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