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2d 426-a€ 4297236,88°S Ct 1549(1968),states in part: "The writ of habeas corpus is a procedural device for subjecting executive, judicial or private restraints on liberty to judicial scrutiny.Where it is available it assures among other things that a prisoner may re- quire his jailer to justify the detention under the law." For the past twenty one(21) consecutive years,the federal aut- horities,has avoided justifying the crimes knowingly committed in the trial of appellant June 4-8,1976 heretofore,denying re- peatedly an evidentiray Hearing,and each other Civil Rights Complaint or Petition thereafter,Sua Sponte both Pay and in forma pauperis pleadings,does not justify the requirements of federal authorities.E.g.,in district court's second en banc or- der,See copy of Caption attached as Appendix(N),its listed(50) cases claimed Appellant filed in the past twenty years,which the district court en banc claimed to be frivolous,But not one of those (50,Cases).:did the court [ Precisely stated an issue or claim in anyone of those pleadings to be frivolous ]J,a cou- rt M-U-S-T Do WM-O-R-E than cite past filings,by a plainti- f£,that never were Heard,or evidence considered.Each time jus- tice were denied to Appellant,he were again punished for the same tainted crimes,and again put in ( Jeopardy ). CONCLUSION For all .the reasons set out above,this appeal should be in the best interest of justice and fair play,remand this case back to the district court with instructions,to hold an Evidentiary Hearing,that appellees,and Appeilant may represent their evi- dence.Appellant states that his evidence will prove Guilty be~ yond any doubt,and not resting merely on Preponderance-of-—evi- ~46—