MEMO

 

TO:       Hon. Mary Schroeder, Chief Judge

          c/o Cathy A. Catterson, Clerk of Court

          U.S. Court of Appeals for the Ninth Circuit

          P.O. Box 193939

          San Francisco 94119-3939

          CALIFORNIA, USA

 

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

          Private Attorney General and Plaintiff/Appellant

          Mitchell v. AOL Time Warner, Inc. et al. #02-15269

 

DATE:     December 23, 2002 A.D.

 

SUBJECT:  consensual reference of civil cases to a magistrate

 

 

Greetings Chief Judge Schroeder:

 

Merry Christmas and Happy New Year to you and yours!

 

In the course of continuing research into the many issues of fact and law that have arisen in the above entitled case, I was pleasantly surprised to come across your informative dissent in the case of Pacemaker Diagnostic Clinic, Inc. v. Instromedix, Inc., 725 F.2d 537 (9th Cir. 1984).

 

In your dissent in the latter case, you wrote, “Consensual reference of civil cases to a magistrate violates the Constitution.”

 

Arguendo, I would be very interested to know if you would also agree with the following propositions:

 

(1)  non-consensual reference of civil cases to a magistrate violates the Constitution, i.e. no consent by parties;

 

(2)  usurpation of civil cases by a magistrate violates the Constitution, i.e. without an ORDER OF REFERENCE;  and,

 

(3)           impersonating a magistrate in a civil case violates the Constitution, i.e. without the requisite credentials.

 

I am posing these additional situations, because each has now occurred in appeal #02-15269:  all parties did not consent to a magistrate;  there is no ORDER OF REFERENCE on record (see FRCP Form 34A);  and, Mr. Drozd lacks the credentials required by California State laws.

 

I am very pleased to learn that you do regard the Constitution to be the controlling law in such situations.

 

Your prompt and professional reply will be most appreciated, and it will be served on all interested parties and also posted on the Internet, for our further edification.

 

 

Sincerely yours,

 

/s/ Paul Andrew Mitchell

 

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

Private Attorney General and Plaintiff/Appellant

 

U.S. Mail:

 

   c/o MBE PMB #332

   501 West Broadway, Suite “A”

   San Diego 92101

   CALIFORNIA, USA

 

copy:  Judge Alex Kozinski, Ninth Circuit (supervising)

 

attachments:

 

  NOTICE OF REFUSAL FOR CAUSE BY AFFIDAVIT, September 27, 2002 A.D.

 

  FINAL NOTICE AND DEMAND FOR PROOF OF APPOINTMENT

  AND DESIGNATION, September 1, 2002 A.D.