The Continuing Saga to Expose the Origin of AIDS

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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
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