Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
and Counselor at Law
c/o 2509 N. Campbell, #1776
Tucson, Arizona state
zip code exempt
Under Protest, Necessity, and
by Special Visitation
UNITED STATES DISTRICT COURT
DISTRICT OF MONTANA
HELENA DIVISION
IN RE: ) Case No. MCV-96-50-H-CCL
PAUL ANDREW MITCHELL ) Appeal No. [none assigned]
FREEDOM OF INFORMATION ACT ) NOTICE OF REFUSAL FOR CAUSE:
REQUEST ) FRCP Rules 9(b); 12(b)(1),(2);
) 5 U.S.C. 552(a)(4)(B);
) Petition Clause; Full Faith
) and Credit Clause; 28 U.S.C.
) 372(c), 454, 955, 1746(1);
) Rule 201(d), Federal Rules of
) Evidence
________________________________)
COMES NOW Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona
state, federal witness, and Counselor at Law (hereinafter
"Requester"), to provide formal Notice to all interested party(s)
of this, Requester's formal Refusal of the alleged ORDER of the
honorable Charles C. Lovell, United States District Judge, issued
erroneously on October 10, 1996, and filed erroneously on October
15, 1996, in the instant case. Requester refuses said ORDER for
fraud, and for all of the following valid causes, to wit:
Notice of Refusal for Cause:
Page 1 of 5
1. This honorable Court erred by opening a case sua sponte
to adjudicate Requester's document request, dated September 22,
1996, submitted under the Freedom of Information Act ("FOIA"), 5
U.S.C. 552 et seq., and by forwarding a certified record of the
instant case to the United States Court of Appeals for the Ninth
Circuit (hereinafter "Ninth Circuit"), in response to Requester's
administrative Appeal, dated October 8, 1996, also submitted
under authority of the FOIA.
2. A FOIA request and appeal are both administrative, not
judicial, remedies which the FOIA has made available to state
Citizens such as Requester. If and when the FOIA request and/or
appeal are denied and the pertinent statutory deadlines have
passed for production of the requested document(s), the
Requester's administrative remedies are then exhausted. At that
point, it is up to Requester, and not the Courts or their
clerical staff(s), to file the requisite civil complaint to
compel production of document(s) improperly withheld and to
enjoin the withholding of document(s) properly requested.
Requester's administrative Request and Appeal were both proper.
3. Initiating such a civil complaint is not within the
province of the courts or their administrative personnel. On the
contrary, the practice of law is expressly prohibited to federal
judges and clerks. See 28 U.S.C. 454, 955. Pursuant to Section
454 supra, the practice of law by federal judges is a high
misdemeanor. Criminal conduct on the bench is a sufficient
ground for automatic recusal and for a judicial complaint, filed
with the Clerk of the Ninth Circuit pursuant to local rules
promulgated under 28 U.S.C. 372(c). Requester hereby places all
interested party(s) on formal Notice of Requester's intent to
prepare and file such a complaint with all deliberate speed.
Notice of Refusal for Cause:
Page 2 of 5
4. The Clerk of the United States District Court, sending
United States Mail from 301 South Park, Room 542, Federal
Building, Drawer 10015, Helena, MT [sic] 59626 [sic], has erred
seriously by attempting to invoice Requester for a "Filing and
Docketing fee" of $105.00, "pursuant to Notice of Appeal filed
10/16/96." Said invoice was dated "10/18/96". Because the
instant case is entirely fraudulent on its face, for want of
subject matter jurisdiction and of a complaint properly verified
and filed by a litigant with standing, among many other reasons,
Requester objects strenuously to the Clerk's attempt to compel
payment of said fee, and to use United States Mail in this
fashion. This is mail fraud, namely, to transmit a fraudulent
invoice to Requester through the United States Postal Service.
5. For the benefit of this honorable Court, and pursuant
to the Full Faith and Credit Clause in the Constitution for the
United States of America, as lawfully amended, Requester hereby
incorporates by reference, as if set forth fully herein, an
executed copy of Requester's comparable NOTICE OF REFUSAL FOR
CAUSE as filed in the related case of People of the United States
of America ex relatione Paul Andrew Mitchell v. United States et
al., D.C.U.S. Case No. CV-96-163-BLG, District of Montana,
Billings Division. Said NOTICE explains fully that the United
States District Court ("USDC") is not the court of original
jurisdiction over civil suits brought to compel production of
documents requested under the FOIA, or to enjoin the improper
withholding of said documents. The court of original
jurisdiction is the District Court of the United States ("DCUS").
See 5 U.S.C. 552(a)(4)(B). Therefore, this honorable Court never
had subject matter jurisdiction in the first instance.
Notice of Refusal for Cause:
Page 3 of 5
6. Requester respectfully demands mandatory judicial
notice of the attached NOTICE OF INTENT TO FILE CRIMINAL
COMPLAINTS, which is incorporated by reference as if set forth
fully herein. Requester was unable to prepare and file the
instant NOTICE OF REFUSAL FOR CAUSE until now, due to mail fraud.
REMEDY REQUESTED
Requester respectfully requests that the instant case be
dismissed for lack of subject matter jurisdiction, that the Clerk
of Court be ordered to withdraw the Invoice for $105.00 which has
been mailed in error to Requester, and that the dismissal ORDER
be served on the Clerk of the United States Court of Appeals for
the Ninth Circuit with all deliberate speed.
VERIFICATION
I, Paul Andrew, Mitchell, B.A., M.S., hereby verify, under
penalty of perjury, under the laws of the United States of
America [sic], without the "United States" [sic], that the above
statements of fact are 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).
Executed on December 18, 1996
Respectfully submitted,
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Relator in People v. United States et al.
all rights reserved without prejudice
Notice of Refusal for Cause:
Page 4 of 5
PROOF OF SERVICE
I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state,
federal witness, and Counselor at Law, do 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 OF REFUSAL FOR CAUSE:
FRCP Rules 9(b); 12(b)(1), (2); 5 U.S.C. 552(a)(4)(B);
Petition Clause; Full Faith and Credit Clause;
28 U.S.C. 372(c), 454, 955, 1746(1);
Rule 201(d), Federal Rules of Evidence
by placing one true and correct copy of same in first class U.S.
Mail, with postage prepaid and properly addressed to:
Attorney General Clerk of Court
Department of Justice United States District Court
10th and Constitution, N.W. 301 South Park, Room 542
Washington, D.C. Helena, Montana state
Solicitor General Clerk of Court
Department of Justice Ninth Circuit Court of Appeals
10th and Constitution, N.W. P.O. Box 193939
Washington, D.C. San Francisco, California
Office of the U.S. Attorneys
United States District Court
Federal Building
Helena, Montana state
Chief Judge
Ninth Circuit Court of Appeals
c/o P.O. Box 193939
San Francisco, California state
Postmaster
United States Postal Service
Helena [59626]
MONTANA STATE
Executed on December 19, 1996
/s/ Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Relator in People v. United States
Notice of Refusal for Cause:
Page 5 of 5
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In Re Paul Mitchell FOIA