In Propria Persona

without Prejudice

District Court of the United States

Central Judicial District of California

Southern Division

The People of California ) No. SA CV 02-0382 GLT(ANX)

ex relatione )

Gayle Bybee et al., ) USDC/L.A. No. CR 02-0372

)

Plaintiffs, ) APPLICATION FOR

v. ) WARRANT OF REMOVAL:

)

Andrew Erath et al., ) 18 U.S.C. 3231;

) 28 U.S.C. 1331, 1441(c),

Defendants. ) 1631 in pari materia.

---------------------------------)

)

United States )

ex relatione )

Paul Andrew Mitchell, )

)

Intervenor. )

_________________________________)

COMES NOW Teresa Giordano, Sui Juris, Citizen of California State, expressly not a citizen of the United States (“federal citizen”), and Co-Plaintiff in the above entitled matter (hereinafter “Plaintiff”), to request an immediate WARRANT OF REMOVAL removing Clerk’s Docket Number CR‑02‑0372 from the United States District Court, Central District of California, Western Division, to this honorable Court, and to provide formal Notice to all interested parties of same.

STATUTES CONFERRING ORIGINAL JURISDICTION ON

FEDERAL DISTRICT COURTS MUST BE STRICTLY CONSTRUED

The District Court of the United States (“DCUS”), and the United States District Court (“USDC”), are decidedly not one and the same.

The federal statute at 18 U.S.C. 3231 expressly confers criminal jurisdiction on the District Courts of the United States, but not on the United States District Courts.

Inclusio unius est exclusio alterius.

This all important distinction is fully developed, and thoroughly documented, in verified pleadings which have already been filed in their respective federal courts, and also posted on the Internet.

For the convenience of this honorable Court, and to minimize Her mounting clerical and postage expenses, Plaintiff refers this Court to the following Internet URL’s and incorporates same by reference, as if set forth fully here, to wit:

http://www.supremelaw.org/cc/gilberts/opening.htm#topic-e

http://www.supremelaw.org/authors/mitchell/karmacts.htm

http://www.supremelaw.org/rsrc/dcus.htm

http://www.supremelaw.org/cc/aol/opening.htm 7(c) et seq.

If this Court should so order, Plaintiff will oblige by serving certified hard copies of the above pleadings on all interested parties. See lengthy PROOF OF SERVICE infra.

The Internet documents itemized above are fully hyper‑linked to related documents and other Internet resources, such as the on‑line copy of the United States Code (“U.S.C.”) at the website of Cornell University aka http://www.law.cornell.edu/uscode/.

INCORPORATION OF RELATED PLEADING

Plaintiff hereby formally incorporates Her MOTION TO CONSOLIDATE TWO CIVIL CASES, recently executed, filed and served in the instant case, as if set forth fully here.

Plaintiff also incorporates Attachment “A” by reference, as if also set forth fully here. Attachment “A” is a legislative proposal to U.S. Representative George Radanovich, dated June 5, 2001 A.D., from Paul Andrew Mitchell, Private Attorney General, on the subject of demonstrable and fatal defects in all federal grand jury indictments, particularly the failure by those “indictments” to cite any statute(s) conferring criminal jurisdiction on the United States District Courts located within the several (50) States of the Union.

NOTICE OF PROPER CHALLENGE TO THE CONSTITUTIONALITY

OF CERTAIN ACTS OF THE CONGRESS OF THE UNITED STATES

Plaintiff also requests this honorable Court to take formal judicial notice of the challenge to the constitutionality of certain key Acts of Congress, which challenge has now been raised and properly presented to the United States Court of Appeals for the Ninth Circuit in the cross‑appeal by Defendant Andrew Erath in Meredith et al. v. Erath et al., Ninth Circuit Docket Number #02‑55021.

For the convenience of this honorable Court, and to minimize Her mounting clerical and postage expenses, Plaintiff again refers this Court to the following Internet URL and incorporates same by reference, as if set forth fully here, to wit:

http://www.supremelaw.org/cc/erath/intervention.htm

See, in particular, all challenged Acts of Congress as itemized in the REMEDY REQUESTED by the United States ex rel. Paul Andrew Mitchell, Private Attorney General, in the latter pleading.

Again, if this Court should so order, Plaintiff will oblige by serving a certified hard copy of the latter pleading on all interested parties who have not already been served with same.

REMEDY REQUESTED

All premises having been duly considered, Plaintiff respectfully requests a WARRANT OF REMOVAL ordering the Clerk of the United States District Court, Central District of California, Western Division, to remove the entire case of USA v. Meredith et al., Docket Number #CR‑02‑0372, to this honorable District Court of the United States, Central Judicial District of California, Southern Division, in order to determine with appropriate deliberation all issues that have arisen, or will arise, from joining all causes of action heretofore raised in both cases and all claims upon which relief can and should be granted.

Thank you very much for your professional consideration.

VERIFICATION

I, Teresa Giordano, Sui Juris, Citizen of California, 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). See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).

Dated: May 2, 2002 A.D.

Signed: /s/ Teresa Giordano

_________________________________________________

Printed: Teresa Giordano, Sui Juris, Citizen of California

PROOF OF SERVICE

I, Teresa Giordano, 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):

APPLICATION FOR WARRANT OF REMOVAL:

18 U.S.C. 3231; 28 U.S.C. 1331,

1441(c), 1631 in pari materia.

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

Central Judicial District of California

Southern Division

411 West Fourth Street, Room 1053

Santa Ana 92701-4516

CALIFORNIA, USA

Clerk of Court

United States District Court

Central District of California

Western Division

312 North Spring Street, Room G-8

Los Angeles 90012

CALIFORNIA, USA

Gayle Bybee

c/o Marcia J. Brewer

300 Corporate Pointe, Suite 330

Culver City 90230

CALIFORNIA, USA

Carla Figaro

21213-B Hawthorne Blvd., #5361

Torrance 90503

CALIFORNIA, USA

Nora Moore

8400 Edinger Avenue, Apt. #Z-106

Huntington Beach 92647

CALIFORNIA, USA

Denise Ricca-White

4805 Glenhaven Drive

Oceanside 92056

CALIFORNIA, USA

Andrew Erath

c/o Office of Regional Inspector

Internal Revenue Service

P.O. Box 6238

Laguna Niguel 92607

CALIFORNIA, USA

Erik Newberry

c/o Office of Regional Inspector

Internal Revenue Service

P.O. Box 6238

Laguna Niguel 92607

CALIFORNIA, USA

Matthew Finney

c/o Office of Regional Inspector

Internal Revenue Service

P.O. Box 6238

Laguna Niguel 92607

CALIFORNIA, USA

John S. Gordon

U.S. Department of Justice

1300 United States Courthouse

312 North Spring Street

Los Angeles 90012

CALIFORNIA, USA

Alicia Villarreal

U.S. Department of Justice

1300 United States Courthouse

312 North Spring Street

Los Angeles 90012

CALIFORNIA, USA

Brian Hershman

U.S. Department of Justice

1300 United States Courthouse

312 North Spring Street

Los Angeles 90012

CALIFORNIA, USA

Lynne Meredith

c/o P.O. Box 370

Sunset Beach 90742

CALIFORNIA, USA

Jenifer Meredith Willie Watts

c/o P.O. Box 370 40960 California Oaks Rd., #158

Sunset Beach 90742 Murrieta 92562

CALIFORNIA, USA CALIFORNIA, USA

Gregory Paul Karl

c/o P.O. Box 637

Solana Beach 92075‑0637

CALIFORNIA, USA

Betty Erickson (last address unknown)

c/o John S. Gordon

U.S. Department of Justice

1300 United States Courthouse

312 North Spring Street

Los Angeles 90012

CALIFORNIA, USA

Toni Smith Silva (last address unknown)

c/o John S. Gordon

U.S. Department of Justice

1300 United States Courthouse

312 North Spring Street

Los Angeles 90012

CALIFORNIA, USA

Richard Stack and Darwin Thomas Rebecca Sparkman

300 North Los Angeles Street Internal Revenue Service

Room 7211, Federal Building 24000 Avila Road, #3314

Los Angeles 90012 Laguna Niguel 92607

CALIFORNIA, USA CALIFORNIA, USA

Gretchen W. Wolfinger Victor Song

U.S. Department of Justice Internal Revenue Service

Appellate Section 24000 Avila Road, #3314

P.O. Box 502 Laguna Niguel 92607

Washington 20044 CALIFORNIA, USA

DISTRICT OF COLUMBIA, USA

Patricia Mazon

Internal Revenue Service

501 West Ocean Boulevard

Long Beach

CALIFORNIA, USA

Courtesy Copies to:

Judge Florence-Marie Cooper

c/o Court Support Supervisor (KGP)

District Court of the United States

312 North Spring Street

Los Angeles 90012

CALIFORNIA, USA

Office of the Solicitor General

950 Pennsylvania Avenue, N.W., Room 5614

Washington 20530-0001

DISTRICT OF COLUMBIA, USA

Judge Alex Kozinski (supervising)

Ninth Circuit Court of Appeals

P.O. Box 91510

Pasadena 91109-1510

CALIFORNIA, USA

[See USPS Publication #221 for addressing instructions.]

Dated: May 2, 2002 A.D.

Signed: /s/ Teresa Giordano

_________________________________________________

Printed: Teresa Giordano, Sui Juris, Citizen of California

Attachment “A”

Legislative Proposal

to Rep. George Radanovich,

U.S. House of Representatives

Paul Andrew Mitchell,

Former Constituent and

Private Attorney General

June 5, 2001 A.D.

Rep. George Radanovich

U.S. House of Representatives

213 Cannon House Office Building

Washington 20515

DISTRICT OF COLUMBIA, USA

Subject: proposed new statute for Title 28, U.S.C.

Dear Representative Radanovich:

On behalf of the People of the United States of America, I am writing to request that you author a Bill to require that all federal criminal indictments itemize the statutes which grant original jurisdiction to prosecute the charge(s) made therein, and to require all federal courts to dismiss indictments which fail to satisfy this simple rule.

This request is entirely consistent with detailed provisions in the International Covenant on Civil and Political Rights, which guarantee our fundamental Right to federal courts of competent jurisdiction. See, in particular, Article 14 at Internet URL:

http://www.supremelaw.org/ref/treaty/covenant.htm

We find it quite interesting that federal civil cases are routinely dismissed -- for failing to state a claim upon which relief can be granted -- merely because a civil Plaintiff fails to cite the statute(s) which grant original jurisdiction over the subject matter.

The reason for this latter practice is a good one: jurisdiction is never presumed and must always be proven, with written proof entered into the official court record. Absent the requisite proof, federal courts should dismiss before going any further (and wasting everyone’s time).

After specializing in American constitutional Law for eleven years now, I can honestly say that we have never yet witnessed a single indictment that properly itemized the statute(s) which grant original jurisdiction to prosecute any of those charges.

We do appreciate that federal grand jurors are not likely to know these legal details. However, one or more U.S. Attorneys can and should be made responsible for itemizing these statutes in all future federal indictments. It is already a requirement that criminal charges be identified by title and section (or citation(s) to the Statutes at Large), and number of counts.

Such a requirement will be entirely consistent with the McDade Act, which makes United States Attorneys liable for willful misrepresentation under State Bar disciplinary guidelines. See 28 U.S.C. 530B.

Representative Radanovich, thank you very much for giving this legislative proposal your careful consideration.

Sincerely yours,

/s/ Paul Andrew Mitchell

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

Counselor at Law, Federal Witness,

Private Attorney General, Author and

Webmaster, Supreme Law Library:

http://www.supremelaw.org

copies: Hon. Alex Kozinski (supervising)

Ninth Circuit Court of Appeals

Pasadena, California

Chairman, Judiciary Committee

U.S. House of Representatives

Chairman, Judiciary Committee

U.S. Senate

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