1 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
2
Chris Walters, Vern and Barbara Deatherage
3 621 W Magnolia Union Gospel Mission
Stockton, CA 95303 1417 DeHarro
4 209-462-1607) Modesto, CA 95354
(209-529-8259)
5 Chris Walters, )
Plaintiff Pro se)
6 vs. ) Civil Misc 96 307 GEB
) Filed With Clerk Nov 19,1996
7 Vern Deatherage,) Dismissed by Judge Nov 22, 1996
Barbara Deatherage)
8 Michael Austin )
Defendants
9 COMPLAINT
10 NOW COMES THE PLAINTIFF PRO SE Chris Walters before the Honorable United
11 States District Court, Eastern District of California in this COMPLAINT to
12 wit:
13 1. JURISDICTION: Is found in Title 42 USC 1985 Conspiracy to interfere
14 with civil rights, Title 28 USC 1331 Federal Question et all......
15 2 CAUSE OF ACTION: Vern Deatherage, Barbara Deatherage, Michael Austin
16 acting under color of Title 26 USC 501c3 Exemption from tax, certain
17 corporations and Title 39 USC Postal matters empowered their own private
18 federal law and violated Chris Walters rights to freedom of speech,
19 separation of church state, and due process of law and violated Title 18
20 USC 1701 obstruction of mail generally.
21 3 RELIEF SOUGHT: Chris Walters Prays for Warrant of Arrest of
22 Principals, Award of Damages, and questions the Constitutionality of Title
23 26 USC 501C3 Exemption from tax certain corporation
24 Respectfully Submitted By
25
26 Chris Walters,
Plaintiff Pro Se
Page 1
1 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
2
Chris Walters, Vern and Barbara Deatherage
3 621 W Magnolia Union Gospel Mission
Stockton, CA 95303 1417 DeHarro
4 (209-462-1607) Modesto, CA 95354
(209-529-8259)
5 Chris Walters, )
Plaintiff Pro se )
6 vs. ) Civil Misc 96 307 GEB
)
7 Vern Deatherage,)
Barbara Deatherage)
8 Michael Austin )
Defendants
9
MEMORANDUM OF LAW IN SUPPORT OF COMPLAINT
10
11 NOW COMES THE PLAINTIFF PRO SE Chris Walters before the Honorable United
12 States District Court, Eastern District of California in this Memorandum
13 of Law in Support Of Complaint to Wit:
14 1 JURISDICTION: Jurisdiction is found Title 42 USC 1985 Conspiracy to
15 interfere with civil rights for causes involving violations of civil rights
16 and Title 42 USC 1988 Proceedings in vindication of civil rights involving
17 cases where common law is in question are actionable under US District
18 Courts pursuant to Title 28 USC 1331 Federal question.
19 2. The ability of the Court to prosecute violations of CRIMES is found
20 in civil rights causes is Title 42 USC 1987 Prosecution of violations of
21 certain laws.
21 3 Jurisdiction for claims in USDC for violation of due process are
22 found Constitutional Law 318, in criminal prosecutions in Constitutional
23 Law 256, 257 and in criminal proceedings in general is Constitutional Law
24 992.
25 4 USDC jurisdiction for claims involving the famous A Wall of Separation
26 or separation of church and states found in Everson v. Board of Ed of
1 Ewing T.P. NJ 1947, 67 S Ct. 504. 30 U.S.1 91 L ed. 711. Freedom of
2 Speech is Constitutional Law 90, and 539.
3 5 Title 18 USC 1701 Obstruction of mail generally, where Principal is
4 obstructing A passage of the mail@ can be prosecuted as cited in U.S. v
5 Johnson C.A. NC 1980, 620 F.2d 413, US v. Lavin C.A. PA 1977 567, F2d 579
6 or US v. Hall D.C. Fla 1980, 507 F Supp 242.
7 6 CAUSE OF ACTION: Plaintiff Exhibit 2 and Exhibit 3 demonstrate the
8 long standing motive for actors in Modesto, California to write,
9 implement, and empower their own federal laws and conspire to violate
10 Title 18 USC 371 Conspiracy to defraud US by attempting to defeat and
11 impede Act of Congress.
12 7 Prior to October 23rd, 1996 Principals Vern Deatherage and Barbara
13 Deatherage and other third parties acting under color of Title 26 USC
14 501C3 aka non profits wrote, and installed, and empowered their own
15 federal postal law to replace the Act of Congress Title 39 USC Postal
16 Matters at the Union Gospel Mission at 1417 DeHarro, in Modesto, California
17 95354 and conspired to violate Title 18 USC 1701 Obstruction of mail
18 generally.
16 8 On or About October 23rd, 1996 Principals Vern Deatherage and
17 Barbara Deatherage and other John Doe parties refused to deliver
18 Exhibit 1 addressed Chris Walters 1417 DeHarro in Modesto, CA which is
19 from United States District Court in Nevada presumably Walters v. Freeh 892
20 CVS HRM (LRL) in violation of Chris Walters rights to freedom of speech,
21 and whatever due process of law the Court had afforded and violated Title
22 18 USC 1701 Obstruction of mail generally.
23 9 Chris Walters wrote letters to Vern Deatherage and US Postmaster
24 Michael Austin which are Exhibits 4 and 5 to release the US Mail, or come
25 up with fair and equitable means of delivery of mail or face prosecution
26 which was filed in USDC
1 NV as Petition Warrant Arrest of Postmaster et all, Obstruction of Court
2 Process which is known as Exhibit 6 for violation of Title 18 USC 401
3 Contempt.
4 10 Chris Walters having afforded every reasonable opportunity for the
5 Principals to desist from violation of his civil rights has left Modesto,
6 CA to file this Action to charge Principals with violation of Title 42 USC
7 1985 Conspiracy to interfere with civil rights on or about November 5th,
8 1986 to file this Complaint to seek relief.
9 11 RELIEF SOUGHT: Chris Walter Prays for Warrants for Arrest of the
10 Principals under Title 18 USC 1987 Prosecution of certain violations of
11 law; questions the constitutionality of Title 26 USC 501C3 and seeks Award
12 of Damages from the Principals in excess of One Hundred Thousand Dollars
13 per violation of rights.
14 12 Exhibit 7 Chris Walters has notified the Honorable US Senator Orrin
15 Hatch that the constitutionality of this Act of Congress has been drawn
16 into question.
17 Discussion of Motive For Federal Crime
18 The Corpus Rectum; excuse me the Corpus Justus is a group reported to
reside in or near Modesto, California who according to the reports in
19 Modesto Bee Newspaper are members of churches who believe they have the
right to write, implement, and empower their own federal laws; who have
20 been indicted and arrested for beating a Stanislaus County Clerk
who failed to recognize their legal claims. Interestingly enough there are
21 in fact a large number of parties in Modesto, Ca who believe they have the
God given right to institute their own federal laws.
22
Plaintiff Exhibit 2 is a letter from US Department of Agriculture addressed
23 to Congressman Coelho in reply to inquiry from Chris Walters concerning an
action by County Supervisor Dan Terry to write, implement, and operate
24 Stanislaus Countys own version of Title 7 USC 2011 Food stamps. Needless
to say Stanislaus County is as far as known today vending food
25 stamps according to federal guidelines.
26
1 Plaintiff Exhibit 3 is a letter from US Senate Intelligence Committee
replying to Chris Walters concerning a proposal by a Turlock resident to
2 various persons waiting to receive services at the Rescue Mission at 1417
DeHarro to join a revolution to overthrow the United States and attack
3 Homestead AFB, in Florida. The revolution didn't make it past it's
conspiracy on the property of this 50183 before coming afoul of the
4 government.
5 Exhibit 3 inquiry to USDA about policies on USDA commodities program in
1987 received a public threat from Assistant Mission Director David
6 Ferguson delivered during a services at this 50183 at 1417 DeHarro, in
Modesto, CA before living witnesses who can be called upon to testify.
7 Asst. Director Ferguson eventually delivered a letter to Chris Walters
from US Attorney Los Angeles and found employment elsewhere.
8
9 The motivation of these and similar plots which occur in Modesto is that
Principals develop a A moral imperative usually based on their religious
10 or political beliefs to act:
11 1. Violate existing federal laws which Congress has entitled Title 18
USC 372 Conspiracy to defraud US as precedent US v. Hammerschmidt
12 concerning parties who seek to impede, defeat, or otherwise deflect
federal laws.
13
14 2. Construct their own federal law based on their own moral imperative.
15 3. Implement their own federal law and to act or conspire to violate
the existing federal law and violate civil rights of others in the
16 process.
17 The animus of the conspiracy by the parties who reside in Modesto, CA
before the US District Court is to write, establish, and implement their
18 own federal law or postal code while acting under color of Title 26 USC
501C3. That churches cannot write federal law is prima facia as
19 governments lack of right to institute religion and a fundamental
challenge to separation of church and state.
20
Discussion on Cause of Acton, Method, and Opportunity
21
Exhibit 1 Chris Walters filed Walters v. Freeh in Amicus Curia to ask
22 Director Louis Freeh of the FBI to correct some errors on the NCIC which
have denied Chris Walters due process of law as permitted by McKnight v.
23 Webster and was filed in USDC, Nevada CVS 892 the Honorable Howard
McKibben presiding.
24
25 Chris Walters has been a resident of the Union Gospel Mission at 1417
Deharro in Modesto, CA (209-529-8259) on an occasional basis since 1985 and
26 Chris Walters relatives have resided in Stanislaus County since 1940.
1 Chris Walters is known for almost 10 years by name and sight to many of the
Mission Staff and Director Vern and his wife Barbara Deatherage since about
2 1989. The Union Gospel Mission is a non profit agency 501C3 which
offers religious services, clothing, meals, lodging, and other services
3 including mail, messages, accepts food stamps, social security checks, and
other mail items for hundreds of persons.
4
On or about 9 Am on October 23rd, 1996 Chris Walters visited the Union
5 Gospel Mission at 1417 DeHarro and went to the office to pick up his mail.
A John Doe person aka known as Kevin who works at the Mission showed Chris
6 Walters a letter for him from the United States District Court in Nevada
which is believed to be Court Process, instructions, or other time
7 materials from Walters v. Freeh. John Doe asked Chris Walters for his
identification at which time Chris Walters presented Florida State
8 Identification Card W436-101-50-377-0 issued on 2-18-94 at Tallahassee,
Florida by Florida Department of Motor Vehicles. The actor Kevin explained
9 that only persons with California State Identification Cards could pick up
mail and suggested Chris Walters get one. Unfortunately, Chris Walters
10 Birth Certificate has already been reported stole to postal authorities.
11 At this time Barbara Deatherage, the office manager Mel (A self professed
convicted felon) and Director Vern Deatherage appeared. Barbara Deatherage
12 explained to Chris Walters that he could not pick up his mail without a
California State Identification Card.
13
Chris Walters left the property and returned with a letter addressed to US
14 Postmaster Michael Austin delivered to Main Post Office on Kearney Road in
Modesto, CA and another letter addressed to Director Vern Deatherage which
15 are Plaintiffs Exhibits 4 and 5. The letters which requested some
reasonable alternatives such as general delivery or alternate delivery of
16 mail in question made on October 23 and 24th have been ignored by
both the US Postmaster, Vern Deatherage, and apparently US Postal Inspector
17 Service in Oakland.
18 Exhibit 6 Petition to Warrant Arrest Postmaster et all Obstruction of
Court Process charging both US Postmaster Michael Austin and Vern
19 Deatherage with violation of Title 18 USC 401 Contempt was filed with USDC,
Nevada and notification given to US Senate Judiciary Committee that the
20 actions of the Principals have drawn into question the Constitutionality
of Title 26 USC 501C3 has been made. Title 18 USC 1701 Obstruction of
21 mail generally makes it a CRIME to obstruct the Apassage of the mail@ as
cited in US. V Johnson, US v. Lavin, and US v. Hall.
22
23 There is of course no provision of Title 26 USC 501C3 which provides for
non profit agencies or churches to write, implement, or institute their own
24 US Postal Codes or other Federal laws. There is however a clear separation
of church and state which prohibits churches to write and empower law and
25 government to institute religion. There is also a very clear
constitutional guideline that state and federal government
26 will not refuse to honor legal instruments which are issued other states.
1 Discussion on Constitutionality of Title 26 USC 501c3
2. Congress seeing the potential for abuse by non profit agencies wisely
inserted a means for evoking non profit status for any non profit agency
3 which might engage in partisan political activities. Congress nor anyone
else could envision that non profits might elect to use their status to
4 write, implement, and empower their own federal laws and attempt to
establish governance, legal guardianship, or decide for instance what type
5 of state identification a casual visitor might have and did not build in
such protection into the Act of Congress Title 26 USC 50183 aka non profit
6 agencies.
7 Constitutional Law relating to AWall of separation of church and state are
represented by such precedents as Everson and Board of Ed of Ewig. T.P.
8 N.J.. which prevent non profit agencies and churches from writing their
own federal law. Constitutional Laws 256, 257, and 992 guarantee Chris
9 Walters the right to participate in a US District Court proceeding
to seek due process of law as guaranteed by the 5th Amendment. Chris
10 Walters has a clear right to freedom of speech is guaranteed under
Constitutional Law 90 and 539 Free Speech.. Chris Walters rights can only
11 be stripped in a Court of Law. Even condemned prisoners awaiting execution
on death row are guaranteed right to receive mail and due process of
12 law.
13 Congress didn't authorize Title 26 USC 501c3 to empower non profit
agencies, churches, or others to write, empower, and implement their own
14 federal laws nor to obstruct, defeat, impede any Act of Congress as cited
in Title 18 USC 372 Conspiracy to defraud US.
15
Discussion on Basis for Relief
16 The United States District Court needs to send a clear and long overdue
message back to Modesto, California that persons living there will obey the
17 laws of the United States:
18 1 If Principals use non profit agencies for criminal purposes they
can and will be arrested and tried in Court of Law.
19
20 2. If Principals conspire to violate civil rights of others using their
non profit status they can reasonably expect the Court to Award
21 Damages in excess of One Hundred Thousand Dollars per act.
22 3. If non profit agencies plan on misusing their charity privilege set
up by Congress their 501C3 can be taken away or Title 26 USC 501C3
23 can be declared unconstitutional and sent back to Congress to add
additional protection against such abuses.
24
25 4. Exhibit 7 has given fair and adequate Notice to US Senate Judiciary
Committee that the constitutionality of Act of Congress has been
26 drawn into question.
Respectfully Submitted
By Chris Walters
1 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
2
Chris Walters, Vern and Barbara Deatherage
3 621 W Magnolia Union Gospel Mission
Stockton, CA 95303 1417 DeHarro
4 (209-462-1607) Modesto, CA 95354
(209-529-8259)
5 Chris Walters, )
Plaintiff Pro se )
6 vs. ) Civil Misc 96 307 GEB
)
7 Vern Deatherage, )
Barbara Deatherage )
8 Michael Austin )
Defendants
10
11 Plaintiff Exhibits
12 1. Exhibit 1: Complaint from Walters v. Freeh USDC NV 86 CVS892 HRM
13 2. Exhibit 2: Letter from United States Department of Agriculture,
14 Office of Secretary dated 10-8-1987 to Congressman Tony Coelho.
15 3. Exhibit 3: Letter from United States Senator Bill Bradley,
16 June 22nd, 1990
17 4 Exhibit 4: Letter to US Postmaster Michael Austin, October
23rd, 1996.
18 5. Exhibit 5: Letter to Director Vern Deatherage, October 23rd,
1996.
19 6 Exhibit 6: Petition for Warrant Arrest Postmaster et all.
USDC NV under Title 18 USC 401 Contempt.
20
21 7 Exhibit 7: Notice of Joiner to US Senate Committee on
Judiciary from US District Court, Nevada.
21
22
23
24
25
26
Page 7
Plaintiff Exhibit 2
1 UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
2
3 Chris Walters Director Louis J Freeh
Plaintiff Pro Se FBI
4 1417 De Harro Defendant
Modesto, CA 95354 935 Pennsylvania Ave, NW
5 (209-529-8259) Washington, D.C. 20535-0001
(202-324-3000)
6 Chris Walters, )
Plaintiff )
7 )
vs. ) Civil # CVS-892HDM (LRL)
8 ) Honorable Howard McKibben Presides
) Magistrate Lawrence r. Leavitt
9 Louis J Freeh )
Defendant )
10
PETITION WARRANT FOR ARREST
11 US POSTMASTER ET ALL FOR OBSTRUCTION COURT PROCESS
12 NOW COMES THE Plaintiff Pro Se Chris Walters to move the Honorable
13 United States District Court pursuant to Title 18 USC 401 Contempt,
14 Title 18 USCS 1985 Conspiracy against civil rights and Title 18 USCS
15 1987 Prosecution of violations of certain laws to move the US District
16 Court to issue a Warrant for the Arrest of the Principal US Postmaster
17 Michael Austin at Modesto, California and Principal Vern Deatherage and
18 Principal John Doe for Obstruction of Court Process and other relief for:
19 1. Obstruction the US mail and Court Process addressed to Chris Walters
20 at 1417 Deharro, Modesto, CA 95354 the known circumstances of these
21 actions suggest a Conspiracy actionable under Title 42 USCS 1985
22 which is being joined and fair and equitable relief is sought.
23 As explained more fully in Attached Memorandum of Law.
24 Respectfully Submitted By
25 Chris Walters
1417 DeHarro
26 Modesto, Ca 95354
(209-529-8259)