Milosevich, Garry v. Constructive Statutory Trust

Filing 2

ORDER denying 1 Discharge of Criminal and Civil Obligations. Any further filings by this plaintiff are to be sent to chambers before filing. Signed by District Judge Barbara B. Crabb on 10/4/13. (rep)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CESTUI QUE TRUST
Garry Milosevich, in Sui
Juris, 12 USC 95(a)(2),
ORDER
Plaintiff,
07-cr-66-bbc-01
13-cv-688-bbc

v.
CONSTRUCTIVE STATUTORY TRUST;
UNITED STATES OF AMERICA,
Defendant,
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE

STATUTORY TRUST; ATTORNEY ERIC C. PETERSON,
STATUTORY TRUST; ATTORNEY MEREDITH P. DUCHEMIN,
STATUTORY TRUST; ATTORNEY JOHN VAUDREUIL,
STATUTORY TRUST; JUDGE STEPHEN L. COCKER,
STATUTORY TRUST; C. A. KORTH,
STATUTORY TRUST; JUDGE BARBARA B. CRABB,
STATUTORY TRUST; SUE FOLGEL,
STATUTORY TRUST; ATTORNEY HOWARD S. GOLDMAN,
STATUTORY TRUST; ATTORNEY ROBERT T. RUTH,
STATUTORY TRUST; ATTORNEY MORRIS BERMAN,
STATUTORY TRUST; KENNETH MAMMOSER,
STATUTORY TRUST: JONATHAN B. ROBITAILLE,
STATUTORY TRUST; JON HAUSER,
STATUTORY TRUST; MICHAEL J. DUDLEY,
STATUTORY TRUST; ROBERT P. CANADA,
STATUTORY TRUST; DEBORAH DECKER,
STATUTORY TRUST; JOHN BALKOVATZ,
STATUTORY TRUST; GERALD J. KELLER,
STATUTORY TRUST; DEAN KOWALEFSKI,
STATUTORY TRUST; LINDA M. FLAXNE,
STATUTORY TRUST; LYNETTE SWENSON,
STATUTORY TRUST; CHERYL A. SEAMAN,
STATUTORY TRUST; CLARK J. ROGERS,

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CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE

STATUTORY TRUST; RICHARD A. WILLIAMS,
STATUTORY TRUST; KELLY M. GUSTAVESON,
STATUTORY TRUST; BRUCE CARRIGAN,
STATUTORY TRUST; SHERRI ERICKSON,
STATUTORY TRUST; MARIAN BARNES,
STATUTORY TRUST; STEVE NASH,
STATUTORY TRUST; CAROLYN PETROSKI,
STATUTORY TRUST; FRED PETROSKI,
STATUTORY TRUST; DAN OLSON,
STATUTORY TRUST; MATTHEW TODD .JOHNSON,
STATUTORY TRUST; JAMES CLIFFORD FRASHIER,
STATUTORY TRUST; TOM O'BRIEN,
STATUTORY TRUST; DIANE RUPNOW,
STATUTORY TRUST; MAUREEN BEILKE,
Defendants.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Garry Milosevich has filed a document titled “Discharge of Criminal and
Civil Obligations,” in which he purports to impose a constructive trust against the United
States and 38 additional individuals, some of whom were involved in the prosecution of
2007 criminal case against him. I am listed as one of the defendants, along with three
probation officers and three court reporters, as well as the United States Attorney, the
United States Magistrate Judge, criminal defense lawyers and others.
Other than the plaintiff’s name, the “complaint” in this case is identical to one filed
by plaintiff’s codefendant in the criminal case, Daniel Thomas TePoel, and will be dismissed
for the reasons stated in the order dismissing the TePoel complaint. (A copy of that
dismissal order is attached to this order.)
If plaintiff files any additional document of the same nature, the clerk of court is
directed to send the document to chambers without filing it. If the court determines that

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it sets out a plausible claim, it will be filed. If not, the materials will be placed in a box in
the office of the clerk of court for one year, to be destroyed at the end of that year. In that
circumstance, the clerk is directed to note in the electronic file that the court has received
a document and that it has been placed in the box in the clerk’s office.

ORDER
The document “Discharge of Criminal and Civil Obligations” filed by plaintiff
“CestuiQue Trust Daniel Garry Milosevich in Sui Juris,” is DISMISSED as frivolous on the
court’s own motion.
Entered this 4th day of October, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CESTUI QUE TRUST Daniel
Thomas TePoel, in Sui
Juris, 12 USC 95(a)(2),
ORDER
Plaintiff,
07-cr-66-bbc-01
13-cv-690-bbc

v.
CONSTRUCTIVE STATUTORY TRUST;
UNITED STATES OF AMERICA,
Defendant,
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE

STATUTORY TRUST; ATTORNEY ERIC C. PETERSON,
STATUTORY TRUST; ATTORNEY MEREDITH P. DUCHEMIN,
STATUTORY TRUST; ATTORNEY JOHN VAUDREUIL,
STATUTORY TRUST; JUDGE STEPHEN L. COCKER,
STATUTORY TRUST; C. A. KORTH,
STATUTORY TRUST; JUDGE BARBARA B. CRABB,
STATUTORY TRUST; SUE FOLGEL,
STATUTORY TRUST; ATTORNEY HOWARD S. GOLDMAN,
STATUTORY TRUST; ATTORNEY ROBERT T. RUTH,
STATUTORY TRUST; ATTORNEY MORRIS BERMAN,
STATUTORY TRUST; KENNETH MAMMOSER,
STATUTORY TRUST: JONATHAN B. ROBITAILLE,
STATUTORY TRUST; JON HAUSER,
STATUTORY TRUST; MICHAEL J. DUDLEY,
STATUTORY TRUST; ROBERT P. CANADA,
STATUTORY TRUST; DEBORAH DECKER,
STATUTORY TRUST; JOHN BALKOVATZ,
STATUTORY TRUST; GERALD J. KELLER,
STATUTORY TRUST; DEAN KOWALEFSKI,
STATUTORY TRUST; LINDA M. FLAXNE,
STATUTORY TRUST; LYNETTE SWENSON,
STATUTORY TRUST; CHERYL A. SEAMAN,
STATUTORY TRUST; CLARK J. ROGERS,

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CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE
CONSTRUCTIVE

STATUTORY TRUST; RICHARD A. WILLIAMS,
STATUTORY TRUST; KELLY M. GUSTAVESON,
STATUTORY TRUST; BRUCE CARRIGAN,
STATUTORY TRUST; SHERRI ERICKSON,
STATUTORY TRUST; MARIAN BARNES,
STATUTORY TRUST; STEVE NASH,
STATUTORY TRUST; CAROLYN PETROSKI,
STATUTORY TRUST; FRED PETROSKI,
STATUTORY TRUST; DAN OLSON,
STATUTORY TRUST; MATTHEW TODD .JOHNSON,
STATUTORY TRUST; JAMES CLIFFORD FRASHIER,
STATUTORY TRUST; TOM O'BRIEN,
STATUTORY TRUST; DIANE RUPNOW,
STATUTORY TRUST; MAUREEN BEILKE,
Defendants.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Daniel TePoel has filed a document titled “Discharge of Criminal and Civil
Obligations,” in which he purports to impose a constructive trust against the United States
and 38 additional individuals, some of whom were involved in the prosecution of 2007
criminal case against him. I am listed as one of the defendants, along with three probation
officers and three court reporters, as well as the United States Attorney, the United States
Magistrate Judge, criminal defense lawyers and others.
Ordinarily, the fact that plaintiff named me as a defendant would require recusal.
However, he has not alleged any wrongdoing on my part or, or for that matter, on the part
of any other named “Constructive Statutory Trust” party. His document is a compilation
of meaningless sentences about the Trading with the Enemy Act, the International Claims
Settlement Act, Public Protections, 44 U.S.C. § 3512, the National Banking System and the
Federal Reserve. If there is a viable claim in the 24 pages that plaintiff has submitted, it

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cannot be discerned. Therefore, the “Discharge” will be dismissed without asking another
judge to spend his limited time addressing it. In re Specht, 622 F.3d 697, 700 (7th Cir.
2010) (no point in transferring matter to another judge if outcome of process is
foreordained).
If plaintiff files any additional document of the same nature, the clerk of court is
directed to send the document to chambers without filing it. If the court determines that
it sets out a plausible claim, it will be filed. If not, the materials will be placed in a box in
the office of the clerk of court for one year, to be destroyed at the end of that year. In that
circumstance, the clerk is directed to note in the electronic file that the court has received
a document and that it has been placed in the box in the clerk’s office.

ORDER
The document “Discharge of Criminal and Civil Obligations” filed by plaintiff
“CestuiQue Trust Daniel Thomas TePoel, in Sui Juris,” is DISMISSED as frivolous on the
court’s own motion.
Entered this 4th day of October, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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