DC Federal District Court

Writ of Mandamus

IN RE: Rev. Ryan Sasha-Shai Van Kush

1723 Candleglow St
Castle Rock, Co 80109

Writ of Mandamus

Jurisdiction:

28 U.S. Code§ 1361​- ​Action to compel an officer of the United States to perform his duty

"​In an effort to prompt a response from the DEA, Olsen unsuccessfully sued in the Eleventh
Circuit to compel agency action. Olsen v. DEA, 776 F.2d 267 (11th Cir. 1985) (affirming district
court's dismissal of Olsen's complaint), cert. denied, 475 U.S. 1030, 106 S.Ct. 1236, 89 L.Ed.2d
344 (1986). Thereafter, in January 1986, Olsen petitioned the U.S. District Court for the District
of Columbia for a writ of mandamus, and that court, in March 1986, directed the DEA to show
cause why the writ should not issue​."
-Olsen v. Drug Enforcement Admin. 878 F.2d 1458 (D.C. Cir. 1989)

5 U.S. Code§ 552a​- ​Records maintained on individuals

"​Miranda initially asserted that this was a case of mistaken identity and submitted a FOIA
request to DEA for records of any investigation relating to her. DEA conducted a search of its
investigative filing systems for responsive records and found one fourteen-page investigative
record confirming Miranda was the subject of a DEA criminal law enforcement investigation.
Later, DEA found two additional pages of records, bringing the total to sixteen pages. Citing
FOIA Exemptions 2, 3, 7(A), 7(C), 7(D), and 7(F), 5 U.S.C. § 552(b)(2), (3), (7), DEA withheld
the documents in their entirety from Miranda. Miranda appealed this denial administratively to
the DOJ's Office of Information and Privacy, but that office affirmed DEA's decision​."
-Juarez v. Dept. of Justice, 518 F.3d 54 (D.C. Cir. 2008)

42 U.S. Code CHAPTER 21B​- ​RELIGIOUS FREEDOM RESTORATION

Even Prisoners have Religious Right to Sacraments

"Until recently, however, prison officials have permitted the chaplain to administer small
amounts of wine to Catholic inmates during Communion, through intinction, with precautions."
-Levitan v. Ashcroft, 00-5346 (D.C. Cir 2002)
"​Romans 14:23. ‘he that doubteth is damned, if he eat, because he eateth not of faith: for
whatsoever is not of faith is sin.’ ... [co]mpulsion in religion is distinguished peculiarly from
compulsion in every other thing. I may grow rich by art I am compelled to follow, I may recover
health by medicines I am compelled to take agt. my own judgmt., but I cannot be saved by a
worship I disbelieve & abhor.​ "
-Thomas Jefferson

History:

I am a Hindu Shaivite Priest, called a Sadhu, meaning I worship Lord Shiva and I also consider
myself to be a Prophet of Lord Shiva, existing on Earth for the purposes of my God. I converted
to Hinduism at age 14 and was Ordained at age 17 (August 2009). I am a NeuroSpiritualist (any
Religious person may also be a NeuroSpirtualist, there are also Christian NeuroSpiritualists)
and was at one time a Member of the Church of NeuroScience before the death of the Pastor
Dr. Jeremy Kerr. As a Hindu I am a Polytheist, as a Shaivite I believe that the Supreme Lord is
Lord Shiva, and as a Vedic Hindu who considers the Rig Veda to be my Holy Text, I also
consider Lord Soma to be a Primary God. Lord Shiva is traditionally Represented on Earth by
Marijuana, called "Ganja" because Humans grew it first by the Ganges River, and Kush
because Humans brought the seeds from the Kush Mountain Range. The founder of our
American Shaivite Sect is Dr. Alexander "Sasha" Shulgin, PhD, who invented many Holy
Molecules, called "Somas" in the Vedic Tradition, made from Plant Extracts made by Fractional
Distillation, then Synthesized by various methods from that point. We consider Sasha Shulgin's
invention 4-OH-MiPT, Miprocin, to be the representative of the Lord God Soma.

In 2010 I was forced to leave my Home State of Texas for Colorado as a Refugee because the
State arrested me for my Religion, and 3 Public Defenders refused to allow a Religious
Defense.
For other Refugees, See ​Washington et al v. Sessions et al, No. 1:2017cv05625 - Document 64
(S.D.N.Y. 2018)

Privileges and Immunities Clause, US Constitution

"to secure and perpetuate mutual friendship and intercourse among the people of the different
States in this Union, the free inhabitants of each of these States . . . shall be entitled to
allprivileges and immunities of free citizens in the several States; and the people of each State
shall free ingress and regress to and from any other State, and shall enjoy therein all the
privileges of trade and commerce, subject to the same duties, impositions, and restrictions as
the inhabitants thereof."

In 2013 my 12 year old Brother was killed in Colorado by my former Stepdad when my former
Stepdad gave him Peanut Butter M&Ms. He then tried to drive him to the Hospital with no
Epipen being administered, and a Careflight had to come get him. He died and was put on a
Ventilator and put in a Coma at the Hospital. Due to the Traumatic Brain Injury (TBI) his brain
began Edema and swelled. I have not lived with my parents since I was 17 years old (and
off-and-on between 14 and 17), so I was not there and was told that he was in a Coma and
began researching how to fix him when he went home. I got there a day after he was put in the
Hospital and the Doctors said "We are willing to try anything", so I started doing research and
found that Cannabinoids reverse Edema, the particular one they used in the Research Papers
was 2-AG. The Doctors said it would work, but were afraid to use Marijuana because of Federal
Law. Dr. Reid Shakleford, who helped write the Colorado Marijuana Law, was also afraid to
allow it because of Federal Law, but he could have written a Prescription under Colorado Law.
So the Doctors said it would have to be 2-AG, and I would have to find it myself. So my brother
died due to Federal Law. The Controlled Substances Act.

In early 2016, the Austin Police Department in Texas seized various Sacramental Herbs, Seeds
and Nootropic Powders such as Galantamine (an Acetylcholinesterase Inhibitor), Tryptophan
(the Molecule in Turkey that makes you tired), Uziza Leaf (a Nigerian Herb used to increase
appetite), and various other plants and seized them on the grounds that they were not Cocaine,
Heroine or Methamphetamine in field tests, and they did not know what it was. I sued the Police
Department and they returned everything but the Federal Court dismissed the case on the
grounds that Police Departments can't be sued, you have to sue the City.
Gallagher v. Austin PD, 1:16-CV-527-RP (WD TX 2017)

Nearly the exact same thing happened to Dr. Jeremy Kerr, Pastor of the Church of
NeuroScience, in New Orleans.
Kerr v. New Orleans Police Department, No. 2:2013cv00525 - Document 10 (E.D. La. 2013)

In late 2016 I filed an Administrative Claim with the DEA, after the Federal Government opened
up Marijuana Research growing Registration with no guidance for Religious growers, and
received no response.

28 CFR § 14.2 -​​Administrative claim; when presented

81 FR 53846, 21 CFR 1301, Doc# 2016-17955, Docket No. DEA-447 -​​Applications To Become
Registered Under the Controlled Substances Act To Manufacture Marijuana To Supply
Researchers in the United States

"​Bluewater Network v. EPA, 372 F.3d 404, 410 (D.C. Cir. 2004) (quoting Chevron U.S.A. Inc. v.
Natural Res. Def. Council, 467 U.S. 837, 842-43, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694
(1984)). Noramco contends that under Chevron step one, the unambiguous language of section
823(a) (1) requires that, before the DEA approves an application for registration to import a
Schedule I or II controlled substance, the agency is required to balance the risk of unlawful
diversion of the substance against the need for competition by ensuring both (1) that effective
controls will be maintained against diversion and (2) that approval will not increase the number
of importers beyond that which can "produce an adequate and uninterrupted supply of these
substances under adequately competitive conditions for legitimate ... purposes," 21 U.S.C. §
823(a) (1). We disagree.​"
-Normaco v. DEA, 375 F.3d 1148 (D.C. Cir. 2004)

I then filed the IFP case ​Gallagher v. DEA, 3:17-cv-00734 (N.D. TX 2018)​in the Northern
District of Texas in March 2017 and waited for 28 U.S. Code§ 1915 service by US Marshalls.
This case remained open for more than a year, I then filed a Motion for the Judge to show
cause and within 2 days a very rushed Magistrate R&R was filed, stating that this was a Bivens
case and I would need to sue Agents of the DEA, not the DEA itself. But the suit did in fact
name the US Attorney General and was dismissed erroneously. I did not understand the
appeals process at that time, and requested a Writ of Mandamus from the 5th Circuit, then a
few months later realized I should have started with an appeal and appealed. Both were denied
by the 5th Cir.

Before those were finished, in October 2017 I contacted the DEA via the email address
ODLP@USDOJ.gov​and asked:

"The Native American Church uses Peyote (Mescaline), the Santo Diame Church uses
Ayahuasca (DMT), the Temple of True Inner Light uses DPT, and the DEA is aware of and
allows all of this under the RFRA. How do I do this right, and file with the DEA for Religious
Exemption"

In an email response they sent me a Document titled "RFRA DEA Guidance". Which said to
submit a Petition to DEA agent Joe Rannizicci, and Guidance for that Petition. I looked him up
and he had resigned from the DEA and was suing the DEA for starting the Opioid Crisis. So I
called the DEA, and after days of trying to find someone who even knew about this, I was told to
send the Petition to Demetra Ashley. I then mailed it to her, October, 2017.

I then met with the Colorado Marijuana Enforcement Division of the Colorado Department of
Revenue in November 2017, and was told by them that they knew they were in violation of
Federal Law and that they did not have a Religious option because "we aren't the DEA". They
said they had no Jurisdiction over Religion as a State Law Enforcement Body, because the 1st
Amendment is Federal.

In Feb 2018 Demetra Ashley resigned, and the link on the DEADiversionControl website with
DEA RFRA Guidance was removed, and remained gone through March 2018, it then
reappeared saying that the Point of Contact was now Susan A. Gibson. I found every FDA, DEA
and USDA email I could (around 900 emails) and sent them a PDF copy of my Petition with the
Subject "PLEASE FWD: TO SUSAN A. GIBSON". And someone must have done that because
in April 2018 I received an Email from DEA Agent James A. Arnold, head of Policy and Liaison,
stating that my Petition was under review. The Petition process for Religious Exemption from
the CSA was established by ​Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546
U.S. 418 (2006)​the accepted and Denied their first Petition in ​Marc Perkel v. DOJ, 08-74457
(9th Cir. 2010)​in which they cite ​Africa v. Commonwealth of Pennsylvania, 662 F.2d 1025 (3d
Cir. 1981)​.
I sent a sample of 4-OH-MiPT, Miprocin, Eucharist of the Lord God Soma double Ziplock sealed
in a letter requesting a Forensic NMR test like Austin PD did, so they could see Miprocin is not
even a scheduled substance. I sent them pictures and left voicemails to inform them and they
called me saying they were intercepting the letter, and they then began halting my mail to
screen it before it went to the Courts as if I am a Terrorist, even though I mailed that to them
and was completely upfront that I was doing so, See ​Bond v. United States, 564 U.S. 211
(2011)​. I continued to contact him for months and he continued to say it was "under Review"
until July/August he passed it to the Colorado DEA Office to DEA Agent's Dan McCormick and
"Drew". I spoke with them on the phone and together we scheduled an in person meeting for
August 14th, 2018. I then contacted Tiny Martinez and Miguel Lopez, who founded the Colorado
4/20 rally, and with Tiny Martinez began to plan a Sacred Holi Celebration in front of the DEA
building on August 14th. The Arapaho Police Department and City Planner told me it was fine,
and that we would not need a permit unless we intended to overflow into the Street. I contacted
local Media about the Holi Celebration and gave them the phone number for the DEA Agents
and City Planner. I also considered the DEA's meeting to be an Interrogation in violation of my
5th Amendment and an Illegal Government Entanglement with my Religion and requested an
Attorney, which they denied.

In mid 2018 I filed a Case in the Colorado Federal Court against the DEA ​Gallagher v. DEA,
1:2018cv02505 (Co D 2018)

The case was assigned to Magistrate Gordon P. Gallagher, see ​Van Kush v. 10th Circuit
Executive/Administrative Office of the Judges, et al 1:20-cv-00476 (DDC Currently ongoing)

Judge Gallagher said that I had not used the Appropriate forms under FRCiVP Rule 8, and
refused to acknowledge Rule 83(a)(2) Non-Willing Non-Compliance. I then sent a letter
requesting that the US Marshals be present because Dan McCormick was not vocally opposed
to the Holi Celebration, but "Drew" said that he would probably send Agents out to arrest
people.

The Local Media called the DEA, and they cancelled the in person meeting. And we scheduled
a Phone Call for August 14th. On August 14th, 2018, we got on the phone and Dan McCormick
was the person I talked to. I told him that I was being Coerced by him into having the
Conversation, and that I considered it a Violation of my 5th Amendment and Government
Entanglement with my Religion. He told me he would give me a copy of a recording of the call
when it was over, and we talked for about 1-2hrs about what my Religion entailed. At the end of
the phone call he said he would put in a FOIA request. He did not do so, and I put one in, the
DEA FOIA people lost it and made me submit it again. Then they responded saying FOIA
doesn't allow them to create documents, and I told them again I was requesting a phone call I
was a party to and the subject of, and that it was a Privacy Act request. It is now 2020 and they
have yet to provide a copy of the phone call, but claim they are Reviewing my FOIA, refusing to
accept it is a FOI/PA. I did send them a DOJ Certification of Identity, ​DOJ Form 361. ​DEA FOIA
#s ​19-00656-F​and ​20-00139-F

Gallagher v. DEA, 1:2018cv02505 (Co D 2018)​Judge Gordon P. Gallagher then acted as if the
DEA had approved exemption, said that my 5th Amendment Claim was an accusation of
"Subterfuge" by the DEA, ignored almost every filing and letter Docketed on the case, and
Dismissed it and Sanctioned me for Emailing him too many times. I then appealed, and the 10th
Circuit affirmed that the DEA had Approved my Exemption, which is false. They have yet to
approve or deny my Exemption.

I filed a Case regarding the Marijuana Contract between the DEA, FDA and University of
Mississippi to grow Marijuana for FDA CDER and the ND MS court called the Colorado case
"Res Judicata", which is ironic because that is what I want, they then Sanctioned me, See
Gallagher v. DEA, 3:18-cv-00263 (ND MS 2019)

The Eastern District of Texas then cited the ND MS case and did the same, See ​Gallagher v.
Paxton, 4:18-CV-575 (E.D. Tex. Sep. 10, 2019)

In late 2018 I filed with the SBA Ombudsman, under ​SBREFA 5 U.S. Code CHAPTER 6—THE
ANALYSIS OF REGULATORY FUNCTIONS​and in February 2019 the DEA attacked me,
claiming I lived with my Mom (at the time I lived with my Mom's Boyfriend's Son halfway across
the State) and claimed I asked for a Medical Marijuana Exemption for Animals (I told them that
the most Ancient form of the Supreme Lord God Shiva was Pashupati, Lord of Animals, and
requested Exemption from Veterinary Law to Treat Animals, not anything to do with Marijuana),
but at least affirming that my Petition was still under Review in contrast with the Colorado
Federal Court and 10th Circuit Opinions. I submitted a 2nd Complaint through the SBA
Ombudsman under SBREFA, and they sent a much less Bigoted response saying that my
Petition was under review (This was May 2019, the Petition was submitted October 2017).

March 31st, 2019 I sent a 2nd Administrative Claim. ​28 CFR § 14.2 -​​Administrative claim; when
presented

This time they responded abruptly, and told me that I could sue them under the Federal Tort
Claims Act. ​28 U.S. CodeCHAPTER 171​- TORT CLAIMS PROCEDURE

I filed the Tort Claim in the Western District of Texas and New York. New York sent it to
Colorado, even though I live in Texas and Colorado dismissed it citing their Sanctions on me
from the 2018 DEA case that they were clearly in error on and that the 10th Circuit wouldn't
correct them. In Texas they simply ignored that it was a Tort Claim, and interpreted it as a Title
42 USC 1983 Case, and said that the DEA was Sovereign and the Agents were Sovereign.
The Shaivite Temple v. DEA, A-19-CV-01136-RP-SH (W.D. Tex. Nov. 27, 2019)
Gallagher v. DEA, 19-CV-10988 (CM) (S.D.N.Y. Dec. 13, 2019)
I was made Homeless in 2018 due to having to fight 2 States and the US Government with no
attorney, and them literally hiring law firms with 200+ attorneys in some cases, which is time
consuming and life consuming. So I was unable to prosecute my own appeal because I could
not afford a stamp and envelope.

In September 2019 James A. Arnold, retired from the DEA and Aziz Elkholy took his place. I
email Aziz and we set up a phone call, during the call Aziz told me that this was not his job or
James Arnold's job, that James should have never done anything he did, and that Loren T.
Miller was the point of Contact, not Susan A. Gibson and that Susan has nothing to do with this
(they have yet to fix the DEA Guidance document to remove Susan A. Gibson). Aziz then told
me to email Loren and he would discuss it with me. Loren refuses to either respond to emails or
return phone calls.

Relief Sought:

I ask that DEA FOIA #s 19-00656-F and 20-00139-F be processed and released. And that the
DEA Acknowledge that they are PRIVACY ACT requests, FOI/PA not FOIA requests. They just
simply refuse to acknowledge it and then continuously act as if I need to ask for Documents. I
am waiting on a recording of a Phone call I was part of with DEA Agent Dan McCormick, not
looking for Publicly available documents.

These are the FOIA Emails I have available, but they say their Supervisors are the ones holding
it up
Aneris.kent@usdoj.gov
Christopher.Y.Haugen@usdoj.gov

I further request that the DEA simply either Approve or Deny my Petition from 2017, so that we
can all move forward with our lives and stop wasting Taxpayer money.
Loren.T.Miller@usdoj.gov
Aziz.Elkholy@usdoj.gov
Susan.A.Gibson@usdoj.gov

Reason Writ Should Issue:

The DEA is simply not responding because their usual argument is that people form their
Religion around the US code and DEA Rules, but in my case I would have never been involved
with the Federal Government had they not started conflict with my Religion that I have been
practicing since the age of 14.

The DEA knows if they deny me, we can go to Court to argue about my Religion, and they fear
that. They must respond to my Petition though. I have every right to a response.

S/_Ryan_Gallagher___
Rev. Ryan “Sasha” Gallagher
Mahatmajapa@gmail.com
1723 Candleglow
Castle Rock, Co 80109