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Simmons v. Akinbayo

Superior Court of Delaware

August 6, 2018

Eric Bernard Simmons,
v.
Kolawoli Akinbayo, Warden, H.R.Y.C.I,

          ORDER

          Charles E. Butler, Judge

         Eric Bernard Simmons was sentenced by the Court to a term of years in prison, following which he will be released to a detainer lodged by the State of Iowa where it is presumed he will serve another term of years. The Delaware sentencing occurred in September of 2017, and it appears that he will be in Delaware prisons until about 2024 before he is sent off to Iowa.

         In February of 2018, Mr. Simmons filed a handwritten Petition for a Writ of Habeas Corpus. In his Petition, Mr. Simmons argued that the Court "did not have in rem or quasi in rem jurisdiction over Trust res, nor personal jurisdiction over subject matter jurisdiction over Foreign Trust." A cursory examination of the criminal docket revealed that, whatever else he was arguing about, Mr. Simmons was properly and lawfully detained in a Delaware prison and the Habeas Petition was promptly dismissed.

         Then, in June of 2018, Mr. Simmons filed a document titled "Petition for the Redress of Grievances in the Nature of a Private International Administrative Remedy." It is addressed to the Superior Court of Delaware, specifically to the attention of President Judge Jurden.

         The document filed is a string of words and phrases with catchy legal i connotations-such as "proof of claim" and "conditional acceptance for value"- but it is otherwise gibberish. There is no pleading standard with which the Court is familiar that would require the Court to spend a day or two ruminating over whatever it is this "Petition" might be getting at. But because it was accepted by the Clerk and docketed under the same case number as the Habeas Petition, it is now on the Court's internal docketing clock and requires a ruling.

         The Petition is summarily DISMISSED.

         IT IS SO ORDERED.

         PETITION FOR THE REDRESS OF GRIEVANCES In the Nature of A PRIVATE INTERNATIONAL ADMINISTRATIVE REMEDY

         To: THE SUPERIOR COURT OF DELAWARE Attn: President Judge Jan Jurden 500 N. King St. Suite 500 Wilmington, Delaware 19801

         From: Eric-Bernard: Simmons 1301 E 12th Street Wilmington, Delaware [19801]

         FINAL NOTICE OF DEFAULT RES JUDICATA

         Declarant Eric-Bernard: Simmons, hereinafter known as "Declarant", or "Petitioner" states that he is competent to be a witness, that the Facts contained herein are True, Correct, Complete, and not misleading to the best of his firsthand knowledge and belief, under the penalties of perjury pursuant to the Laws of the De Jure United States of America.

         STATEMENT OF FACT

         A.) Respondent, in Respondent's Official Capacity as Chief Judge of the SUPERIOR COURT OF DELAWARE, was sent via Certified Mail Article Number:___, a PETITION FOR REDRESS OF GRIEVANCES in the nature of CONDITIONAL ACCEPTANCE FOR VALUE, hereinafter CAFV, that granted ...


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