Joseph Lopez pro se

35215 Candy Street

Westland, Michigan 48186

734 365 3725

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19^th District Court of Michigan

16077 Michigan Avenue, Dearborn, Michigan 48126

Chief Judge Virginia A. Sobotka , Judge William C. Hultgren, Judge Mark W. Somers

Mr. Doyne Jackson , Court Administrator

http://www.cityofdearborn.org/courts/index.shtml

Traffic Division phone: 313.943.2062

Notice of Motion

          To the district attorney, all parties, and counsel: Be advised that at the venue designated above, or at such other venue as the court may designate, I will demand that this case be dismissed for failure to prosecute. This motion will be based on the authority set forth herein and such further authority as I may present at that time or in an upgraded motion.

Memorandum of Authorities

          It appears that the prosecution was started with a complaint filed by someone other than the district attorney or his deputy. An ordinary citizen may not prosecute a case nor command its prosecution. Only the district attorney may prosecute. Linda R.S. v Richard D (1973) 410 U.S. 614 http://www.circuitlawyer.8m.com/linda.html Generally, only the district attorney may prosecute.

          The instant prosecution is apparently conducted by the court clerk. This prejudices the court against me. Also, the fees extracted from drivers in this court are partly paid to the court or to a fund/ well from which court salaries are paid. This violated the neutrality requirement enunciated by the court in Tumey v Ohio (1927) 273 U.S. 510

 http://www.lawyerdude.8k.com/Tumey.html

          The schedule of fines as depicted at

 http://www.cityofdearborn.org/courts/traffic.shtml constitutes a “bill of pains and penalties” which is forbidden by the U.S. Constitution as being a cousin of the “bill of attainder”. In America a person may only be found guilty and punished by a judge or jury. Furthermore the judge and court may exercise only one role; neither the court clerk nor the judge may prosecute the case. Asking questions of the police officer constitutes prosecution. No man can serve two masters. No man can do the two jobs of prosecutor and judge simultaneously. Even if he could, it would nonetheless violate my right to a neutral judge. The procedure obviously anticipated in the instant case constitutes a violation of my constitutional rights and mandates immediate dismissal. Also it is actionable under 42 USC 1983 et seq.

Signed: ______________________ Joseph Lopez, pro se.

Proof of Service

          Since there is no prosecutor except the clerk, service of process is simpler. I (print your name) _______________ declare under penalty of perjury that I served this paper upon the clerk’s office at the court house in person at the following time and date: _______

I so declare.

Signed (Signature of person serving the paper.) ___________________________

Date: ______________________

          Feudalism and Inquisitorial methods are natural. I am blessed to live under a constitution which forbids Inquisitorial methods. However, the price of liberty is eternal vigilance. The Spanish Inquisition and the Star Chamber are notorious historical methods that are still used today - in the trial of Saddam Hussein, for example, they use inquisitorial methods. By stealthy encroachment our government takes away our rights and sells them back to us as licenses. I am ever mindful of stealthy encroachment such as the evolution of court into an inquisition - as distinguished from an adversarial process. The inquisitorial method that you would use on me is unconstitutional. I am entitled to an adversarial process. If the government chooses to spend no money on prosecution then your remedy of an Inquisition is not available as a remedy. The remedy is dismissal for want of prosecution.

Signed: ______________________ Joseph Lopez, pro se. Date: _______

Proof of Service

          Since there is no prosecutor except the clerk, service of process is simpler. I (print your name) _______________ declare under penalty of perjury that I served this paper upon the clerk’s office at the court house in person at the following time and date: _______

I so declare.

Signed (Signature of person serving the paper.) ___________________________

Date: ______________________