THE UNITED STATES DISTRICT COURT,
MIDDLE DISTRICT OF FLORIDA,
MARK E. SCHMIDTER and JULIAN
STATE OF FLORIDA
CASE #: 6:12-CV-1102-ORL-31-KRS
Heicklen and Schmidter v. State
Appellate Case # 5D113036
changed to 6:12-cv-01102-RBD-KRS
Re: Ninth Judicial Circuit Court
in and for Orange and
NOTICE OF MOTIONS
MOTION that Administrative Order
2011–03 be declared unconstitutional
MOTION that Mark Schmidter be
released from custody immediately
Counsel Pro Se
36 Rachel Immenu #2
Jerusalem, Israel 93228
MEMORANDUM OF LAW
1. On March 28, 2013, NOTICE of Motion to Declare Unconstitutional
Administrative Order 2011-03 by Julian P. Heicklen (RDO) (Document #44)
was filed with the court.
2. All that is required to act on this Motion is to read the decision
in United States v. Grace, 461 US 171 (1983) and see if that decision
declared U. S. Statute 40 U. S. C. § 13k unconstitutional.
If so, then Administrative Order 2011–03 is unconstitutional, and
this case draws to a close. More importantly, Mark Schmidter will
be released from custody where he is serving an illegal sentence of 145
3. Any judge, or anyone else, could make this decision and write an
Order within 24 hours. However this Court has ignored the Motion,
thus keeping Mark Schmidter in illegal custody.
4. On the other hand, Counsel for the Defense, John Fisher submitted a
lengthy multifaceted request to file an amended response (Documents #
49 and 51). It was filed on April 16, 2013, and accepted by Judge
Roy B. Dalton on April 17, 2013, before a response was received, or
could have been received, since Plaintiff Heicklen did not see the
submitted document until April 18, 2013.
5. Plaintiff Heicklen filed a Response to “ Motion and 
Amended Answer and “MOTION for Miscellaneous Relief,”
specifically to deny  “Amended Answer and Affirmative
6. In his Response , Plaintiff Heicklen refuted every pertinent
argument presented by Defense Counsel Fisher.
7. Yet the Court has not withdrawn its acceptance, nor even replied to
8. Also included in Plaintiff Heicklen’s Response were MOTIONS
for Ethical Sanctions.
9. Meanwhile this Court is keeping an innocent man in prison. Is
this your idea of justice? Have you no decency?
10. Plaintiff Heicklen moves again that Administrative Order
2011–03 be declared unconstitutional to conform with the U.
Supreme Court decision in United States v. Grace.
11. Plaintiff Heicklen further moves that Mark Schmidter be released
from custody immediately.
Plaintiff Heicklen certifies that the accompanying
Memorandum of Law and Notice of Motions dated May 8, 2013, was
sent by E-mail to the following on May 8, 2013.
John Edwin Fisher email@example.com, firstname.lastname@example.org
Jamie Billotte Moses email@example.com, firstname.lastname@example.org
Adam Harold Sudbury (Terminated) email@example.com,
Yours in disgust,
Counsel Pro Se
NOTICE 44: NOTICE of filing on March 28, 2013 of “Motion to
Declare Unconstitutional Administrative Order 2011-03” by Julian
P. Heicklen (RDO) (Document 44)
NOTICES 49 and 51: NOTICE of filing Fisher’s submissions
 Motion and  Amended Answer and Motion for Miscellaneous Relief
NOTICE 52: NOTICE of filing on May 2, 2013 ”Response to documents
49 and 51” by Julian P. Heicklen (RDO) (Document #52)