REQUEST FOR VOLUNTARY RECUSAL

TO: Hon. Janis Sammartino, Judge

Superior Court of the State of California

Department 71, San Diego County

FROM: Paul Andrew Mitchell, Plaintiff

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

Superior Court docket #GIC807057

DATE: January 31, 2005 A.D.

SUBJECT: grounds for voluntary disqualification pursuant to

Code of Civil Procedure (“CCP”), sections 170-170.9

Greetings Judge Sammartino:

In the above entitled matter, I hereby request that you voluntarily disqualify yourself from presiding any further on this case, for all of the following reasons:

(1) you appear to have acquired personal knowledge of disputed evidentiary facts concerning the proceeding;

(2) there is substantial doubt as to your capacity to remain impartial;

(3) any person aware of the certified evidence now before the Court might reasonably entertain doubt that you are able to be impartial; and,

(4) you appear to have a personal bias or prejudice against me in my capacity as the sole Plaintiff now proceeding In Propria Persona under authority of 18 U.S.C. 1964.

To expedite matters now, I have attached a recently updated Table of Contents (“TOC”) for case #GIC807057, as archived in electronic form at the Supreme Law Library on the Internet. The most recent entries in that Table of Contents now render this request timely e.g. see the LETTER from the Georgia Governor’s Office (TOC entry 61).

To comply with this request, pursuant to CCP section 170.3 you must notify the presiding judge of your recusal and you shall not further participate in this case, except as provided in CCP section 170.4.

If I do not receive a copy of said notice to the presiding judge within ten (10) calendar days of your receipt of this request, please be advised of my intent to invoke CCP section 170.3(c)(1) i.e. by filing a written verified statement objecting to any further proceedings before you, and setting forth the verified facts constituting the grounds for your disqualification.

For the record, your 10-day deadline for voluntarily recusing yourself is 5:00 p.m. on Friday, February 11, 2005 A.D.

Thank you, Judge Sammartino, for your timely professional cooperation.

Sincerely yours,

/s/ Paul Andrew Mitchell

Paul Andrew Mitchell, Plaintiff

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

Superior Court docket #GIC807057

copy: Clerk of Court

Presiding Judge

attachments