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Civil Docket
Number _______
-----------------------------Justice Divine,
Plaintiff
Code Of Rome
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vs.
COMPLAINT
VERIFIED
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of [*****] County,
Defendant
-----------------------------A couple of spaces below, you must begin to spell out your reasons for
bringing your complaint to Court.
Make an outline of your case. First, state your "Jurisdictional Basis" in
Paragraph I.
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summons forms from the court clerk, as you like free. You should use
this form, which is based upon the official form, since you cannot
specify dates, places, and times that must be filled in when you use
the official court forms.
COMPLAINT
I. JURISDICTION
1. This is a civil action authorized by 42 U.S.C. 1983 to redress the
deprivation, under color of state law, of rights secured by the United
States Constitution. The court has jurisdiction under 28 U.S.C. & 1343.
Plaintiff(s) seeks declaratory relief pursuant to 28 U.S.C. 2201 and
2202.
II. PLAINTIFF(S)
2. Plaintiff (state your full name) is and was at all times mentioned in
this complaint a prisoner of the (state of_____________) (United
States) in the custody of (The__________________ Department of
Corrections) (the US Bureau of Prisons). He is presently confined in
the (name and full address of the prison).
NOTE: If there is more than one plaintiff, include a paragraph like the
one above for each. Specify any differences in the situation of each
such plaintiff, e.g. plaintiff Divine has never been considered for
parole, or plaintiff Divine is presently confined in the maximumsecurity section of the prison.
III. DEFENDANT(S)
3. Defendant (full name and title) is the (Director/Commissioner, &c)
of the ___________Department of Corrections. He is legally
responsible for the overall operation of the (Department of
Corrections/Bureau of Prisons) and each institution under its
jurisdiction, including (name of prison where you are confined).
4. Defendant (name of warden) is the Warden of (name of prison).
He is legally responsible for the operation of (name of prison) and for
the welfare of all the prisoners of the prison.
5. Defendant (guard's full name) is a correctional officer of the
(Department of Corrections/Bureau of Prisons) who, at all times
mentioned in this complaint, held the rank of (position or title of the
guard) and was assigned to (name of prison).
IV. FACTS
6-7-8. (In these next paragraphs state in detail all the facts that are
the basis of your complaint. Generally, you want to state what
happened, to whom, who did it, when, where, whether it is still
happening, &c. See the statement of facts used as an illustration in
Chapter III A. Be sure to write your statement of facts in such a way
that a person who knows absolutely nothing about prisons will have a
good picture of exactly what happened, the circumstances leading up
to and surrounding the incident, and will understand such terms as
"strip cell", "solitary confinement", "segregation", "good time", etc.
If you want to state facts that are of general knowledge, but that you
do not know personally, orifice your statement of that fact with "Based
upon information and belief"...
If you are going to use affidavits, documents and/or other materials as
exhibits to support each of your factual allegations in your complaint,
are sure to refer to each exhibit after you state the fact that pertains
to it. For example, "On July 4, 2006, caseworker C. Smith denied by
request to have Ms. Justine Jacamar placed on my approved visiting
list. (See Exhibit A attached hereto)." Each exhibit should have its own
number.
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V. LEGAL CLAIMS
9. The facts related above disclose a concerted and systematic effort
by defendants and their agents to deprive plaintiff of constitutional
secured rights, including, but not limited to, those enumerated in the
succeeding paragraphs.
(NOTE: This is a general legal claim that your constitutional rights
have been violated by defendants. In the next paragraph, you will
state each legal claim under a separate cause of action).
VI. FIRST CAUSE OF ACTION
10. In this paragraph, state the clearest and most important right that
was violated. State what actions of the defendants violated this right.
State how their actions violated your rights. Do not argue or cite cases
in these "cause of action" paragraphs. An example of a statement of a
legal claim, or cause of action, is: "FIRST CAUSE OF ACTION:
Defendants and their agents by denying plaintiff's request to place Ms.
Justine Jacamar on his approved visiting list, violated plaintiff's rights
to freely associate and express himself with persons of his won
choosing secured to him under the First Amendment to the US
Constitution".
VII. SECOND CAUSE OF ACTION
11. Defendants and their agents, in denying plaintiff permission to visit
with _____________ by refusing to place her on plaintiff's approved
visiting list, violated the rights of ___________ to freely associate and
express her-self with persons of her own choosing in violation of the
First Amendment to the US Constitution.
(NOTE: This Second Cause of Action arises from the same facts as the
first cause of action. However, your rights and the rights of the other
person affected by prison officials' actions create two or more distinct
causes of action. It is important to note all possible cause of action
while you are researching so you can intelligently state them. The
court might hold that you do not have a constitutional right to
associate with anyone you wish but might hold that Justine Jacamar
does because she has not forfeited any of her rights because of a
felony conviction.)
VIII. THIRD CAUSE OF ACTION
12. Defendants and their agents, in refusing to place ______________
on plaintiff's approved visiting list and thereby prohibiting her from
visitation rights with plaintiff, violated both ___________' rights and
the rights of plaintiff under the Fifth Amendment to the United States
Constitution in that their decision not to allow visitation between
plaintiff and _____________ was arbitrary and capricious and not
based upon any compelling government interest or any rational
relationship to the purpose and exigencies of imprisonment.
(NOTE: You might have three or four completely different causes of
action such as denial of visiting, the denial of due process at a
disciplinary hearing and the denial of access to the courts. You first
include the facts in the statement of facts, and then you make legal
claims like the examples above. For each category of violations break
them down into separate and distinct violations category was broken
down into three distinct causes of action, above).
IX. EQUITY
13. The plaintiff has no plain, adequate or complete remedy at law to
redress the wrongs described herein. Plaintiff has been and will
continue to be irreparably injured by the conduct of the defendants
unless the court grants the declaratory and injunctive relief which
plaintiff seeks.
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______________________
Justice Love Divine, pro se
Number and address
Date: __________________
Motion for Speedy Trial
under the Sixth and Fourteenth
Amendments to the US Constitution
Comes Justice Love Divine, the defendant, and petitions this court for
a speedy trial in the above-named case. As the basis for this motion,
defendant would show:
1. On___________, 20__, defendant was indicted in this court on the
charge(s) of ____________ in violation of (give the citation to the
statue alleged to be violated).
2. On ________________, 20__, defendant was convicted in the
(name of court), and sentenced to
years in prison. He is presently confined in (name of prison). A
certificate from the (Department of Corrections) (Bureau of Prisons),
specifying the conditions of the sentence imposed under this
conviction, is attached to this motion as Exhibit A.
3. On or about _______________, 20__, defendant was notified by
the (Department of Corrections) (Bureau of Prisons) that a "detainer"
had been entered against him by (name of person issuing detainer) of
the (name of prosecuting attorney's office) of (state). This detainer
notified the (Department of Corrections) (Bureau of Prisons) of the
indictment specified in paragraph number 1, supra, and requested that
the (name of person issuing detainer) be notified shortly before
defendant's release from (name of prison you are in).
4. Since that date, no effort has been made by the (name of
prosecuting office that issued the detainer) to finally dispose of these
charges.
5. Defendant has made repeated efforts to be brought to trial on the
charges specified in paragraph number 1, supra: to wit: letters of
___________, 20__, copies of which are attached to this motion as
Exhibit B (C, and D if more than one).
6. Because the indictment has not been acted upon, and defendant
has not been afforded a trial within a reasonable period, his
opportunity for a fair trial has been diminished in the following ways:
Here list the ways in which you have been prejudiced due to the
detainer. READ THE DETAINER CASES
7. Because the detainer has not been acted upon or removed from
defendants records at (name of Prison), his treatment program has
been adversely affected in the following ways:
Here list the prison programs that are not available to prisoners with
detainers
8. If the detainer is not acted upon, defendant's program in the
(name of prison) may be adversely affected in the following ways:
_________________________________________________________
__________________________________________________________________________________
9. Defendant desires to have this matter disposed of at the earliest
possible date; reserves the option, after subsequent investigation, to
present further evidence of the extent to which his/or her right to a
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fair trail has been fatally prejudiced by the delay in bringing him/her to
trial and to make appropriate motions on that basis; and waives his
right to challenge his extradition to the basis; and waives his right to
challenge his extradition to the State of
_____________________________ with respect to this matter.
WHEREFORE, bases upon the circumstances specified in paragraphs
1-8, supra, defendant respectfully submits that he is entitled to be
brought to trial immediately, or
IN THE ALTERNATIVE, that the indictment(s) herein described and
pending against him/her be dismissed.
Respectfully submitted,
___________________
Justice Love Divine, pro se
Number and address
Copyright 1991 Allah El All Rights Reserved
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