Barry J. Smith v. Community Care Inc., et al.
1. Is the first question to be answered by both the
district courts and the courts of appeals, when a civil
complaint is presented to them, whether they have
subject-matter jurisdiction, and when the answer is
NO, does either court have judicial authority to reach
the merits of the case and to grant any motion other
than pursuant to Fed. R. Civ. P. 12(h)(3) Lack of Subject-
Matter jurisdiction?
2. Is petitioner, who is a born in America Four
teenth Amendment citizen, who has been convicted of
a crime and sentenced to a Thirteenth Amendment
punishment of public/government enslavement, upon
payment in full of that judicially pronounced debt to
American society, restored to his status of Fourteenth
Amendment citizenship, which guarantees to him equal
protection of the law?
3. Do the due process of law clauses of the Fifth and
Fourteenth Amendments allow the federal judiciary
to bar petitioner out of federal civil court based solely
on his ethnicity, "Black descendant of American slaves ",
and his race, "American Negro "?
Is the district court required to determine subject-matter jurisdiction before reaching the merits?