NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS
TO: Delilah Carmona dba Deputy Clerk
U.S. Court of Appeals for the Second Circuit
40 Foley Square
New York City 10007
NEW YORK STATE, USA
FROM: Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
c/o Lake Union Mail
117 East Louisa Street
WASHINGTON STATE, USA
DATE: December 14, 2010 A.D.
SUBJECT: APPOINTMENT AFFIDAVITS required by 5 U.S.C. §§ 2906, 3331;
OATH OF OFFICE required by 28 U.S.C. 951
Greetings Delilah Carmona:
The federal statute at 5 U.S.C. 2906 reads as follows:
The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to which the office pertains.
As of October 1, 2004 A.D., a proper SUBPOENA IN A CIVIL CASE was overdue for your OATH OF OFFICE and APPOINTMENT AFFIDAVITS.
We now infer that 28 U.S.C. 951 (re: Clerks’ duties) and § 2906 supra result in rendering you a material witness to either the existence, or the absence, of the OPM Standard Form 61 APPOINTMENT AFFIDAVITS mandated by the federal statute at 5 U.S.C. 3331, and of the OATH OF OFFICE separately mandated by the federal statute at § 951 supra.
DEMAND FOR SPECIFIC PERFORMANCE AND DEADLINE
Accordingly, formal DEMAND is hereby made of you to locate, photocopy and transmit a true and correct copy of your APPOINTMENT AFFIDAVITS supra and OATH OF OFFICE supra to the mailing location shown above no later than 5:00 p.m. on Friday, December 31, 2010 A.D.
Beyond that reasonable deadline, your silence will activate estoppel pursuant to Carmine v. Bowen, and it will also constitute fraud pursuant to U.S. v. Tweel. See also 18 U.S.C. 912, 1341, 1961 et seq.
Thank you for your timely professional cooperation.
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a), Rotella v. Wood