On this day 28 July – History

20170723_191909

As Above As Below

~Golden Ratio

BABY: [finding out the Schumacher’s were guilty of stealing the wallets] So then – so then it’s all right! I knew it would work out. I knew they’d have to apologize…

JOHNNY: [shrugs her off] I’m out, Baby.

BABY: [pause] They fired you anyway because of me.

JOHNNY: [sarcastically] And if I leave quietly, I’ll get my summer bonus.

BABY: So I did it for nothing. I hurt my family, you lost your job anyway, I did it for *nothing*!

JOHNNY: No, no, not for nothin’, Baby! Nobody has ever done anything like that for me before.

BABY: You were right, Johnny. You can’t win no matter what you do!

JOHNNY: You listen to me. I don’t wanna hear that from you. *You* can!

BABY: [pause] I used to think so.

JOHNNY: Nobody puts Baby in a corner.

Listen as your day unfolds, Challenge what the future holds Try and keep your head up to the sky Lovers, they may cause you tears Go ahead release your fears, Stand up and be counted Don’t be ashamed to cryYou can be amazing You can turn a phrase into a weapon or a drug You can be the outcast Or be the backlash of somebody’s lack of love Or you can start speaking up Nothing’s gonna hurt you the way that words do And they settle ‘neath your skin Kept on the inside and no sunlight Sometimes a shadow wins But I wonder what would happen if you!!

Image result

~Pilcrow~

¶ 1 Pursuant Colo.Const.Art. II § 24 & U.S.C.Amend I Right to Petition William Robert “Billy bob” Bramscher” on behalf of Taylor Swift &c does humbly submit this Petition to THE UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Hon. Marcia S. KRIEGER, Chief Judge in re 2015CV031933 Mueller v. Swift 15-cv-1974-WJM-KLM. The right to petition Government is “among the most precious of the liberties safe guarded by the Bill of Rights”, United Mine Worders of America, Dist. 12 v. Illinois State Bar Association, U.S. 1967, 389 U.S. 217, 222, 88 S.Ct. 353, 356, and this right is protected in various forms to include appeals to one or all three branches of the Government. California Motor Transportation Co. v. Trucking Unlimited, U.S. 1972, 404 U.S. 508, 510, 92 S.Ct. 609, 611-12.

¶ 2 When a judge knows that s/he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving her/him of jurisdiction, judicial immunity is lost. Rankin v. Howard, 1980, 633 F.2d 844, cert denied, Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed. 2d 326. In Rankin v. Howard the Ninth Circuit Court of Appeals reversed an Arizona District Court dismissal based upon absolute judicial immunity, finding that both necessary immunity prongs were absent; later, in Ashelman v. Pope, 793 F.2d 1072, the Ninth Circuit, en banc, criticized the “judicial nature” analysis it had published in Rankin as unnecessarily restrictive. But Rankins’ ultimate result was not changed, because Judge HOWARD had been independently divested of absolute judicial immunity by his complete lack of jurisdiction. “Where there is no jurisdiction, there can be no discretion, for discretion is incident to jurisdiction.” Piper v. Pearson, 1872, 2 Gray 120, cited in Bradley v. Fisher, 1872, 13 Wall. 335, 20 L.Ed. 646. A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil action for his acts. Davis v. Burris, 1938, 51 Ariz. 220, 75 P.2d 689. Generally, judges are immune from suit for judicial acts within or in excess of their jurisdiction even if those acts have been done maliciously or corruptly; the only exception being for acts done in the clear absence of all jurisdiction. Gregory v. Thompson, C.A.Ariz.1974, 500 F.2d 59.

¶ 3 8. This AMENDED COMPLAINT AND JURY DEMAND fails to specify which subsection of the Colorado Revised Statutes Title 13 Courts and Court Procedure §13-1-124 “long-arm statute” was allegedly violated. This section requires purposeful acts [cf. Mens Rea] performed within forum state by defendant in relation to the contract. Weyrich v. Lively, 361 F. Supp. 1147 (D. Colo. 1973). This section and §13-1-125 are sometimes referred to as the “long arm” or “single act” statute. Hoen v. District Court, 159 Colo. 451, 412 P.2d 428 (1966); Cox v. District Court, 160 Colo. 437, 417 P.2d 792 (1966); Geer Co. v. District Court, 172 Colo. 48, 469 P.2d 734 (1970). Section is procedural, not substantive. This statute, an example of “long arm” statutes, is “procedural” rather than “substantive” and may operate retrospectively. Its effect is not to create a right or liability where none existed before; its only effect is to broaden the procedure whereby one seeking redress against an alleged tortfeasor may compel him to answer in the forum initially determined by the plaintiff to be the most convenient. Smith v. Putnam, 250 F. Supp. 1017 (D. Colo. 1965). A plaintiff need only make a prima facie showing of threshold jurisdiction, which may be determined from the allegations of the complaint, to withstand defendant’s motion to dismiss under, C.R.C.P. 12(b)(2)Pioneer Astro Indus., Inc. v. District Court, 193 Colo. 409, 566 P.2d 1067 (1977). The mere existence of a contract executed by a Colorado resident, is not sufficient to confer personal jurisdiction over an absent nonresident defendant. To hold otherwise would offend traditional notions of fair play and substantial justiceHydraulics Unlimited Mfg. Co. v. B/J Mfg. Co., 323 F. Supp. 996 (D. Colo.), aff’d, 449 F.2d 775 (10th Cir. 1971). Contacts found insufficient where sale took place outside of Colorado and issues of tort concerned creation of contract and terms. Vickery v. Amarillo Freightliner Sales, Inc., 695 P.2d 306 (Colo. App. 1984). Jurisdiction is not proper in Colorado merely because one of the parties to a contract is a Colorado resident. Ruggieri v. Gen. Well Serv., Inc., 535 F. Supp. 525 (D. Colo. 1982); SGI Air Holdings II LLC v. Novartis Int’l, AG, 192 F. Supp. 2d 1195 (D. Colo. 2002). Where a New York resident contracted to have brochures mailed throughout the United States, including Colorado, and where said New York resident opened a checking account in Colorado to receive the money generated by the mailing, there were sufficient contacts to allow in personam jurisdiction by Colorado courts. At Home Magazine v. District Court, 194 Colo. 331, 572 P.2d 476 (1977). Execution of promissory notes, given in conjunction with and as part and parcel of the contract for purchase of Colorado real property, constituted sufficient acts to meet the minimum contacts test. Brownlow v. Aman, 740 F.2d 1476 (10th Cir. 1984). Phone calls, letters, facsimiles, and e-mails in addition to a contract, although unsigned, provide evidence that foreign defendant pursued a continuing business relationship sufficient to meet the minimum contacts requirement. AST Sports Science, Inc. v. CLF Distribution Ltd., 514 F.3d 1054 (10th Cir. 2008). Execution, in California, of contract executed in Colorado by another, by guarantor, who was California resident, does not provide that quantum of minimum contact with Colorado such that the maintenance of a suit against the guarantor to recover on the contract would not offend traditional notions of due processD.E.B. Adjustment Co. v. Dillard, 32 Colo. App. 184, 508 P.2d 420 (1973). Defendant Taylor Swift &c lacks sufficient contacts with Colorado for Colorado courts to exercise jurisdiction over defendant where no contracts exist between any defendants and this plaintiff. CfSender v. Powell, 902 P.2d 947 (Colo. App. 1995).

4 See also Execution of contract within state. If a nonresident comes to Colorado and, within the boundaries of this state, executes a contract and receives earnest money, the defendant is within the purview of the Colorado long arm statute, and it does not offend traditional notions of fair play to require the defendant to appear in a federal district court in Colorado when a dispute arises over the return of the earnest money. East Vail Townhomes, Inc. v. Eurasian Dev. D.A., Inc., 716 F.2d 1346 (10th Cir. 1983). Contract negotiations, plus Colorado is place of “entering into”, are sufficient. Where negotiations leading to the contract upon which this action is brought were conducted in Colorado, and the contract itself provided that Colorado is the place of “entering into” the agreement, nondomiciliary defendant’s contracts were constitutionally sufficient to support service under long arm statute. Clinic Masters, Inc. v. McCollar, 269 F. Supp. 395 (D. Colo. 1967). Contract for the transport of inmates from other states to Colorado constitutes the transaction of business within the state and establishes the general jurisdiction requirement that contacts with the forum state are systematic and continuous. Gwynn v. Transcor Am., Inc., 26 F. Supp. 2d 1256 (D. Colo. 1998). See also Activity in furtherance of a contract is sufficient to give the court long arm jurisdiction. If the defendant purposefully avails himself of the privilege of conducting business in the forum state, this is enough to give the court jurisdiction. It is not even necessary that defendant or his agent be physically present in the state for the purpose of transacting business. Colorado-Florida Living, Inc. v. Deltona Corp., 338 F. Supp. 880 (D. Colo. 1972). See also Contract for the transport of inmates from other states to Colorado constitutes the transaction of business within the state and establishes the general jurisdiction requirement that contacts with the forum state are systematic and continuous. Gwynn v. Transcor Am., Inc., supra.

¶ 5 Taylor Swift &c are VICTIMS to include yet not be limited to OUTRAGEOUS GOVERNMENTAL CONDUCT in violation of Judicial due process a principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard. See EXHIBIT 7.

¶ 6 One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case. A jurisdictional question may be broken down into three components:

  1. whether there is personal jurisdiction [aka whether the court may even hear the case involving the particular defendant(s)]. This is further broken down into 3 categories (See Pennoyer v. Neff for additional information): 
    1. in personam jurisdiction
    2. in rem jurisdiction
    3. quasi in rem jurisdiction

¶ 7 Limitations to This Power.—The principal function of court rules is that of regulating the practice of courts as regards forms, the operation and effect of process, and the mode and time of proceedings. However, rules are sometimes employed to state in convenient form principles of substantive law previously established by statutes or decisions. But no such rule “can enlarge or restrict jurisdiction. Nor can a rule abrogate or modify the substantive law”. This rule is applicable equally to courts of law, equity, and admiralty, to rules prescribed by the Supreme Court for the guidance of lower courts, and to rules “which lower courts make for their own guidance under authority conferred”. As incident to the judicial power, courts of the United States possess inherent authority to supervise the conduct of their officers, parties, witnesses, counsel, and jurors by self– preserving rules for the protection of the rights of litigants and the orderly administration of justice.

¶ 8 The term jurisdiction can be best understood by being compared to “power”. Any court possesses jurisdiction over matters only to the extent granted to it by the Constitution, and/or legislation of the sovereignty on behalf of which it functions (ex: a state court in Mississippi may need statutory permission by the Mississippi legislature to hear certain types of cases). The question of whether a given court has the power to determine a jurisdictional question is itself a jurisdictional question. Such a legal question is referred to as “jurisdiction to determine jurisdiction“.

¶ 9 Subject matter jurisdiction is the power of a court to adjudicate a particular type of matter and provide the remedy demanded. A court must have jurisdiction to enter a valid, enforceable judgment on a claim. Where jurisdiction is lacking, litigants, through various procedural mechanisms, may retroactively challenge the validity of a judgment.

¶ 10 Jurisdiction may be broken down into two categories: personal jurisdiction and subject matter jurisdiction. Personal jurisdiction is the requirement that a given court have power over the defendant, based on minimum contacts with the forum. Subject-matter jurisdiction is the requirement that a given court have power to hear the specific kind of claim that is brought to that court. While litigating parties may waive personal jurisdiction, they cannot waive subject-matter jurisdiction. In federal court, under the Federal Rules of Civil Procedure, a motion to dismiss for lack of subject-matter jurisdiction is considered a favored defense and may be raised at any point in the litigation process, even if the parties had previously argued that subject-matter jurisdiction existed. In fact, the court may dismiss a case sua sponte (on its own) for lack of subject-matter jurisdictionSee, e.g.Fed. R. Civ. Proc. 12(b)(1)

¶ 11 The jurisdiction of the court to render the particular judgement is always a proper subject inquiry. Subject matter jurisdiction is a matter of law that appellate courts review de novo. State ex rel. Suthers v. Johnson Law Grp., PLLC, 2014 COA 150, p14, 350 P.3d 961.

¶ 12 “[A] challenge to a court’s subject matter jurisdiction is not waivable” and “may be raised at any time.” Herr v. People, 2008, 198 P.3d 108, 111.

¶ 13 Pursuant C.R.C.P. 12(b)(2) MOTION TO DISMISS as this COURT lacks Jurisdiction of the Cause or Controversy against Taylor Swift &c.

¶ 14 #whatliftsyou 

Suggestions: CuteWritingOverwatch

No automatic alt text available.

NOTE: I need Taylor Swift to have an excellent weekend knowing she is safe and protected. I will be working on this all weekend and presenting to the COURT &c on Monday morning….

Know here!

GonzoFist

PRESS RELEASE

Billy bob Bramscher – Registered Lobbyist

Message body

Where Is The Love?

 

People

Billy Bob Bramscher <xxx@yahoo.com> 
Today at 1:05 PM

Message body

Suggestions: ScenicCutePride.

We are really good friends! So good, we decided to have babies. 💕

Harimander and Sirgun are celebrating 7 years of friendship on Facebook!

See Your Memories

Pause

#ihaveadream #TBT

On this day in 1963 Dr. Martin Luther King Jr. led the March on Washington and 50 years later Maya Angelou spoke with Anderson Cooper on Dr. King and the state of his dream.

“I’m delighted that he had the dream. I’m delighted that if he awakened right now he could also say, ‘ah some of my dream has come to pass’ and see that there [is an] African American family in the white house; a man and a woman, and their children, and a grandmother, a black grandmother in the white house, my goodness. At the same time I think he would be disappointed to hear we have not come any farther.” ~Miss Maya Angelou

Comments
William Bramscher

William Bramscher #iwilldream… https://www.youtube.com/watch?v=RLfURqov5p4

Provided to YouTube by Warner Music Group I Will Dream · Emmylou Harris Stumble Into Grace ℗ 2003…
YOUTUBE.COM
LikeShow more reactions

 · Reply · Remove Preview · 

1

 · July 29, 2016 at 10:11am

Manage

William Bramscher

William Bramscher #onlyindreams… https://www.youtube.com/watch?v=rlkJK7FZkXU

Provided to YouTube by Universal Music Group International Only In Dreams ·…
YOUTUBE.COM
LikeShow more reactions

 · Reply · Remove Preview · 

1

 · July 29, 2016 at 10:20am

Manage

William Bramscher
The Goddess Project – Official Trailer
03:26
213,887 Views

Please take a moment to watch and share this trailer and tag anyone you think would enjoy this film.  #Media plays a huge role in shaping our culture and in 2

See More

LikeShow more reactions

 · Reply · Remove Preview · 

1

 · July 29, 2016 at 10:28am

Manage

William Bramscher

William Bramscher #dreams… https://www.youtube.com/watch?v=KiE3FnZbDnw

Provided to YouTube by Universal Music Group International Dreams · Gabrielle…
YOUTUBE.COM
LikeShow more reactions

 · Reply · Remove Preview · 

1

 · July 29, 2016 at 10:32am

Manage

William Bramscher
LikeShow more reactions

 · Reply · 

1

 · July 29, 2016 at 11:21am · Edited

Manage

William Bramscher
William Bramscher With The Goddess Project… #Venus
Determined to empower the feminine voice, two aspiring filmmakers packed their lives into a school bus and hit the road for what became the most transformative adventure of their lives.See More
Image may contain: 46 people, people smiling
LikeShow more reactions

 · Reply · 

1

 · August 5, 2016 at 8:46am · Edited

Manage

4 YEARS AGO TODAY

“Lonesome Lozer” by ~BbB~

“Fidelity, Bravery, Integrity.” ~The FBI Motto“The FBI has purposely – and it says, justifiably – shot 150…
LONESOMELOZER.WORDPRESS.COM
Comments
William Bramscher

William Bramscher www.lonesomelozer.wordpress.com

This WordPress.com site is the cat’s pajamas
LONESOMELOZER.WORDPRESS.COM

July 28, 2013 at 8:54pm · 

LikeShow more reactions

 · 

1

 · Remove Preview

Manage

“Lonesome Lozer” and ~BbB~

Image may contain: one or more people and text

Sun Gazing with Loretta M. Hill and 26 others.

Artist: Mirabai Wagner
Photographer: Jaime Ibarra

Please Share 🙂

5 YEARS AGO TODAY

I love Birds and Chicks… Especially if they Rock-OUT-with-There-Kindness-OUT!!! No matter if yoUr a girl or boy… a loV3 of being “On Tha Road” is Wide Open Spaces!!! And chasing your dream(s) with every ounce of passion and desire… ~BbB~

Music video by Dixie Chicks performing Wide Open Spaces. (C) 1998 Sony BMG Music Entertainment
YOUTUBE.COM
Comments
William Bramscher
William Bramscher Political Opinions aren’t bad… ~BbB~

July 29, 2012 at 11:05pm · 

LikeShow more reactions

Manage

Keep ON DREAMIN!!! ~BbB~

Love the back and forth to the mic move at 1:04……..super cool, as usual…….
YOUTUBE.COM

Wow… vibrations are still rolling threw meYe entire body!!! Amazing chills!!! I amazed at the laws of attraction… For I did attracted my past yet as I have stated before, the line has been drawn in the sand!!! With this in mind… Sing with M3 Please!!! ~BbB~

http://www.youtube.com/watch?v=9fjg7N_mGaU&feature=related

Howard Jones – New Song promo
YOUTUBE.COM

Eye feel “Free” ~BbB~ I have given myself permission to eliminate the “WHY” questions of meYe own story… A line has been drawn in the sand. I can live this life the why I choose. Thank you Stacey Hall & Chi-To-Be…

Performance on May 17, 2010. Zac Brown Band is: Zac Brown (Lead Vocals & Guitar), Jimmy De Martini (Violin, Vocals), John Driskell Hopkins (Bass, Vocals), Co…
YOUTUBE.COM
Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s