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Supreme Court of the United States No. SUPREME COURT OF THE UNITED STATES GREG ANDERSON Petitioner, VS. GARY HERBERT et. al. Respondents. PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Greg Anderson pro se 24 South 7' Street Tooele, Utah 84074 Phone: 385 231-5005 NOV 1 - 2018 QUESTION PRESENTED Is a judgment void on its face, when a State Court steals a paid-for home at the motion to dismiss stage of the proceedings, under the guise that the owner was a tenant, where plaintiff attorneys misrepresented the law and contractual terms of the purchase contract 30 times in a 6 page document, then wrote the "Statement of Facts and Conclusions of Law," with no reference to the purported record, and the judge rubber-stamped plaintiffs claims, and the court denied itself jurisdiction by not strictly adhering to the statute, thereby implicating conspiracy. 11 PARTIES TO THE PROCEEDINGS BELOW Petitioner is Greg Anderson. Respondents Are Gary Herbert in His Official Capacity as Governor of the State of Utah, Sean Reyes in His Official Capacity as Attorney General for the State of Utah, Clark A McClellan, in His Individual Capacity, and in His Official Capacity for His Extra- judicial Acts, Third District Court, in its Official Capacity, Eighth District Court in its Official Capacity, Utah Court of Appeals in its Official Capacity, Daniel W. Kitchen, James L. Ahistrom, Terry Welch, Lynn Kitchen, Gary Kitchen, Mathew J. Kitchen, Mark R. Kitchen, Sandbay LLC Sunlake LLC, Orchid Beach LLC Roosevelt Hills LLC, John or Jane Doe(s) 1 Through 10 Note: No John or Jane Doe's have been named, nor have any other parties. 111 TABLE OF CONTENTS Question Presented . ii Table of Contents ...... iii Table of Authorities. v Citations to the Opinions below . 1 Jurisdiction .......... 1 Opinions below ......... 1 Relevant Statutory Provisions . 2 Statement of the Case ..........4 Reasons for Granting the Writ . 11 The Court Should Review a Rule 60(b)&(d) Case 11 Void Judgments That Reach this Court Are Extremely Rare . 13 Lower Courts Need Definite Guidelines . 14 Courts Should Not Be Used for the Theft of Property The Tenth Circuit Did Not Follow its Own Mandated Case Law . 15 Crooked Lawyers Should Be Stopped from Deviating from Constitutional Law . 16 Pro Se Litigants Should Have Full Constitutional Rights Regarding Void Judgments . 19 This Court Should Once Again Remind Lower Courts That a Void Judgment Cannot Gain Legitimacy, Therefore Any Issue Trying to Justify the Void Judgment Is Also Void as a Matter of Supreme lv Court Law . 19 In the Interest of Justice . 22 This Court Should Act Here Because the Defense Attorneys Have Constructively Thumbed the Nose at Justice Ginsberg and Other Justices . 22 Rule 60(b)&(d) of the Federal Rules of Federal Procedure Should Be Addressed . 24 When a Litigant Claims a Judgment Is Void on its Face, All Courts Should Be Mandated to Review That Issue in Their Decision . 24 Void Judgments Are Part of Common Law . 26 It Is Unfair for a District or Circuit Court to Use non Jurisdictional Issues to Dismiss a Law Suit at the Motion to Dismiss Stage of the Proceedings . 27 Courts Are Afraid to Undue Another Court's Judgment Thereby Denying Constitutional Rights. 28 No One Is above the Law . 29 Rogue Attorneys Should Be Exposed . 31 Petitioner Has Been Falsely Accused of Being a Dead Beat Renter Because He was not Allowed to speak in the Eighth District Court in violation of the First Amendment . 32 The Court Splits should be addressed concerning void judgments . 36 Wiping the Slate Clean . 37 Conclusion ....... 37 V Appendix Table of Contents Tenth Circuit Court Order and Judgment . 3 Motion to the Tenth Circuit Court of Appeals to Declare Eight District Court Judgment Void . 18 District Court - Order Adopting Report & Recommendation . 40 Magistrate Report and Recommendation . 54 Petitioner's District Court Complaint . 85 Motion-memo-partial Summary Judgment - Federal District Court . 194 Petitioner's Verified Memorandum in Support of Motion to Dismiss in Eighth District Court . 226 Defendants Motion to Dismiss Memorandum 2008 Showing 30 Misrepresentations of Law and Contractual Terms . 239 Petitioners Motion to Declare Eight District Court Judgment Void . 246 Eighth District Court - Findings of Fact and Conclusions of law . 261 Eighth District Court Order of Restitution . 265 The Second Judge's Ruing and Order in the Eighth District Court Decision . 269 Real Estate Purchase Contract Between vi Petitioner and Sandbay LLC Daniel Kitchen . 274 TABLE OF AUTHORITIES A. K Investment Group, LLC v. City of Glendale No. 16-1492 (May 14, 2018) . 30 Armstrong v. Manzo, 380 U. S. 545 . 12, 20, 31, 38 Baker v. Baker, Eccles & Co., 242 U. S. 394 . 31 Batty v. Batty 153 P.3d 827 Utah App. 2006) . 6 Bequet v. MacCarthy, 2B. & Ad. 951,959 . 30 Brinkerhoff-Faris Trust & Savings. v. Hill, 281 U. S. 673, (1930) . 21,35 Buchheit, 705 F.3dat 1159 ......17 Carey v. Piphus 435 U. S. 247,254-257(1978) . 32 Civil Rights Cases, 109 U. S. 3, 11, 17 (1883) . 21 Dennis v. Sparks 449 U. S. 23 (1985) . 6, 13, 17, 23 Douglas v. Forrest, 4 Bing. 686, 700,701 . 30 Exxon Mobile Corp., v. Saudi Basic Industries 544U. S. 280 (2005) . 14 Firemans Insurance Co. v. Brown, 529 P. 2d. 419 .10 First Sec. Bank of Utah, N A. v. Maxwell 659 P.2d 1078, 1081 (Utah 1983) . 6 vii Hazel-Atlas Co. v. Hartford Co. 322 U. S. 238 (1943) fn 5, 13 , 15, 16, 23, 25, 38 Herring v. United States ofAmerica 424 F.3d 384,386 (3rd Cir. 2005) . 24 641,644(71h In re Edwards 962 F.2d Cir. 1992) . 15 Jefferson v. Upton 560 U. S. 284 (2010) . fn5,17,23 Keene v. Bonser 107 P.3d 693 (Utah App. 2005) . 6 Lincoln Financial Corp. v. Ferrier, 567 P.2d 1102 (Utah 1977) . 10 Luger v. Edmondson Oil Company 457 U. S. 922. 11 Maubourquet v. Wyse (1867), 1 Jr. Rep. C. L. 471,481 30 McDonald vMabee 243 U.S. 905 91 (1917) . 30 Monroe v. Pape 365 U.S. 167 (1961) . 11 Nelson v. Adams 529 U. S. 460 (2000) fn 5, 10, 13, 22, 23 33, 34, 35 Pacific Development Co. v. Stewart, 195 P. 2d 748 (1948 Utah) . 10 Parkside Salt Lake City Corp., v. Insure-Rite, 37P.3d. 1202 . 10 Moss v. Parr Waddoups Brown Gee & Loveless 287 P.3d 1157, 1166 (Utah 2012) . 32 Viii Pennoyerv. Neff, 95U. S. 714 (1878) . 21,35 Pernell v. SouthhallRealty416 U.S. 363 (1974) . 10 Sh elley v. Kra em er 334 U.S.1 . 21 United Student Aid Funds, Inc. V. Espinosa, 130 S. Ct. 1367 . 13,23 V. T A., mv., v. Airco, Inc. 597 F. 2d 220 (10th Cir. 1979) . 7,16 White v. District Court, 232 P.2d785 . 10 Wyatt v. Cole et. a]. 504 U. S. 158 . 11,32 Zyverden v. Farrar 393 P.2d468 (Utah 1964) fn5, 8 STATUTES 42U.S.C.1983 . 3 AMENDMENTS First Amendment . 33 RULES Utah Rules of Civil Procedure 12(a)(1) . 10,35 Federal Rules of Civil Procedure Rule 12 . 34 Utah Rules of Civil Procedure 12(b)(6) . 35 Federal Rules of Civil Procedure, Rule 12 . 11, 12 OTHER When the Courts of Limited Jurisdiction Yield to Ix Finality by Stephen Ludovici . 28 Moore's Federal Practice 3D 60-159 §60.44 . 36 CITATIONS TO THE OPINIONS BELOW The Tenth Circuit Order and Judgment is No. 17-4200, and was filed on August 2, 2018. (App. p 3) The federal District Court Order and Memorandum Decision is case No. 2:17-cv-00083, Dkt. 111,was dated November 29, 2017, and is listed in (App. p 41) The Magistrate Report and Recommendation is No. 2:17-cv-00083, Dkt 97 in the (App. p. 55) Utah's Eighth District Court Findings of Fact and Conclusions of Law December 3, 2008 (Case no. 080800143, App. p. 253) JURISDICTION The jurisdiction of this Court is invoked under 28 U. S. C. 1254 (1). The Tenth Circuit Court of Appeals entered judgment on August 2, 2018. OPINIONS BELOW This case began in Utah's Eighth District Court where the court ruled Anderson was a tenant, in spite of the fact his home was paid for. Petitioner contends that judgment is void as a matter of law on its face. Petitioner then went to Utah's Third District Court, but the Third District refused to mention "void judgment" or "due process." the Federal District Court in Salt Lake City Utah dismissed evoking the Rooker- Feldman Doctrine and other non jurisdictional issues. The Tenth Circuit reversed on the Rooker-Feidman because the Federal case was filed prior to the State cases becoming final, but allowed defendants to prevail on non-jurisdictional issues. RELEVANT PROVISIONS The Fourteenth Amendment states in part: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the law. The Fourth Amendment states: The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The First Amendment in relevant part states, Congress shall make no law.
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