No:

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IN THE

 

SUPREME COURT OF ALABAMA

 

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MARK TOWNSEND

and all Truck Drivers Similarly Situated,

 

Petitioner

v.

 

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (NCAA) a private corp. SOCIAL SECURITY ADMINISTRATION (SSA) a private corp. ENVIRONMENTAL PROTECTION AGENCY (EPA) a private corp. MYLES BRAND, President of NCAA, BURR & FOREMAN L.L.P., and ROBERT H. RUTHERFORD

 

Appellees

 

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On a Petition For Writ of Certiorari

 

To The Supreme Court of Alabama

 

From Alabama Court of Civil Appeals

 

Case No: 2060761

 

And Circuit Court of Winston County, Alabama

 

Case No: CV-2006-148

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PETITION FOR WRIT OF CERTIORARI

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TABLE OF CONTENTS

 

The Question Presented --------------Page 3

 

Table of Authority---------------------Page 6

 

Constitutional Provision--------------Page 6

 

Opinions Below------------------------Page 6

 

Jurisdiction------------------------------Page 6

 

Constitutional and Statutory

 Provisions Involved------------------Page 6

 

Statement of Cause--------------------Page 6

 

Conclusion------------------------------Page 8

 

Certificate of Service------------------Page 10

 

 

 

 

 

 

 

 

 

 

 

 

 

Mark Townsend, PRO SE

 

140 George Avenue

 

Haleyville, Alabama 35565

 

Tel. (205) 485-9032

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THE QUESTION PRESENTED

 

The lower courts have so far either blundered, misunderstood, or attempted to placate the rule of law guaranteed to a person who is Pro Se.  The lower courts have failed most to the United State Constitution.  The above may have been prevented if any of the lower courts would have granted oral arguments that were requested each time by now Petitioner, Mark Townsend.  Petitioner has repeatedly stated that he is learning disabled to NCAA standards by making a ten (10) on ACT test.  Petitioner has stated to the lower courts that he did not have the money to hire representation. Petitioner has quoted first Congress Session 1, Chapter 20 1789, Section 32 which states as follows:

 

Sec: 32 And be if 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.   

Petitioner has made known to the lower courts he was most likely going to be guilty of defect or want of form.  Petitioner has made known to the lower courts that he was attempting to present this case on the sayings of the most honorable disabled person in Alabama history, Helen Keller, who said, “ I am only one, but still I am one, I can not do everything.  But, still I can do something.  I will not refuse to do something I can do.”

 

This all being said and repeated, attorneys for NCAA have continued to use the words nonsensical, merit less and other.  Attorneys for SSA and EPA just simply would not respond.  To and with the above said, the questions now are presented to the Honorable Supreme Court of the great State of Alabama.

 

Question:

 

1.  Does Federal Courts have jurisdiction to take a case out of state court while the case is in default in state court?

 

2.  Can a state judge order a pretrial conference then dismiss the case before the pretrial conference?

 

3.  Can a state judge dismiss a case while it is setting before a federal judge?

 

4.  Has the Petitioner, Mark Townsend, been stripped of his procedural due process rights in this case? 

 

5.  Does this Honorable Supreme Court of the great State of Alabama  have the power to put to rest that before, now and after that NCAA is a STATE ACTOR and is guilty of breaking the spirit of citizenship of the great State of Alabama or U.S. Code Title 42, 1983?

 

6.  Does this Honorable Supreme Court of the great State of Alabama have jurisdiction over all contracts between a private corporation who has received (Direct) tax payers money (NCAA) and all public schools supported by tax payers in the great State of Alabama?

 

7.  Does the great Alabama Constitution grant the right of a tax paying truck driver to demand NCAA to pay back to the citizens of Alabama tax money that was controlled by NCAA because NCAA lied as not being a state actor to the Honorable United States Supreme Court for many years in many cases?

 

8.  Should this Honorable Supreme Court of Alabama place sanctions on NCAA who as the rules maker is also the major rules breaker?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TABLE OF AUTHORITY

 

CONSTITUTIONAL PROVISION

 

Bill of Rights, Amendment One, Five, and Fourteenth.      

 

OPINIONS BELOW

 

Alabama Court of Civil Appeals

August 31, 2007 No Opinion

 

October 5, 2007 Application For Re-hearing over ruled

***(The following are attached to this motion)***

 

 

JURISDICTION

 

The date the Alabama Court of Civil Appeals over ruled application for re-hearing was October 5, 2007.  The jurisdiction of this Court is invoked under Rule 39 (A) and (1) © first impression. Rules of Appellant Procedure.

 

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED:

 

Bill of Rights, Amendment one, five, and fourteenth and U.S. Code Title 42 1983. Civil Action for deprivation of rights.

 

STATEMENT OF THE CAUSE

 

 

August 2001 Petitioner filled in Federal Court, Townsend vs. NCAA.  2002 The Honorable Judge Karen Bowdery issued statement requesting Petitioner to take issue of state issues to State Court.  These issues were NCAA was a State Actor and all sanctions NCAA placed on all public schools in the State of Alabama were unconstitutional because of no due process brought before state courts.  Petitioner who knew the history of NCAA battles over years trying to disprove being a State Actor filed in State Court October 2006.  Petitioner also was aware of that NCAA created the Mitre Corporation in 1958 who is over the Department of Defense (DOD), The Federal Aviation Administration (FAA) and the Internal Revenue Service (IRS).  Petitioner was aware that NCAA and Mitre Corporation created the Jason Group in 1960 who is most powerful group of Scientist in the world.  Petitioner filed against NCAA, SSA, and EPA.  In his complaint he alleged the three were breaking the spirit of citizenship.  Petitioner noted he was a tax paying truck driver from Winston County.  Petitioner noted in original complaint that courts must see contracts that NCAA enters with public schools.  Petitioner noted that the raising of the American Flag and the playing of the National Anthem at NCAA college football games had not been shown on TV for years.  Petitioner also noted that the University of Alabama (Million Dollar Band) and Auburn University bands have not been shown on TV at half time for years.  Petitioner noted that the Courts must see these contracts between NCAA and Alabama public schools which make University of Alabama and Auburn University members of the NCAA.  Petitioner noted these contracts were unconstitutional.  Petitioner noted that NCAA made all member colleges use text books chosen by NCAA.  Petitioner noted that any person who wanted to attend a NCAA member college that the school they were from had to use text books chosen by NCAA, K-12 grades.  Petitioner noted that NCAA controlled the test that makes a person learning disabled (LD).  Petitioner noted that the number of students K-12 who are LD was about 25%.  This number was breaking the SSA.  Petitioner noted NCAA controlled the scientists that controlled EPA.  NCAA responded December 5, 2006 in NCAA fashion Rule 12 B 6.  NCAA now has filed many briefs in this case.  They have not denied any of Petitioner’s complaint.  Petitioner filed a response December 27^th to NCAA’s Motion To Dismiss. Petitioner noted NCAA was a State Actor, and SSA and EPA were in default.  Judge Bobby Aderholt set a pretrial conference for January 10, 2007. Petitioner, NCAA,, EPA, SSA.  See Rule 16 A.R.C.P.

Special note Mark Townsend receives his mail at 140 George Avenue, Haleyville, Alabama 35565.  The mail person usually delivers after 4:30.

Petitioner had made arrangements to be off work on January 8, 9, 10, 2007 to prepare for the pretrial conference.  Petitioner received mail on Saturday, January 6^th an order from Federal Judge Cooliger.  The order was the case NCAA, SSA, and EPA had been moved to Birmingham Federal Court.  The order also said Petitioner had 14 days to respond in Federal Court.  Monday, January 8, 2007 Petitioner went to see Judge Bobby Aderholt because SSA and EPA were in default and ask him if he was going to hear this case at the pretrial conference on January 10, 2007.  Judge Aderholt had left Winston County Court House for the day.  It was 11:00a.m. Petitioner went to Judge Aderholt’s office which is thirty miles away at his business Nail Fast.  This is where he informed Petitioner he had dismissed NCAA before 11:00 a.m. on January 8, 2007.  On January 9, 2007 after 5:00 p.m. Petitioner received in the mail where Federal Judge Cooglier had dismissed EPA and SSA but ruled the NCAA (cause of action) belong in State Court.  The order was stamped 1:26 p.m. on January 8, 2007.

 

 

CONCLUSION         

 

The Rule of Law has made it clear a Court should place a (safety net) under Pro Se citizens.  See Conley vs. Gibson.  See also Bell Atlantic Corporation vs. William Twombly 2007.

 

 

I have attached the briefs filed to the Alabama Court of Civil Appeals.  I will respond in more detail after I see if U.S. Attorney Alice Martian finely responds.  I ask NCAA to admit to this Honorable Supreme Court of Alabama and answer this question is NCAA a STATE ACTOR?

I am looking forward to responding to their answer.

 

 

 

 

This Petition For Writ of Certiorari should be GRANTED.

 

DATED: October 15, 2007

 

Respectfully submitted,

 

Mark Townsend, Petitioner pro se