Floyd Raymond, Looker, Sui Juris
c/o HC 63, Box 12-AA
Nettie [zip code exempt]
WEST VIRGINIA
In Propria Persona
Under Protest, Necessity, and
by Special Visitation Only
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF WEST VIRGINIA
UNITED STATES OF AMERICA, [sic] ) Criminal Nos. 5:96-CR-40
) 1:96-CR-41
Plaintiff, [sic] ) 1:96-CR-42
) 1:96-CR-43
v. )
) NOTICE AND DEMAND FOR
FLOYD RAYMOND LOOKER, [sic] ) MANDATORY JUDICIAL NOTICE:
et al., ) Rule 201(d), Federal Rules
) of Evidence; 5 U.S.C. 3331;
Defendants. [sic] ) 28 U.S.C. 1746(1); 44 U.S.C.
_________________________________) 3501
COMES NOW Floyd Raymond, Looker, Sui Juris, Citizen of West
Virginia state and Defendant in the above entitled matter
(hereinafter "Defendant"), to provide formal Notice to all
interested parties of His Demand, made hereby pursuant to Rule
201(d) of the Federal Rules of Evidence, for mandatory judicial
notice of the attached APPOINTMENT AFFIDAVIT, signed and dated by
Mr. Warren Christopher, United States Secretary of State, and
provided in response to a proper request, submitted under the
Freedom of Information Act ("FOIA") by His Counsel of choice, Mr.
Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state,
federal witness, and Counselor at Law.
Notice and Demand for Mandatory Judicial Notice:
Page 1 of 5
The APPOINTMENT AFFIDAVIT is Standard Form 61, Revised June
1986, U.S. Office of Personnel Management, FPM Chapter 296, 61-
108, NSN 7540-00-634-4015, U.S.G.P.O. 1987-173-831/59539, Prior
Edition Usable. This latter nomenclature -- "Prior Edition
Usable" -- raises a matter which is governed by the Paperwork
Reduction Act (hereinafter "PRA"), 44 U.S.C. 3501 et seq.
Since an APPOINTMENT AFFIDAVIT is an Information Collection
Request ("ICR"), as defined in said Act, it is required to
exhibit a valid Office of Management and Budget ("OMB") Control
Number and expiration date in the upper right-hand corner of the
face page (hereinafter "Control Number"). If the Control Number
is absent from the face page, all Americans have been enlisted by
the Congress to disregard the Form as a "bootleg request."
Formal demand is also made of this honorable Court to take
formal judicial notice of the fact that previous editions of the
APPOINTMENT AFFIDAVIT exhibited OMB Approval Number #50-R0118.
This edition bore the nomenclature "Standard Form 61, Revised
September 1970, U.S. Civil Service Commission, F.P.M. Chapter
295, 61-107" [sic].
Defendant hereby expressly reserves His right to challenge
the APPOINTMENT AFFIDAVIT of the Hon. Warren Christopher,
Secretary of State, for being a bootleg request, as that term was
defined and used in the legislative history of the PRA.
Defendant also makes a formal demand upon this honorable
Court to take mandatory judicial notice, pursuant to Rule 201(d)
of the Federal Rules of Evidence, of the following paragraph
showing on the APPOINTMENT AFFIDAVIT of Mr. Warren Christopher,
to wit:
Notice and Demand for Mandatory Judicial Notice:
Page 2 of 5
A. Oath of Office
I will support and defend the Constitution of the
United States against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of the office on which I am
about to enter. So help me God.
Defendant has already made a formal demand of this honorable
Court to take mandatory judicial notice of several, discrepant
editions of the Constitution for the United States of America, as
lawfully amended (hereinafter "U.S. Constitution"), which
editions were attached as verified exhibits to Defendant's prior
pleading to that end.
Defendant concludes therefrom that all Appointment
Affidavits of United States officers, employees, and agents
associated with the instant case, as required by 5 U.S.C. 3331,
contain an Oath of Office which did bind them to support and
defend a version of the U.S. Constitution which was, at the time
when they executed said Oath, incorrectly published in federal
depository libraries and in the official law books upon which
this honorable Court relies for conclusive evidence of the Law,
then as now. This conclusion is applicable to the presiding
judge(s) in the instant case, including also any and all
magistrate judge(s) who may preside, for whatever reason, and all
other officers, employees, and agents of the United States, in
whatever capacity they might act.
The APPOINTMENT AFFIDAVIT of the Hon. Warren Christopher is
attached hereto and incorporated by reference, as if set forth
fully herein. Also attached are two letters from Ms. Rosemary
Melendy, State Department officer, to Paul A. Mitchell, and a
Memo from Mr. Mitchell to Ms. Melendy, dated December 18, 1996.
Notice and Demand for Mandatory Judicial Notice:
Page 3 of 5
VERIFICATION
We, the Undersigned, hereby certify, under penalty of perjury,
under the laws of the United States of America, without the
"United States", that the above statements of fact are true and
correct, to the best of Our current information, knowledge, and
belief, so help Us God, pursuant to 28 U.S.C. 1746(1).
Executed on _____________________________________
/s/ Ray Looker
Floyd Raymond, Looker, Sui Juris
Citizen of West Virginia state
Executed on December 19, 1996
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S., Sui Juris
Citizen of Arizona state, federal witness,
and Counselor at Law
Notice and Demand for Mandatory Judicial Notice:
Page 4 of 5
PROOF OF SERVICE
I, Paul Andrew, Mitchell, Sui Juris, hereby certify, under
penalty of perjury, under the laws of the United States of
America, without the "United States," 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):
NOTICE AND DEMAND FOR
MANDATORY JUDICIAL NOTICE:
Rule 201(d), Federal Rules of Evidence;
5 U.S.C. 3331; 28 U.S.C. 1746(1); 44 U.S.C. 3501
by placing one true and correct copy of said document(s) in first
class U.S. Mail, with postage prepaid and properly addressed to
the following:
Office of the United States Attorney
Federal Building
Wheeling
WEST VIRGINIA
Clerk of Court
United States District Court
Wheeling
WEST VIRGINIA
Attorney General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA
Solicitor General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA
Executed on December 19, 1996
/s/ Paul Andrew Mitchell
_______________________________________________
Paul Andrew Mitchell, B.A., M.S., Sui Juris
Citizen of Arizona state, federal witness,
Counselor at Law, and Counsel of Record in Fact
Notice and Demand for Mandatory Judicial Notice:
Page 5 of 5
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U.S.A. v. Looker