No. 18-1412

Lewis-Jay Porter v. Texas

Lower Court: Fifth Circuit
Docketed: 2019-05-10
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment civil-procedure constitutional-rights due-process foreign-sovereign-immunities-act foreign-state personal-jurisdiction sovereign-immunity statutory-interpretation subject-matter-jurisdiction
Key Terms:
DueProcess Securities Jurisdiction
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the court lacks subject matter and personal jurisdiction due to the court being defined as a 'foreign state' under FRCP Rule 4(j) and the Sovereign Immunities Act (FSIA) of 1976

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW The Court lacks subject matter and personal jurisdiction for the reasons below. 1. This Court, and all public offices, is defined ; under FRCP Rule 4(j) as a FOREIGN STATE; and as defined under TITLE 28 — JUDICIARY : AND JUDICIAL PROCEDURE. The Sovereign Immunities Act (FSIA) of 1976 is a United . . States law, codified at Title 28 § 1330, , . 1332, 1391, 1441(d) and 1602-1611, and is being jurisdictionally challenged, and “full disclosure” of the “true” jurisdiction of this Court has been asked but has stayed “silent”? . 2. Any failure to disclose the true jurisdiction is a violation of 15 Statutes at Large. For this was ii passed to remove the people of the United States of America from the federal citizenship under the 14% amendment. Chapter 249 (Section I), enacted July 27, 1868? . | 3. It_is the court’s responsibility to prove it has subject matter jurisdiction, and where a jurisdiction arbitrarily claims the court has : jurisdiction, he is violating the defendant’s right to due process of the law. It is, in fact, the plaintiffs responsibility to prove, on the record that jurisdiction exists, and jurisdiction can be challenged at any time, even years later, and even collaterally, as in a private administrative process, as was done herein. It is the . . petitioner's right to challenge jurisdiction, and iii \ it is the duty to prove it exist. The respondent herein was given the . opportunity (multiple times) to the facts of jurisdiction on the administrative record, but , . was acquiesced by tacit procuration to the fact : that the constitutional and due _ process violations alleged by the petitioner did, in fact occur, and did, in fact, deprive the court of the subject_matter jurisdiction, which is now the record before the court? 4. That it is not the prosecutor's duty and obligation to provide ALL of the facts that establish the court’s jurisdiction, and place them upon the record even in a collateral attack against jurisdiction? . iv ; ; s

Docket Entries

2019-10-07
Petition DENIED.
2019-06-19
DISTRIBUTED for Conference of 10/1/2019.
2019-05-30
Waiver of right of respondent Texas to respond filed.
2018-09-13
Petition for a writ of certiorari filed. (Response due June 10, 2019)

Attorneys

Lewis-Jay Porter
Lewis-Jay Porter — Petitioner
Lewis-Jay Porter — Petitioner
Texas
Carrie GilcreaseNacogdoches County District Attorney's Office, Respondent
Carrie GilcreaseNacogdoches County District Attorney's Office, Respondent