The judgment and commitment order under which Oscar Stilley is incarcerated contains certain directives with respect to tax forms. The documents relevant to this purpose are not available to inmates in this prison, either in hard copy or in electronic form. Stilley in filing this motion reminds the Court of the terms of its order with respect to tax forms, and asks the Court to order the Department of Justice to cease its interference with Stilley’s receipt and use of computers, internet access, and related items, possessed by Stilley, that are useful for the preparation of tax forms…

The Department of Justice not only prosecutes people, it operates the prisons to which convicted persons are sent. One of their dirty tricks is to deny persons with legitimate appellate arguments a stay pending appeal. The purpose of immediate incarceration is to wreck their ability to effectively litigate their arguments on appeal or post conviction proceedings. Theoretically, judges should theoretically provide a check on such corrupt practices. However, theory and practice routinely diverge, for a variety of reasons beyond the scope of this post.

At the 10th Circuit, the DOJ has only had to respond to one out of 5 separate motions filed for the purpose of stopping the flagrant violations of the rights of prisoners to access the courts using their own resources. In that single response, the DOJ responded to a straw argument, a sleight of hand trick to evade the actual question, upon which all the case law supported my position. On that specific motion, the 10th Circuit panel immediately sided with the DOJ, without awaiting a reply. On all other motions the 10th Circuit has swatted the motion down without a response. Thus the DOJ has been able to evade the actual question presented through five rounds of motions.

This is a motion to the District Court, asking that Stilley be allowed his computers, internet access, and related items, so as to be able to access tax laws, regulations, forms, and instructions, amongst other things. After all, Stilley is now incarcerated because, as a resident of the 8th Circuit, he failed to recognize that a matter within the jurisdiction of the 10th Circuit would be governed by a jury instruction from the 5th circuit, butchered dreadfully, in a manner highly adverse to any determination of truth. There is no crystal ball sufficient to foresee such ex post facto legislation from the bench.

The judgment and commitment order contains directives concerning the filing of tax forms. Inmates in this prison don’t have access to tax forms, IRS addresses and other contact information, regulations, and instructions applicable to the years pertinent to the Court’s order.

Therefore, I am asking that the District Court order the DOJ to cease its invidious interference with my efforts to use my own resources to access the courts. Those resources are indispensable to the preparation of the forms the court seeks. They happen to also be useful for a lot of other beneficial purposes as well.

The District Court for the Northern District of Oklahoma can support the status quo, by upholding the DOJ’s corrupt interference with my access to my own legal resources. Alternatively, it enjoin and prohibit that interference. It cannot do both at the same time. The latter option is the only one that is both rational and consistent with the District Court’s judgment and commitment order with respect to Stilley.

It will be interesting to see which alternative the said District Court chooses. To read the motion…

Motion Access NDOK-021811

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