DANIEL MARTINEZ--USFS

For background on this issue go here.



October 31, 2005 Certified Mail# 7005 0390 0001 6039 9314


Elaine Zieroth
P.O. Box 640
Springerville, Arizona 85938

NOTICE OF UNLAWFUL ACTIVITY

Notice to Agent is Notice to Principal
Notice to Principal is Notice to Agent


Dear Elaine Zieroth,

The criminal activity going on in Greenlee County Arizona i.e. the theft of my property, my cattle by you and your fellow United States Forest Service co-workers and their agents the Daryl Binghams are operating outside of Federal Territory and authority. Any government or its agency operating outside its territory and authority loses its sovereign immunity. You have been warned previously that USFS, its employee’s and agents, Arizona Dept. of Agriculture, Greenlee County Arizona and its public officials and employees have all acted outside their authority and jurisdiction. Every person is responsible for his or her own actions. As such every person who commits or aids in the commitment of these acts are individually liable to me Daniel Gabino Martinez for damages that result from their unlawful acts. This is a direct violation of the U.S. Constitution and the Arizona Constitution. The CFR’S you quote give you no authority. These rules are for Federal employees and I am not a federal employee or an employee of one of its political subdivisions.

I have warned you and expect you to honor your Oath of Office and to return my cattle to my property.

Respectfully,


Daniel Gabino Martinez/Victim/Non-Federal Citizen


CERTIFICATE OF SERVICE


I, Daniel Gabino Martinez, certify that on October 31, 2005 I served copies of the Attached letter herein after documents; by placing said documents properly enclosed in a sealed wrapped, postage prepaid, in a letterbox of the U.S. Post Office in the City of Santa Fe, New Mexico a depository under the exclusive care and custody of the United States Post Office Department, addressed to the following addresses listed below:

Mike Johanns
U.S. Dept. of Agriculture
1400 Independence Ave. SW
Rm. 200A Whitten Bld.
Washington, DC 20250

Mark Rey
U.S. Dept. of Agriculture
1400 Independence Ave. SW
Rm 200A Whitten Bld.
Washington, DC 20250

etc., etc.



October 31, 2005 Certified Mail# 7005 0390 0001 6039 9321

Alberto Gonzales, Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001

Dear Alberto Gonzales, Attorney General:


Subject: Notice of Criminal Activity
1. Theft of my property without a Court Order.
2. Violation of 5th and 14th Amendment Deprivation of Life, Liberty and Property without due process of law.
3. Deprivation of rights without delegation of authority.
4. Deprivation of rights under Color of Law.

You are here by put on NOTICE pursuant to Title 18 USC Sec. 4

Congress has enacted specific mandatory protections to prevent the unlawful imposition of CFR”S.
1. All information gathering forms must have an approved form number
2. The form number must display an approved and active OMB Control number;
3. The OMB number must identify the CFR part which is specific;
4. The regulation must enforce the specific statute of Title 36.

Daniel Gabino Martinez is not engaged in federally regulated activities, events or commodities. Greenlee county Arizona is not a Federal Territory. My ranch is not in the Federal Zone. Arizona has not ceded jurisdiction either exclusive or partial jurisdiction as required by 40 USC Sec. 3111 and 3112 and previous 40 USC Sec. 255.

It is clear from the actions of the Arizona Dept. of Agriculture and the United States Forest Service federal government officials, employee’s agents, and public officers, the Greenlee County Sheriff, The Greenlee County Attorney and the Greenlee County Board of Supervisors that they have acted above and beyond their scope of authority.

Daniel Gabino Martinez hereby makes demand on you, Alberto Gonzales, United States Attorney General to investigate the above government officials, employees, agents and public officers for the theft of my property, my cattle, without authority jurisdiction and without a COURT ORDER as required by law and the constitutions of both Arizona and the United States. Investigate the damages caused by these agents, officers and employees acting recklessly and intentionally in excess of statutory provisions and regulatory provisions.

I hereby Demand that you honor your Oath of Office to defend and support the Constitution for the de jure united States of America. In so doing, I DEMAND that you investigate the illegal acts of the above officials and cause to issue indictments and prosecute all suspected parties involved in this criminal activity. Also, investigate, indict, and prosecute all Unites States officials, employees, agents and public officers concerning their attempts to coerce me into relinquishing my unalienable rights from God.

I, Daniel Gabino Martinez declare under penalties of perjury under the laws of the united States of America that the foregoing is true and correct to the best of my knowledge, is made in good faith.


Daniel Gabino Martinez/Victim, Witness/ Arizona citizen

Exhibits Attached hereto:

1. Notice to impound dated: July 25, 2005
2. Memorandum of Understanding dated: October 3, 2005
3. Extortion demand dated: October 20, 2005
4. Extortion demand dated: October 31, 2005

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