No. 23-7279

Charles K. Wallace v. Louisiana

Lower Court: Fifth Circuit
Docketed: 2024-04-19
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: authentication civil-procedure civil-rights constitutional-rights due-process federal-court-filings fraud habeas-corpus jury-trial standing subject-matter-jurisdiction
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (from Petition)

1. IS THE U.S.DEPARTMENT OF JUSTICE UNDER A DUTY TO
ENFORCE ACCURATE FEDERAL COURT FILINGS THEREIN
FEDERAL DISTRICT COURTS TO COMPLY WITH 18 U.S.C.
§1028 TO!'AVOID FRAUD AND UNAUTHENTIC INFORMATION?

2. DO STATE COURT PROCEEDINGS AXIOMATICALLY REMOVE
TO FEDERAL DISTRICT COURT WHEREIN CASE IS PENDING
WHEN STATE IS DIVESTED SUBJECT MATTER JURISDICTION
OVER DIVERSE CITIZEN BY NO RIGHT TO TRIAL BY JURY.

3. WHEN FACTS ARE ASSERTED ON DIRECT APPEAL AND NEVER
REBUTTED BY RESPONDENT-APPELLEE STATE OR THE APPEAL
PANEL DO THEY NOT BECOME CONCLUSIVE TO END CASE IN
FAVOR OF APPELLANT BY LAW?

4. CAN A STATE PRISONER ASSERT A SUBSTANTIVE CONSTITUTIONAL
RIGHT THAT HAS NEVER BEEN EXTINQUISHED BY WAIVER ON
OF RECORD FOR FIRST TIME AT ANYTIME?FACE

5. CAN THE LOWER DISTRICT COURT FILE A 28 U.S.C. §2254 ON
BEHALF OF A STATE PRISONER BINDING HIM UNDER 28 U.S.C.A.
§2244(b) (3) THOUGH NO SUCH AUTHENTIC PETITION :"CHARLES
K.WALLACE v. STATE OF LOUISIANA" EXISTS?

6. CAN THE LOWER COURT OF APPEALS UPHOLD A MISCONSTRUED 28
U.S.C.A.§§1455(c), 2241,2255 VALID PETITION AS A 28 U.S.C.
§2254 FICTITIOUS PETITION TO CIRCUMVENT VALID REMOVAL?

7. WHEN STATE CONSTITUTION AND STATUTES NULLIFY RIGHT TO
TRIAL BY JURY w/o'-'WHOLE^'NUMBER 'OF JURORS , AND DEFENDANT
ADJUDICATED GUILTY BY JUDGE WITHOUT WAIVERS OR PROCESS
OF RIGHT OF REMOVAL BY COUNSEL THE COURT OR STATE, CAN
ANY STATE PROCEEDINGS BE BUT NULL WHEREIN
CORPUS WAS GRANTED AND NO RECORD EXISTS PER CLERK
CONSTRUED AS CHALLENGE TO STATE CONVICTION WITHOUT AN
EVIDENTIARY HEARING BELOW IN DISTRICT COURT?A ' HABEAS' '■
BE

8. DO STATE CRIMINAL DEFENDANTS HAVE UNENUMERATED RIGHTS
UNDER THE U.S.CONSTITUTION,9TH AMENDMENT TO A UNANIMOUS '
JURY INSTRUCTION AND VERDICT UNABRIDGED BY STATES UNDER
U.S.CONSTITUTION,14TH AMENDMENT WITH/BY DUE PROCESS AND
EQUAL PROTECTION OF THE LAWS AND UNDER UNITED NATIONS
NATIONS UNIVERSAL DECLARATION OF HUMAN RIGHTS ARTICLES
1.through 21.

9. DOES THE FAILURE OF STATE COURT TO EXACT ANY WAIVERS OF
THE RIGHT OF REMOVAL FOR CAUSE ON FACE OF RECORD IN A
CRIMINAL CASE DESERVING,AXIOMATICALLY REMOVE PROCEEDINGS
BY FRAUD AND ILL WILL'RELATIVE TO CASE AGAINST ANY PERSON
WHO IS DENIED OR CANNOT ENFORCE IN THE

Question Presented (AI Summary)

Is the U.S. Department of Justice under a duty to enforce accurate federal court filings therein federal district courts to comply with 18 U.S.C. §1028 to avoid fraud and unauthentic information?

Docket Entries

2024-10-07
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2024-07-17
Motion DISTRIBUTED for Conference of 9/30/2024.
2024-06-20
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2024-06-10
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-17
Waiver of right of respondent Louisiana to respond filed.
2024-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2024)

Attorneys

Charles Wallace
Charles K. Wallace Sr. — Petitioner
Louisiana
Jorge Benjamin AguinagaLouisiana Department of Justice, Respondent