Col. John "Hannibal" Smith, Murdock, BA Baracus, and Faceman.

I say, just like Colonel John "Hannibal" Smith who was head of the A-Team, I love it when a plan comes together.

Letter of Intent

To: Supreme Court of United States
Office of the Clerk
Washington, DC 20543-0001

Mr. William K. Suter,

I am returning the materials that I timely filed in my case: Townsend v. NCAA. I think you may have looked over the fact that I am pro se. See the following:

1. Puckett v. Cox: it was held that a Pro Se complaint requires a less stringent reading than one drafted by a lawyer.
2. Conley v. Gibson: The Federal Rules rejects the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits. According to Rule 8(F) FRCP all pleadings shall be construed to do substantial justice. In a fair system, victory should go to a party who has the better case, not the better representation. Procedural due process is a constitutional right of a Pro Se litigant.
3. Procedural due process generally refers to the regularity, fairness, equality, and degree of Justice in both procedures and outcomes. Due process is the law of the land. See Magna Carta.

See also:

Be it known to the Honorable Court that the First Congress, Session 1, Chapter 20, 1789, Section 32 states as follows:
SEC . 32. And be it further enacted, That no summons, writ, declaration, return, process, judgment, or other proceedings in civil causes in any of the courts of the United States, shall be abated, arrested, quashed or reversed, for any defect or want of form, but the said courts respectively shall proceed and give judgment according as the right of the cause and matter in law shall appear unto them, without regarding any imperfections, defects, or want of form in such writ, declaration, or other pleading, return, process, judgment, or course of proceeding whatsoever, except those only in cases of demurrer, which the party demurring shall specially sit down and express together with his demurrer as the cause thereof. And the said courts respectively shall and may, by virtue of this act, from time to time, amend all and every such imperfections, defects and wants of form, other than those only which the party demurring shall express as aforesaid, and may at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as the said courts respectively shall in their discretion, and by their rules prescribe.

I respectfully asked you as clerk of this honorable court to properly file this case, Townsend v. NCAA, on the grounds of respect for the founding fathers of our great U.S. Constitution.

1. Rules of the Supreme Court that were adopted July 17, 2007, that went into effect October 1, 2007, cannot override or overrule the above laws presented.
2. Section 242 of Title 18 would make it a crime for you, the clerk of the U.S. Supreme Court, acting under “Color of Law” to not bring this cause before the honorable U.S. Supreme Court.

Please note the following:

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
Summary:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

FINAL NOTE:
It is my constitutional right to file pro se. This honorable court has cost me over $300 to send this case back to where it should have never been removed. I ask you to waive the $300 filing fee and take note that NCAA’s power over textbooks that is mentioned in Townsend v. NCAA has also dumbed down the U.S. Supreme Court. Please file this case properly to prevent embarrassment of this honorable U.S. Supreme Court being taken to court or before law makers of the U. S. Congress for proper interpretation of this action. The U.S. Supreme Court is not alone on being dumbed down by the powers of NCAA.

Example: Just a few days ago on Jeopardy, the final question was
How many steps do the guards take during his walk across the tomb of the unknown soldier?
All three contestants missed the final answer. Here is the answer and why.

1. How many steps does the guard take during his walk across the tomb of the Unknowns and why? 21 steps. It alludes to the twenty-one gun salute, which is the highest honor given any military or foreign dignitary.
2. How long does he hesitate after his about face to begin his return walk and why? 21 seconds for the same reason as answer number 1.
3. Why are his gloves wet? His gloves are moistened to prevent his losing his grip on the rifle.
4. Does he carry his rifle on the same shoulder all the time and if not, why not? He carries the rifle on the shoulder away from the tomb. After his march across the path, he executes and about face and moves the rifle to the outside shoulder.
5. How often are the guards changed? Guards are changed every thirty minutes, twenty-four hours a day, 365 days a year.
6. What are the physical traits of the guard limited to? For a person to apply for guard duty at the tomb, he must be between 5’10” and 6’2” tall and his waist size cannot exceed 30”. Other requirements of the Guard: They must commit 2 years of life to guard the tomb, live in a barracks under the tomb, and cannot drink any alcohol on or off duty for the rest of their lives. They cannot swear in public for the rest of their lives and cannot disgrace the uniform (fighting) or the tomb in any way. After two years, the guard is given a wreath pin that is worn on their lapel signifying they served as guard of the tomb. There are only 400 presently worn. The guard must obey these rules for the rest of their lives or give up the wreath pin. The shoes are specially made with very thick soles to keep the heat and cold from their feet. There are metal heel plates that extend to the top of the shoe in order to make the loud click as they come to a halt. There are no wrinkles, folds or lint on the uniform. Guards dress for duty in front of a full-length mirror. The first six months of duty a guard cannot talk to anyone, nor watch TV. All off duty time is spent studying the 175 notable people laid to rest in Arlington National Cemetery. A guard must memorize who they are and where they are interred. Among the notables are: President Taft, Joe E. Lewis (the boxer) and Medal of Honor winner Audie Murphy (the most decorated soldier of WWII) of Hollywood fame. Every guard spends five hours a day getting his uniforms ready for guard duty.
ETERNAL REST GRANT THEM O LORD,
AND LET PERPETUAL LIGHT SHINE UPON THEM.

In 2003 as Hurricane Isabelle was approaching Washington, DC, our US Senate/House took 2 days off with anticipation of the storm. On the ABC evening news, it was reported that because of the dangers from the hurricane, the military members assigned the duty of guarding the Tomb of the Unknown Soldier were given permission to suspend the assignment. They respectfully declined the offer, “No way, Sir!” Soaked to the skin, marching in the pelting rain of a tropical storm, they said that guarding the Tomb was not just an assignment, it was the highest honor that can be afforded to a serviceperson. The tomb has been patrolled continuously, 24/7, since 1930.

The question in Townsend v. NCAA is simple. Did NCAA become a state actor in 1969 when they received direct tax payer money for their national youth sports program. This is not a question that takes a rocket scientist to answer. The answer should be received in respect to the same spirit that the above soldiers demand.

Thank you,


Mark Townsend
140 Geroge Ave.
Haleyville, AL 35565
(205)485-9032