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BOYD E. GRAVES' RESPONSE IN OPPOSITION TO THE UNITED STATES
(UNTIMELY) MOTION TO DISMISS
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
BOYD E. GRAVES, :
Plaintiff, :
:
v. : Case No. : 02 cv2396
:
THE UNITED STATES OF AMERICA, : Judge Jeffrey Miller
Defendants. :
PLAINTIFF’S RESPONSE IN OPPOSITION TO
THE UNITED STATES (UNTIMELY) MOTION TO DISMISS
NOW COMES plaintiff, Boyd E. Graves, in propria persona who will argue on June
27th, 2003 that the United States motion to dismiss the lawsuit seeking the
full disclosure of all United States documents which imply directly or
indirectly the United States has developed HIV/AIDS (and other synthetic
biological agents) should be denied. The Court should Order the defendant to
file an ‘answer’ to the complaint filed on December 6, 2002 and served on
Attorney General John Ashcroft on March 1, 2003 via certified mail.
DEFENDANT’S MOTION TO DISMISS IS UNTIMELY
Pursuant to the federal rules of civil procedure, a federal defendant has
sixty days (60) in which to file an answer to a complaint or in the
alternative a motion to dismiss. In this instant action, defendant chose to
file a motion to dismiss in lieu of an answer. For defendant’s motion to
dismiss to be timely, the federal rules require that defendant’s motion
should have been filed no later than May 1, 2003. The record reflects that
defendant filed its motion to dismiss on May 5, 2003, on the 64th day.
Defendant has failed to respond to the complaint within the time period
required by the federal rules. Plaintiff believes the Court’s inherent
equitable power should be exercised by punishing defendant for delay and
contumacious conduct and requiring an immediate release of documents as
aforementioned. In that defendant’s motion for dismissal should be rejected,
plaintiff believes the Court should entertain the people’s motion for
default judgment against the United States.
BACKGROUND OF PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT
The intent and plain meaning of the Freedom of Information Act requires the
Court to Order the immediate “full disclosure” of all U.S. documents which
imply directly or indirectly the United States has developed HIV/AIDS. The
sheer public significance of the truths of this issue demand the truth is
known. The voluminous science, medical and U.S. policy decisions in the
development of HIV/AIDS can not be overcome with vexing litigation, nor can
they be further overlooked by the judicial branch of the United States. The
United States Constitution requires the judicial branch of government to do
the people’s business, particularly when the other two branches of
government have died from their own incestuous ness. The judicial branch of
government, specifically the United States attorneys, owes a Constitutional
obligation and duty of service to the American people, to stand for the
American people in the face of wrongdoing by our government and to ‘blow the
whistle’
on lawless acts of the government or its employees In this instant action, it
is the U.S. attorneys who the Attorney General will assign who will have to
deal with the perplexing dichotomy of serving a Constitutional government that
seeks to secretly kill its own citizens and others. Plaintiff believe the U.S.
Constitution supports the immediate disclosure of the U.S. Special Virus
program and the equivalent U.S. policy decisions to develop HIV/AIDS going
back as far as the 1878 U.S. mandate of a U.S. Laboratory of Hygiene. Even
today, the laboratories mandate to “research diseases of world origin” has
not been fully explained. In 1902, the United States funded the Cold Springs
Harbor Laboratory in New York, and two years later they opened the U.S.
Station for Experimental Evolution. In 1910, chickens became the victims of a
man made transmissible agent which bears striking homology to HIV/AIDS, the
Rous Sarcoma Virus.
A genuine issue exists that compels the Court to look at the evidence in favor
of the no-moving party. Here, the United States cannot withstand the science
and medical evidence of AIDS bioengineering being presented from their own
policy decisions, sworn testimony and progress reports of the secret program.
Here, the United States must rely on American citizens (U.S. attorneys) to
buffer it from the masses of the American citizenry, in our quest for truth
and fact. The American citizenry should not remain in the dark as to the
antics of a Constitutional government, who on the one hand espouses equality
and freedom for all, while at the same time, socially engineering
(centralizing) the intelligence to allow for ethnic cleansing and genocide.
Clearly here, the establishment of the true origin and root cause of a mystery
plague that has mysteriously ingratiated itself into the human genome within
the last eighty years, would significantly impact animal and human medicine
and
science for the next thousand years. Without the immediate intervention of the
judicial branch of government, entire racial species and ethnic creeds of
millions of people could be “artificially removed” by the ongoing
development and continuation of state sponsored ethnic weapons of mass
destruction.
HIV/AIDS IS A SYNTHETIC BIOLOGICAL AGENT
According to the 1971 progress report of the U.S. Special Virus program,
HIV/AIDS is a recombinant (virus) agent that has been formed by converging a
leukemia and a lymphoma. See page 2. The United States concedes that it is
seeking to make a candidate human virus. Id. In 1984, (alleged) co-discoverers
of HIV/AIDS, Drs. Robert Gallo and Luc Montagnue, concluded the original name
of HIV/AIDS is “LEUKEMIA/LYMPHOMA” virus. See, Montagnue, L. & Gallo,
R.C., et. al., “Human T-Cell Leukemia Lymphoma Virus”, Cold Spring Harbor
Laboratory, (Cold Spring Harbor, NY, 1984). Additionally, the United States
admits that the nazi sheep virus visna, had not yet appeared in human disease.
See page 39. Today, according to all science and medical criteria, HIV/AIDS
evolved from nazi sheep visna virus and but for this litigation defendant has
yet to explain how visna virus suddenly hopped species in the 1970’s.
In this regard, the U.S. General Accounting Office (“GAO”) began an
investigation into the U.S. origin of HIV/AIDS in July, 2001 at the bequest of
a Congressman. Last June (2002), the GAO erroneously and inaccurately
concluded, without science citations or support, that HIV/AIDS and visna sheep
disease had evolved together over thousands of years! However the medical and
science evidence clearly shows that visna did not exist prior to 1932 and that
there was no visna in human disease as late as 1971. The United States has
sought to hide, dispel, distract and mislead any serious inquiry into the U.S.
Special Virus program at every level and by every means necessary until this
litigation. It is AIDS co-developer himself, defendant, Robert C. Gallo who
also concludes that HIV/AIDS evolved from nazi sheep visna virus disease. See
Gallo, R.C., et. al., Science, Vol. 223, pp. 173 177, January, 1985. See
also, Proceedings of the United States of America, National Academy of Sciences, Vol. 83, pp. 4007 4011, June, 1986, Sonigo, Cell, 1985 Aug 42(1):369
362, “Nucleotide Sequence of the Visna Lentivirus: Relationship to the
HIV/AIDS Virus”. Moreover, it is the United States’ own proceedings which
concludes that because of visna (being the causative agent of HIV/AIDS),
sheep, not monkeys are the best animal model for the testing of new
anti-HIV/AIDS drugs. See, Proceedings of the United States of America,
National Academy of Sciences, Vol. 92, pp. 3283 3287, April 11, 1995. But
for the defendant’s legal shenanigans to thwart the exposure of the truth
about the U.S. creation, production and proliferation of HIV/AIDS, this
important public matter would have surfaced long ago.
Plaintiff argues an Order requiring defendant to provide full disclosure of
the federal virus development program would immediately begin the irreversible
process of removing HIV/AIDS, the U.S. special virus, from the human genome.
Equally, full public disclosure would allow for the immediate large scale
dissemination of the inexpensive U.S. cure for AIDS, U.S. patent #5676977. In
1997, the U.S. awarded Rhode Island Company, Marentech the patent for the cure
for AIDS. In November, 2001, plaintiff accessed the cure and has been free of
prescription drugs for nearly two years. Plaintiff firmly believes that others
would greatly benefit from an inexpensive AIDS treatment, patented by the
United States as a cure. Also, a review of the conference papers from the
“VIRUS CANCER” symposium held at M.I.T. in 1926 would shed significant
science and medical insight surrounding the United States’ early research
into ethnic immune-depletion (suppression) synthetic biological agents. Additionally, plaintiff further believes the United States enacted Executive Order
13292 on March 25, 2003 as a means to prepare itself to further insulate the
federal program that made AIDS from the American people. The plethora of U.S.
documents and sworn testimony allow for any trier of fact to conclude the
HIV/AIDS pandemic is the result of concerted science and medical efforts on
the part of the United States and others to achieve a ‘contagious cancer
that selectively kills’. WHEREFORE; plaintiff prays the Court will deny
defendant’s motion to dismiss and grant his motion for default judgment by
ordering the immediate disclosure of all documents and records which imply a
laboratory birth of HIV/AIDS, both directly and indirectly.
Respectfully submitted,
Boyd E. Graves
4486 38th Street, Unit #1
San Diego, CA 92116
619-281-8401
CERTIFICATE OF SERVICE
I, Boyd E. Graves, do herby certify that I served a copy of plaintiff’s
response in
opposition to defendant’s motion to dismiss on:
John C. Ashcroft
Carol C. Law
Beth L. Levine
United States Attorneys
Civil Division
880 Front Street St. Room 6293
San Diego, CA 92101-8893
Sent this 24th day of May 2003, via first class mail, postage prepaid.
__________________________
Boyd E. Graves
Boyd E. Graves, J.D.
-------------------
Cell - 619-204-5683
Email - boyded2002@yahoo.com
Toll free - (800) 523-2372 Ext. 13046




