`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF NEVADA
`
`* * *
`
`Plaintiff,
`
`RICHARD DALEY,
`
`
` v.
`
`CVS PHARMACY, INC.,
`
`Defendant.
`
`
`Case No. 2:16-cv-02693-JCM-CWH
`
`
`
`
`ORDER
`
`
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`
`
`This matter is before the court regarding documents dated July 19, 2018, and August 6,
`2018, that plaintiff Richard Daley mailed to the court. The documents are attached to this order
`for the public record. The documents appear to be identical except for the dates and signature
`blocks. The documents contain an affidavit requesting that the court adjudicate this case in favor
`of Mr. Daley.
`Under the court’s local rules, “[a]ll communications with the court must be styled as a
`motion, stipulation, or notice, and must be filed in the court’s docket and served on all other
`attorneys and pro se parties.” LR IA 7-1(b). These documents were not filed with the court and
`do not contain a certificate of service indicating they were served on defendant. The court
`therefore will not take any action with respect to these documents.
`IT IS SO ORDERED.
`
`DATED: August 20, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`C.W. HOFFMAN, JR.
`UNITED STATES MAGISTRATE JUDGE
`
`
`
`
`
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 2 of 11
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 2 of 11
`
`Richard Daley Et al,
`On behalf of
`
`RICHARD DALEY Et al
`
`3273 East Flamingo Road #208
`Las Vegas, Nevada 89121
`(702) 460-9192
`
`CW. Hoffman Jr. United States Magistrate Judge
`333 SOUTH LAS VEGAS BLVD.
`
`LAS VEGAS, NEVADA 89101
`
`19 July 2018
`
`“DISCLAIMER: Richard Daley has the knowledge of copyright laws and has observed the
`copyright symbol(s) contained within what appears to be ALL Books, Codes, References,
`Reporters, and the like dealing with law, and such a symbol’s use and employment in providing
`notice that the contents therein are the private property of the copyright owner, and Richard
`Daley freely admitting that Richard Daley has neither grant, franchise, license, NOR letter-patent
`to use said contents, NOR practice the same. Please be advised that ALL Cites thereto, and
`excerpts therefrom, are utilized and employed herein merely for educational and
`communicational purposes, to display from Where Richard Daley present understanding inheres
`from, and, due to the depth of the matter with which this controversy attempts to cover.” This is
`called Fair Use and is allowed for purposes of criticism, news reporting, teaching and parody
`which doesn’t infringe on copyright under 17 USC 107”. This DISCLAIMER is to be in effect
`immediately and remain so until this controversy is remedied.
`
`MANDATORY JUDICIAL NOTICE
`
`TO CORRECT ERROR
`
`AFFIDAVIT
`
`1) After having been duly sworn 1, Richard Daley (as defined by Nevada Revised Statute
`0.039), communicating on behalf of my Massachusetts corporation RICHARD DALEY
`(as defined by Nevada Revised Statute 205.4611),
`in my correct public capacity as
`beneficiary to the Original Jurisdiction, being of majority age, competent to testify, a self—
`realized and free sentient man upon the land, my yes be yes, my no be no, do state that the
`truths and facts herein are of firsthand personal knowledge and that they are true, correct,
`complete, not just true and correct, certain and not misleading.
`
`2) Comes now Richard Daley Et al, in his individual capacity on behalf of his Massachusetts
`corporation RICHARD DALEY Et al, who decrees that this honorable court must correct
`the previous error and adjudicate Case Number 2:16-cv-02693-JCM-CWH in favor of the
`Plaintiff RICHARD DALEY Et al and sanction CVS Et al for damages in the amount of
`
`
`
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 3 of 11
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 3 of 11
`
`$5,000,000.00 (FIVE MILLION DOLLARS) U.S.D. and award RICHARD DALEY Et al
`such monies as damages.
`I have a Claim for which relief and remedy may be granted.
`
`3)
`
`I realized that I made an error in not exhausting remedy in accordance with Title 28
`U.S.C. § 2254 (b)(l)(A) and Vasquez v. Hillery, 474 US. 254 (1986) in the notification
`of mandatory judicial notice. I intend to correct that so a Bivens Tort may possibly
`follow.
`
`4)
`
`5)
`
`6)
`
`7)
`
`This is a self—executing contract. Notice to the principal is notice to the agent, notice to the
`agent is notice to the principal. You are hereby bound to inform all of your superiors and
`subordinates involved in this matter so long as such communication does not constitute an
`ex—parte communication because this is an Ongoing case. If there is something you do not
`understand clearly,
`it is incumbent upon you to summon a superior officer, special
`prosecutor, federal judge or other competent legal counsel to immediately explain the
`significance of this instrument as per your duties and obligations in respect to this private
`formal instrument. You have 10, (TEN) days from the receipt of this MANDATORY
`JUDICIAL NOTICE TO CORRECT ERROR to respond on a point by point basis, via
`sworn Affidavit, under full commercial liability, signing under penalty of perjury that the
`facts contained therein are true, correct, complete and not misleading. Mere declarations
`are an insufficient response and a complete nullity. If an extension of time is needed to
`properly answer, please request such in writing. Failure to respond will be deemed Nihil
`Dicit Tacit Acquiescence and constitutes agreement with the facts stated within the
`attached AFFIDAVIT and as an acceptance of liability. Traitors, Protestants, Liberals and
`Heretics take heed for I oppose your causes.
`
`I decree that any claim of immunity which the government agents could possibly make is
`a fraud, because if valid, it would prevent removal from office for crimes against the
`people, which removal is authorized or even mandated under the US. Constitution Article
`2, Section 4, as well as 18 U.S.C. 241, 242, 42 U.S.C. 1983, 1985, 1986 and other state
`constitutions.
`
`I object to your ORDER dismissing Case Number 2:16-cv-02693—JCM—CWH AS BEING
`VOID for the following reasons:
`
`I am in the correct venue and this Court does have jurisdiction because agents of CVS Et
`al violated Federal Law against Employment Retaliation under Title 5 USC 2302, ADEA
`l 1.3 and EEOC Federally Protected Activities, Age Discrimination under Title 29 USC 14,
`Fraud under 18 USC 47 and The Americans With Disabilities Act of 1990 as well as the
`
`Uniform Commercial Code Article 2 Section 2206 Offer and Acceptance in the formation
`of a contract under The Uniform Commercial Code 2-206.
`
`8)
`
`I do not accept your offer of enforced arbitration because such is not included in the
`Constitution for the United States of America and it is not included in the Constitution for
`
`the State of Nevada.
`
`I therefore decree such is unconstitutional and a void judgment.
`
`I
`
`
`
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 4 of 11
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 4 of 11
`
`also reject such offer because CVS Et al had multiple times to enforce such arbitration and
`failed to do so allowing a new contract to be formed when an Estopple was established and
`Laches set in. Agents of CVS Et al could have enforced arbitration before they fired me
`or upon my firing, when I sent them each of the 3 letters of demand and upon notification
`by the EEOC that legal action may be pending. They failed to do so and lost all rights to
`enforce such arbitration.
`
`9)
`
`I do not accept your offer of dismissal because such is in Violation of United States v. Kis
`658 F2d, 526, 536-337 (7th Cir 1981), which decided ‘Non Rebutted Affidavits are Prima
`Facie Evidence in the Case’. That decision was based on a Maxim of Law, ‘In law none
`
`is credited unless he is sworn.“ (Cro. Car. 64. In judicio non creditur nisi juratis).
`
`10)I do not accept your offer of dismissal because such is in Violation of Group v Finletter,
`108 F. Supp. 327 (1952) which decided ‘allegations in affidavit in support of motion
`must be considered as true in absence of counter—affidavit’. While Finletter deals with
`the Defendant being the only one entering Affidavits, in this case, RICHARD DALEY Et
`al, the Plaintiff, is the only one who has been willing and able to place a sworn affidavit
`affirming the herein disclosed facts under penalties of perjury, into the record of this case
`and as such, in absence of sworn counter-affidavit signed under the penalties of perjury
`regarding these same facts, laws, case laws and evidence, Plaintiff should be the only
`prevailing party.
`
`1 l)1 do not accept your offer of dismissal because such is in violation of Morris v National
`Cash Register, 44 S.W. 2d 433, the holding clearly states that ‘uncontested allegations in
`affidavit must be accepted as true”.
`
`12) CVS Et al, has not rebutted any of my affidavits and not provided a sworn counter-
`affidavit, signed under the penalties of perjury regarding the facts, laws, case laws and
`evidence which means they may not be heard.
`
`13) As for the issue of substitution of attorney, CVS Et al or agents of LITTLER
`MENDELSON Et al could have provided a certified copy of such file stamped by the
`Clerk of the Court when I filed my Motion for Default Judgment or my Appeal to the 9th
`Circuit Court of Appeals and did not provide such, which is sufficient evidence that no
`such paperwork exists. The Federal Rules of Civil Procedure make it mandatory,
`according to Rule 24. ‘Intervention (a) INTERVENTION OF RIGHT. On timely motion, the
`court must permit anyone to intervene who:
`(1) is given an unconditional right to intervene by a federal statute; or
`(2) claims an interest relating to the property or transaction that is the subject of
`the action, and is so situated that disposing of the actiOn may as a practical matter impair
`or impede the movant's ability to protect its interest, unless existing parties adequately
`represent that interest.
`
`If they were
`14)I also realized that 1 may have made additional errors unbeknownst to me.
`procedural, such as me not ordering the judiciary to enter all paperwork including but not
`limited to Affidavits and Motions, into evidence, then I hereby order such be done.
`If it
`
`
`
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 5 of 11
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 5 of 11
`
`was procedural such as me not filing my paperwork as a claim for damages, then I hereby
`order such be done because such deficiencies should have been corrected by the Judge
`handling the case in accordance with Platsky v. C.I.A. United States Court of Appeals,
`Second Circuit Nov 24, 1991953 F.2d 26 (2d Cir. 1991) because I am a pro se litigant and
`because I am not held to the same stringent standards as a B.A.R. Attorney in accordance
`with Kay —vs.- Ehrler, 499 US. 432. Also the form I used was represented as sufficient to
`proceed by the United States District Court for the District of Nevada by providing such
`on their website. Again, if that was an incorrect form, the Judge should have corrected my
`error and had me replead.
`
`15) A Judge is supposed to liberally construe the Constitution for the United States of America
`in my favor, because I am the specifically designated and clearly established beneficiary
`of that Constitution in accordance with American Jurisprudence Constitutional Section 97
`and Byars v. United States, 273 US. 28 (1927).
`
`16) The Court is to protect against the encroachment of unconstitutionality of a secured liberty.
`It may be that
`it
`is an obnoxious thing in its mildest form; but
`illegitimate and
`unconstitutional practices get their first footing in that way; namely, by silent approaches
`and slight deviations from legal modes of procedure. This can only be obviated by adhering
`to the rule that constitutional provisions for the security of persons and property should be
`liberally construed. It is the duty of the Courts to be watchful for the Constitutional Rights
`of the Citizens, and against any stealthy encroachments thereon, in accordance with Boyd
`v. United States 116 US 616 (1886).
`
`17) It’s important that you understand that there was an offer: the government officers
`offered to govern. There was a consideration; the citizens considered how they were to be
`governed, and government officers promised that they would govern by constitution and
`there was an agreement. The citizens agreed that if government officers promised that
`there would be government by constitution they would allow the constitution into force.
`When government officers signed the document, (their oath of office), they signed as
`officers of the government agreeing to support, protect and defend the Constitution and
`Government of the United States, and the Constitution and government of the State of
`Nevada, against all enemies, whether domestic or foreign, and that they will bear true
`faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state
`notwithstanding, and that they will well and faithfully perform all the duties of the office
`they hold or which they are about to enter; (if an oath) so help me God; (if an affirmation)
`under the pains and penalties of perjury. All officers signed their oath of office,
`simultaneously as officers and representatives of the people in the Republican form of
`government. When they signed that document that constituted an iron-clad contract in
`writing enforceable in a court of law, pursuant to the statute of frauds.
`
`18)I accept your oath of office (making the oath a contract). I bind you to your oath of office
`(making the oath a binding contract).
`I offer you my honor and accept yours in this
`dealing. (this is the consideration of contract).
`I remind you of your fiduciary duty
`(notice of required performance of contract). I extend my sovereign immunity while you
`carry out my orders. (indemnity of the person while taking the action).
`
`
`
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 6 of 11
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 6 of 11
`
`“This
`19) It is true that ‘the judge decides the case by the law and the jury by facts’
`Constitution, and the Laws of the United States which shall be made in Pursuance
`thereof; and all Treaties made, or which shall be made, under the Authority of the United
`States, shall be the supreme Law of the Land; and the Judges in every State shall be
`bound thereby, any Thing in the Constitution or Laws of any State to the Contrary
`notwithstanding.” according the the Constitution for the United States of America Article
`VI Clause 2.
`
`20) It is true that “Full Faith and Credit shall be given in each State to the public Acts,
`Records, and judicial Proceedings of every other State. And the Congress may by general
`Laws prescribe the Manner in which such Acts, Records and Proceedings shall be
`proved, and the Effect thereof.” According to Article IV Section 1 of the Constitution for
`the United States of America.
`
`21)I have a right to damages. I was injured by the agents of CVS Et al. Do 1 have to go to
`the United States Supreme Court to get remedy? Do I have to go to the UN. to get
`remedy? Do I have to go to the Courts of International Settlements and Claims? I was
`injured by CVS Et al.
`
`22)I am authorized redress of government in accordance with the Constitution for the United
`States of America, First Amendment.
`
`23) It is a Maxim of law, Let him who would be deceived, be deceived.” I am not deceived.
`If you can disprove each of these points “under oath and under your full commercial
`liability and under penalty of perjury” I will accept your offer anything less is a nullity.
`
`/ m
`
`e /? 20/}
`
`
`Date
`
`24) Further Affiant sayeth not.
`
`Richard Daley Et 211,
`On behalf of
`
`RICHARD DALEY Et al
`
`3273 East Flamingo Road #208
`Las Vegas, Nevada 89121
`O2 , 460-9192
`
`
`
`
`State of Nevada
`
`
`
`County of Clark
`Subscribed and sworn to (or affirmed) before me, this 19th day of July, 218
`
`By
`
`
`
`
`
`
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 7 of 11
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 7 of 11
`
`Richard Daley Et al,
`On behalf of
`
`RICHARD DALEV Et al
`
`3273 East Flamingo Road #208
`Las Vegas, Nevada 89121
`(702) 460-9192
`
`CW. Hoffman Jr. United States Magistrate Judge
`333 SOUTH LAS VEGAS BLVD.
`
`LAS VEGAS, NEVADA 89101
`
`6 August, 2018
`
`“DISCLAIMER: Richard Daley has the knowledge of copyright laws and has observed the
`copyright symbol(s) contained within what appears to be ALL Books, Codes, References,
`Reporters, and the like dealing with law, and such a symbol’s use and employment in providing
`notice that the contents therein are the private properw of the copyright owner, and Richard
`Daley freely admitting that Richard Daley has neither grant, franchise, license, NOR letter-patent
`to use said contents, NOR practice the same. Please be advised that ALL Cites thereto, and
`excerpts therefrom, are utilized and employed herein merely for educational and
`communicational purposes, to display from where Richard Daley present understanding inheres
`from, and, due to the depth of the matter with which this controversy attempts to cover.” This is
`called Fair Use and is allowed for purposes of criticism, news reporting, teaching and parody
`which doesn’t infringe on copyright under 17 USC 107”. This DISCLAIMER is to be in effect
`immediately and remain so until this controversy is remedied.
`
`2nd MANDATORY JUDICIAL NOTICE
`
`TO CORRECT ERROR
`
`AFFIDAVIT
`
`1) After having been duly sworn 1, Richard Daley (as defined by Nevada Revised Statute
`0.039), communicating on behalf of my Massachusetts corporation RICHARD DALEY
`(as defined by Nevada Revised Statute 205.4611),
`in my correct public capacity as
`beneficiary to the Original Jurisdiction, being of majority age, competent to testify, a self-
`realized and free sentient man upon the land, my yes be yes, my no be no, do state that the
`truths and facts herein are of firsthand personal knowledge and that they are true, correct,
`complete, not just true and correct, certain and not misleading.
`
`2) Comes now Richard Daley Et al, in his individual capacity on behalf of his Massachusetts
`corporation RICHARD DALEY Et al, who decrees that this honorable court must correct
`the previous error and adjudicate Case Number 2:16—cv-02693—JCM—CWH in favor of the
`Plaintiff RICHARD DALEY Et al and sanction CVS Et al for damages in the amount of
`
`
`
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 8 of 11
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 8 of 11
`
`3)
`
`4)
`
`5)
`
`6)
`
`7)
`
`$5,000,000.00 (FIVE MILLION DOLLARS) U.S.D. and award RICHARD DALEY Et al
`such monies as damages.
`I have a Claim for which relief and remedy may be granted.
`
`I realized that I made an error in not exhausting remedy in accordance with Title 28
`USC. § 2254 (b)(] )(A) and Vasquez v. Hillery, 474 US. 254 (1986) in the notification
`of mandatory judicial notice.
`I intend to correct that so a Bivens Tort may possibly
`follow.
`
`This is a self-executing contract. Notice to the principal is notice to the agent, notice to the
`agent is notice to the principal. You are hereby bound to inform all of your superiors and
`subordinates involved in this matter so long as such communication does not constitute an
`ex—parte communication because this is an ongoing case. If there is something you do not
`understand clearly,
`it
`is incumbent upon you to summon a superior officer, special
`prosecutor, federal judge or other competent legal counsel to immediately explain the
`significance of this instrument as per your duties and obligations in respect to this private
`formal instrument. You have 10, (TEN) days from the receipt of this MANDATORY
`JUDICIAL NOTICE TO CORRECT ERROR to respond on a point by point basis, via
`sworn Affidavit, under full commercial liability, signing under penalty of perjury that the
`facts contained therein are true, correct, complete and not misleading. Mere declarations
`are an insufficient response and a complete nullity. If an extension of time is needed to
`properly answer, please request such in writing. Failure to respond will be deemed Nihil
`Dicit Tacit Acquiescence and constitutes agreement with the facts stated within the
`attached AFFIDAVIT and as an acceptance of liability. Traitors, Protestants, Liberals and
`Heretics take heed for I oppose your causes.
`
`I decree that any claim of immunity which the government agents could possibly make is
`a fraud, because if valid, it would prevent removal from office for crimes against the
`people, which removal is authorized or even mandated under the US. Constitution Article
`2, Section 4, as well as 18 USC. 241, 242, 42 USC. 1983, 1985, 1986 and other state
`constitutions.
`
`I object to your ORDER dismissing Case Number 2: 1 6—cv-02693—JCM-CWH AS BEING
`VOID for the following reasons:
`
`I am in the correct venue and this Court does have jurisdiction because agents of CVS Et
`al violated Federal Law against Employment Retaliation under Title 5 USC 2302, ADEA
`1 1.3 and EEOC Federally Protected Activities, Age Discrimination under Title 29 USC 14,
`Fraud under 18 USC 47 and The Americans With Disabilities Act of 1990 as well as the
`Uniform Commercial Code Article 2 Section 2206 Offer and Acceptance in the formation
`of a contract under The Uniform Commercial Code 2-206.
`
`8)
`
`I do not accept your offer of enforced arbitration because such is not included in the
`Constitution for the United States of America and it is not included in the Constitution for
`the State of Nevada.
`I therefore decree such is unconstitutional and a void judgment.
`I
`
`
`
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 9 of 11
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 9 of 11
`
`also reject such offer because CVS Et al had multiple times to enforce such arbitration and
`failed to do so allowing a new contract to be formed when an Estopple was established and
`Laches set in. Agents of CVS Et al could have enforced arbitration before they fired me
`or upon my firing, when I sent them each of the 3 letters of demand and upon notification
`by the EEOC that legal action may be pending. They failed to do so and lost all rights to
`enforce such arbitration.
`
`9)
`
`I do not accept your offer of dismissal because such is in violation of United States v. Kis
`658 F2d, 526, 536-337 (7th Cir 1981), which decided ‘Non Rebutted Affidavits are Prima
`Facie Evidence in the Case’. That decision was based on a Maxim of Law, ‘In law none
`is credited unless he is sworn.“ (Cro. Car. 64. In judicio non creditur nisi juratis).
`
`lO)l do not accept your offer of dismissal because such is in violation of Group v Finletter,
`108 F. Supp. 327 (1952) which decided “allegations in affidavit in support of motion
`must be considered as true in absence of counter—affidavit’. While Finletter deals with
`
`the Defendant being the only one entering Affidavits, in this case, RICHARD DALEY Et
`al, the Plaintiff, is the only one who has been willing and able to place a sworn affidavit
`affirming the herein disclosed facts under penalties of perjury, into the record of this case
`and as such, in absence of sworn counter-affidavit signed under the penalties of perjury
`regarding these same facts, laws, case laws and evidence, Plaintiff should be the only
`prevailing party.
`
`1 l)I do not accept your offer of dismissal because such is in violation of Morris v National
`Cash Register, 44 SW. 2d 433, the holding clearly states that ‘uncontested allegations in
`affidavit must be accepted as true”.
`
`12) CVS Et 211, has not rebutted any of my affidavits and not provided a sworn counter—
`affidavit, signed under the penalties of perjury regarding the facts, laws, case laws and
`evidence which means they may not be heard.
`
`13) As for the issue of substitution of attorney, CVS Et al or agents of LITTLER
`MENDELSON Et al could have provided a certified copy of such file stamped by the
`Clerk of the Court when I filed my Motion for Default Judgment or my Appeal to the 9“‘
`Circuit Court of Appeals and did not provide such, which is sufficient evidence that no
`such paperwork exists. The Federal Rules of Civil Procedure make it mandatory,
`according to Rule 24. “Intervention (a) INTERVENTION OF RIGHT. On timely motion, the
`court must permit anyone to intervene who:
`(1) is given an unconditional right to intervene by a federal statute; or
`(2) claims an interest relating to the property or transaction that is the subject of
`the action, and is so situated that disposing of the action may as a practical matter impair
`or impede the movant's ability to protect its interest, unless existing parties adequately
`represent that interest.
`
`If they were
`14)I also realized that I may have made additional errors unbeknownst to me.
`procedural, such as me not ordering the judiciary to enter all paperwork including but not
`limited to Affidavits and Motions, into evidence, then I hereby order such be done.
`If it
`
`
`
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 10 of 11
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 10 of 11
`
`was procedural such as me not filing my paperwork as a claim for damages, then I hereby
`order such be done because such deficiencies should have been corrected by the Judge
`handling the case in accordance with Platsky v. C.I.A. United States Court of Appeals,
`Second Circuit Nov 24, 1991953 F.2d 26 (2d Cir. 1991) because I am a pro se litigant and
`because I am not held to the same stringent standards as a B.A.R. Attorney in accordance
`with Kay ivs: Ehrler, 499 US. 432. Also the form I used was represented as sufficient to
`proceed by the United States District Court for the District of Nevada by providing such
`on their website. Again, if that was an incorrect form, the Judge should have corrected my
`error and had me replead.
`
`15) A Judge is supposed to liberally construe the Constitution for the United States of America
`in my favor, because I am the specifically designated and clearly established beneficiary
`of that Constitution in accordance with American Jurisprudence Constitutional Section 97
`and Byars v. United States, 273 US. 28 (1927).
`
`16) The Court is to protect against the encroachment of unconstitutionality of a secured liberty.
`It may be that
`it
`is an obnoxious thing in its mildest
`form; but
`illegitimate and
`unconstitutional practices get their first footing in that way; namely, by silent approaches
`and slight deviations from legal modes of procedure. This can only be obviated by adhering
`to the rule that constitutional provisions for the security of persons and prOperty should be
`liberally construed.
`It is the duty of the Courts to be watchful for the Constitutional Rights
`of the Citizens, and against any stealthy encroachments thereon, in accordance with Boyd
`v. United States 116 US 616 (1886).
`
`17) It’s important that you understand that there was an offer: the government officers
`offered to govern. There was a consideration; the citizens considered how they were to be
`governed, and government officers promised that they would govern by constitution and
`there was an agreement. The citizens agreed that if government officers promised that
`there would be government by constitution they would allow the constitution into force.
`When government officers signed the document, (their oath of office), they signed as
`officers of the government agreeing to support, protect and defend the Constitution and
`Government of the United States, and the Constitution and government of the State of
`Nevada, against all enemies, whether domestic or foreign, and that they will bear true
`faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state
`notwithstanding, and that they will well and faithfully perform all the duties of the office
`they hold or which they are about to enter; (if an oath) so help me God; (if an affirmation)
`under the pains and penalties of perjury. All officers signed their oath of office,
`simultaneously as officers and representatives of the people in the Republican form of
`government. When they signed that document that constituted an iron-clad contract in
`writing enforceable in a court of law, pursuant to the statute of frauds.
`
`1 bind you to your oath of office
`18)l accept your oath of office (making the oath a contract).
`(making the oath a binding contract).
`I offer you my honor and accept yours in this
`dealing. (this is the consideration of contract).
`I remind you of your fiduciary duty
`(notice of required performance of contract).
`I extend my sovereign immunity while you
`carry out my orders. (indemnity of the person while taking the action).
`
`
`
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 11 of 11
`Case 2:16-cv-02693-JCM-CWH Document 45 Filed 08/21/18 Page 11 of 11
`
`“This
`19) It is true that ‘the judge decides the case by the law and the jury by facts’
`Constitution, and the Laws of the United States which shall be made in Pursuance
`thereof; and all Treaties made, or which shall be made, under the Authority of the United
`States, shall be the supreme Law of the Land; and the Judges in every State shall be
`bound thereby, any Thing in the Constitution or Laws of any State to the Contrary
`notwithstanding.” according the the Constitution for the United States of America Article
`VI Clause 2.
`
`20) It is true that “Full Faith and Credit shall be given in each State to the public Acts,
`Records, and judicial Proceedings of every other State. And the Congress may by general
`Laws prescribe the Manner in which such Acts, Records and Proceedings shall be
`proved, and the Effect thereof.” According to Article IV Section 1 of the Constitution for
`the United States of America.
`
`I was injured by the agents of CVS Et al. Do I have to go to
`21)I have a right to damages.
`the United States Supreme Court to get remedy? Do I have to go to the UN. to get
`remedy? Do I have to go to the Courts of International Settlements and Claims? 1 was
`injured by CVS Et al.
`
`22)I am authorized redress of government in accordance with the Constitution for the United
`States of America, First Amendment.
`
`23) It is a Maxim of law, Let him who would be deceived, be deceived.” I am not deceived.
`If you can disprove each of these points “under oath and under your full commercial
`liability and under penalty of perjury” I will accept your offer anything less is a nullity.
`
`24) Further Affiant sayeth not.
`
`Richard Daley Rt 611,
`On behalf of
`
`RICHARD DALEY Et al
`
`3273 East Flamingo Road #208
`Las Vegas, Nevada 89121
`(702) 460—9192
`{~3me /
`*
`
`” WNW-j, /
`
`
`:’
`
`l.
`
`‘ RIC - RD DALEY Et al, All rights reserved.
`
`/j;fi¥¢9 ‘* 5 ,
`
`2..
`
`:.' x i‘
`
`Date
`
`..
`State ofNevada
`_;:___
`j. Mb "
`/,7 ’i
`County ofClark
`'
`“-1-; " i
`
`Subscribed and sworn to (or affirmed) before me, thiifiig”day .
`’
`BY
`" Y‘CFO A. f Mejm
`‘
`I
`
`A
`A
`
`
`
`
`
`'
`
`emerge.
`
`
`
`GEORGES 80"?"
`NOTARY PUBLIC
`STATE OF NEVADA
`My Commission Expires: 05-18-22
`Certificate No: 18-26814
`
`
`
`