Petition And Motion To Vacate Hearing To Impose Sentence And Order For Hearing

COUNTY COURT
CITY AND COUNTY OF DENVER, COLORADO
Court Address: 1437 Bannock Street Room 140
Denver, Colorado 80202
______________________________________________________

Plaintiff (s):
THE CITY AND COUNTY OF DENVER

Defendant(s):
STANLEY, RICHARD DOB: 07/14/1954
_____________________________________________

Party without Attorney
Richard (Rick) Stanley
6280 E. 39th Ave.
Denver, Colorado 80207
Phone number: (303) 329-0481
Fax number: (303) 329-0498

Case No. 01GS606306

Division: General Sessions

Courtroom: 151P

PETITION AND MOTION TO VACATE HEARING TO IMPOSE SENTENCE
AND ORDER FOR HEARING

Aggrieved Defendant, Richard Stanley, hereinafter known as Rick Stanley, without assistance of counsel, submits this Petition for Writ of Certiorari to the pleading standard described in Haines v. Kerner, 404 U.S. 519-421 (See Hall v Bellmon 935 F.2d 1106 (10th Cir. 06/03/1991) and relies on the Court to explain any deficiency concerning Petitioner?s pleadings as outlined in Platsky v. C.I.A. 953 F.2d. 25. Additionally, pro se litigants are to be given reasonable opportunity to remedy the defects in their pleadings. Reynoldson v Shillinger 907F .2d 124, 126 (10th Cir. 1990); See also Jaxon v Circle K. Corp. 773 F.2d 1138, 1140 (10th Cir. 1985) (1)

1. This case has been appealed to the Colorado Court of Appeals, as of June 12th & 13th, 2003.
2. The Notice of Appeal, The Designation of Record of Appeal and Appeal Brief are all attached to this Motion.
3. The appeal filing receipt of $150.00 is also attached.
4. This Court still has a $2,500.00 appeal bond it has refused to release. This Court still has a Stay of Execution ordered in the record. This Court has never ordered the City to post bond in this case from the beginning of the proceedings as the charging party. This entire case has been fraudulent, unconstitutional, illegal and brought against Rick Stanley under the color of law, from the beginning.
5. Rick Stanley was kidnapped by the Denver Police, the City of Denver and the Court has been a party to this action since the beginning. This in violation of the U.S.C. of Title 18, Section 1203: The crime is a federal/RICO crime of kidnapping. This is also a federal crime under U.S.C., Title 18, Section 241, and Conspiracy Against Rights. This is also a crime under Title 18, U.S.C., Section 242: Deprivation of Rights Under Color of Law. This is also a crime under Title 18, U.S.C., Section 245: Federally Protected Activities. This is also a crime under Title 18, U.S.C., Section 1001: Fraud and False Statements.

In addition, each judge, city attorney, police officer and city official involved since the beginning of these fraudulent actions against Rick Stanley is violating Title 42, U.S.C., Section 1983: Civil Action For Deprivation Of Rights, as well as Title 42, U.S.C., Section 14141: Pattern And Practice. Please find copies of the attached federal statutes.

Rick Stanley has given all of the courts to date, ample opportunity to correct these violations of federal law.

This action to bring Rick Stanley back to court continues the violation of law. A federal lawsuit will be filed against all parties, unless these unlawful actions are reversed immediately.

6. While the Colorado Supreme Court issued a Stay of Execution which runs until forty five days from their Order, this court has never issued an order ending the Stay of Execution from this court, and the appeals bond is still in effect, securing said Stay of Execution by this original court.

Rick Stanley hereby requests that, in light of the foregoing information, the Order be vacated requiring Rick Stanley to appear in Courtroom 151P, Judge Robert Patterson presiding, for the purpose of imposing sentence upon Rick Stanley, while case is still under appeal.

Att: 1. Notice of Appeal Respectfully submitted,
2. Designation of Record of Appeal
3. Appeal Brief
4. Federal Statutes
5. Copy of Receipt of Filing Fee _________________________
Rick Stanley
Defendant



STATE OF COLORADO )
) ss.
)

The court, having reviewed the Motion and being fully advised in the premises,
IT IS HEREBY ORDERED that the hearing scheduled for 8:30 a.m. on June 26, 2003, in courtroom 151P, Denver County Court, 1437 Bannock St., Denver, Colorado be vacated.

Date: June 13, 2003
BY THE COURT:

__________________________
County Court Judge

CERTIFICATE OF DELIVERY

I HEREBY CERTIFY that the foregoing PETITION AND MOTION TO VACATE HEARING TO IMPOSE SENTENCE AND ORDER FOR HEARING was delivered on this 13th day of June, 2003, by placing the same in the U.S. Mail, postage prepaid, addressed to:

__________________________________
Rick Stanley

City and County of Denver Court
Clerk of the County Court
1437 Bannock Street
Denver, Colorado 80202

Office of the City Attorney
James C. Thomas No. 13583
Paul W. Puckett No. 5885
Assistant City Attorneys
201 W. Colfax Ave. Dept. 1207
Denver, Colorado 80202

Judge Robert S. Hyatt
Denver County District Court
1437 Bannock Street
Denver, Colorado 80202

Colorado State Supreme Court
Mac V. Danford, Clerk
2 East Fourteenth Street Suite 401
Denver, Colorado 80203

Colorado Court of Appeals
2 East Fourteenth Street 3rd Floor
Denver, Colorado 80203