Judicial Misconduct Complaint 4th US Circuit

Questions Addressed Too 4th US
Circuit Court of Appeals

 
Addressed Too: Chief Judge
United States Court of Appeals
Fourth Circuit
501 U.S. Courthouse Annex
1100 East Main Street
Richmond, VA 23219
(804) 916-2700

Question of Judicial Misconduct or Disability
of Judges et all In United States District Court,
Winston Salem, NC
Your Honor:

A question of Judicial Misconduct or disability of Judges et all is tendered pursuant to Title 18 USC 4 Misprison the felony concerning disability concerning Judges or Officers of the Court permitting:

1. Question of negiligence on part of USDAfor failing address defect in construction in Title 7 USC 2011 Food stamps which empowers private citizens and minor County Administrive personnel to vend, dispense, and pratice federal criminal law a pratice already declared unconstitutional

2. Question of persons not authorized to Pratice in Title 18 CRIMES Has negiligence on part of Offices of USDC too empowered Ms. Penny and Ms. Custer social workers for Forsyth County to vend, dispense, and pratice federal criminal law in a time, place, and manner not authorized by the US Code Service?

3. Question of Miranda Warnings Has negiligence on part of Officers of USDC empowered Ms. Penny and Ms. Custer social workers for Forsyth County to Mirandize food stamp applicants and violate their 5th Amendment rights by referring them to unqualified legal counsel?

4. Question of "interstate investigation" Has negiligence on the part of Officers of the USDC empowered Ms. Penny and Ms. Custer social workers for Forsyth County to further represent themselves as special prosecutors or other officers of the court empowered to engage in an interstate investigation.

5. Question of violation of Title 18 USC 402 Contempt Has negiligence on the part of Officers of the USDC empowered Ms. Penny a social worker of Forsyth County to attempt to setaide the finding of US District Court Judge Sam Sparks of WDT of Texas and tamper with offical finding of Social Security Administration in violation of Title 18 USC 1505?

6. Question of violation of Federal Rules of Appellate Procedure Has negiligence on the part of Officers of the USDC empowered Ms. Penny social worker for Forsyth County, to retaliate against applicant Chris Walters by setting aside his 55 medical and doctors statement; 5 or 6 state disability findings; and the finding of the Social Security Administration because she was "mad" and sought too retaliate because she could no longer play federal law?

7. Question of Contempt of Congress Did other agents, officers, and represenatives of Forsyth County subsequently stalk, harass, and attempt to block and obstruct internet archives related to the questions before the US Congress?

8. Question of Disability of Judges...Does the 4th US Circuit Court of Appeals believe that a disability of Judges and Officers of US District Court exist in the District of North Carolina which requires intervention by the Court?

Appellant Pro Se
Chris Walters
PO Box 142
San Antonio,TX  78205

Certificate of Service

In the interest of fairness and equity the Appellant has delivered a facimilie or draft copy of the foregoing document to the United States Attorney at 251 N Main , Winston Salem, North Carolina on or about 12:40 PM on 10-12-2001 pursuant to Title 4 USC Misprison the felony and as a citation of authority pursuant too Title 1 Sec. 204. Codes and Supplements as evidence of the laws of United States as explained more fully in the Attached Amicus Curiea Brief:

Before the 4th US
Circuit Court of Appeals

Amicus Curiea Brief In Support of Questions


Now Comes the Appellant Pro Se Chris Walters before the Honorable 4th United States Circuit Court of Appeals in this Amicus Curiea Brief in support of Questions of Judicial Misconduct addressed tothe Chief Judge pursuant too:

Jurisdictional Authority


1. Title 18 USC 4 Misprison the felonycompels the Plaintiff Chris Walters to report to an officer or represenative of the United States a possible violation of Title 18 CRIMES where is made here in to the Chief Judge of the 4th United States Circuit Court of Appeals pursuant also too:

2. Title 18 USC 1505 Obstruction of proceedings before departments, agencies, and committees by attempting to set aside or challenge the offical finding of the Social Security Administration.

3. Title 28 USC 372 A question of judicial misconduct or disability concerning Judges or Officers of the Court is heard by the Chief Judge of the US Circuit Court of Appeals

4. Title 28 USC Sec. 134 Tenure and residence of district According to the United States Codes the right to pratice,dispense, or pratice federal law includes various United States Judges and expands:

5. Title 28 USC 626 Jurisdiction, powers, and temporary assignment United States Magistrates also pratice, vend, and dispense or pratice both federal civil and criminal law in the United States District Courts and prosecution of laws is empowered pursuant too:

6. Title 28 USC Sec. 541. United States attorneys members of the US Department of Justice in the preformance of their offical duties; members of the federal bar enforce and pratice:

7. Title 18 Crimes being more demanding is typically praticed by "Federal Prosecutors" Agents of the Federal Bureau of Investigations; US marshals; some specialized members of the Federal Bar and at the discretion of the Courts:

8. Title 28 USC Sec. 1654 Appearance personally or by counsel at a matter of discretion of the Court

9. Title 18 USC 402 Contempt is a federal statute providing for prosecution of persons engaged in "misconduct" in or near the court.

10. Title 28 USC Sec. 132 Creation and composition of district courts Defines where federal law is praticed;typically praticed in a United States District Courthouse before an "officer of the Court" and some minor administrative law might be praticed for instance in the office of a member of the federal bar.

11. Legal notices regarding federal law or anything cited under color of law are typcially issued under color of a seal of the authority issuing the decree or citing the regulation are issued pursuant too Title 1 Sec. 204. Codes and Supplements as evidence of the laws of United States.

12. Title 7 USC 2011 Food Stamps: is a program operated by the Food and Nutrition Service in the United States Department of Agriculture; vended through the various states; as cited "The United States Congress enacted the Food Stamp Act "It is declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation's population by raising levels of nutrition among low-income households. "


United States District Court Western
District of Texas@ San Antonio


	Irma Villarreal et al	)
		Plaintiffs	)
				)
			vs.	)	Cause NO SA-89-CA-1214
				)	Honoralbe Judge H.F. Garcia
		Rob Mosbacher	)	Consent Order Signed	
		Defendant	)	June 14, 1991


Irma Villa V Rob Mosbacher: United States District Court, Western District of Texas Civil SA-89-CA 1214 at San Antonio,TX. In an action at law brought under Title 42 USC 1983 the The Honorable Garcia ruled that the requirement food stamp applicants produce "collateral statements" was unconstitutional and violated the due process and equal protection clause of the 14th Amendment because it requires the applicant to secure a written statement from a 3rd party over whom they have no means of control. The Court placed the Texas Department of Human Services into the Court's control for 10 years through 1999 to ensure compliance.


Texas Department of Human Services 			Honorable H.F. Garcia
701 W. 51st Street · Austin, Texas 78751		U.S. District Court Judge
P.O. Box 149030 · Austin, Texas 78714-9030		655 East Durango Blvd
(888) 834-7406 · 					San Antonio,TX 78206
(888) 425-6889 (TDD)					(210 472-6575
lonnie.duke@dhs.state.tx.usLegal Counsel		Courtroom Deputy:  Ms. Judy Dietrich 
							(210) 472-6550, ext. 300



14. The 5th Amendent to the United States Constitution provides for protection of citizens right to due process and equal protection of the law even under the 14th Amendment is guaranteed by the United States Supreme Court:


"Fundamental request of due process is opportunity to be heard
at a meaningful time and in meaningful manner. Matthews v. Eldridge
VA 1976 96 S.Ct 893, 424 US 319. 47 L.Ed.2d.18


The absolute fundamentals of due process of law;
are jurisdiction, adequate notice, and a fair hearing US v Certain
Parcels of Land in Price George County Md.D.C. Md 1941, 40 F Supp 436

Fair Play is the essence of due process Galveston vs.Press Ca1954, 74S Ct 737,347 U.S. 522.98 Led.911

Cause of Action


The questions presented to the Chief Judge of the 4th United States Court of Appeals ask if persons not authorized by the Courts are vending, dispensing, and praticing in both Title 28 Judiciaryand Title 18 CRIMES due partly to faulty construction and administration of Title 7 USC 2011 food stamps and negligence on the part of Officers of the United States District Court at Winston Salem, NC:

1. Mrs Custer and Ms. Penny are employees of the Forsyth County Department of Social Services who duties under color of Title 7 USC 2011 food stampsinclude processing of food stamp and medicare claims.

2. During the course of applications for both food stamps and and Medicade Ms. Custer and Ms. Penny process applications from Chris Walters for food stamps and medicade on forms apparently provided by the State of North Carolina

Question of Negilgence on
Part of US Department of Agriculture


1 Acting under color of existing regulations from US Department of Agriculture and Title 7 USC 2011 food stamps and the State of North Carolina Ms. Custer and Ms.Penny began to vend, dispense, and pratice Title 18federal criminal law with Chris Walters during the process of completing the food stamp application.

2. A possible flaw in the construction and administration of Title 7 USC 2011 food stamps appears to empower both Ms Custer and Ms. Penny as defacto "Officers of the US District Court" where US Department of Agriculture failed to notify the State of North Carolina that the process they were using was already ruled unconstitutional pursuant to Title 7 USC 2014b Uniform National Standards?

3. Irma Villa V Mosbacher: United States District Court, Western District of Texas Civil 89(880? Sa 1214 at San Antonio,TX. In an action at law brought under Title 42 USC 1983 the The Honorable Judge Garza ruled that the requirement food stamp applicants produce "collateral statements" was unconstitutional and violated the due process and equal protection clause of the 14th Amendment because it requires the applicant to secure a written statement from a 3rd party over whom they have no means of control. The Court placed the Texas Department of Human Services into the Court's control for 10 years to ensure compliance.


Exhibit A Reply From USDA



Date:		Wed, 24 Oct 2001 09:18:11 -0400 
From:  		"Waldron, Patrick" 
		patrick.waldron@fns.usda.gov
Subject:  	RE: Question for Secretary of USDA 
To:  		legalcounsel@eudoramail.com
   
Dear Mr. Walters:

We have forwarded your message to our Office of General Counsel for review.

From: 		Legal Counsel 
		mailto:legalcounsel@eudoramail.com
Sent: 		Tuesday, October 23, 2001 5:41 PM
To: 		fsphq-web@fns.usda.gov
Subject: 	Question for Secretary of USDA

We have encountered a question of a defect in the food stamp program in which food stamp workers in North Carolina appear to process food stamp cases by vending, dispensing, and praticing federal criminal law Title 18 Crimes apparently unaware the process was declared unconstitutional by a USDC in Texas in 1988. A courtsey brief has been delivered to the United States Attorney in Winston Salem, NC which is styled as a technical question of Chief Judge 4th US Circuit:

With Kindest Regards

Question of Unauthorized Persons
Praticing in Title 18 CRIMES

1. The current and accepted pratice of Title 7 USC 2011 food stamps is that the Ms. Custer and Ms. Penny are to read the food stamp applicant his "legal rights" a Miranda type warning including alleged extensive penalities for criminal violations which apparently refer to Title 18 Crimes for possible program violations of up to 20 years.....

2. Title 28 USC 1331 Federal questionA question as to the constitutionality of Title 7 USC 2011 food stamps involving false arrest, due process and equal protection guarantees by the 5th Amendment immediately comes into question as to wheather either Ms.Custer or Ms. Penny have been somehow empowered to act in the same capacity as Special Officers of the US Department of Justice?


3. Have the Officers of the United States District Court erred in permiting Title 7 USC 2011 food stamps to appoint mere case workers in Forsyth County to act as "Defacto Officers of the Court" and attempt to issue Miranda Warnings to other private citiziens in possible violation of Title 18 USC 402 Contempt?

4. Have Officers of the United States District Court erred in permitting federal civil and criminal law to be praticed in a place not designated as a federal courthouse a possible violation of Title 18 USC 402 Contempt?

5. Have Officers of the United States District Court and US Department of Agriculture erred in permitting Forsyth County or North Carolina to produce their own legal notice since all instrumentalities of law must have the seal of Federal Authority issuing a Notice, the name of the issuing party and particular statutes being cited.

Question of Violation
of Miranda Warnings

1. It appears for instance that the current food stamp application in use is rather vague and simply attempts to mumble some vague information in reference to Title 18 CRIMES but neglect to mention for instanceTitle 18 USC 371 Conspiracy to defraud the US nor does it display the Seal of US Department of Justice as required by law.

2. Title 28 USC 1331 Federal question A question as to the constitutionality of Title 7 USC 2011 Food stamps occurs where by the due process and equal protection of the law are bypassed where State or County simply manufactured their own "legal notice".

3. Having vended, dispensed, and praticed federal criminal law with the Chris Walters; both Mrs. Custer and Mrs. Penny asked if Chris Walters understood his"rights" and advised him if he did not he could seek legal counsel from the "Legal Aid Society" and Chris Walters signed the application for food stamps that he understood his rights

4. If Chris Walters however did not understand his rights fully Ms. Custer and Ms. Penny acting in their role as "Officers of the Court" have substituted adequate legal counsel by a member of the Federal Bar with the "Legal Aid Society" which we are given to understand does not pratice federal criminal law or appear in any criminal proceeding an obvious challenge to US Supreme Court rulings such as Miranda.

5. Have Officers of the United States District Court again erred by permitting Ms. Custer and Ms. Penny to essentially complete an arrest process and begin an interrogation in possible violation of Impersonator making arrest or search ?

6. Title 28 USC 1331 Federal question A question of constitutionality of Title 7 USC 2011 food stamps occurs here where the construction and administration of the food stamp law requires mere citizens to vend, dispense, and pratice federal criminal law in violation of both the US Codes and the equal protection and due process clause of the 5th and 14th Amendments.

Appellant's Reply Too
North Carolina State's Interrogatory

 

Addressed Too:
Mrs. Custer Worker 268			Kathy Penny	
Forsyth County 				Medicaid Caseworker
Department of Social Services		Department of Social Services
PO Box 999				PO Box 999
Winston-Salem, NC 27101			Winston-Salem, NC 27101
(727-2824)				(727-8331)

Dear Mrs Custer:
Dear Mrs Penny:


Thanks you for your inquiry on behalf of Forsyth County Department of Social Services and the State of North Carolina in processing my claim for food stamp benefits and medicare benefits pursuant to USDA regulations in Title USC 2011 food stamps. In the course of your my interviews I was instructed too secure additional disability statements and reapply for Social Security or SSI in the near future. I will briefly attempt to outline why these activities are prohibitied by Order of a United States District Court as cited pursuant too Title 1 Sec. 204. Codes and Supplements as evidence of the laws of United States

1. Exhibit A: Proof of Service on questions addressed too the US Senate and House Judiciary Committees cited 55 or more medical or doctors statements found at https://www.angelfire.com/id2/ssireform/index15.htm including disability statements or findings made in or by Florida State, Arizona, Washington State, and twice by Texas since 1997.

2. When applying for SSI I inquired why medical records appeared to be missing from the proceedings and the Social Security Inspector General David Williams explained in USDC Western District of Texas @ San Antonio Civil #SA-97-CA-1313 by and through US Attorney Gary Anderson too the Honorable USDC Judge Fred Biery. The Social Security Administration states it has the legal right to throw away medical records if it so wished because it is "soverign and immune" and can violate the law whenever it wished. The legal question was ended by requiring me to appear at a Social Security hearing held in Stockton, California to "make sure the hearing was held so far away I could not attend".

3. In Walter v. Social Security Commissioner Apfel filed USDC, WDT @ Austin, Texas Case A:99CA015622 I had asked the Honorable USDC Judge Sam Sparks if the Social Security Administration had the right to throw away medical records and disability determinations by states and require Chris Walters to appear in hearings thousands of miles from his residence. After consideration the Court accepted the SSI legal position that applicants do not have any right to the due process and equal protection of the law in SSI hearing until they reach the appellate level of a US District Court. The person holding my mail at the time explained that he received threatening phone calls from the Judge and decided to block delivery of Courts Order for 6 months to prevent a timely appeal.....

4. The question as to wheather I will choose to reapply for Social Security disability benefits is not a matter of legal obligation to the State of North Carolina State but a matter of my discretion acting only when adequately represented by adequate legal counsel.

Scope and Effect of the Law
As you might gather the United States has to date successfully defended 2 legal precedent that it is not entitled to Chris Walters medical records or disability statements. Because I couldn't understand exactly how you or other persons are supposed to preform your duties without medical records or disability statements and not wishing to question the constitutionality of the Social Security laws; I removed the matters to the US Senate and US House Judiciary Committees pursuant too Title 2 USC Sec. 190d. Legislative review by standing committees. These questions along with other matters were removed in a timely and law manner through US Circuits to Congress where they currently reside.

Unfortunatley, the finding and ruling of a United States District Court is final, absolute, and legally binding on everyone in the United States and it the law of the land as cited pursuant too Title 1 Sec. 204. Codes and Supplements as evidence of the laws of United States. As much as I might agree with your departments request the potential criminal penalities for obstructing a Department or Federal Court Order can be quite severe:

1. Tampering with or obstruction of federal court Orders is a violation of Title 18 CRIMES actionable under Title 18 USC 402 Contempt;

2. Tampering with proceedings before Departments of Congress is a violation of Title 18 CRIMES actionable under Title 18 USC Sec. 1505. Obstruction of proceedings before departments, agencies, and committees ;

3. Tampering with or in some wise joining US Appellate proceedings is a violation of several federal codes including Title 28 USC 372 Sec. 372. Retirement for disability; substitute judge on failure to retire; judicial discipline....:

I am not permitted to reply to your office any further regarding any of the matters outlined above and if your Department has any questions you should address them in writting too:


US Attorney			US Magistrate
US Department of Justice	United States District Court
200 W Broad St			251 N Main St
Statesville, NC 28677		Winston Salem, NC 27101
(704) 872-0043			(336-631-5007

Thanks for your consideration 
and patience:

Prepared By
Chris Walters, Appellant Pro Se
Food Stamp Claim 946371012
Medicaid 161526/169
PO Box 999
Winston, Salem, NC 27102-099

Certificate of Service
I the Appellant Pro Se Christopher A. Walters do state and affirm that a true and correct copy of the foregoing document and attached exhibit was delivered October 8th, 2001 about 1:10 PM too the Department of Social Services addressed too:


Mrs. Custer Worker 268			
Forsyth County 				
Department of Social Services		
PO Box 999				
Winston-Salem, NC 27101			
(727-2824)				

By _________________________Appellant 
Pro Se date 2001

Removed Too:
U.S. Senate                 		US House of Represenatives
Judiciary, Select Sub			Judiciary Committee	
Committee on Intelligence		Ways and Means
Washington, D.C. 20510-6275             Washington,D.C.  20515


Removed From US Circuit Court of Appeals
9th,11th Circuits, & DC


Chris Walters          	)
Appellant Pro Se        )
			)       Civil Case 99-CV-668JR
			)       Judge Roberston Presiding
vs.                     )       USDC,DC       
			)
			)       Civil Case Number A- 99-CV-0156SS
Kenneth Apfel          	)       Judge Sam Sparks USDC,WDT
Commissioner          	)       Dismissed
of Social Security      )       
Appellee


Appellant Motion To Strike
North Carolina State's 3rd Party Joinder

 
Addressed Too:
The Honorable Benjamin J White
United States Attorney
251 North Main St, Ste 505
Winston, Salem 27101
(336) 336-5268

Dear United States Attorney Benjamin J White:
1. Appellant's Exhibit A: I have appended a reply too a request from Forsyth County Department of Social Services & North Carolina pursuant too Title 1 Sec. 204. Codes and Supplements as evidence of the laws of United States which would violate a rather obscure and unique existing USDC Order in the course of processing a food stamp/medicaid request.

2. Appellant's Exhibit B: The matters and questions have been removed from US Circuit Courts to US House and Senate Judiciary Committees pursuant too Title 2 USC Sec. 190d. Legislative review by standing where they reside and there is no provision of law for 3rd party joinders before US Circuit Courts of Appeals or before Congress.

3. Any pleadings, documents, or other matters in appeal are appropriately submitted in written form by Appellee's Counsel the United States Attorney General or Congressional Counsel in a timely manner too: 
Appellant Pro Se
Chris Walters
PO Box 142
San Antonio,TX  78205



Date:		Wed, 24 Oct 2001 09:18:11 -0400 
From:  		"Waldron, Patrick" 
		patrick.waldron@fns.usda.gov
Subject:  	RE: Question for Secretary of USDA 
To:  		legalcounsel@eudoramail.com
   
Dear Mr. Walters:

We have forwarded your message to our Office of General Counsel for review.

		-----Original Message-----
From: 		Legal Counsel 
		mailto:legalcounsel@eudoramail.com
Sent: 		Tuesday, October 23, 2001 5:41 PM
To: 		fsphq-web@fns.usda.gov
Subject: 	Question for Secretary of USDA

Hello:

We have encountered a question of a defect in the food stamp program in which food stamp workers in North Carolina appear to process food stamp cases by vending, dispensing, and praticing federal criminal law Title 18 Crimes apparently unaware the process was declared unconstitutional by a USDC in Texas in 1988. A courtsey brief has been delivered to the United States Attorney in Winston Salem, NC which is styled as a technical question of Chief Judge 4th US Circuit: