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US District Court
Western District Texas
U.S. District Clerk's Office
655 East Durango Blvd., Room G65
San Antonio, Texas 78206
210) 472-6550
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U.S. Court of Appeals for
the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94110-3939
(415)556-9800
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Chris Walters, ) Chris Walters, )
Plaintiff Pro Se ) Appellant )
) )
vs. ) vs. )
) )
Burton F. Raiford, ) Linda Blessings )
Defendant ) Appellee
CIV NO SA93CA11115 Docket USDC-AZ: 93-784 TUC
Recieved Dec 28 1993 Docket USCA: 94-105180
Arizona, Texas, Florida Defrauds USDA
With Approval Of Various Federal Courts
This is a review of how states create overcharges to United States Department
of Agriculture programs by refusing to close food stamps of persons who have
left thier place of residence. This family of legal actions were ended by having
a Homeless Shelter in Tallahassee, Florida steal the Order of the Courts to
obstruct legal process:
1. I have Open What? 2-93 Las Vegas, NV Applied for food stamps at food stamp Office and was told
I have open case? Left Las Vegas in August, 92 to go Miami to check out Hurricane Damage, requested case by closed by
mail from Tucson, AZ. You must be kidding? Welfare Office gives me new food stamp ID card and I go to check cashing
company and receive food stamps.
2 Texas Said What? Tucson, Arizona April, 1993 While applying for food stamps at Tucson, AZ the state
of Texas states I have an open case (which was already closed by mail). Without resources there will be
no job searches in April in Arizona, Texas has blocked my April-May food stamps. Filed appeal to Jackie Puzzo;
DES client advocate explaining, Texas Food Stamp case already closed and Texas heavily involved
in food stamp fraud.
3. Title 18 USCS 372 Conspiracy to defraud US Food stamp fraud: Date: December, 1993
Principals: State employees of Texas Welfare DepartmentTitle 18 USCS 372 Conspiracy to defraud US. Food stamp fraud.
Principals: state employeesCause of Action: Arizona DES tells me I am receiving food stamps in Texas at this
time. I scratch my head and say I thought I was just US District Court in Sacramento charging you and Texas with interstate food
stamp fraud. I thought I was just working in Portland and surviving an assassination attempt in Medford. Where does Texas
come in? Arizona says sorry no food stamps kid and suddenly we are in US District Court Arizona, currently heading into Appeal.
Judge Browning send me an Order suggesting I need to sue Texas in Texas. Walters v. Blessing 93-784 TUC WDB. Letter Adminsitrator
USDA about food stamp problems December 13-1993 Certified P 085 575 212. mailed from Tucson, AZ.
4. Historical Note; Walters v. Blessing USDC,AZ (Circa 1995)
Question on food stamp frauds addressed to 9th US Circuit Court of Appeals was obstructed by a federally funded shelter in Tallahassee,
Fla by theft US mailTitle 18 USC 402 Contempt Question of simple contempt, harassment of Plaintiff
5. Cause of Action: The food stamp office asks me if I got food stamps anywhere. I got food stamps in Gaineville for October and November, 1994.
I show the worker my letter asking to have case closed and letter showing I am working in Tucon, AZ dated 12-7-94.
The worker calls Florida who states I picked up my stamps on 12-7-1994 in Gainesville, Fla Sorry but on 12-7-1994 as you
can see from this letter I was in Tucson Arizona working with the city. Could you do me a favor and write all this down?
States creating overcharges to USDA food stamp program.
A really interesting scam authorized by several US District Courts involved refusing to
close cases after client move out of state.
U.S. Court of Appeals for
the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94110-3939
415)556-9800
Janurary 5, 1994
Mr. Chris Walters
c/o P.O. Box 1475
Rockport, Texas 78381
RE: Walters v. Raiford
Dear Mr. Walters;
The Texas Department of Human Services recieved your December 27, 1993
letter concerning food stampcase. We are looking into the questions stated
in your letter and will be sent a response at the address given in your
letter.
Sincerley,
William R. Buida
Assistant General Counsel
Litigation Section
John H. Winters Human Service Center
701 West 51st Street
Austin, Texas 78714-9030
512-450-3011)
US District Court Western District Texas
U.S. District Clerk's Office
655 East Durango Blvd., Room G65
San Antonio, Texas 78206
210) 472-6550
Chris Walters, )
Plaintiff Pro Se )
)
vs. ) CIV NO SA93CA11115
)
Burton F. Raiford, ) Recieved Dec 28 1993
Defendant )
Complaint
Jurisdiction: US District Court Jurisdiction for causes in
Title 7 USCS 2011 Food stamps is established in Title 28
USCS 1331 Federal question.
Cause of Action: Burton F. Raiford, Director of Texas
Departmnt of Human Services and agents and emploes have
denied Chris Walters the due process of the law guaranteed
in Title 7 USCS 2011 Food stamps.
Relief Sought: The Plaintiff Chris Walters Prays for the
U.S. District Court to Award Damages in excess of $10,000
and such other relief as might be appropriate as explained
more full in Attached Memorandum of Law.
Respectfully Submitted
Chris Walters
Plaintiff Pro Se
Fife Symington Linda J. Blessing, DPA
Governor Director
December 29, 1993
Christopher Walters
CNO PO box 1475
Rockport, Texas 78381
Dear Mr. Walters:
Linda J. Blessing, Director of the Arizona Department of Economic Security,
has asked my office to respond on her behalf to the concerns you raised in
your December 16, 1993 letter.
Management from the local Family Assistance Administration office responsible
for your case have reviewed your case record and have provided information
pertinent to the concerns you have raised inyour letter.
When processing your December 14th, 1993 application for food stamp benefits
verification was recieved that you have an active food stamp case in Texas
during the month of December 1993 and that this case would be closed
effective January 1, 1994.
The local office correction determined your ineligibility in Arizona for the
month of December 1993 as you were certified in another state for that month.
Your application was appropriately approved in Arizona effective January 1, 1994.
If you believe this action to be incorrect, unfair or untimely, have the right to
file a Fair Hearing verbally or in writting through the Local Office.
Since the date of your correspondence, the local Office has reported that
you have voluntarily withdrawn in writing from Food stamp Program and action
to terminate your case has been completed. If you have any questions
regarding this information or other concerns regarding the Food Stamp
Program in Pima County, please direct your inquiries to Panfilo Contreras,
District Program Manager in Tucson. He can be reached at 628-6810 or 400 W
Congress Suite 420, Tucson, Arizona 85701.
Sincerely
Bill Hernandez
Assistant Director
Division of Benefits & Medical Eligibiliy
BH:PC:lms
United States Food and 3101 Park Center Drive
Department of Nutrition Alexandria, VA 22302
Argiculture Service
Jan 26, 1994
Mr. Chris Walters
Post Office Box 1475
Rockport, Texas 78381
Dear Mr. Walters:
Thank you for your letter to the Deputy Administrator concerning the Food
Stamp Program. Your letter has been referred to us for response.
You stated that some State agencies refused to close your food stamp case.
We assume that you wanted your food stamp cases closed because you moved
from one place to another. Households are to report changes of residence
and certain other changes to their local food stamp office within 10 days
of the date the change becomes known to the household. Therefore, if you
did report your change of residence as soon as you knew you were going to
move, it appears that the food stamp office would have closed your food
stamp case for you. Additionally, within certain exceptions, individuals
must be living in the project areas where they apply for food stamps and
cannot receive food stamps in more than one project area in any month.
Under the Food Stamp Act of 1977, as amended, the Food Stamp Progam
operates under Federal rules that are basically the same everywhere in the
country. The law makes State Agencies and their local offices responsible
for the day-to-day activities of the program. Therefore, if you reported
to your local food stamp office that you were going to move and your case
was not closed, you may want to contact someone at the State level food
stamp office. In Texas, you may contact Mr. Terry Trimble, Assistant
Commissioner, Texas Department of Human Service, Post Office Box 149030,
Austin, Texas 78714-9030. The telephone number of this office is (512)
450-4140.
You also stated California, Oregon, and Washington only open cases for
homeless applicants for 2 months at a time, while Arizona and Texas allow
a much longer period. You imply that this violates the requirements of
Sec. 5 (2014) (b) of the Food Stamp Act that there be uniform national
standards of eligibility. The Food Stamp Program does have uniform
national standards of eligibility. That does not mean, however, that each
State agency must run the program in exactly the same way as every other
State agency.
We have checked with our regional offices that oversee the States you
mentioned. They have informed us that the certification periods for
homeless households in those States are as follows: Arizona--from 2 to
6 months; California--2 to 12 months; Nevada--at least 6 months; Oregon--
1 to 12 months; Texas --3 to 6 months; and Washington--2 to 12 months.
Under the Food Stamp Act, the Secretary of Agriculture has issued rules on
certification periods. State agencies must follow these rules. The rule
on length of certification periods is found at 7 CRF 273,10(F)(4). It states
that State agencies must assign the longest certification period possible in
view of the household's circumstances. This decision will not be the same
in each decision on a certification period, even though the circumstances
may appear similar to the household involved. We have enclosed for your
convenience a copy of the rule cited previously, along with other related
information on this matter.
If you have other questions or problems with the Food Stamp Program, you
should contact local or State level food stamp office. We hope this information
is helpful to you. If we can be of further
assistance, please let me know. We are returning the paper concerning the
reissuance of your food stamps.
Sincerely, Signed
Judith M. Seymour
Acting Chief
Certification Policy Branch
Program Development Division
Enclosures
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US District Court Western District Texas
U.S. District Clerk's Office
655 East Durango Blvd., Room G65
San Antonio, Texas 78206
210) 472-6550
Chris Walters, )
Plaintiff Pro Se )
)
vs. ) CIV NO SA93CA11115
)
Burton F. Raiford, ) Recieved Dec 28 1993
Defendant )
Ruling of Magistrate John Primo
US Magistrate John PrimoWalters v. Raiford USDC,WDT
states that the State of Texas had the right to take such action based on ruling of US 5th Circuit
Court of Appeals case Victoria V Miller
Title 18 USC 1701 Obstruction of Mail Generally
Federal Crime attempts to obstruct or impede operation of federal law.
What role does US Department of Justice play in embezzling funds and creating overcharges to the
USDA food stamp program? Does evidence exist for Judicial Misconduct Complaint
before 9th US Circuit Court of Appeals? Does evidence exist to investigate US Department of
Justice or impeach US Attorney General before US Congress Judiciary Committee. Does evidence exist for UNHCHR to investigate
US Attorney General or seek fugitive warrants for arrest before the World Court?
US District Court Western District Texas
U.S. District Clerk's Office
655 East Durango Blvd., Room G65
San Antonio, Texas 78206
210) 472-6550
Chris Walters, )
Plaintiff )
)
V. ) Civil NO SA-93-CA1115
)
Burton F. Raiford )
Defendant )
Memorandum and Recommendation
Before the Court is the complaint filed by plaintiff Chris Walters alleging that defendant Burton F. Raiford, the Director of the Texas
Department of Human Services, denied Walters due process in the distribution of food stamps. Title 28 U.S.C. Section 1915(b) authorizes the dismissal of
an in forma pauperis proceeding which is frivolous. Because Walter's complaint, and the attachement thereto, demonstrate that this cause is
frivolous the undersigned recommends that this case be dismissed. The Food Stamp Act, Title 7 U.S.C. Sectin 2011 est seq., provides a state-
administered program for distributing federally funded food stamps. Compliance with the Act is voluntary. The states can comply with the Act's
conditions or forego the benefits of federal funding. Victorian V. Miller, 813 F.2d 718, 719 (5th Cir. 1987). Food stamp benefits are a matter of
statutory entitlement for persons qualified to receive them; thus, such entitlements are a form of property protected by the Due Process Clause.
Atkins V. Parker, 472 U.S. 115, 128, 105 S. Ct. 2520, 2528, 86 L. Ed. 2d 81 (1985). A cause of action does not exist under Title 42 U.S.C. Section 1983
to enforce state compliance with the Act. Victorian v Miller, 813 F.2d 724.
Walters alleges that he has attempted, unsucessfully, to close his food stamp file in texas so that he can recieve food stamps in Arizona. He also
makes reference in his complaint to an unsuccessful effort to close his food stamp file in Arizona. Attached to his complaint in this case is a complaint
and memorandum of law for a case In United States District Court in Tucson,Arizona, in which plaintiff complains that the Arizona authorities refused
to close his Arizona food stamp file. On December 17, 1993, the Arizona case was dismissed sua sponte for failure to state a claim. A letter to Walters,
dated December 15, 1993, from the Arizona Family Assistance Administration indicates that his application for food stamps in Arizona was approved and
that for the months of January-May, 1994, Walters will recieve $112.00 per month in food stamps. The letter reflects that Walter's food stamps case
would be open until Janurary 1, 1994, so no food stamps could be awarded for December, 1993 in Arizona. In his Application to
Walters asserts jurisdiction under Title 28 USCS Section 1331 (Federal question) Because the Courts
of Appeals in Victorian found a right of action under Section 1983, it did not consider whether a private
right of action, for which Section 1331 would provide jurisdiction, can be implied under the Act. 813 F.2d
at 724 n.13 Jurisdiction over Section 1983 claim exists pursuant to Title 28 U.S.C. Section 1343 (a)(3).
Walters's failure to cite the correct statute is not, given his pro se statute, fatal to his case.
proceeding in forma pauperis in this case. Walters indicates he recieved $112.00 in food stamps in December, 1993. At no time does Walters allege that
he has been denied food stamp benefits. He merely complaints, as he did in Arizona federal court, or delays in the closing of his food stamp cases in
each state. His submission reflects reciept of food stamps in December, 1993, presumably in Texas, and the commencement of food stamps benefits in Arizona in
Janurary, 1994. He has not been deprived of any property interest. His complaint is frivolous.
Recommendations
It is therefore, the recommendation of the Magistrate Judge that the
above-entitled and numbered cause be DISMISSED.
Instruction for Service and
Notice of Right to Appeal/Object
The United States District Clerk shall serve a copy of this Memorandum and Recommendation on all parties by mailing a copy to each of them by
Certified Mail, Return Reciept Requested. Pursuant to Title 28 U.S.C. Section 636(b)(1), any party who desires to this report must serve and file written
objections to the Memorandum and Recommendation within 10 days after being served with a copy unless this time pepriod is modified by the District Court.
party filing objections must specifically identify those findings,conclusions, or recommendations to which objections are being made and the
basis for such objections; the District Court need not consider frivolous,conclusive or general objections. Such party shall file the objection with
the clerk of the court, and serve the obections on the Magistrate Judge and all other parties. A party's failure to file such objections to the proposed
findings, conclusions, and recommendations contained in this report shall bar the party from a de novo determination by the District Court. Nettles.
V. Wainwright, 677 F 2d 404, 410 (5th Cir. 1982) See Thomas V AM, 474 U.S. 140, 150, 106 S. Ct 466, 472, 88 L Ed 2d 435 (1985). Additionaly, any failure
and recommendation contained in this Memorandum and Recommendation within 10 days after being served with a copy shall bar the aggrieved party from appealing
the factual findings of the Magistrate Judge that are accepted or adopted by the District Court, expect upon grounds of plain error or manifest injustice. Nettles, 677 F.2. at 410
Signed this 30th day of December, 1983.
Signed
JOHN W. PRIMOMO
United States Magistrate Judge
(***Arrived Certified US Mail 1-3-94
Tallahassee, Fla)Appeal file shortly
later-no reply recieved.
U.S. Court of Appeals for
the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94110-3939
(415)556-9800
Chris Walters, )
Appellant ) Docket USDC-AZ: 93-784 TUC
)
V. ) Docket USCA: 94-105180
)
) COMPLIANCE NOTIFICIATION
Linda Blessings ) TO USDA STANDARDS AND
Appellee ) ISSUES AT LAW
NOW COMES THE APPELLANT Chris Walters to give Notice To the Ninth
Circuit Court of Appeals or any party of interest that:
(1) On or about Feburary, 1994 USDA Food and Nutrition Service (800-424-9121) issued
a ruling concerning the federal policies concerning the right to: have food stamp cases closed on request
of food stamp recipient. Have cases opened for 2 month period for those persons unsure of permanent housing.
In July, 1994 Arizona Department of Economic Security closed Case 286667 in Tucson at the
request of the Appellant in a manner prescribed by the USDA rulings in question. In August,
1994 Texas Department of Human Services at Kerville, Texas opened a food stamp case for
Appellant Chris Walters for the months of August, and September, 1994 or a two month period.
Director Linda Blessings and Arizona Department of Economic Security and Director Burton Raiford
of Texas Department of Human Resources in the related case have demonstrated compliance with
the federal statutes set by the Congress.
Respectfully Submitted By
Chris Walters
Appellant Pro Se
c/o 735 South Stone Avenue
Tucson, Arizona 85701
Certificate of Service
I Chris Walters Appellant in the above cause do state that a
true and correct copy of the foregoing document was mailed to:
Clerk U.S. Court of Appeals For
Ninth Circuit
P.O. Box 193939
San Francisco, CA 94110-3939
Director Linda Blessings
Arizona Department of Economic Security
PO box 6123
Phoenix, Arizona 85005
Director Burton Raiford
Texas Department of Human Services
701 W 51st Street
PO Box 149030
Austin, Texas 78741-9030
this 24 th day of October, 1994:
By Chris Walters, Appellant
U.S. Court of Appeals for
the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94110-3939
(415)556-9800
Chris Walters, ) Chris Walters, )
Plaintiff Pro Se) Appellant )
) )
vs. ) vs. )
) )
Burton Raiford, ) Linda Blessings )
Defendant ) Appellee
CIV NO SA93CA11115 Docket
USDC-AZ: 93-784 TUC
Recieved Dec 28 1993 Docket
USCA: 94-105180
Obstruction of Federal Court Order
The Shelter According to it's staff obstructed Orders
from 9th US Circuit Court of Appeals in 1994? The apparent intend was to end litigation and appeals in food stamp question being held over 2,000 miles away.
This is a question of violation of Title 18 USC 1708 Sec. 1708. - Theft or receipt of stolen mail matter generally
with the intent to violate Title 18 USC 402 -contempt with the intent
violate Title 18 USC 371 Conspiracy to defraud the United States to
defraud the food stamp program as suggested by the example below:
District 2 Bob Williams
Cedars Executive Center
2639 N. Monroe St., Suite 100-A
Tallahassee, FL 32399-2949
850/488-0567
FAX: 850/921-1888
Florida CFS
Caught In Food Stamp Fraud?
1. Florida Department of Children and Families issued food stamps on 10-17-1994
and ignores written request shortly later to close food stamp because I am moving out of the Florida
2. City of Tucson writes letter to local homeless shelter on
December 7th, 1994 I am doing volunteer work for a City Agency as part of training program
3. Florida Department of Children and Families asked Welfare
officals in Barstow, Ca not to issue food stamps 12-22-94 because they claim I picked up my benefits 12-7-1994
in Gainesville, Fl and have an "open case"
4. Exactly how I could be both in Gainesville, Fl and Tucson, AZ on 12-7-1994 remains a great myster
City of Tucson
Office of Economic Development
International Program Division
PO Box 27210,
Tucson, AZ 85726 USA
Tel: 602-781-5093
FAX: 602-791-5413
December 7th, 1994
Manager, Job Connection
PrimaVera Foundation
735 South Stone
Tucson, AZ 85701
Dear Manager
I am writing this letter to inform you that a resident at your shelter, a Mr. Chris Walters has been volunteering his time energies
to an economic development project with me.
This project, an Internet database resource, will continue for several months this winter, and Chris involvement is key to the
project's success.
Chris will be working part time on the project and will be looking for full-time work for the rest of the time. Of course, Chris'
involvement in the project would also enhance his employability.
Chris informs me that this letter would help him secure an extension or longer period of residence at your location. I
would hope so; this project needs Chris.
If you have any questions, please give me a call at the number above.
Thank you.
Signed John D'Andrea
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