COMPLAINT FORM

JUDICIAL COUNCIL OF THE NINTH CIRCUIT

COMPLAINT OF JUDICIAL MISCONDUCT AND DISABILITY

MAIL THIS FORM TO THE CLERK, UNITED STATES COURT OF APPEALS, P.O. BOX 193939, SAN FRANCISCO, CALIFORNIA 94119-3939/tdc. MARK THE ENVELOPE "JUDICIAL MISCONDUCT COMPLAINT" OR "JUDICIAL DISABILITY COMPLAINT". DO NOT PUT THE NAME OF THE JUDGE OR MAGISTRATE ON THE ENVELOPE.

SEE RULE 2(e) FOR THE NUMBER OF COPIES REQUIRED FOR FILING.

1. Complainant's name: Paul Andrew Mitchell, B.A., M.S.

Address: c/o MBE PMB #332

501 West Broadway, Suite “A”

San Diego 92101

CALIFORNIA, USA

Daytime telephone: (619) 234-5252

2. Judge or magistrate complained about:

Name: William B. Shubb

Court: United States District Court

Sacramento, California

3. Does this complaint concern the behavior of the judge or magistrate in a particular lawsuit or lawsuits?

( X ) Yes ( ) No

If "yes" give the following information about each lawsuit

(use the reverse side if there is more than one):

Court: District Court of the United States

Docket Number: CIV. S-01-1480 WBS DAD PS

Are (were) you a party or lawyer in the lawsuit?

( X ) Party ( ) Counsel ( ) Neither

If party, give the name, address, and telephone number of your Counsel:

Self In Propria Persona

Docket numbers of any appeals to the Ninth Circuit:

Ninth Circuit appeal #02-15269

4. Have you filed any lawsuits against the judge or magistrate?

( X ) Yes ( ) No

If yes, give the following information about each lawsuit

(use the reverse side if there is more than one):

Court: Ninth Circuit Court of Appeals

San Francisco, California

APPLICATION FOR WRIT IN THE NATURE OF QUO WARRANTO

filed in appeal #02-15269

Present status of suit:

served via Priority U.S. Mail on Dec. 19, 2002 A.D.

Name, address, and telephone number of your Counsel:

n/a

Court to which any appeal has been taken:

(see above)

Docket number of appeal:

(see above)

Present status of appeal:

PETITION FOR REHEARING EN BANC served on Dec. 17, 2002 A.D.

(X) On separate sheets of paper, no larger than the paper this form is printed on, describe the conduct or the evidence of disability that is the subject of this complaint. See rule 2(b) and 2(d). Do not use more than 5 pages (5 sides). Most complaints do not require that much.

See attached

(incorporated by reference as if set forth fully)

(X) You should either:

( ) check the first box below and sign this form in the presence of a notary public; or

(X) check the second box and sign the form. You do not need a notary public if you check the second box.

( ) I swear (affirm) that ‑‑

(X) I declare under penalty of perjury ‑‑

I have read rules 1 and 2 of the Rules of the Judicial Council of the Ninth Circuit Governing Complaints of Judicial Misconduct or Disability, and the statement made in this complaint is true and correct to the best of My knowledge.

/s/ Paul Andrew Mitchell

______________________________________________

Paul Andrew Mitchell, B.A., M.S.

Author, Damaged Party and Plaintiff/Appellant,

Mitchell v. AOL Time Warner, Inc. et al.

DCUS Sacramento #CIV. S-01-1480 WBS DAD PS

Ninth Circuit appeal #02-15269

Executed on: December 23, 2002 A.D.

CAUSES FOR COMPLAINT OF JUDICIAL MISCONDUCT AGAINST

MR. WILLIAM B. SHUBB, USDC, SACRAMENTO, CALIFORNIA

On January 15, 2002 A.D., Appellant Paul Andrew Mitchell submitted a proper and lawful request under the Freedom of Information Act (“FOIA”) requesting the U.S. Department of Justice (“DOJ”) to produce a certified copy of the Presidential Commission appointing William B. Shubb to the office of federal judge.

See the Appointments Clause at Article II, Section 2, Clause 2, in the Constitution for the United States of America, as lawfully amended (“2:2:2”).

See Attachment “A” for a copy of said FOIA request.

By law, the DOJ is the legal custodian of this required commission. See 5 U.S.C. §§ 2104 and 2902.

DOJ failed to produce any Presidential Commission(s) for Mr. Shubb.

There are no other offices in any other branches of the federal government that are the legal custodians of federal judges’ Presidential Commissions.

On February 4, 2002 A.D., Appellant followed with a proper and lawful FOIA appeal for said Presidential Commission.

See Attachment “B”.

On April 9, 2002 A.D., Appellant mailed a NOTICE AND DEMAND FOR EXHIBITION OF PRESIDENTIAL COMMISSIONS to the federal government agencies having authority in the matter of federal judges’ credentials.

See Attachment “C”.

Appellate later received a form letter from James S. Carroll, III, Assistant Director of the Executive Office for United States Attorneys, Freedom of Information/Privacy Act Unit, U.S. Department of Justice, in Washington, D.C., dated April 24, 2002 A.D.

See Attachment “D”.

In this form letter, Mr. Carroll checked box #3 which states, “Your request seeks public records which may be obtained from the clerk of the court.”

Mr. Carroll also checked box #8 which states, “This is the final action my office will take on your request.”

Appellant later refused Mr. Carroll’s form letter by annotating it as follows: “REFUSED FOR CAUSE: Clerk of Court is not [the] legal custodian of record, by law. /s/ Paul Mitchell, Private Attorney General, All Rights Reserved.”

See Attachment “E”.

On June 11, 2002 A.D., Appellant executed and mailed to Mr. William B. Shubb, c/o Clerk of Court, 501 “I” Street, Suite 4-200, Sacramento 95814-2322, CALIFORNIA, USA, a FINAL NOTICE AND DEMAND FOR CREDENTIALS REQUIRED BY LAW.

See Attachment “F”.

On October 6, 2002 A.D., Appellant executed and mailed to Mr. William B. Shubb, c/o Clerk of Court, 501 “I” Street, Suite 4-200, Sacramento 95814-2322, CALIFORNIA, USA, a NOTICE OF DEFAULT BY AFFIDAVIT.

See Attachment “G”.

Finally, on October 10, 2002 A.D., Appellant executed and mailed a PROOF OF SERVICE to all interested parties in the case of Mitchell v. AOL Time Warner, Inc. et al., Ninth Circuit appeal #02-15269.

See Attachment “H”.

The documents itemized above constitute probable cause for Appellant to conclude that no Presidential Commission exists appointing Mr. William B. Shubb to the office of federal judge.

Appellant also concludes that no Presidential Commission ever existed appointing Mr. William B. Shubb to preside on the Article III District Court of the United States for the Eastern Judicial District of California, in Sacramento, California (“DCUS”).

Moreover, impersonating an Article III federal judge is a felony federal offense, in violation of 18 U.S.C. 912.

The federal criminal statute at 18 U.S.C. 4 requires Appellant to report felony federal offenses to a judge of the United States.

Appellant believes that the instant COMPLAINT filed against Mr. William B. Shubb satisfies Appellant’s legal obligation under the federal criminal statute at 18 U.S.C. 4.

Appellant hereby incorporates Attachments “A” thru “H” inclusive, by reference, as if set forth fully here.

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).

Dated: December 23, 2002 A.D.

Signed: /s/ Paul Andrew Mitchell

______________________________________________

Paul Andrew Mitchell, B.A., M.S.

Author, Damaged Party and Plaintiff/Appellant,

Mitchell v. AOL Time Warner, Inc. et al.

DCUS Sacramento #CIV. S-01-1480 WBS DAD PS

Ninth Circuit appeal #02-15269