Case 2:14-cr-00027-NDF   Document 98   Filed 06/16/14   Page 1 of 4

 

Case No. #2:14-CR-00027-NDF-2  (“SEALED”) [sic]

 

NOTICE OF MOTION AND MOTION TO STRIKE:

28 U.S.C. 1654;  and,

International Covenant on Civil

and Political Rights (“ICCPR”)

 

TO:    Chief Judge (duly credentialed)

       U.S. District Court (cf. 18 U.S.C. 1964(c))

       2120 Capitol Avenue, 2nd Floor

       Cheyenne 82001

       Wyoming

 

DATE:  June 5, 2014 A.D.

 

RE:    false arrest, false imprisonment, fraudulent concealment

The Undersigned appears personally under 28 U.S.C. 1654, NOT “by counsel” (i.e. NOT represented).

The Court is hereby moved to strike the following items from the record:

(1)     Government MOTION requesting ORDER authorizing a “psychological evaluation”;

(2)     “ORDER” [28 USC 1691] allegedly authorizing a [second] “psychological evaluation”;  and,

(3)     report by Dr. C. Low dba forensic psychologist at FDC SeaTac (Seattle/Tacoma).

Justification:

Item (1) above was never served upon the Undersigned, who has always appeared In Propria Persona [cf. Black’s Law Dictionary, 6th Edition], and was never legally “represented” by any licensed attorney(s).  No notice of any such MOTION, and no notice of any hearing(s) on any such MOTION, were ever served upon him.  And, no hearing on any such MOTION was ever conducted in the presence of the Undersigned.

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Item (2) above suffers from the same deficiencies as Item (1) above i.e. no MOTION, no notice of MOTION, and no notice of hearing were ever served on the Undersigned;  and, no hearing was ever conducted with the Undersigned being present.

Moreover, Item (2) bore a stamp exhibiting the name “STEPHAN HARRIS”.  [ICCPR;  28 USC 1691 (signature and seal)]  The latter has refused to produce any credentials for at least six (6) YEARS, and has now been charged with violating 18 U.S.C. 1519 (concealing Court records).  [5 USC 2906 (“court”)]  As such, Item (2) was fraudulent ab initio for violating due process of law.  [5th Amendment]

Item (3) was written without a lawful ORDER authorizing any “psychological evaluation” of the Undersigned.  Moreover, he provided Dr. Low with three (3) court cases which held, as a group, that:

(a)     the Undersigned had a Right to assistance of counsel during all interviews [6th Amendment];

(b)     Dr. Low was required to inform him of that Right before interviews began [5th Amendment];

(c)     Dr. Low was required to inform him that his statements during interviews were not protected by physician-patient confidentiality, nor by attorney-client confidentiality or attorney-client privilege [5th Amendment];

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(d)  Dr.Low was required to inform him that her “report” would be conveyed to the prosecution;  [5th Amendment]  and,

(e)  all interviews needed to be tape-recorded, but none were tape-recorded!

In all respects (a) thru (e) above, the so-called “psychological evaluation” and related “report” both failed all requirements imposed by the guarantees of the Fifth and Sixth Amendments, read: the Undersigned’s Fundamental Rights, none of which he has ever waived.

If Mr. Mark C. Hardee was considered the Undersigned’s “stand-by counsel” (or his “legal representative”) when Dr. Low’s interviews were conducted, Mr. Hardee was NOT present during ANY of those interviews!!

Neither Dr. Low, nor the staff Psychiatrist at FDC SeaTac, ever asked the Undersigned if he wished to waive the assistance of counsel during those interviews.

As such, Items (1), (2), and (3) all violated the long-standing requirement for Miranda Warnings!  See Miranda v. Arizona:  re: rights secured.

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Statements made by the Undersigned to Dr. Low were made under duress of unlawful arrest and unlawful incarceration;  as such, his statements under duress did NOT constitute competent waivers of any fundamental Rights.  See Brady v. U.S. (re: high standard established for waivers of fundamental Rights, such as those guaranteed by the Fifth and Sixth Amendments).  [ICCPR]

- REMEDY –

This Court should strike from its official records the MOTION requesting, and the “ORDER” allegedly authorizing, a “psychological evaluation”, and the report prepared by Dr. C. Low in connection with interviews conducted at FDC SeaTac without proper Miranda Warnings, and without adequate technical assistance of counsel, to the Undersigned -- who consistently reserves all Rights without prejudice.  [cf. ICCPR;  28 USC 1654;  UCC 1-308]

 

Respectfully submitted June 5, 2014 A.D.

/s/ Paul Andrew Mitchell

Paul Andrew Mitchell, B.A., M.S. (chosen name*)

Relator In Propria Persona, 28 U.S.C. 1654

All Rights Reserved (cf. UCC 1-308, ICCPR)

 

*  See Doe v. Dunning, Wash. State Supreme Court

 

 

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