Henry-Dale Goltz and

Evangelina Goltz

American Citizens

Lodgment

Into the

DISTRICT COURT of the UNITED STATES

For the

WESTERN DISTRICT OF TEXAS

____________________________________

UNITED STATES OF AMERICA )

Petitioner )

)

-against- ) No. SA-06-CA-0503-XR

)

Henry-Dale Goltz )

Evangelina Goltz )

Defendants-in-error )

Judicial Notice and Motion

TO CLAIM AND EXERCISE CONSTITUTIONAL RIGHTS and REQUIRE THE PRESIDING JUDGE TO RULE UPON THIS MOTION, and ALL PUBLIC OFFICERS OF THIS COURT TO UPHOLD SAID RIGHTS

COMES NOW Defendants-in-error Henry-Dale Goltz and Evangelina Goltz (hereafter Goltzes), without accepting jurisdiction of the Court, and moves the Court, pursuant to oaths sworn by the presiding judge and the attending public officers:

1. To acknowledge and act in accordance with a United States Federal Court ruling, to wit: “The claim and exercise of a Constitutional Right cannot be converted into a crime.” Miller v. U.S. 230 F, 2d 286, 489;

2. To honor, uphold and abide by the oaths taken by the presiding judge and attending court officers, pursuant to the Constitution of the United States of America (Constitution), specifically Article VI Clauses 2 and 3, and the Constitutional requirements thereof;

3. To provide due process of law, pursuant to the First, Fourth, Fifth, Sixth, Seventh, Ninth, and Fourteenth Amendments of the Constitution, and as required by the aforementioned oaths taken by the presiding judge and attending court officers, in this matter;

4. To provide equal protection under the law, as required by the Constitution and pursuant to the referenced oaths;

5. To respect, protect and uphold the Rights of the Goltzes, American Citizens, in this matter, which Rights are guaranteed in the Constitution, pursuant to the referenced oaths;

6. To acknowledge and uphold the Constitution as the Supreme Law of this court, in this matter;

7. To acknowledge and so rule that any court and/or judge which denies a Citizen to present evidence in any hearing or trial in total support of his position, which evidence had previously been sent to Plaintiff and is un-rebutted by Plaintiff and counsel, is perjury of oath and denial of due process of law. Since neither Plaintiff nor counsel rebuts this evidence, there is no dispute, and since there is no dispute, there can be no controversy, and when there is no controversy, charges must be dismissed;

8. To acknowledge and so rule that this court and no other court and no judge has jurisdiction over or can issue a court order against an American Citizen if that court and/or judge: (a) do not provide due process of law; (b) do not provide equal protection under the law; (c) do not respect and uphold the constitutionally-guaranteed Rights of American Citizens, and in the instant action, the Rights of the Goltzes, American Citizens, pursuant to the Rights guaranteed in the Constitution; (d) act with sufficient force so as to deny the powers of the Constitution.

WHEREFORE Defendants-in-error Goltzes respectfully moves this court to grant this Motion for the aforesaid reasons.

By: ________________________________ By: ________________________________

Henry-Dale Goltz, American Citizen Evangelina Goltz, American Citizen

CERTIFICATE OF SERVICE

I certify that on this 30th day of October, 2006 A.D., a true and exact copy of the aforesaid Motion was sent, first class postage prepaid, by U.S. mail, to

Michelle C. Johns

Attorney, Tax Division

Dept of Justice

717 North Harwood, Suite 400

Dallas, TX 75201

Attorney of record for Plaintiff.

_______________________________

Henry-Dale Goltz, American Citizen