MEMO TO: Richard McDonald FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: April 13, 1997 SUBJECT: Removal by Plaintiffs in People v. United States et al. 28 U.S.C. 1441. Actions removable generally (b) Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties. ... (e) The court to which such civil action is removed is not precluded from hearing and determining any claim in such civil action because the State court from which such civil action is removed did not have jurisdiction over that claim. We have beat Judge Shanstrom on this point. Specifically, the Plaintiffs claim a right which arises under the Freedom of Information Act, and the state court has no jurisdiction whatsoever over such a claim. We will petition the Ninth Circuit for leave to appeal interlocutory order on this point, but only after we have requested a Finding of Facts and Conclusions of Law, in order to perfect the case file on appeal. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell Avenue, #1776 Tucson, Arizona state Postal Zone 85719/tdc email: email@example.com website: http://supremelaw.com # # #
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People v. United States et al.