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IN THE UNITED STATES COURT OF APPEALS
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REHAN SHEIKH
Appellant (and plaintiff),
v.
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Brian Kelly
Secretary, California State
Transportation Agency
Appellee
and
Mark Tweety
Manager, Department of Motor
Vehicles
Appellee
Case NO: 14 1 6 8 5 8
Plaintiffs Motion for Declaratory
Relief
DMVs Unsigned & Anonymous Order
to Suspend Plaintiffs Driving License
be declared as unlawful or stricken as
unlawful legal instrument
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THIS MOTION
1. Plaintiff hereby submits this Motion that the DMVs unsigned and anonymous
Order dated Dec 5, 2011 to suspend his Driving License be stricken as unlawful
legal instrument or declared as unlawful as such an order does not conform with
PLAINTIFF
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I. JURISDICTION
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3. This Court has authority to grant declaratory relief under 28 U.S.C 2201 and
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2202. The district court had subject matter jurisdiction over Plaintiffs claims
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pursuant to 28 U.S.C. 1331 and 1343. The Ninth Circuit Court of Appeals has
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suspend his Driving License. The caption of the letter read Department of
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Plaintiffs Motion for Declaratory Relief (unsigned Order of Suspension) Rehan Sheikh v. [DMV]
P a g e |1
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Your driving privilege is suspended as of Jan 04, 2012
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III.
ARGUMENTS
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6. The driver's license is significant parts of the liberty and property protected by
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the due process clause of the Fourteenth Amendment and may be abridged only
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deprived without due process of law under the Fifth Amendment," Kent v.
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Plaintiffs Motion for Declaratory Relief (unsigned Order of Suspension) Rehan Sheikh v. [DMV]
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2011 is NOT a legal instrument and does not conform with the Due
Process Clause(s)
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person who is authorized to issue such an order. The DMVs Order of Suspension
dated Dec 5, 2011 was not signed by anyone. The DMVs Failure to sign such an
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a Driving License. Unless a signed letter is sent from a named person, the
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anonymous and unsigned letter suspending Driving License does NOT conform
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with the Due Process Clause(s) of the Fifth Amendment and the Fourteenth
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insurance policy or security agreement. See Black's Law Dictionary 801, 1612
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(6th ed. 1990); Webster's Third New International Dictionary, 1172 (1986).
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10. An unsigned order is insufficient on its face and regardless of the underlying
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Plaintiffs Motion for Declaratory Relief (unsigned Order of Suspension) Rehan Sheikh v. [DMV]
P a g e |3
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IV. PRAYER
11. Plaintiff prays before the United States Court that the DMV Order dated Dec 5,
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Respectfully Submitted;
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---------------------------------Rehan Sheikh
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Plaintiff
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Plaintiffs Motion for Declaratory Relief (unsigned Order of Suspension) Rehan Sheikh v. [DMV]
P a g e |4
EXHIBIT
ORDER OF SUSPENSION
PLEASE SHOW THIS NUHBER ON
YOUR CORRESIP'ONDENCE
08981120511D3024994SHEOI0412
REHAN AVVUB SHEIKH
1219 W EL MONTE ST
STOCKTON, CALIFORNIA 95207
THIS ACTION IS BEING TAKEN UNDER THE AUTHORITV OF SECTION 13365 OF THE VEHICLE CODE (V.C.)
BECAUSE YOU VIOLATED YOUR WRITTEN PROMISE TO APPEAR ANDIOR YOU FAILED TO PAY A FINE
THE SUSPENSION WILL REMAIN IN EFFECT UNTIL ALL FAILURES-TO-'APPEAR (FTA'S) AND FAILURES-TO
PAY-A-FINE PURSUANT TO SECTION 42003(A) HAVE BEEN REMOVED FROM YOUR RECORD,
YOU MUST SURRENDER ANY DRIVER LICENSE IN YOUR POSSESSION. NOT DOING THIS IS A MISDEMEANOR
(SECTION 14610 V.C,). YOU MAV APPLY FOR AN IDENTIFICATION (I.D.) CARD AT ANV DMV OFFICE.
YOUR VEHICLE CAN BE IMPOUNDED AND MAY BE SOLD IF YOU DRIVE WHILE UNLICENSED, SUSPENDED OR
DEVICE (lID), OR AFTER REFUSING TO OBEY THE LAWFUL ORDER OF A PEACE OFFICER, OR WHILE
ATTEMPTING TO EVADE A PEACE OFFICER. CONVICTION CAN MEAN JAIL, A FII~E OR INSTALLATION OF
BEFORE A LICENSE CAN BE ISSUED OR RETURNED, A REISSUE FEE OF $ 55 IS DUE (SECTIONS 14904
14906 V.C,), PLEASE INCLUDE YOUR DRIVER LICENSE NUMBER OR FILE NUMBER WITH YOUR PAYMENT.
ENCLOSURES