Vazrik A. Makarian, Sui Juris

c/o Forwarding Agent

8617 Raindrop Canyon Avenue

Las Vegas 89129

NEVADA, USA

 

In Propria Persona

 

All Rights Reserved

Without Prejudice

 

 

 

 

 

UNITED STATES COURT OF APPEALS

 

NINTH CIRCUIT

 

 

UNITED STATES OF AMERICA,        )  Case No. 01-50422

                                 )

          Plaintiffs/Appellees,  )  NOTICE OF MOTION AND

                                 )  MOTION FOR PERMISSION TO

     v                           )  APPEAL INTERLOCUTORY ORDER:

                                 )

VAZRIK A. MAKARIAN,              )  FRAP Rule 5

                                 )

          Defendant/Appellant.   )

_________________________________)

 

COMES NOW Vazrik A. Makarian, Citizen of Nevada State and alleged Defendant in the above entitled matter (hereinafter “Appellant”), to move this honorable Court, pursuant to Rule 5 of the Federal Rules of Appellate Procedure (“FRAP”), for permission to appeal an interlocutory ORDER issued by the United States District Court for the Central District of California (“USDC”), and to provide formal NOTICE to all interested Party(s) of same.


FACTS

     On June 26, 2000 A.D., the USDC issued a bench WARRANT for the arrest of Appellant, allegedly for failure to appear.

On August 7, 2000 A.D., Appellant filed a MOTION TO VACATE INDICTMENT in the instant case.

     On November 8, 2000 A.D., the USDC issued an ORDER holding Appellant’s MOTION in abeyance pending Appellant’s appearance or apprehension.

     On June 28, 2001 A.D., Appellant filed His MOTION FOR RELIEF FROM JUDGMENT OR ORDER, which the USDC summarily denied with a hand-written note stating, “See prior order dated 11/8/2000.  A. H. Matz.”

 

THE QUESTION

     Appellant submits that the USDC’s summary denial is not a final judgment, but an interlocutory order.  See Final Judgments Act, 28 U.S.C. 1291.

     Accordingly, Appellant argues that He is required to request permission to appeal an interlocutory order.

 

REASONS FOR GRANTING PERMISSION

     Appellant specifically denies that He was ever properly served with a SUMMONS or INDICTMENT in the instant case.

     Appellant also specifically denies that He has ever retained a licensed attorney to represent Him in the instant case.

     Therefore, proper service was never effected, and Appellant has been under no obligations whatsoever to make any general appearances before the USDC in the instant case.

     Moreover, the Clerk of this Court has already issued a briefing schedule in the instant case.

Appellant wishes to obviate preparation of an OPENING BRIEF at this time, only to be told that this Court does not have jurisdiction under the Final Judgments Act supra.

 

RELIEF SOUGHT

     Appellant respectfully requests leave to appeal the interlocutory order(s) in question, and an ORDER from this honorable Court declaring that final judgment has not yet been reached in the USDC.

 

ATTACHMENTS

     Appellant attaches true and correct copies of:

(1)           USDC’s ORDER dated November 8, 2000 A.D.;

(2)           USDC’s ORDER dated June 28, 2001, A.D.

 

VERIFICATION

     I, Vazrik A. Makarian, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is 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).  See Supremacy Clause.

 

 

Dated:   ______________________________________________

 

 

Signed:  /s/ Vazrik A. Makarian

         ______________________________________________

Printed: Vazrik A. Makarian


PROOF OF SERVICE

I, Vazrik A. Makarian, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), 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 MOTION AND

MOTION FOR PERMISSION TO

APPEAL INTERLOCUTORY ORDER:

FRAP Rule 5

by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:

 

United States Attorney

Attention:  Miriam A. Krinsky

United States Courthouse

312 North Spring Street

Los Angeles 90012

CALIFORNIA, USA

 

 

 

 

Dated:   ______________________________________________

 

 

 

Signed:  /s/ Vazrik A. Makarian

         ______________________________________________

Printed: Vazrik A. Makarian