MEMO
TO: Rita J. Sedosky
"Deputy Clerk"
United States District Court
Post Office Box 471
Wheeling, West Virginia state
FROM: Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law
DATE: December 7, 1996
SUBJECT: Your Letter Dated December 2, 1996
This is to inform you that I have invoked the Freedom of
Information Act ("FOIA") to request certified documentary
evidence of your official credentials. Until such time as I
receive confirmation from reliable sources that you do lawfully
occupy the office which you claim to hold, I will table your
letter to me of December 2, 1996. A copy of My FOIA request for
your credentials has been mailed to you under separate cover.
There is one pressing issue which requires My immediate response,
however. You have allegedly invoiced Me for photocopying 328
pages @ $0.50 per page, for a TOTAL DUE of $164.00. I hereby
refuse your invoice, dated December 2, 1996, for two reasons:
One, I did not order this photocopying, and there is no purchase
order on record to evidence any authorization by Me to perform
such photocopying services, or to invoice Me for same.
Two, for your information, the pleadings to which you refer were
reproduced in triplicate by Me. One set was mailed directly to
your office (see Proof of Service). The second set was mailed,
via Express U.S. Mail, directly to Major General Ray Looker at
the Northern Regional Jail in Moundsville, West Virginia state,
for His signature and subsequent filing with your office.
The third set was mailed, via Express U.S. Mail, to Mr. Looker's
court-appointed attorney, Mr. Stephen D. Herndon, at 76 Fifteenth
Street, Wheeling, West Virginia state. Mr. Herndon acknowledged
receipt of this third set on Saturday, November 30, 1996; this
corresponds to the information on the PS Form 3811, Return
Receipt, which I received from Mr. Herndon via the U.S. Postal
Service. We have taken the liberty of modifying this Form 3811
to read "NON Domestic" [sic].
However, Mr. Herndon then refused to follow Mr. Looker's explicit
instructions to deliver this third set to Mr. Looker at the
Northern Regional Jail, and then to file the papers with your
office after Mr. Looker had signed and dated them. I have
attached a copy of Mr. Herndon's letter to Me, dated December 1,
1996. See, in particular, the last paragraph on the first page:
"Accordingly, I decline to follow your instructions to file
the pleadings prepared and signed by you." [sic]
Thus, the evidence now in my possession proves that three (3)
sets of pleadings were, in fact, mailed via Express Mail, but Mr.
Herndon refused to deliver the third set of pleadings to their
intended destination.
I cannot take any responsibility for unprofessional, unethical,
and criminal conduct on the part of Mr. Looker's court-appointed
attorney. Confer at "attorn" in Black's Law Dictionary.
Please contact Mr. Herndon to inquire as to the whereabouts of
this third set. I understand that he is presently an officer of
your Court. By Law, these pleadings are Petitions to Government
for Redress of Grievances; as such, they are protected by the
Petition Clause in the First Amendment. The U.S. Supreme Court
has ruled that the Petition Clause is the Right conservative of
all other rights. See Chambers v Baltimore & Ohio R.R., 207 US
142, 148 (1907).
This raises the possibility that Mr. Herndon may be committing
acts which deprive Mr. Looker of fundamental Rights guaranteed by
the Constitution for the United States of America, in violation
of 18 U.S.C. 242, which Constitution you must take an oath to
support, pursuant to Article VI, Clause 3, in the U.S.
Constitution.
It is for this reason that I am required to demand that you
produce evidence of your oath to support the U.S. Constitution.
Please see the deadlines for exhaustion of administrative
remedies, as detailed in Title 5, United States Code, Sections
552 et seq. Title 5 U.S.C. has been enacted into positive law.
Thank you very much for your consideration.
Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state
Postal Zone 85719/tdc
email: supremelawfirm@altavista.net
website: http://supremelaw.com
copies: Hon. Frederick P. Stamp, Jr.
Hon. James E. Seibert
Maj. Gen. Floyd Raymond, Looker
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U.S.A. v. Looker