Docket Number: 1:07-cv-10085-GAO Document 3-1 Filed 01/23/2007

UNITED STATES DISTRICT COURT
DISTRICT, M***ACHUSETTS


OFUME FAMILY (PHILLIP OFUME, et al)
)
)
Applicant/Plaintiff )
) )
v. ) C.A.
No. 07-10085-GA0

1. US DEPARTMENT OF HOMELAND SECURITY )
)
2. THE HONOURABLE GOVERNOR OF M***ACHUSETTS )
)
3. THE LIEUTENANT-GOVERNOR OF THE STATE OF
M***ACHUSETTS )
)
4. THE LANDLORDS OF 8 HALL AVENUE, BRAINTREE, MA )
)
5. LAW OFFICES OF SAM OSAGIEDE & ***OCIATES,
MA )

6. THE PRESIDENT OF THE UNITED STATES OF AMERICA )
)
7. THE SECRETARY OF STATE OF THE UNITED STATES OF
AMERICA )
)
8. THE CHURCH OF JESUS CHRIST OF LATTER-DAY
SAINTS )
)
9. BRAINTREE FIRE DEPARTMENT, M***ACHUSETTS )

Respondents/
Defendants
__________________________________________________ _____



__________________________________________________ _____________________________

NOTICE OF MOTION TO THE COURT FOR ORDER PERMITTING DR. PHILLIP OFUME
TO PROCEED PRO SE AS OFUME FAMILY AND/OR UNDER SELF-REPRESENTATION,
DR. OFUME TO ACT AS REPRESENTATIVE AND ADVOCATE FOR THE OFUME FAMILY
WITH THE ELONGATION OF REPRESENTATION TO INCLUDE PHILLIP OFUME, MRS.
MAUREEN OFUME AND OFUME CHILDREN PURSUANT TO THE UNITED NATIONS LAWS
REFERRED IN SUBPARA 1(a) OF THE PLAINTIFF'S COMPLAINT AND TITLE 28
U.S.C. SEC. 1654 (STATUTE) AND IN ACCORDANCE WITH THE FOLLOWING
CASELAW: ELMORE v. MCCAMMON (1986) 640 F.SUPP. 905,911); FARETTA v.
CALIFORNIA, 422 U.S. 806 (1975); MARTINEZ v. COURT OF APPEAL OF
CALIFORNIA, 120 S.Ct. 684, 688 (2000); JUSTICE LOUIS BRANDEIS,
WHITENEY v. CALIFORNIA, 274 US AT 375; OLMSTEAD v. U.S., 277 US at
485. (1928); BUDD v. PEOPLE OF THE STATE OF NEW YORK, 143 U.S. 517
(1892); HAINES v. KERNER (1972) 404 U.S. 519,520 (PER CURIAM); HUGHES
v. ROWE (1980) 449 U.S. 5,15 (PER CURIAM); FOSTER v. MURPHY 686 F.SUPP.
471,474 (1988); O'CONNOR v. UNITED STATES (1987) 669 F. SUPP.
317,324; BOUNDS v. SMITH, 430 U.S. 817 (1977); PATRICIA MACHADIO v.
KENNETH S. APFEL, (COMMISSIONER OF SOCIAL SECURITY (DOCKET NO. 01-6093
- UNITED STATES COURT OF APPEALS - SECOND CIRCUIT) AND RELATED
DOMESTIC AND INTERNATIONAL POOR PEOPLES' CONSTITUTIONAL RIGHTS
LEGISLATION.
__________________________________________________ ______________________

TAKE NOTICE pursuant to the Order of The
Honourable Justice George A. O'Toole, Jr. United States District Judge
dated/issued on January 23, 2007, the Applicant/Plaintiff, Dr. Phillip
Ofume who is one of the Plaintiff hereby on behalf the Plaintiff, the
Ofume family apply to the Court for leave, in accordance with the
above mentioned legislative mechanism for an order permitting Ofume
family to proceed pro se and/or under self-representation, thus Dr.
Ofume to act as the Representative and Advocate for the Plaintiff
(Ofume family) with specific authorization to represent the Plaintiff,
Phillip Ofume, Mrs. Maureen Ofume and Ofume children all of which is
listed in the Plaintiff's statement of Complaint to this Court or such
further or other order as the Court may deem appropriate to erect and
uphold justice, human rights and freedoms in this part of the world;

AND TAKE NOTICE that the said motion shall be
made on the following grounds:

1. That notwithstanding failure of some governments and their
agencies to recognize Dr. Phillip Ofume as part of the Bar community
and ***ociation due to political persecution and alliance, the proven
formal and informal law base academic and professional qualifications
and achievements of Dr. Ofume are sufficient for this Honourable Court
under the constitutional rights and exemplary democracy of the United
States of America to recognize Dr. Ofume and be moved from the
Laypeople or unlearned people circle to unlearned people circle.
". . . the right to file a lawsuit pro se is one of the most important
rights under the '(US)' constitution and laws." (Elmore v. McCammon
(1986) 640 F.Supp. 905,911).

2. To effectively proceed pro se for himself, Mrs. Maureen Ofume and
Ofume children, Dr. Ofume has strings of academic and professional
qualifications including but not limited to Doctorat du 3e Cycle(DEA,
DEP), Ethics, Universite Catholique, Lyon France; Doctorat du 3e
Cycle(DEA), Panafricanism(Politics in Africa and African Politics)
Universite Jean Moulin Lyon III France; Scolarite au Doctorat du 3e
Cycle(S.Dr. - Comparative Philosophy/Philosophy of Science) Universite
Catholique, Lyon France; M.Phil. Anthropological and Ethnological
Research, Universite Catholique, Lyon France; BA, General Philosophy,
Universite Catholique, Lyon France; Dip. (French) Ecole Pegue Geneva
Switzerland/Universite Claude Bernard Lyon II France; FIAM(Business
Administration) Institute of Administrative Management of Nigeria;
CDCL(Public Administration) Institute of Administrative Management of
Nigeria; M.Sc.(Labour Science -Completed one Year) Universite Jean
Moulin Lyon III France; NCMP - Mediation, Dalhousie University Law
Faculty/Henson College Nova Scotia; NCMP - Negotiation and Conflict
Resolution, Dalhousie University Faculty of Law/Henson College Nova
Scotia; NCMP Advanced Mediation- Dalhousie University, Faculty of Law/
Henson College Nova Scotia; Different Certificates of Computer
Sciences; etc. and on-going Juris Doctor and Ph.D. (Ministry) and
experienced in advocacy, defence, solicitation and representation
inside and outside the law courts and campaign for civil liberties in
over 16 countries (see further resume/profile of Dr. Ofume: http://
groups-beta.google.com/group/ soc.org.nonprofit/ topics?start=
10&hl=en&sa=N). To respect the cruel command and directions of the
Canadian/Nigerian government, politicians, leaders, domestic and
foreign oil/gas companies and their allies, thus on September 29, 2005
the 1st Defendant forcibly impounded, seized and permanently hold
possession of the above short listed academic and professional
qualifications and other documents and materials.

3. In Canada; US Immigration Court, Boston MA; at the United Nations;
etc the Order as to Pro Se or Dr. Phillip C. Ofume to act as Advocate/
Representative for Phillip Ofume, Mrs. Maureen Ofume, Ofume Children,
Non-governmental Organizations (NGOs) and poor people was variously
requested and granted accordingly in the manner following:

(a) That under the longstanding political action, mistreatment and
hardship stated in paragraphs 6, 7, 8 and 9 below, thus formally and
informally for over 24 years the head of the Ofume family, Dr. Phillip
Ofume has been reading, researching, investigating and practicing law
from country to country without income even when the operating State,
provincial and national Bar Society/***ociation challenged him through
the law courts.

(b) In Canada, the Nova Scotia Bar Society laid ambush in the
matter of Maureen Ofume v. Halifax Regional Municipality (Nova Scotia
Supreme Court) to originate counter-claim to stop Dr. Phillip Ofume
from acting/representing Mrs. Maureen Ofume. The Counter-Claim was
heard by The Honourable Justice McAdam. Nova Scotia Bar Society lost
the case and appealed to the Nova Scotia Court of Appeals. Before a
three Jury hearing in the Nova Scotia Court of Appeals hand down a
waterproof judgment of over 24 pages. The Nova Scotia Bar Society lost
with costs of $500.00. The Judgment indirectly/directly made Dr. Ofume
Advocate/Representative/Solicitor without border across the Canadian
law courts and other legislative circle.

(c) At the United Nations one of the best Law Professors and
lawmakers, His Excellency The Honourable Amb***ador Maurice Gliele-
Ahanzhanzo has make strong and excellent remarks in support of the
proven and outstanding efficiency of Dr. Ofume in advocacy,
solicitation and representation. See Ref. E/CN.4/2001/21 http://
www.unhchr.ch/->documents->charter-based bodies->commission on human
rights-> UNITED NATIONS Economic and Social Council Fifty-seventh
session Item 6 of the provisional agenda.

(d) On January 30, 2007 at 8.30 a.m. The Presiding Honourable
Justice in the US Immigration Court, Boston M***achusetts heard and
granted the longstanding highly contested Motion (February 15, 2006
through January 30, 2007) as to permission to grant Dr. Ofume PRO SE
Order to represent himself, Mrs. Maureen Ofume and Ofume Children.

(e) Under international law education and practice cooperation, the
Commonwealth of M***achusetts Board of Bar Examiners evaluated Dr.
Ofume's law and other educational and professional qualifications and
experiences and issued certification which allows Dr. Ofume to do
Juris Doctor and Multi-state Responsibility Examination as path to US
or M***achusetts Bar. The purpose of this certification relates to
wise decision to put Dr. Ofume into the check/balance of the Bar and
the rules and regulations of the Bar and practice. The Prime
Ministers of Canada and their Bar and government lack constitutional
rights and democratic impetus to act wisely and
correctly.

4. The decision taken by Dr. Ofume to read and practice law is
purposefully and conscientiously taken under pro bono, in forma
pauperis and other conditions to defend the Ofume family, members of
the Ofume family's Non-governmental Organizations (NGOs), oppressed
governmental Organizations (GOs) and poor and low income peoples
inside and outside the United States including ***isting leaders,
lawmakers, politicians and entire human society to design policies and
practices.

5. That in addition to the academic and professional resume/profile
of Dr. Ofume stated in para 1 above, in 1998 Dr. Ofume applied to read
LAW formally in all Canadian law schools but overwhelmingly sanctioned
and blocked by the Prime Minister of Canada, Rt. Honourable Jean
Jacques Chretien. Informally, Dr. Ofume enrolled to do private law
studies and practicing at the same time, thus excelling across several
contentious cases especially, Ofume v. RadioShack InterTAN Canada
Limited et al (Volume of Claim: $2.5Billion); NGOs v. Government of
Nova Scotia; Ofumes v. Canadian Imperial Bank of Commerce (CIBC -
highly contested Mortgage lawsuit with premature and no fault
foreclosure); Ofumes v. Citadel Insurance Company; NGOs and Ofumes v.
Federal Government of Canada at the United Nations; etc. Dr. Ofume
registered with the Legal Department - Citadel Insurance Company,
Canada and further perfected the terrain of my study/practice by way
of walk-in law research and investigation (law schools, libraries,
private/public consultations, etc.). At the United Nations, it
surprised Judges; lawmakers; politicians; NGOs; GOs; and domestic and
international advocates, solicitors and representatives that within
less than four (4) years (1999 - 2003), Dr. Ofume has been able to
lead NGOs and Ofume family to secure three (3) United Nations Special
Rapporteurs and three (3) major United Nations Reports. In part see
Ref. E/CN.4/2001/21 http://www.unhchr.ch/->documents->charter-based
bodies->commission on human rights-> UNITED NATIONS Economic and
Social Council Fifty-seventh session Item 6 of the provisional agenda
and UNCERD (Committee on the Elimination of Racial Discrimination:
Canada 23/08/2002 CERD/C/61/CO/3. (Concluding Observations/ Comments).

6. That December 1996 - present, Dr. Ofume and the Ofume family
have been political and convention Refugees, Stateless persons, Former
Prisoners of Conscience adopted by the United Nations High Commission
for Refugees (UNHCR) and Amnesty International. The family has
suffered acute and severe forms of torture; persecution; detention;
sanction; imprisonment; embargo; forcible seizure of goods, cash and
properties; poisonous chemically borne g***ing; poisoned food and
water; terrorist forms of discrimination and related cruelty designed
to kill the Ofume family and impede the Ofume family's civil rights
work, access to right to services and right to become the first
President of Nigeria hail from the Niger Delta Region of Nigeria. 1996
- present the case of the cruelties directed against the Ofume family
inside and outside the state of M***achusetts has become world record
(unrecognized) because it is the ONLY asylum and political persecution
case of harsh cruelty suffered by single nuclear family without income
or employment/self-employment that have exhausted domestic mechanism
(Mediation, Boards, Commissions, Tribunals, Provincial/State Supreme
Law Courts, Tax/Small Claim Law Courts, Court of Appeals, Federal Law
Courts, Supreme Court - Canada) and international mechanism (United
Nations - 1999 - 2003 able to secure three UN Special Rapporteurs and
three major UN Reports). These cruelties against the Ofume family or
Plaintiff are sponsored by the past and present Canadian/Nigerian
governments and their allies using the Defendants as local agents and
agencies to implement the cruelties litigated.

7. In the hands of the Defendants' SECRET TORTURE DETENTIONS/PRISONS
and score of embargoes and sanctions, the Plaintiff, the Ofume family
has been suffering under over 98% zero-income condition purpose of
creating murder squad without stitches and political handcuff to the
extent that payment of bus fare and Attorney/Client contingency
agreement are impossible because of the outside and inside disruptive
political engagements by the Canadian/Nigerian politicians and
governments and their agencies and allies. Under the zero-income of
the Ofume family, there is no other way to move the Complaint forward
and get justice other than PRO SE AS OFUME FAMILY under the free
representation of Dr. Ofume because the pro bono services
discriminates civil litigations.

8. Local Attorneys further advised, "even if you pay down payment
50% fee off front our attorneys will not use international laws to
argue cases in the US"(off-record). The Plaintiff was very surprised
because the case will be half argued without UN International laws.
Some local attorneys said, "we are not used to foreign laws in arguing
domestic cases...but we use similar constitutional right legislation
which is domestic"(off-record)". Same manner the attorneys in the
Plaintiff's asylum case declined to take Plaintiff's case because of
the UN international legislative connection.

9. In April - May 2006 in the third SECRET TORTURE DETENTION/
PRISON the action in the SUPERIOR COURT, LAWRENCE, M***ACHUSETTS
(Ofume v. DTA Civil Docket Number ESCV2006-00381) forced the Defendant
(Department of Transitional ***istance - DTA) or 1st, 2nd, 3rd, 6th,
7th, and 8th Defendants to issue minimum food stamps to the under-14
years children of the Ofume children without cash and other ***istance
then to the Ofume family of 8 members - 6 children (2 years to 18
years) and 2 adult parents. The honorable court is requested to
conduct Judicial Inquiry or Inquest to know what is required in both
ancient and modern times to carter or maintain this type of large
family with several children. The Presiding Honourable Justice Diane
M. Kottmyer (SUPERIOR COURT, LAWRENCE M***ACHUSETTS - In the Matter:
Ofume v. DTA) was firm to her Order/Decision that "immigration status
determines the right to benefits, the matter is remanded to the
Department for a hearing as soon as possible to determine immigration
status and right to benefits". The DTA did not appeal and did not heed
or respect the decision/order of The Presiding Honourable Justice
Diane M. Kottmyer including contesting the immigration status of the
Ofume family which is political and convention Refugee, Stateless
person, Former Prisoner of Conscience adopted by the United nations
High Commission for Refugees (UNHCR) and Amnesty International and use
the same pattern of transitional ***istance given to other Refugees,
Stateless persons, Former Prisoners of Conscience adopted by the
United nations High Commission for Refugees (UNHCR) and Amnesty
International.

AND FURTHER TAKE NOTICE

10. That in support of this Motion will be read the Plaintiff's
Notice of Motion to the Court for Order permitting Dr. Phillip Ofume
to proceed PRO SE AS OFUME FAMILY.

11. Reference to Plaintiff's Complaint be made verbatim. A true copy
of the Complaint is filed with the court and such other material as
the Plaintiffs or Advocate/Representative may advise in the
circumstance.

13. Reference is requested to be made to all the caselaw, domestic
and international legislative mechanisms in support of the Plaintiff's
Motion and Complaint.

14. Reason Order is sought is of great public interest because it
breaks an overwhelming lesson to legal and non-legal communities
especially pro se litigation.

15. Very good reason that several Attorneys may hide evidence because
of the confusion about what and what are legal and illegal under state
security and dictatorship, professional or corporate responsibility
and/or scared of the iron canes of the authorities in office, it is
therefore great advantage to the performance of the Constitutional
Democracy and Judiciary, Rule of Law, Justice, Human Rights and
Freedom for the Law Courts with jurisdiction to hear directly from the
sources of the victims of imprisonment, detention, torture,
persecution, human rights violation and related intolerance.

16. See ". . . the right to file a lawsuit pro se is one of the most
important rights under the constitution and laws." Elmore v. McCammon
(1986) 640 F.Supp. 905,911; Judge Roderic Duncan, of the Alameda
County Superior Court sent what he describes as "a slam-dunk case of
perjury" to the D.A. Judge Duncan (also see www.nolo.com); Justice
Louis Brandeis, "An unconstitutional act is not a law; it confers no
rights; it imposes no duties; it affords no protection; it creates no
office; it is in legal contemplation, as inoperative as though it had
never been p***ed." Whitney v. California, 274 US at 375 and Norton
v. Shelby County, 118 US 425(1885); See BORKIN, The Corrupt Judge,
NY Clarkson N. Potter, 1962 p.189; Justice Louis Brandeis, "It will be
an evil day for American liberty if the theory of a government outside
of the supreme law of the land finds lodgment in our constitutional
jurisprudence. No higher duty rests upon this court than to exert its
full authority to prevent all violation of the principles of the
Constitution." Downes v. Bidwell, 182 U.S. 244 (1901), Harlan
dissenting; Justice Louis Brandeis, "Our government is the potent, the
omnipresent teacher. For good or for ill, it teaches the whole people
by its example. Crime is contagious. If the Government becomes a
lawbreaker, it breeds contempt for law: it invites every man to become
a law unto himself; it invites anarchy. To declare that in the
administation of the criminal law the end justifies the means - to
declare that the Government may commit crimes in order to secure the
conviction of a private criminal - would bring terrible retribution.
Against that pernicious doctrine this Court should resolutely set its
face" Olmstead v. U.S., 277 US at 485. (1928); Justice Louis Brandeis,
"Men are endowed by their Creator with certain unalienable
rights,-'life, liberty, and the pursuit of happiness;' and to 'secure,
' not grant or create, these rights, governments are instituted. That
property which a man has honestly acquired he retains full control of,
subject to these limitations: First, that he shall not use it to his
neighbor's injury, and that does not mean that he must use it for his
neighbor's benefit; second, that if the devotes it to a public use, he
gives to the public a right to control that use; and third, that
whenever the public needs require, the public may take it upon payment
of due compensation." Budd v. People of the state of new York, 143
U.S. 517 (1892); Justice Louis Brandeis, "Among these unalienable
rights, as proclaimed in that great document, is the right of men to
pursue their happiness, by which is meant the right to pursue any
lawful business or vocation, in any manner not inconsistent with the
equal rights of others, which may increase their prosperity or develop
their faculties, so as to give to them their highest enjoyment. The
common business and callings of life, the ordinary trades and
pursuits, which are innocuous in themselves, and have been followed in
all communities from time immemorial, must therefore be free in this
country to all alike upon the same conditions. The right to pursue
them, without let or hinderance, except that which is applied to all
persons of the same age, sex, and condition, is a distinguishing
privilege of citizens of the United States, and an essential element
of that freedom which they claim as their birthright. It has been well
said that 'THE PROPERTY WHICH EVERY MAN HAS IN HIS OWN LABOR, AS IT IS
THE ORIGINAL FOUNDATION OF ALL OTHER PROPERTY, SO IT IS THE MOST
SACRED AND INVIOLABLE. The patrimony of the poor man lies in the
strength and dexterity of his own hands, and to hinder his employing
this strength and dexterity in what manner he thinks proper, without
injury to his neighbor, is a plain violation of this most sacred
property. It is a manifest encroachment upon the just liberty both of
the workman and of those who might be disposed to employ him. . . The
right to follow any of the common occupations of life is an
inalienable right, it was formulated as such under the phrase 'pursuit
of happiness' in the declaration of independence, which commenced with
the fundamental proposition that 'all men are created equal; that they
are endowed by their Creator with certain inalienable rights; that
among these are life, liberty, and the pursuit of happiness.' This
right is a large ingredient in the civil liberty of the citizen. To
deny it to all but a few favored individuals, by investing the latter
with a monopoly, is to invade one of the fundamental privileges of the
citizen, contrary not only to common right, but, as I think, to the
express words of the constitution. It is what no legislature has a
right to do; and no contract to that end can be binding on subsequent
legislatures. . ." Butchers' Union Co. v. Crescent City Co., 111 U.S.
746 (1884)

RELIEF

17. The Plaintiff request accelerated or emergency hearing, on-going
Motion and Complaint including moving the Motion and Complaint to FAST
TRACK or DOCKET because of the condition of the Plaintiff . The
renewed cruelty of the Defendants shows that they intend to terminate
the life of the Plaintiff,

a. In third SECRET TORTURE DETENTION/PRISON (33 Arlington Street #1
Lynn, M***achusetts 01901, the Defendants have started some dangerous
action which they put in place prior to burning down the second SECRET
TORTURE DETENTION/PRISON (8 Hall Avenue, 2nd Floor Braintree,
M***achusetts 02184). In third SECRET TORTURE DETENTION/ PRISON (33
Arlington Street #1 Lynn, M***achusetts 01901, people in America
relayed together to facilitate the connection of community base
telephone (Comcast) and provided minutes to the Plaintiff's cellular
telephone (T-Mobile).

b. The Plaintiff continued to make over-payment to keep these
communications, the providers disconnected the telephone
(781-842-1225) and persistently removed the minutes soon as the
minutes are bought and entered into the cellular phone. Similar to the
action in the second SECRET TORTURE DETENTION/ PRISON by the Braintree
Community, the Plaintiff discovered that some people in Lynn Community
is dissatisfied with the action of the Defendants and started raising
its voice and telephoning the Plaintiff. The presence of the Pre-Paid
Legal Services, Inc.; and external attorneys and Members of the
National Conscience Party (NCP); International Political Campaign for
Election 2007; moral support from the NIGER DELTA REGION OF NIGERIA;
intent to kill without stitches; etc are behind the induced steps to
disconnect and shutdown entire communications.

c. One of the cruel action taken in the second SECRET TORTURE
DETENTION/ PRISON (8 Hall Avenue, 2nd Floor Braintree, M***achusetts
02184) prior to the suspected arson is drafting of tugs into the
premises and building to engage in har***ment activities (banging here
and there to generate loud noise capable of waking up and causing
terrible headache and other pains for children and adults - in order
to create domestic brawl).

d. The children and the new born baby hardly get slight sleep during
the majority of the loud noise 24 hours/day. The Plaintiff and its
NGOs do not engage in inbound and outbound fights, protests and other
forms of brawl. Complaint has been filed against Comcast but the
Department of Communications and Energy neglected, failed and refused
to set down the complaint for hearing.

18. Applicant/Plaintiff request the court to grant motion because the
motion is the basis upon which the Complaint will move forward and
succeed.

19. The content of the Plaintiff's Complaint is case of great
domestic and international public interests and will be a major
caselaw inside and outside the United States of America because it
relates the cruelties of state and non-state agencies - confining,
detaining and imprisoning innocent and armless children, men and
women.

20. Applicant/Plaintiff request the court to grant Motion and
Complaint because the first, second and third SECRET TORTURE
DETENTIONS/ PRISONS and the cruelties suffered by the Plaintiff have
sufficient evidence and eyewitnesses. The victims or Plaintiff and
people that saw or observed the first, second and third SECRET TORTURE
DETENTIONS/ PRISONS and the cruelties suffered thereon are still alive
and preparedly on sight. Few children, men and women that were
confined in such terrible SECRET TORTURE DETENTIONS/ PRISONS would
survive the ordeal.

21. That due the Plaintiff's zero income, sanction and embargo
conditions as to costs for litigation and other costs pending
determination of the Plaintiff's Complaint, the Plaintiff requests
court for urgent injunctive relief such as Interim Employment
Authorization, Legal Aid and other approved minimum US Domestic and
the United Nations Humanitarian ***istance.

22. The Plaintiff's Complaint is made up of twenty one (21)
paragraphs. During the preliminary screen action; verifications; cross
defense or pleading; discovery; and final hearing, the Plaintiff will
be ready to defend all the 21 paragraphs with evidence including
several eyewitnesses now inside and outside the scene of cruelties.


ISSUED at Lynn, M***achusetts, this 31st day of January, 2007

______________________
Phillip C. Ofume, Ph.D. - Representative/Advocate for the Ofume
Family

For: Dr. Phillip C. Ofume, and Mrs. Maureen N. Ofume
and seven children (7th unborn),
33 Arlington Street, Suite 1
Lynn, M***achusetts 01902
E-mail: EMAIL REMOVED, global
EMAIL REMOVED
Websites " Dr. Phillip Ofume"

TO:

Sarah Allison Thornton - Clerk of Court
UNITED STATES DISTRICT COURT
DISTRICT, M***ACHUSETTS
1 Courthouse Way
Boston, M***achusetts 02210

Copies to:

1. President George W. Bush - President of the United States of
America
2. Vice- President Richard Cheney - Vice-President of the United
States of America
3. The Honourable Secretary Condoleezza Rice, - US Secretary of State
4. The Honourable Secretary Michael Chertoff - U.S. Department of
Homeland Security
5. The Honourable Secretary Alberto R. Gonzales -US Secretary of
Justice and Attorney General
6. The Presiding Honourable Justice Diane M. Kottmyer-The Lawrence
Superior Court - Appeals Court
7. Senate Majority/Minority Leaders
8. The Honourable Secretary - Department of Health and Human Services
9. US ***istant Secretary of State for Population, Refugees, and
Migration Department of State
10. Mr. Pierre Imbert -Director - MORI
11. Dr. Nguyen Van Hanh - Director - Hqrs Office of Refugee
Resettlement
12. Director of the Bureau of Citizenship and Immigration Services
(BCIS)
13. Department of Homeland Security - Litigation Unit, Boston MA -US
DEPARTMENT OF JUSTICE
14. The Honourable Governor of M***achusetts
15. Thomas H. Driscoll Jr. - Clerk of the Courts & Phillip M***a -
***istant Clerk
The Lawrence Superior Court - Appeals Court
16. Mr. Larry Levine - Counsel for Legislative and Public Affairs, US
Department of Justice
17. American Civil Liberty Union
18. Mr. Kofi Annan, former UN Secretary-General
19. His Excellency the Honourable Maurice Gliele-Ahanzhanzo, United
Nations Special Rapporteur on Racism, Racial Discrimination,
Xenophobia and Related Intolerance;
20. Secretary-General, Amnesty International (London, UK);
21. The Speaker, Canadian House of Commons/ Rt. Hon. Prime Minister
of Canada
22. His Excellency, Mrs. Mary Robinson, Former United Nations High
Commissioner, UN High Commission for Human Rights;
23. OECD countries - Australia, Greece, Norway, Austria, Iceland,
Portugal, Belgium, Spain, Canada, Italy, Sweden, Denmark, Japan,
Switzerland, Finland, Ireland, Luxembourg, Turkey, France,
Netherlands, United States, Germany, New Zealand, and United Kingdom.
24. Mr. Kenneth Roth, Executive Director, Human Rights Watch, New
York
25. The Director-General UNICEF International
26. His Excellency, UN High Commissioner for Refugees, Geneva.
27. Africa Information Center - International Coalition Project
28. Executive - Director, Human Rights Watch (Canada)
29. Secretary-General, European Union
30. Secretary-General, AU
31. Secretary-General, Commonwealth
32. Director-General - UNESCO
33. Director -General, UNDP
34. Director-General , WHO
35. Supreme Court of Canada and other Law Courts in Canada
36. International Criminal and Civil Courts of Justice, Hague The
Netherlands
37. Secretary-General, Amnesty International (Canada);
38. Other lawmakers of the United States of America
39. Central Intelligence Agency - CIA - Boston, MA & Washington DC.
40. Federal Bureau of Investigation - Boston, MA & Washington DC.
41. Department of Homeland Security - Litigation Unit, Boston MA, US
DEPARTMENT OF JUSTICE - Executive Office for Immigration Review
42. Through: The Secretary of the MA Commonwealth To: The Lieutenant
Governor of M***achusetts
43. Through UN Secretary-General To: State Members of the United
Nations
ETC.




__________________________________________________ _____


Docket Number: 1:07-cv-10085-GAO Document 3-1 Filed 01/23/2007

UNITED STATES DISTRICT COURT
DISTRICT, M***ACHUSETTS


OFUME FAMILY (PHILLIP OFUME, et al)
)
)
Applicant/Plaintiff )
) )
v. ) C.A.
No. 07-10085-GA0

1. US DEPARTMENT OF HOMELAND SECURITY )
)
2. THE HONOURABLE GOVERNOR OF M***ACHUSETTS )
)
3. THE LIEUTENANT-GOVERNOR OF THE STATE OF
M***ACHUSETTS )
)
4. THE LANDLORDS OF 8 HALL AVENUE, BRAINTREE, MA )
)
5. LAW OFFICES OF SAM OSAGIEDE & ***OCIATES,
MA )

6. THE PRESIDENT OF THE UNITED STATES OF AMERICA )
)
7. THE SECRETARY OF STATE OF THE UNITED STATES OF
AMERICA )
)
8. THE CHURCH OF JESUS CHRIST OF LATTER-DAY
SAINTS )
)
9. BRAINTREE FIRE DEPARTMENT, M***ACHUSETTS )

Respondents/
Defendants
__________________________________________________ _____



__________________________________________________ _____

NOTICE OF MOTION (EX-PARTES - APPLICATION) TO THE COURT FOR ORDER
PERMITTING DR. PHILLIP OFUME TO PROCEED IN FORMA PAUPERIS (AND)
PURSUANT TO TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V -
PROCEDURE CHAPTER 123 (FEES AND COSTS) SEC. 1915 (PROCEEDINGS IN FORMA
PAUPERIS ); 28 U.S.C. SEC. 1915 (e) (2) - SCREEN ACTIONS AND RELATED
DOMESTIC AND INTERNATIONAL UNITED NATIONS AND AMERICA'S
CONSTITUTIONAL RIGHTS LEGISLATIONS.
__________________________________________________ ____________________________

TAKE NOTICE pursuant to the Order of The
Honourable Justice George A. O'Toole, Jr. United States District Judge
dated/issued on January 23, 2007 in paragraphs 3 and 4, the Applicant/
Plaintiff, Dr. Phillip Ofume who is one of the Plaintiff hereby on
behalf the Plaintiff, the Ofume family apply to the Court for leave,
in accordance with the above mentioned domestic and international laws
or as stated in subparagraph 1 (a) of the Plaintiff's Complaint for
an order permitting Ofume family to proceed IN FORMA PAUPERIS in
accordance with 28 U.S.C. sec. 1915(a)(1) and grant Complaint after
LAW COURT SCREEN ACTIONS pursuant to 28 U.S.C. sec. 1915 (e) (2)
because of the severe acute physical and psychological tortures;
political and other persecutions; inhumane and dangerous lockup
policies/practices in the first, second and third SECRET TORTURE
DETENTIONS/PRISONS; deprived aids including job authorization, social
security, identification cards, child benefits, freedom of movement
and ***ociation, etc; deprived other civil liberties; suffered
seizures and forcible possession of the Plaintiff's properties and
goods; harsh starvation (October 12, 2005 to April 2006); forced the
entire Plaintiff's family into street begging for food, money, prison/
detention utensils, etc in poor communities; same time defendants
infiltrated the communities to misinform the communities that the
Plaintiff is terrorist and criminal (to create severe and broad base
ex-communication) and as such no donation be made to the Plaintiff;
etc or such other order as the Court may deem appropriate to set the
plaintiff free and close and sanction the unlawful SECRET TORTURE
DETENTIONS/ PRISONS and endless or persistent detention/imprisonment
of the Plaintiff and enable justice, human rights and freedoms reign
or thrive in this part of democracy and/or convince people that have
been and will be reviewing democratic institution, culture and theory
across the world;

AND TAKE NOTICE that the said Motion shall be
made on the following grounds:

1. REASON FOR ORDER ALLOWING THE PLAINTIFF TO PROCEED IN FORMA
PAUPERIS:

a. That the Plaintiff is insolvent and in the extreme and deadly
poverty edge and severe acute conditions of PAUPERIS or POVERTY
suspected to be more severe than any inmates or prisoners/detainees in
other detention/prison facilities across the United States of America
for the following reason ( hereto attach is completed Application to
Proceed In Forma Pauperis or Application to Proceed Without Prepayment
Fees and Affidavit pursuant to 28 U.S.C. sec. 1915(a)(1)):

i. the household of the Plaintiff is made up of seven children (age
now: 2 months to 19 years) and two parents and other adult all of
which remain detained/imprisoned from time to time up to present time
in three secret torture detentions/prisons stated in Plaintiff's
Complaint without right to services purpose of enforcing the
Defendants' cruel sanction/embargo in the SECRET TORTURE DETENTIONS/
PRISONS variously located at Boston Logan Hilton Hotel (September 29,
2005 - October 12, 2005); 8 Hall Avenue, 2nd Floor Braintree,
M***achusetts 02184 (October 12, 2005 - January 27, 2006) and 33
Arlington Street, Lynn, MA 01902 (February 3, 2006 - present). See
the conditions of the three SECRET TORTURE DETENTIONS/PRISONS and the
Plaintiff in paragraphs 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, and
19 of the Plaintiff's Complaint.

ii. to block "jail break" or escape from the SECRET TORTURE
DETENTIONS/PRISONS, the Defendants have sanctioned and embargoed the
Plaintiff's access to right to communications, job authorization,
child benefits, social security, right to open and operate bank
accounts, identification cards, transitional ***istance, UN Travel
Documents/P***port, Flight Tickets, Academic and professional
qualifications, setup close and direct community, national and
international ex-communication, etc. In June 2006, in Phillip Ofume v.
Registry of Motor Vehicles, the Order/Decision of the M***achusetts
Division of Insurance forced 1st, 2nd and 3rd Defendants to issue one
social security and M***achusetts Identification Card to ONLY the head
of the Ofume family. These documents enabled the head of the Ofume
family to open bank accounts but swiftly the 1st, 2nd, 3rd , 6th ,
and 7th Defendants placed secret blocks on the accounts and prevented
routing of money into the account. Money received were returned to
senders. Bank officials that issued information on phone exposed the
cruelties of the Defendants;

iii. and to further block "jail break" or escape from the SECRET
TORTURE DETENTIONS/ PRISONS, the Defendants have manufactured
immigration allegation removal proceedings after the approved agents
and representatives (Asylum Officers - M***achusetts and New Jersey)
have several interviewed and heard the Plaintiff's foreign torture
and persecution cases and granted the Plaintiff asylum in the USA on
September 29, 2005 and October 07, 2005 and released them to start
good life in America. Information reveals that the Defendants said
that the manufactured immigration allegation removal proceedings
originated from the Canadian/Nigerian government, past/present
politicians, oil/gas/other companies, leaders and lawmakers and their
allies. These Canadian/Nigerian government, past/present politicians,
oil/gas/other companies, leaders and lawmakers and their allies have
looted several billions of Nigeria's oil, gas and other wealth and
repatriated here and there across the world to develop domestic and
international clandestine and political insurgencies and murderers
including murdering opposition members and the head of the Plaintiff's
family, Dr. Phillip Ofume (and) who is Candidate In-Exile campaigning
for the Nigeria's Presidential Election 2007 to become the first
President of Nigeria hail from the NIGER DELTA OF NIGERIA where over
95% of Nigeria's oil, gas and other wealth are derived. See
paragraphs 8 [see subpara 8(f)] and 17 of the Plaintiff's Complaint.

iv. under the harsh zero income, the Ofume family or Plaintiff has
no money to pay bus/train tickets;

v. the family including the pregnant mother have been walking several
miles with young children (ages 2years to 5years) during the bitter
weather - cold, snow, rain, etc. to attend clinic and other demanding
family raising activities;

vi. the family or Plaintiff has no money to pay subsidized
Medicare;

vii. the Plaintiff's elder son and other children with A and A+,
honors and high honors have no money to pay tertiary, primary and
element schools costs including school supplies, bus fare, shoes/
clothes, etc;

viii. female members of the Plaintiff or Ofume family have no money
to buy sanitary and other personal maintenance products;

ix. the Plaintiff has no money to pay for children subsidized bus
fare, buy school supplies, etc;

x. the Plaintiff has no money to buy toilet papers, soap, children
diaper, clothes , shoes, etc.;

xi. the family lives in total blackout of communications - telephone,
tv, radio, etc. Donation of telephone by good Samaritans is over
billed and disconnected under the instructions of the 1st, 2nd, 3rd.
6th and 7th defendants. Third SECRET TORTURE DETENTIONS/ PRISONS;

xii. in the third SECRET TORTURE DETENTIONS/ PRISONS provided by the
Metropolitan Boston Housing Partnership(MPHP) people that are mock
landlords have personal keys to enter the facility without prior
notice. ;

xiii. Male members of the family have no money to buy sanitary and
other personal maintenance products.

2. LAW COURT SCREEN ACTIONS IN ACCORDANCE WITH TITLE 28 U.S.C. SEC.
1915 (e) (2)

a. The domestic and international legislations and question at issue
under which the Complaint was brought has no immunity for anybody,
government and other officials or person and any nation in the world.
Under these domestic and internationals legislations the most
important decoration is that "nobody is above the law" and/or that
they are no leaders and other persons that are immune from any relief
on human rights violations - torture, unlawful detention/imprisonment,
persecution, discrimination and other harms and mistreatment. See
subparagraph 1 (a) (b) and paragraph 4 of the Plaintiff Complaint
including definition of prison/detention/torture/persecution and
related mistreatment from the standpoint of the law and other
standpoints.

b. The Plaintiff is not illegal immigrant. Prior to September 29,
2005 the Plaintiff and their NGOs issued lengthy NOTICES OF LANDING on
the 1st, 6th, 7th and 8th defendants and the Notices will be part
of list of evidence in support of the Plaintiff's Complaint. On before
September 29, 2005 the Plaintiff bought direct flight tights from the
DELTA AIRLINES and the flight itinerary was Halifax to Washington DC.
Shockingly, on September 29, 2005 against the itinerary, the DELTA
AIRLINES was directed to the Boston Logan Airport and landed thereon.
The Plaintiff was forcibly removed from the aircraft and detained for
several hours and interrogated for several hours. The Plaintiff was
transferred to the first SECRET TORTURE DETENTIONS/PRISONS (Boston
Logan Hilton Hotel designed like any prison/detention) with highly
armed security operatives. See paragraph 7 of the Plaintiff's
Complaint.

c. On October 5 and 6, 2005 the Plaintiff was further subjected to
asylum hearing by approved Asylum Officer (New Jersey) for the 1st ,
2nd , 3rd , 5th, 6th and 7th. On October 7, 2005 the Plaintiff was
granted asylum in the USA and released but the 1st Defendant
rearrested the Plaintiff few minutes when the Asylum Officer (New
Jersey) left the SECRET TORTURE DETENTIONS/PRISONS (Boston Logan
Hilton Hotel). Thereafter the 1st Defendant further blocked all
communications which would enable the Plaintiff leave the detention.
To enforce the plan to prepare for another secret torture detention/
prison, the 1st Defendant mounted additional security operatives. See
paragraphs 7 and 17 of the Plaintiff's Complaint.

d. Several cruel plans were put in place by the defendants to mount
security to prevent the Plaintiff from leaving the SECRET TORTURE
DETENTIONS/ PRISONS as follows:

i. Unlawfully after September 29, 2005 and October 7, 2005 the
1st , 2nd , 3rd , 5th, 6th, 7th and 8th Defendants took law into
their hands and refused to allow the Plaintiff proceed to Washington
DC and 1st Defendant persistently hold possession of the Plaintiff's
academic and professional qualifications, UN Travel Documents and
P***ports, Flight Tickets, Incorporation Certificates, Canada/Nigeria
base law courts books and submissions, medical certificates and
documents, Awards, etc. including placing 100% of the family's
(Plaintiff's) freedom of movement and ***ociation, electronic and
physical mails, telephone, fax, etc under close surveillance camera
and severe sanction/embargo to disrupt their campaign/work and destroy
them in order to keep alive second and further SECRET TORTURE
DETENTIONS/ PRISONS which was created on October 12, 2005 and
thereafter. Severally the 8th defendant visited second secret
detention/prison and saw children and their parents dying under bitter
fridge cold detention/prison without utilities, food, money, warm
clothes, etc without providing minimum humanitarian ***istance
approved by the United Nations and US Constitutional Democracy;

ii. plan to kill without stitches in the first, second and third
SECRET TORTURE DETENTIONS/ PRISONS: harsher conditions than other
prisons/detentions across the United States of America because no meal
and other services; no cash ***istance, social security, no job
authorization, no domestic utensils, no transportation, no gymnastic
and other extramural activities, etc.

b. The cruelties complained are with several evidences or
eyewitnesses.

c. outbound and inbound structure of all prison/detention facilities
are not the same. People are confined if they were suspected of any
crime or misdoing against the state and people domicile thereon. On
October 7, 2005 the Plaintiff were released from the First Secret
Torture Detention/Prison at Boston Logan Hilton Hotel by the approved
representatives for the Government of America or 1st , 6th and 7th
Defendants. From Outbound structure maybe colorful (see first secret
torture detention/prison) and inbound (see first, second and third
secret torture detentions/prisons) maybe filled with restraining and
confining apparatus and tiger manias and other cruel policies and
practices to unleash worst pattern of "abbacinare" or a barbaric form
of corporal and torturous punishment . See Plaintiff's Complaint
paragraphs 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, and 19 of the
Plaintiff's Complaint.

d. The renewed cruelty of the Defendants shows that they intend to
terminate the life of the Plaintiff,

i. in third SECRET TORTURE DETENTION/PRISON (33 Arlington Street #1
Lynn, M***achusetts 01901, the Defendants have started some dangerous
action which they put in place prior to burning down the second SECRET
TORTURE DETENTION/PRISON (8 Hall Avenue, 2nd Floor Braintree,
M***achusetts 02184) on January 27, 2006;

ii. in third SECRET TORTURE DETENTION/ PRISON (33 Arlington Street
#1 Lynn, M***achusetts 01901, people in America relayed together to
facilitate the connection of community base telephone (Comcast) and
provided minutes to the Plaintiff's cellular telephone (T-Mobile);

iii. indirectly, the Plaintiff continued to make over-payment to
keep these communications, the providers disconnected the telephone
(781-842-1225) and persistently removed the minutes soon as the
minutes are bought and entered into the cellular phone;

iv. similar to the action in the second SECRET TORTURE DETENTION/
PRISON by the Braintree Community, the Plaintiff discovered that some
people in Lynn Community is dissatisfied with the action of the
Defendants and started raising its voice and telephoning the
Plaintiff;
v. the presence of the Pre-Paid Legal Services, Inc.; and external
attorneys and Members of the National Conscience Party (NCP);
International Political Campaign for Election 2007; moral support from
the NIGER DELTA REGION OF NIGERIA; the Plaintiff suspect that intent
to kill without stitches; etc are behind the induced steps to
disconnect and shutdown the entire communications;

vi. one of the cruel actions taken in the second SECRET TORTURE
DETENTION/ PRISON (8 Hall Avenue, 2nd Floor Braintree, M***achusetts
02184) prior to the suspected arson is drafting of tugs into the
premises and building to engage in har***ment activities (banging here
and there to generate loud noise capable of waking up and causing
terrible headache and other pains for children and adults - in order
to create domestic brawl. There is about two months old newborn baby
in Plaintiff's family);

vii. the children and the new born baby hardly get slight sleep
during the majority of the loud noise 24 hours/day. The Plaintiff and
its NGOs do not engage in inbound and outbound fights, protests and
other forms of brawl. Complaint has been filed against Comcast but
the Department of Communications and Energy neglected, failed and
refused to set down the complaint for hearing.

e. Applicant/Plaintiff request the court to grant motion because the
motion is the basis upon which the Complaint will move forward and
succeed.

f. The content of the Plaintiff's Complaint is case of great domestic
and international public interests and will be a major caselaw inside
and outside the United States of America because it relates to the
cruelties of state and non-state agencies - confining, detaining and
imprisoning innocent and armless children, men and women in first,
second and third SECRET TORTURE DETENTIONS/ PRISONS.

g. Applicant/Plaintiff request the court to grant Motion and
Complaint because the first, second and third SECRET TORTURE
DETENTIONS/ PRISONS and the cruelties suffered by the Plaintiff have
sufficient evidence and eyewitnesses. The victims or Plaintiff and
people that saw or observed the first, second and third SECRET TORTURE
DETENTIONS/ PRISONS and the cruelties suffered thereon are still alive
and preparedly on sight. Few children, men and women that were
confined in such terrible SECRET TORTURE DETENTIONS/ PRISONS would
survive the ordeal.

h. That due the Plaintiff's zero income, sanction and embargo
conditions as to costs for litigation and other costs pending
determination of the Plaintiff's Complaint, the Plaintiff requests
court for urgent injunctive relief such as Interim Employment
Authorization, Legal Aid and other approved minimum US Domestic and
the United Nations Humanitarian ***istance.

i. The Plaintiff's Complaint is made up of twenty one (21)
paragraphs. During the preliminary screen action; verifications; cross
defense or pleading; discovery; and final hearing, the Plaintiff will
be ready to defend all the 21 paragraphs with evidence including
several eyewitnesses now inside and outside the scene of cruelties.

3. ARGUMENT - LAW COURT SCREEN ACTIONS

a. The administrative screen actions to be made by any Law
Court is sometimes similar to initiation of premature summary judgment
by any plaintiff, defendant, intervenor, law court, etc to terminate
case or action which is not vexatious, frivolous and malicious;

b. the administrative screen actions to be made by any Law Court
is sometimes similar to initiation of premature summary judgment by
any plaintiff, defendant, intervenor, law court, etc to terminate case
or action with arguable issues; special circumstances; disputed
issues of fact or law [Justice Tidman in Fancy (B.F.) Construction
Ltd. v. Alta. Surety Co. ]; irreparable harms and damages prematurely
prior to trial.

c. Legislative Tests:
Test #1
Hallett, J.A. in Fulton Insurance Agencies Ltd. v. Purdy ( 1991), 100
N.S.R. (2d) 341 (C.A.) popularly known as Fulton Test raised
(concerns) as to whether Complaint or action worthy of granting relief
contains arguable issues; special circumstances; disputed issues of
fact or law; irreparable harms and damages. To avoid going too far in
search of these particulars, the shortest journey is the victims
(Plaintiff or Ofume family), eyewitnesses, conditions of the first,
second and third SECRET TORTURE DETENTIONS/ PRISONS. Americans and
others that visited the SECRET TORTURE DETENTIONS/ PRISONS where the
Plaintiff was found have the best word "never time in America
criminals in the worst prison/detention been kept in this type of
house" .

Test # 2

It is against the rule of law, justice, and human rights to terminate
this type of case administratively especially with several arguable
issues; special circumstances; disputed issues of fact or law;
irreparable harms and damages without trial or encounter between the
Defendant and Plaintiff before court of an outstanding jurisdiction.
Justice Tidman restated this test in Fancy (B.F.) Construction Ltd. v.
Alta. Surety Co. (1991), 107 N.S.R.(2d) 152; 290 A.P.R. 152 (T.D.), as
follows:

'[7] There is, therefore, a two-fold test. First the plaintiff must
prove its claim and then the defendant must show that it has a fairly
arguable defence and show facts upon which that defence is based.

[8] Furthermore, it is not for the Chambers (Case Administration)
judge on a summary judgment application to decide disputed issues of
fact or law. As was stated by the Court of Appeal in Oceanus Marine
Inc. v. Saunders (1996), 153 N.S.R.(2d) 267; 450 A.P.R. 267 (C.A.):

'It was, with respect, not the function of the Chambers judge on an
application for summary judgment to determine matters of fact or law
which were in dispute. Matters of controversy should be left for
resolution at trial.'

The Complaint of the Plaintiff has touched and shocked domestic and
international communities and they are uncountable onlookers waiting
to hear from the Plaintiff and defendants and the decision of the
trial/hearing law courts in America.

Recently, the Nova Scotia Court of Appeal, in Campbell v. Lienaux et
al., [1998] N.S.R.(2d) added more material, yet on the question of
Summary Judgment. An application had been brought on and the Chambers
judge, Saunders, J., as confirmed [at para #7] by the appeal court,
had "applied the correct principles and arrived at a just result. He
said:

"... here, the credibility of the parties (Plaintiff & Defendant) is
such a critical issue to the ultimate resolution of the claim, a trial
is the only arena for that to be ***essed and decided by the trier of
fact. As I and other judges in Nova Scotia have said repeatedly, it is
not my function in this setting to determine matters of fact or of law
which are in serious dispute. Such matters should only be left for
resolution at trial.' (Saunders, J.)"


4. REQUEST

a. That this Motion be heard based on the Plaintiff's submissions
listed above and all the 21 paragraphs of the Plaintiff's Complaint.

b. Based on the foregoing submission the Plaintiff request this
honorable court to grant the Plaintiff's Motion to proceed IN FORMA
PAUPERIS .

c. Because of the fact, evidence, victims and other eyewitnesses,
domestic and international public relevance, etc the Plaintiff request
the honorable court to grant the Plaintiff's Complaint after the LAW
COURT SCREEN ACTIONS to enable the Complaint proceed to trial.

d. The Plaintiff request accelerated or emergency hearing, on the
Motion and Complaint including moving the Motion and Complaint to FAST
TRACK or DOCKET because of the condition of the Plaintiff in the
secret torture detention/prison and entire community.

ISSUED at Lynn, M***achusetts, this 31st day of January, 2007

______________________
Phillip C. Ofume, Ph.D. - Representative/Advocate for the Ofume
Family

For: Dr. Phillip C. Ofume, and Mrs. Maureen N. Ofume
and seven children (7th unborn),
33 Arlington Street, Suite 1
Lynn, M***achusetts 01902
E-mail: EMAIL REMOVED, global
EMAIL REMOVED
Websites " Dr. Phillip Ofume"

TO:

Sarah Allison Thornton - Clerk of Court
UNITED STATES DISTRICT COURT
DISTRICT, M***ACHUSETTS
1 Courthouse Way
Boston, M***achusetts 02210

Copies to:

1. President George W. Bush - President of the United States of
America
2. Vice- President Richard Cheney - Vice-President of the United
States of America
3. The Honourable Secretary Condoleezza Rice, - US Secretary of State
4. The Honourable Secretary Michael Chertoff - U.S. Department of
Homeland Security
5. The Honourable Secretary Alberto R. Gonzales -US Secretary of
Justice and Attorney General
6. The Presiding Honourable Justice Diane M. Kottmyer-The Lawrence
Superior Court - Appeals Court
7. Senate Majority/Minority Leaders
8. The Honourable Secretary - Department of Health and Human Services
9. US ***istant Secretary of State for Population, Refugees, and
Migration Department of State
10. Mr. Pierre Imbert -Director - MORI
11. Dr. Nguyen Van Hanh - Director - Hqrs Office of Refugee
Resettlement
12. Director of the Bureau of Citizenship and Immigration Services
(BCIS)
13. Department of Homeland Security - Litigation Unit, Boston MA -US
DEPARTMENT OF JUSTICE
14. The Honourable Governor of M***achusetts
15. Thomas H. Driscoll Jr. - Clerk of the Courts & Phillip M***a -
***istant Clerk
The Lawrence Superior Court - Appeals Court
16. Mr. Larry Levine - Counsel for Legislative and Public Affairs, US
Department of Justice
17. American Civil Liberty Union
18. Mr. Kofi Annan, former UN Secretary-General
19. His Excellency the Honourable Amb***ador Maurice Gliele-
Ahanzhanzo, United Nations Special Rapporteur on Racism, Racial
Discrimination, Xenophobia and Related Intolerance;
20. Secretary-General, Amnesty International (London, UK);
21. The Speaker, Canadian House of Commons/ Rt. Hon. Prime Minister
of Canada
22. His Excellency, Mrs. Mary Robinson, Former United Nations High
Commissioner, UN High Commission for Human Rights;
23. OECD countries - Australia, Greece, Norway, Austria, Iceland,
Portugal, Belgium, Spain, Canada, Italy, Sweden, Denmark, Japan,
Switzerland, Finland, Ireland, Luxembourg, Turkey, France,
Netherlands, United States, Germany, New Zealand, and United Kingdom.
24. Mr. Kenneth Roth, Executive Director, Human Rights Watch, New
York
25. The Director-General UNICEF International
26. His Excellency, UN High Commissioner for Refugees, Geneva.
27. Africa Information Center - International Coalition Project
28. Executive - Director, Human Rights Watch (Canada)
29. Secretary-General, European Union
30. Secretary-General, AU
31. Secretary-General, Commonwealth
32. Director-General - UNESCO
33. Director -General, UNDP
34. Director-General , WHO
35. Supreme Court of Canada and other Law Courts in Canada
36. International Criminal and Civil Courts of Justice, Hague The
Netherlands
37. Secretary-General, Amnesty International (Canada);
38. Other lawmakers of the United States of America
39. Central Intelligence Agency - CIA - Boston, MA & Washington DC.
40. Federal Bureau of Investigation - Boston, MA & Washington DC.
41. Department of Homeland Security - Litigation Unit, Boston MA, US
DEPARTMENT OF JUSTICE - Executive Office for Immigration Review
42. Through: The Secretary of the MA Commonwealth To: The Lieutenant
Governor of M***achusetts
43. Through UN Secretary-General To: State Members of the United
Nations

ETC.

__________________________________________________ ___