SEVENTH: Any statutory provisions uniquely pertaining to the public corporation and the commencement of an action or proceeding against it are as follows: Due Notice Is Due Care; to all presumptions and assumptions [absence of evidence is not evidence of absence]
Judicial notice, of, adjudicative facts, hereafter;
1. Where As I, OGUBUNKA, UZOMA IHEANYICHUKWU [Indigenous Moor]; a called Minister of the gospel, with unalienable liberties [protected and guaranteed]; following and obeying, Biblical/Hebraic and Sharia law (exclusively and hereafter) [John 1:1, John 17:4, John 14:24, Rev 17:8, 2 Corinthians 12:4, Exodus 20:12 and Luke 11:52] (1611 Authorized Kings James Version Holy Bible), in Tr; Moreover, I Am, Moroccan-American but not a U.S. citizen or U.S national.
2.take judicial notice, of the New-York State Constitution(s) of 1846, 1894, 1821, 1777 and 1939; including New York Bill of Rights, passed the 26th of January, 1787 [Laws of the STATE OF NEW-YORK]; [including but not limited, the universal declaration of Human Rights and the Untied Nations Declaration on the Rights of Indigenous Peoples].
3.And take further, Judicial Notice ——dejure Constitution for the United States of America[in Congress assembled]; and it’s several treaties; including the Articles of Confederation, Magna Carter; including The Treaty of Peace and Friendship Morocco [In it’s entirety or wholly];
4. TAKE JUDICIAL NOTICE—— PUBLIC LAW 89-554-SEPT. 6, 1966 [ 80 STAT] SUBCHAPTER II—OATH OF OFFICE § 3333 [section 7311], § 3332 and § 3331; In addition; NYSCA, CTC Section 10-11A and Public Law 102-166—Nov. 21, 1991.
5. Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 524[section 7311].
Pub. L. 89–554, §3(d), Sept. 6, 1966, 80 Stat. 609 ; amended Pub. L. 104–294, title VI, §601(a)(8), Oct. 11, 1996, 110 Stat. 3498;
Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524.
[5 CFR 2635.101(b)]
6. Special and local law, thereof, all, which are, inconsistent, with, general law, may be, void ab initio; Moreover, any pleadings and briefs or argument of counsel, which are insufficient when treating any Motion as a Motion for Summary Judgment, in any proceeding or commencement against the, public corp[oreal], herein named. Therefore, Motion(s) that are unsupported by affidavits or depositions, is incomplete and are not treated as a Motion for Summary Judgment as required by [Rules 12 (b)(6) and 56(c)] by either The Magistrate Judge or the district Judge. The standard for review is a de novo review; failure to meet the standard required by law for any motion pursuant to the applicable Rule and Appellee's motion only considered pleadings, and a Brief and argument of Respondent's counsel. Statements of counsel in their briefs or argument while enlightening to the Court are not sufficient for purposes of granting a motion to dismiss or summary judgment; Statements of counsel in brief or in argument are not facts before any court or court of record and are therefore insufficient for a motion to dismiss or summary judgment; furthermore, As a motion for any summary judgment; the motion fails because if it was not supported by affidavits or depositions; Legal argument alone cannot establish facts necessary to support a successful motion for summary judgment which must be done by affidavit or depositions because legal argument does not constitute facts and is insufficient for purposes of granting a motion to dismiss or for summary Judgment.
7. [61 Stat.] 80th CONG 1st SESS.——CH. 389—-JULY 30, 1947, (July 30, 1947, ch. 389, 61 Stat. 643), Chapter 4—-the States; § 101.
8. No unjust enrichment
9. NYS Constitution of 1846, Article VI, § 3.
10. In addition [to My signature], hereunder, I Myself, Have affixed My signature (PUBLIC LAW 106–229—JUNE 30, 2000), hereunto, below and being authorized for such duty thereof and herein; I, do hereby, affirm, under penalty of perjury under the laws of the United States of America that the foregoing is true and correct; To the best of My knowledge. Executed on the date mentioned below.
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