Barry J. Smith v. Community Care Inc., et al.

Is the first question to be answered by both the district courts and the courts of appeals, when a civil complaint is presented to them, whether they have subject-matter jurisdiction, and when the answer is NO, does either court have judicial authority to reach the merits of the case and to grant any motion other than pursuant to Fed. R. Civ. P. 12(h)(3) Lack of SubjectMatter jurisdiction?

Is petitioner, who is a born in America Four­ teenth Amendment citizen, who has been convicted of a crime and sentenced to a Thirteenth Amendment punishment of public/government enslavement, upon payment in full of that judicially pronounced debt to American society, restored to his status of Fourteenth Amendment citizenship, which guarantees to him equal protection of the law?

Do the due process of law clauses of the Fifth and Fourteenth Amendments allow the federal judiciary to bar petitioner out of federal civil court based solely on his ethnicity, “Black descendant of American slaves”, and his race, “American Negro”?