent/Contemnor (Undefined) |Date: ________ |
| |Time: ________ |
|JOHN AND JANE DOES, 1 THROUGH 500 |Dept: ________ |
|Respondent(s)/Contemnors (Undefined) | |

Comes Now, the accused and greatly aggrieved party in this matter, Robert
Lindsay; Cheney Jr., approaching this lawful judicial powers court in good
faith and supplicating this tribunal and Almighty God for justice and the
law in this matter and seeking palpable remedy at law in the first
instance.

To the Superior Court of the State of California, City and County of San
Francisco, TO its Presiding Justices and Associate Justices, GREETINGS:
County of San Francisco ]
] Affirmed.
State of California ]

In the matter of the application of Robert Lindsay; Cheney Jr. ]
For a Writ of Habeas Corpus. ] Complaint
at Law
]
The nature of this action is thereby lawfully stated by this document
which is brought in the judicial department of the state of California
government under Article III of the Constitution of California (1849) and
the common law as declaratory under the published California Civil Code
Section 22.2 "The common law of England, so far as it is not repugnant to
or inconsistent with the Constitution of the United States, or the
Constitution or the laws of this State is the rule of decision in all the
courts of this State." [N.Y. Code Civ. Proc. § 2012 (Birds. Rev. Stat.
(1896) p. 1388 § 7).] as a writ of right and perfect right for your
Petitioner/Appellant, Robert Lindsay; Cheney Jr., the accused and greatly
aggrieved and damaged party in this matter.
NOTE: Article 2559, § 28. No writ of Habeas Corpus shall be dissolved
for defect of form, if it sufficiently appear therefrom in whose custody or
under whose restraint the party imprisoned or restrained is, the officer or
person detaining him. An Act Concerning the Writ of Habeas Corpus--[Passed
April 20th, 1850]

This writ of habeas corpus consists of four parts inclusive:
a) Writ of Habeas Corpus
b) Verified Petition for Writ of Habeas Corpus
c) Affidavit in Support of Habeas Corpus
d) Order for Writ of Habeas Corpus to Issue.

(And other ancillary documents contained hereto)


FORMAL PROCEDURAL NOTICE IN LAW

"But if it be found that the court had no jurisdiction to try the
petitioner, or that in its proceedings his constitutional rights have
been denied, the remedy of habeas corpus is available. Ex parte Lange,
18 Wall. 163, 178; Ex parte Crow Dog, 109 U.S. 556, 572; In re Snow,
120 U.S. 274, 285; In re Coy, 127 U.S. 731, 758; Hans Nielsen,
Petitioner, 131 U.S. 176, 182; In re Bonner, 151 U.S. 242, 257; Moore
v. Dempsey, 261 U.S. 86, 91; Johnson v. Zerbst, 304 U.S. 458, 467.
(Bowen v. Johnston (01/30/39) 306 U.S. 19, 59 S. Ct. 442, 83 L. Ed.
455)

I
NATURE AND CHARACTER OF THE PARTIES
APPELLANT/PETITIONER

1. Your Appellant and Petitioner Robert Lindsay; Cheney Jr. is the accused
and greatly aggrieved and damaged party in this matter, who has original
jurisdiction in this matter as his status is that of a White Christian
Male Adult of the age of majority, not an incompetent; nor embarrassed by
Amendment the XIV of the Constitution for the United States, a common law
Citizen of the State of New York, a member of the posterity[2] of this
nation of "we the people," a superior free people who is a man about the
land, a human being living and traveling on the landmass[3] thereof; who
has against his will and over his lawful authority and consent thereto,
been unlawfully abducted and/or kidnapped into the State of California[4]
and has been held hostage thereto without due process of law, under color
of law and under color of authority, and thereby comes under this courts
lawful jurisdiction.
a. That said Appellant/Petitioner is in his own proper person a
human being, representing himself as his own counsel, In Propria
Persona Sui Juris.
b. That said Robert Lindsay; Cheney Jr. does not spell or
capitalize his name any other way, shape or form, and any other
spelling or capitalization is a fiction and not me, and must be
expunged from the record in this matter, as I have a right to
bring this matter in my exact legal appellation.
c. That your Appellant acting as his own counsel has personal
knowledge of these matters contained within this Constitutional
Challenge against Penal Code §§ 270 and/or 166(a)(4) and that he
has been personally and egregiously damaged and effected by the
continuing bad-faith actions of respondent's in this matter who
are in direct insolence to the concise rule of law[5] as
enumerated by the Constitution of California (1849) [Adopted by
the Convention, October 10, 1849; Ratified by the people,
November 13, 1849; Proclaimed, December 20, 1849.]
2. The SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN
FRANCISCO, is in fact a court of the state of California, and not in any
'territory' or "federal district'-and is in fact, the organic court as
lawfully established by statute in 1861 shall be Concurrent with and
Equivalent to with "coextensive jurisdiction with the district courts of
the union state of California" as created in Article VI, Section 1,
Constitution for California of 1849, see: Stats. 1861.
Your Petitioner Robert Lindsay; Cheney Jr., in Propria persona, sui juris,
the accused and aggrieved party in this matter, unlawfully and
unconstitutionally restrained of his liberties by the above-named
respondent's; is a natural born, free white citizen of Queens County, state
of New York, and thereby a state Citizen and American Citizen within the
original meaning of the Constitution for the united States of America 1787-
1791, NOT welfare enumerated, and is not a "PERSON," SUBJECT, or CITIZEN
within the meaning of the Fourteenth Amendment of the Constitution for the
United States of America, under the separate but equal doctrine of Plessy
v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256. Petitioner is an
ordinary white Christian male inhabitant, a member of the posterity of this
country, a human being, living at peace, about the land, during a time of
profound peace, who honourably served his country with honor and
distinction during the Vietnam Era War, in the United States Marine
Corps[6], and who at all times been a law abiding citizen, a taxpayer,
acting in his own person and status as mandated at law.
Your petitioner, Robert Lindsay; Cheney Jr. is now, and at all times
in this action have been, one of the people of New York, a citizen of
state, defined in Article VII Constitution of New York, April 20, 1777, and
specifically not welfare enumerated; in propria persona sui juris and not
pro se, not pro per; living on the Land within the boundaries of Woodside,
Queens county, in New York, one of the united states of America by an act
of Congress; with express and explicit reservation of all Unalienable,
Vested Natural, Inherent, and common Law Rights, wh