Paul Andrew Mitchell, Sui Juris

c/o Forwarding Agent at:

350 – 30th Street, Suite 444

Oakland 94609-3426

CALIFORNIA, USA

 

In Propria Persona

 

All Rights Reserved

without Prejudice

 

 

 

 

 

District Court of the United States

 

Eastern Judicial District of California

 

 

Paul Andrew Mitchell,         )  No. CIV. S-01-1480 WBS DAD PS

                              )

          Plaintiff,          )  NOTICE OF MOTION AND

                              )  MOTION TO STRIKE

     v.                       )  ALL PLEADINGS BY ATTORNEYS

                              )  LACKING CREDENTIALS:

AOL Time Warner, Inc. et al., )

                              )  28 U.S.C. 1652;

          Defendants.         )  Section 6067, California

______________________________)  Business and Professions Code

COMES NOW Paul Andrew Mitchell, Plaintiff in the above entitled case, Citizen of California, Private Attorney General and Federal Witness, to move this honorable Court for an ORDER striking all pleadings filed to date by attorneys lacking proper credentials, and to provide formal Notice to all interested Party(s) of same.

Section 6067 of the California Business and Professions Code reads as follows:

 

Every person on his admission shall take an oath to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of an attorney at law to the best of his knowledge and ability.  A certificate of oath shall be indorsed upon his license.

 

[bold emphasis added]

Plaintiff has previously mailed a proper and lawful NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE to each of the attorneys who have attempted to make appearances.  (See attached.)

All such attorneys, without exception, have now failed to produce the certified copy of said certificate of oath, as demanded in same.

Plaintiff then testified in writing by executing His NOTICE OF DEFAULT BY AFFIDAVIT and by mailing same to each of the attorneys in question.  (See attached.)

The following is a partial list of the attorneys who have failed to produce the credentials described above:

 

(1)           Eugene J. Majeski

(2)           Susan H. Handelman

(3)           Benjamin L. Webster

(4)           Wesley C.J. Ehlers

(5)           Jeffrey M. Hamerling

(6)           Nancy J. Newman

(7)           Geoffrey A. Goodman

(8)           Walter P. Deforest

Accordingly, all pleadings filed to date by any or all of the above named lawyers were filed ultra vires and without the requisite credentials.

As such, said pleadings are evidence of a fraud upon this honorable Court, and should be immediately and permanently stricken from the official Clerk’s record in the instant case.

Furthermore, Plaintiff hereby expressly reserves His fundamental Right to petition this honorable Court for appropriate sanctions against the attorneys in question, for fraud upon this Court, and contempt of this Court.

 

INCORPORATON OF

ATTACHED DOCUMENTS

Plaintiff hereby attaches true and correct copies of His NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE, and corresponding NOTICE OF DEFAULT BY AFFIDAVIT, as executed and mailed to each of the attorneys itemized above, and incorporates same by reference, as if all were set forth fully herein.

 

REMEDY REQUESTED

All premises having been duly considered, Plaintiff requests this honorable District Court of the United States to issue an ORDER permanently striking from the official record all pleadings filed to date by the above named attorneys.

Plaintiff also requests all other relief which this Court deems just and proper, under the circumstances.

 

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, Plaintiff in the above entitled action, 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:     November 6, 2001 A.D.

 

Signed:    /s/ Paul Andrew Mitchell

           ___________________________________________

Printed:   Paul Andrew Mitchell, B.A., M.S., Sui Juris

PROOF OF SERVICE

I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):

 

NOTICE OF MOTION AND

MOTION TO STRIKE

ALL PLEADINGS BY ATTORNEYS

LACKING CREDENTIALS:

28 U.S.C. 1652;  Section 6067,

California Business and Professions Code

 

by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:

 

Clerk of Court

District Court of the United States

501 “I” Street, Suite 4-200

Sacramento 95814-2322

CALIFORNIA, USA

 

 

Courtesy copies to:

 

Ropers, Majeski, Kohn & Bentley     DeForest & Koscelnik

(failed to exhibit oaths)          (failed to exhibit oath)

1001 Marshall Street                3000 Koppers Building

Redwood City 94063                  436 Seventh Avenue

CALIFORNIA, USA                     Pittsburgh 15219

                                    PENNSYLVANIA, USA

 

Murphy Austin Adams Schoenfeld LLP  Pillsbury Winthrop LLP

(failed to exhibit oaths)          (failed to exhibit oaths)

P.O. Box 1319                       400 Capitol Mall, Suite 1700

Sacramento 95814-1319               Sacramento 95814-4419

CALIFORNIA, USA                     CALIFORNIA, USA

 

Steinhart & Falconer, LLP

(failed to exhibit oaths)

333 Market Street, 32nd Floor

San Francisco 94105-2150

CALIFORNIA, USA

 

Dated:   November 6, 2001 A.D.

 

 

 

Signed:  /s/ Paul Andrew Mitchell

         __________________________________________________

Printed: Paul Andrew Mitchell, Plaintiff In Propria Persona