Ferguson-El v. State of Virginia et al
Filing
24
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 8/9/11. Copy sent: Yes(tdai, )
IN THE
UNITED
FOR THE
STATES
DISTRICT
COURT
EASTERN DISTRICT OF VIRGINIA
Richmond Division
LEON PAT
FERGUSON-EL,
Plaintiff,
Civil Action No.
v.
STATE OF VIRGINIA,
et
3:10CV577
al..
Defendants.
MEMORANDUM OPINION
Leon
Pat
Ferguson-El,
proceeding pro
se
and jln
a
Moorish-American
forma pauper is,
By Memorandum Order entered on April 25,
Ferguson-El's
complaint
consisted
conclusions
and
directed
complaint.
The
matter
Ferguson-El's
§§
1915(e)(2)
is
almost
before
Particularized
filed this
2011,
Ferguson-El
Virginia
to
the
civil
action.
the Court noted that
entirely
file
a
Court
Complaint
inmate
of
legal
particularized
for
evaluation
pursuant
to
28
of
U.S.C.
and 1915A.
This Court must dismiss any action filed by a prisoner if the
Court
determines
state
§
a
claim
1915(e)(2);
the
on
action
which
(1)
relief
see 28 U.S.C.
claims
based upon
H(an
claims
where
§
"'factual
Clav
v.
Neitzke
standard
the
Yates.
v.
is
809
F.
Williams.
the
wis
frivolous"
may
1915A.
be
490
familiar
417,
U.S.
427
319,
standard
for
are
(E.D.
327
a
"fails
28
to
U.S.C.
first standard includes
indisputably meritless
Supp.
(2)
granted."
The
contentions
or
legal
theory,'"
clearly
Va.
motion
to
baseless.'"
1992)
(1989)).
or
(quoting
The
dismiss
second
under
Fed.
R.
Civ.
P.
12 (b) (6).
Particularized Complaint
I.
Ferguson-El
"STATEMENT
OF
provides
(DEBTOR),
the
below,
Ferguson-El's
factually and legally frivolous.
the
following
introduction
in
FACTS":
Plaintiff,
by
explained
Summary of Allegations
asserts a claim that
Defendant(s)that
named
is
As
LEON
a strawman,
government
knowledge
of
breathing Man"
PAT
"STATE
intent
of
Plaintiff,
is undiable by the
FERGUSON®,
is
a
fictitious
or dummy corporation created
OF
VIRGINIA",
the
natural
without
person
the
"living
only exists under the COLOR of
law,
and claiming only to be legally incorporated for the
of
commerce,
and
exercising
the
power
and
functions
of
a
corporation,
without
actual
lawful
authority to do so, but strictly for the benefit of the
government "STATE OF VIRGINIA", and its commerce. (As in
the present situation of a U.S. Corporation in Puerto
Rico, see (BMF) Business Master File).
The Defendant(s)
purposes
has created the Public "vessel" LEON PAT FERGUSON®, and
continue the unlawful seizure and unlawful imprisonment
etc.,
of
the
"living
breathing Man"
Plaintiff,
for
interstate
and
foreign
commerce
for
profit
under
Admiralty and Maritime jurisdiction of the UNITED STATES,
by its
co-business partner the
commercial
corporate
government juridical construct d.b.a. STATE OF VIRGINIA,
under COLOR of law and office.
Plaintiff, asserts a claim that he is a Moorish
American National a "living breathing Man" and that the
commercial
corporate
government
juridical
construct
d.b.a.
STATE OF VIRGINIA,
has
failed to produce any
Admiralty,
Maritime
contract
through
Plaintiff's
administrative process #P02904REP, that would bind the
Plaintiff to some cause of the performance [U.C.C. § 8.2501 and U.C.C.
§ 1-201.
COV] ,
demand styled STATE OF
VIRGINIA v.
LEON PAT FERGUSON under Cause(s)
C-253-7-20,
with full disclosue,
knowledge,
understanding of the
terms, conditions, and obligation thereof would become a
party
as
would
be
signature [U.C.C.
said contracts.
evidenced
§
by
8.1-201(39)
Plaintiff's
COV],
being
bona
fide
affixed
to
his
And that the Plaintiff voluntarily as a "living
breathing
Man"
Plaintiff
allowed
the
Defendant(s)
repeated seizure of Plaintiff in commerce under COLOR of
law and office.
Plaintiff is entitled to relief sought
within
his
initial
pleading
for
Plaintiff
is
an
intervening third party who is being injured by
actions of the Defendant(s) artfully continuing of
the
the
unlawful seizure, unlawful imprisonment, of a "living
breathing Man" while hiding behind the corporate veil of
the commercial corporate government juridical construct
d.b.a. STATE OF VIRGINIA. It is a grievous injury for a
corporation to injure a "living breathing Man" by act(s)
of its agents/actors of STATE OF VIRGINA.
(Part.
Compl.
Ferguson-El
2-3
(paragraph
provides
an
numbers
equally
omitted.)1
incoherent
Thereafter,
discussion
of
his
theories as to why he believes the named defendants2 violated his
civil
rights
Ferguson-El
and
why
he
is
entitled
to
relief.
For
example,
alleges:
Plaintiff,
asserts
that
the
Defendant(s)
in
their
individual capacities are equally responsible for the
violation
of
18
U.S.C.A.
§
1201(a) (1) (2) ,
by
the
fictitious process "STATE OF VIRGINIA v. LEON FERGUSON
ARLINGTON COUNTY CIRCUIT
COURT Cause(s)
C-25307-20,
has
place
Plaintiff
a
"living
breathing
Man"
within
Admiralty,
Maritime
jurisdiction
of
the
territorial
jurisdiction
of
the
United
States,
the
commercial
corporate government juridical construct d.b.a. STATE OF
VIRGINIA.
Section 1201(b) of Title 18, expresses that
"with respect
to
subsection
(a) (1) ,
the
failure
to
release the victim "Plaintiff" within twenty-four hours
1
The
Court
has
corrected
the
spacing
in
the
quotations
to
Ferguson-El's Particularized Complaint.
Otherwise, the errors and
alterations appear in the Particularized Complaint.
2 Ferguson-El names as defendants various state officials who
are
responsible
for
Johnson.
Ferguson-El
his
continued
detention,
including
Gene
describes Johnson as "dba DIRECTOR for the
commercial enterprise VIRGINIA DEPARTMENT OF CORRECTION, is the
Chief warehouse man for the commercial warehouses,
that houses
biological
property,
for
the
commercial
corporate
government
juridical construct d.b.a. STATE OF VIRGINIA."
(Part. Compl. 1.)
after
. .
.
he shall have been unlawfully seizure, confined
shall create a rebuttable presumption.
(Emphasis
added)
(Id.
at
4.)
III.
ANALYSIS
Ferguson-El apparently adheres
Monroe v.
States
Beard,
536
F.3d 198,
Court of Appeals
"Redemptionist"
a
split
person
.
personality:
called
203 n.4
for the
theory
.
a
the
to Redemptionist
(3d Cir.
Third Circuit
.
theory.
2008).
See
The United
explained:
propounds that a person has
real
person
and
"strawman."
a
The
fictional
"strawman"
purportedly came into being when the United States went
off the gold standard in 1993,
and,
instead,
pledged the
strawman of its citizens as collateral for the country's
national debt.
power
only
person,
Redemptionists claim that government has
over
the
strawman
case
of
remains
and
free.
not
over
prisoners,
to
Individuals
the
live
free
themselves by filing UCC financing statements, thereby
acquiring an interest in their strawman.
Thereafter,
the real person can demand that government officials pay
enormous sums of money to use the strawman's name or, in
the
who
keep
him
in
can
custody.
If
government officials refuse, inmates are encouraged to
file
liens
against
correctional
officers
and
other
prison officials in order to extort their release from
prison.
Adherents of this scheme also advocate that
inmates copyright their names to justify filing liens
against officials using their names in public records
such as indictments or court papers.
Id.
Ferguson-El
also
apparently
theory regarding the use of
capital
adheres
to
the
Redemptionist
letters:
Redemptionists claim that by a birth certificate,
government created strawmen out of
its citizens.
person's
name
spelled
capital letters
person, that is,
person's name is
it is on a birth
in
English,
that
is
with
the
A
initial
and small letters, represents the real
the flesh and blood person.
Whenever a
written in total capitals, however, as
certificate, the Redemptionists believe
that only the
strawman is
blood person is not
McLauahlin
(D.
v.
Conn.
Wash.
v.
Inc.,
726
F.
Bank,
524
flesh and
Supp.
(internal quotation marks omitted) ;
F.
Supp.
Ferguson-El
In short,
criminal
and the
involved.
CitiMortqaae.
2010)
Mut.
referenced,
seeks
2d
753,
758-61
to avoid the
conviction by suggesting he
exists
as
2d
201,
210
see also Bryant
(W.D.
Va.
2007).
consequences of his
two
separate
legal
entities and that the State of Virginia does not have jurisdiction
over both entities and thus must release him,
Man"
(Part.
legally
2011
Compl.
2)
frivolous.
WL
1256624,
and
See
at
pay
Tirado
*4-5
him
v.
damages.
New
(D.N.J.
wthe living breathing
Such
Jersey.
Mar.
28,
No.
a
theory
10-3408
2011)
(JAP),
(observing
similar argument "has absolutely no legal basis"); Marshall v.
Dep't
Fla.
Corr.,
Oct.
No.
27,
10-20101-CIV-GOLD,
2010).
U.S.C.
The
Opinion
§
6394565,
the
disposition of
the
at
*1
a
Fla.
(S.D.
The Clerk will
action for purposes of
1915(g).
Clerk
to
WL
The action will be DISMISSED.
be DIRECTED to note
28
2010
is
is
DIRECTED
to
send
a
copy
of
this
Memorandum
Ferguson-El.
An appropriate
Order
shall
issue.
Robert
E.
Payne
Senior United States District Judge
Date:
Richmond,
Vfrgini
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