Spreadbury v. Bitterroot Public Library et al

Filing 9

NOTICE of Receipt of State Court File. (Attachments: # 1 1_Notice of Recusal and Invitation to Assume Jurisdiction, # 2 2_Affidavit of Indigence and Order, # 3 3_Complaint, # 4 4_Motion for Substitution of District Judge, # 5 5_Order of Recusal, # 6 6_Letter with Copy of Invitation to Assume Jurisdiction, # 7 7_Invitation to Assume Jurisdiction re Judge Townsend, # 8 10_Affidavit for Non Corporate Status; Judicial Not Administrative Proceeding, # 9 11_Summons Returned Executed - Lee Enterprises, # 10 12_Summons Returned Executed - Bitterroot Public Library, # 11 13_Summons Returned Executed - City of Hamilton, # 12 14_Summons Returned Executed - Boone Karlberg, # 13 15_Objection to Removal, Use of Public Funds by Defense) (ASG, )

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1 2 700 South Fourth St. 3 Hamilton, MT 59840 4 Tel. (406) 363-3877 5 FILED Michael E. Spreadbury mspreadra{hotmaiLcom DEBBIEHARMONGLEftl< APR 2 i 2011 lJ"+~~ 6 MONTANA 21 sT JUDICIAL DISTRICT COURT 7 RAVALLI COUNTY 8 --------------------------------------------------------------------------------------------------------------------­ 9 MICHAEL E. SPREADBURY, ) 10 Plaintiff ) 11 v. ) Cause No: DV-1l-184 / IS­ Judge TownsendiDepartment 4 12 BITTERROOT PUBLIC LIBRARY, ) 13 CITY OF HAMILTON, ) OBJECTION TO REMOVAL, USE OF 14 LEE ENTERPRISES INC., ) PUBLIC FUNDS BY DEFENSE 15 BOONE KARL BERG P.C., ) 16 Defendants ) 17 Comes now Plaintiff, with respectful objection to removal of complete case, partial case to 18 Federal court, and improper use of municipal funds for Defense Counsel. 19 The State of Montana has jurisdiction over § 1983 matters presented to this court. A cause of 20 action for 42 USC § 1983 is able to be filed in State or Federal Court in any state within the 21 American Union. This Honorable court has the ability to hear the aforementioned in its entirety. 22 Two (2) ofthe four (4) pled causes of action in the aforementioned are for Emotional Distress 23 (ED). As was communicated between parties by electronic mail on this date, ED is not 24 recognized in Federal Courts. To allow the full casuse of action to be removed would violate the 25 Plaintiff right to redress injury as found in Art. II s. 16 Montana Constitution: The 26 Administration of Justice. Objection to Removal -spreadbUry v. Bitterroot Public Library e t ' April 21, 2011 27 The Honorable Karen S. Townsend has made oath to uphold the Montana Constitution in Art. III 28 s. 3, includes the administration ofjustice for the parties present before this court. 29 Plaintiff requires that honorable court make order to enjoin Defendants to return full or partial 30 case back to 21 st District for adjudication. If Defense wishes to house federal questions within 31 the US District Court for the State of Montana, as properly presented in this case, two distinct 32 causes of action will arise from the aforementioned. 33 The ED causes of action must remain in this honorable court, as can the defamation, negligence 34 causes of action. The only aspect of this case that could be considered to move would be the 35 federal question, which has original jurisdiction in the 21 st Montana District Court Honorable 36 Karen S Townsend presiding. 37 An issue of public fraud arises, potential conflict as Boone Karlberg PC is paid to represent a 38 non-municipal defendant, Bitterroot Public Library (BPL), and as was communicated by William 39 L. Crowley, partner is funded by MMIA. Coverage for legal costs by MMIA is exclusively for 40 municipal entities, to which BPL is not. As civil conspiracy is pled against the Defendants, the 41 Plaintiff is not sure the proper role of Boone Karlberg PC as counsel for BPL, City of Hamilton. 42 Scott Steams of Boone Karlberg PC informed Plaintiff that Lee Enterprises retains Boone for 43 legal defense. The gratis "coverage" ofBPL by co-Defendant City of Hamilton, MT is improper 44 before this honorable court. 45 WHEREFORE, Plaintiff makes respectful objection before this court, requests order retaining 46 Emotional Distress (ED), Defamation, and negligence causes of action to the 21 st District. The 47 ED causes of action have no jurisdiction in a federal courtroom. Honorable Court is asked to 2 Objection to Removal e Spreadbury v. Bitterroot Public Library e t ' April 21, 2011 48 examine Defense counsel, municipal fraud by Defense Counsel, Defendants, and require 49 retention agreements to be presented to court in-camera to ensure proper adherence to law, 50 professional practice standards of court officers before this court. Defendant Bitterroot Public 51 Library is an independent library district per MCA§ 22-1-601 (3)(e) is ineligible for municipal 52 funds for legal defense under the Montana Municipal Interlocal Authority (MMIA) and must pay 53 for, and seek their own counsel. Otherwise, public for which this court serves defrauded. 54 ~k- 55 Respectfully submitted to the honorable court this 56 57 58 Michael E. Spreadbury 59 Plaintiff (self-represented) 3 2L day of April, 2010 · . Certificate of Service: I certify as a Plaintiff in this action, a copy of the below named pleading was served upon the Defendant by First Class United States Mail. The following address was used: Objection to Removal, Use of Public Funds by Defense Cause No. DV-11-184; 21 st District Court, heard by 4th District Judge Townsend. Natasha Prinzing-Jones Boone Karlberg PC PO Box 9199 Missoula, MT 59807-9199 Dated:_4/21/11._ _ __ Michael E. Spreadbury, self represented litigant.

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