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FOR THE COUNTY OF ADAMS
(Passport No. GD584268),
on behalf of NICOLÁS MADURO MOROS,
Petitioner,
v.
PAM BONDI, United States Attorney General;
THE UNITED STATES OF AMERICA,
Respondents.
MOTION TO COMPEL FILING AND VACATE CLERK’S REJECTION (ULTRA VIRES ACT)
MEMORANDUM OF POINTS AND AUTHORITIES
Immediate Judicial Review Requested
I. MOTION TO COMPEL FILING
COMES NOW the Petitioner, Joaquim Pedro de Morais Filho, appearing Pro Se, to respectfully move this Honorable Court for an Order compelling the Clerk of the Superior Court to accept for filing the previously submitted Emergency Petition for Writ of Habeas Corpus.
This Motion is necessitated by the Clerk’s Office rejection of said Petition on January 6, 2026, on the stated grounds: "Do not have jurisdiction." Petitioner asserts that this rejection constitutes an ultra vires administrative act, usurping the judicial function reserved exclusively for Article IV Judges of the Washington Constitution.
II. STATEMENT OF FACTS
1. On January 5, 2026, Petitioner submitted a legally formatted Petition via the Tyler Technologies e-filing system (Envelope No. 696905).
2. On January 6, 2026, a court clerk returned the filing unfiled, citing a legal conclusion: "Do not have jurisdiction."
3. No judicial officer reviewed the pleadings. No Order of Dismissal was issued. The rejection was purely administrative.
III. MEMORANDUM OF POINTS AND AUTHORITIES
A. The Clerk's Duty is Ministerial, Not Judicial.
Under Washington law and inherent principles of the Separation of Powers, the Clerk of the Court serves a ministerial function. As established in Malott v. Randall, 83 Wn.2d 259 (1974), the filing of a document is a physical act of record-keeping, distinct from the judicial act of ruling on its validity.
Washington Superior Court Civil Rule (CR) 5(e) defines the filing of papers. Nowhere in the Civil Rules is the Clerk granted the discretion to adjudicate subject matter jurisdiction at the intake counter. Determining jurisdiction is a complex question of law that requires judicial analysis, statutory interpretation, and the issuance of a ruling. By rejecting the filing based on a legal assessment, the Clerk engaged in the unauthorized practice of law.
B. Jurisdiction is a Threshold Determination for the Judge.
It is black-letter law that "Jurisdiction is the power to say what the law is" (Marbury v. Madison, 1 Cranch 137). Even if a court lacks jurisdiction, it possesses the "jurisdiction to determine its own jurisdiction" (United States v. Ruiz, 536 U.S. 622). This determination must be made by a Judge via a written Order, creating a record for appellate review.
An administrative rejection denies the Petitioner the right to an appealable order. If the Clerk deletes the filing, no record exists. This violates the Petitioner’s Due Process rights under the Fourteenth Amendment and the Open Courts provision of the Washington Constitution (Art. I, § 10).
C. State Courts Retain Concurrent Jurisdiction in Habeas Corpus.
The Clerk’s assertion that this Court "does not have jurisdiction" is a premature legal conclusion. While rare, State courts retain concurrent jurisdiction to issue writs of habeas corpus even in federal contexts, particularly under the "safety valve" of the Suspension Clause, or when federal courts are unavailable (Boumediene v. Bush, 553 U.S. 723). Whether this specific case meets that high bar is a matter for briefing and judicial decision, not clerical filtering.
IV. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Court:
1. VACATE the Clerk’s administrative rejection of Filing No. 696905;
2. ORDER the Clerk to file the Petition nunc pro tunc (effective as of the original date, Jan 5, 2026);
3. ASSIGN this matter to a Judicial Officer for a proper determination of jurisdiction on the merits;
4. ISSUE a written Order if dismissal is deemed appropriate, preserving Petitioner’s right to appeal.
DATED this 6th day of January, 2026.
Respectfully Submitted,
____________________________________
JOAQUIM PEDRO DE MORAIS FILHOPetitioner Pro Se
Passport No. GD584268 (Brazil)
Address: São Paulo, Brazil
