January 14, 2002 A.D.
Clerk of Court
District Court of the United States
501 “I” Street, Suite 4-200
Sacramento 95814-2322
CALIFORNIA, USA
Subject: Mitchell v. AOL Time Warner, Inc. et al.
Dear Clerk:
I am writing to request that you kindly re-schedule the hearing tentatively set for 10:00 a.m. on February 1, 2002 A.D. in the above entitled case.
The following reasons call for a new date sometime after March 15, 2002 A.D.:
(1) United Parcel Service is presently unable to pinpoint a shipment of U.S. Mail from our Forwarding Agent sent during the month of December. I will need more time to reply to that mail, if and when the shipment is eventually found.
(2) A large number of SUBPOENAS IN A CIVIL CASE were issued by your office on December 14, 2001 A.D., and recently served on Defendants via Priority U.S. and Global Priority Mail. The reply deadlines shown on those SUBPOENAS are February 15 and March 15, 2002 A.D.
(3) The misconduct described in My CRIMINAL COMPLAINT against personnel at CERF in Gold River severely obstructed My ability to stay current with pleading requirements. I am presently the guest of friends who are located quite far from Sacramento, and frequent trips to the courthouse are now a major financial burden for me. I also wish to honor the privacy needs of these generous friends.
(4) During the Christmas holidays, I developed medical conditions that required prescription medication and a doctor’s supervision. I am recovering well, but the doctor advised against any serious think work, due to the side effects of that medication (a 10-day regime).
(5) A COMPLAINT JUDICIAL MISCONDUCT has now been filed with the Clerk of the Ninth Circuit, under 28 U.S.C. 372(c). I believe such a complaint justifies recusal of Magistrate Dale A. Drozd and assignment of an Article III Judge, pursuant to the NOTICE AND DEMAND for a Certificate of Necessity now pending before Judge Alex Kozinski on the Ninth Circuit.
(6) Despite numerous obstacles that have forced reasonable delays, on November 28, December 18 and 20, 2001 A.D., we succeeded in serving all named Defendants with the SUMMONSES and SUBPOENAS you issued, and a second copy of the Initial COMPLAINTS, via Priority U.S. Mail and Global Priority Mail. The completed RETURNS OF SERVICE will be summarized, copied, and filed with your office in a matter of days. I need adequate additional time to respond to all answers that we may receive during the coming weeks.
In light of all the above, please allow me to recommend April 5, 2002 at 10:00 a.m. as the new date and time for SUBPOENA replies, and for the hearing requested by Defendant Cornell University. Any date after April 5 will also be okay with us.
Please confirm the new date and time in writing to our Forwarding Agent, as soon as possible, and I will promptly notify all interested parties of the new hearing date and time.
Thank you kindly for your courteous consideration.
Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
U.S. Mail c/o:
Forwarding Agent
350 – 30th Street, Suite 444
Oakland 94609-3426
CALIFORNIA, USA
(no telephone or fax, at present)
copies: Hon. William B. Shubb, U.S. District Judge
Sacramento, California (2 copies)
Stephen J. Hirschfeld
Attorney for Defendant Cornell University
Dr. John C. Alden, M.D., Interim Trustee,
The EyeCare Fund ‑‑ Vision for Everyone
Counsel for other Defendants