Dr. Eugene Arthur, Burns, Sui Juris Citizen of Arizona state c/o 4500 East Speedway, Suite 27 Tucson, Arizona state, USA zip code exempt In Propria Persona Under Protest and by Special Visitation with explicit reservation of all rights UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN RE GRAND JURY SUBPOENA ) Case No. _______________________ SERVED ON ) NEW LIFE HEALTH CENTER COMPANY ) U.S.D.C. No. GJ-95-1-6 (JMR) ) ) EMERGENCY MOTION UNDER ) CIRCUIT RULE 27-3 _______________________________) COMES NOW Dr. Eugene Arthur, Burns, Citizen of Arizona state (hereinafter "Petitioner") and General Manager of New Life Health Center Company, an Unincorporated Business Trust domiciled in the Arizona Republic (hereinafter the "Trust"), to petition this honorable Court for an emergency stay of execution, pursuant to Circuit Rule 27-3, of the warrant for His arrest issued from the bench by United States District Judge John M. Roll during a hearing on the matter held at 4:30 p.m. on Monday, June 17, 1996, and for other relief specified infra. Pursuant to 28 U.S.C. 1746(1), Petitioner hereby certifies, under penalty of perjury, under the laws of the United States of America, without the "United States", that irreparable harm will occur to Petitioner in the event that said warrant for His arrest is executed, that immediate relief is required on the same day this Motion is filed, and that true and correct copies of this Motion have been served on opposing Counsel by means of first class United States Mail, posted with the United States Postal Service on June 18, 1996. Emergency Motion Under Rule 27-3: Page 1 of 7 SUMMARY OF PERTINENT FACTS On June 10, 1996, United States District Judge John M. Roll issued an Order to Petitioner to show cause as to why He should not be held in contempt for allegedly failing to produce documents subpoenaed by the Grand Jury. On June 12, 1996, the Trust filed its MOTION TO CONTINUE ORDER TO SHOW CAUSE HEARING, a copy of which is attached hereto and incorporated by reference as if set forth fully herein. This MOTION cited scheduling conflicts for Petitioner, and for His Counsel of choice, Paul Andrew, Mitchell, B.S., M.S., as the main reasons why the hearing should be continued. On June 12, 1996, the Trust also filed its REQUEST FOR JUDICIAL NOTICE AND FIRST SUPPLEMENT TO CHALLENGE TO HOLDINGS OF U.S. SUPREME COURT, a copy of which is attached hereto and incorporated by reference as if set forth fully herein, to reinforce its written arguments that the term "United States" (the federal government) and the term "United States of America" (the several Union states) have completely different meanings in law, and that this difference has a crucial bearing on the standing of the parties and, hence, on the jurisdiction of the District Court, in the instant case. On June 14, 1996, the Trust filed its NOTICE OF FREEDOM OF INFORMATION ACT (FOIA) APPEAL RESPONSE BY IRS DISCLOSURE OFFICER, NOTICE OF PROBABLE FRAUD, AND MOTION FOR DECLARATORY JUDGMENT, a copy of which is attached hereto and incorporated by reference as if set forth fully herein, to request the District Court for a Declaratory Judgment that the credentials of one "Evangelina A. Cardenas" now in evidence do not exhibit authority to act as a "Special Agent" for the "Internal Revenue Service," as alleged on the original Grand Jury Subpoena, and that her Oath of Office now in evidence did bind her to support and defend a version of the U.S. Constitution which was, at the time when Ms. Cardenas executed said Oath, incorrectly published in federal depository libraries and in the official law books upon which the District Court relied for conclusive evidence of the Law, then as now. Emergency Motion Under Rule 27-3: Page 2 of 7 On June 14, 1996, the Trust also filed its timely NOTICE AND DEMAND FOR TRIAL BY JURY OF PEERS OF ALL FACTS AND LAWS AT ISSUE, a copy of which is attached hereto and incorporated by reference as if set forth fully herein. Said NOTICE AND DEMAND made a formal demand upon the District Court for a Jury Trial of Right, pursuant to Rules 38 and 39 of the Federal Rules of Civil Procedure and the Seventh Amendment, to try all issues so triable, including but not limited to the issues itemized in said NOTICE AND DEMAND (see attached). Early in the day, on Monday, June 17, 1996, a secretary to District Judge John M. Roll called the administrative offices of the Trust and told a Trust Co-worker that the MOTION TO CONTINUE ORDER TO SHOW CAUSE HEARING had been denied by Judge Roll. Evidently, Judge Roll regarded said MOTION as having been properly filed and as having been properly before his Court. Upon learning of this telephone call denying said MOTION, Petitioner consulted with his Counsel of choice, Paul Andrew, Mitchell, B.A., M.S., who is also Vice President for Legal Affairs of the Trust, and They mutually agreed that it was now time to appeal the entire matter to the United States Court of Appeals for the Ninth Circuit. Whereupon, Counsel drafted and filed a proper NOTICE OF APPEAL, dated June 17, 1996, and time- stamped 10:34 a.m. A copy of said NOTICE OF APPEAL is attached hereto and incorporated by reference as if set forth fully herein. Emergency Motion Under Rule 27-3: Page 3 of 7 Petitioner also wishes to incorporate by reference all other pleadings which have already been submitted in the instant case, and to certify that He personally authorized all of said pleadings to be prepared and submitted by His Counsel of choice, Paul Andrew, Mitchell, B.A., M.S., on behalf of the Trust, of which He is the General Manager. Petitioner stands by those pleadings as if He personally executed them Himself proceeding In Propria Persona and Nunc Pro Tunc from the time and date of their signing. Those pleadings which could be swiftly copied and transmitted via fax to the Clerk of the Ninth Circuit Court of Appeals are attached hereto and also incorporated by reference as if set forth fully herein. Counsel has been advised by Mr. Stephen Cassidy that the rules prohibit the faxing of pleadings in excess of 40 pages. So, Petitioner has dispatched Counsel to hand-carry the additional pleadings directly to the Clerk of the Ninth Circuit with all deliberate speed. Counsel expects to deliver said additional pleadings by noon on Tuesday, June 18, 1996. He is booked on America West flight #2604, scheduled to leave Tucson, Arizona at 6:30 a.m. and to arrive in San Francisco, California, at 10:39 a.m., at which time he will take the first available bus to downtown San Francisco, and then take a cab directly to the Clerk of the Ninth Circuit Court, to serve the remaining pleadings upon the Clerk in support of this EMERGENCY MOTION. Emergency Motion Under Rule 27-3: Page 4 of 7 RELIEF WAS AVAILABLE IN THE DISTRICT COURT Petitioner submits that He was entitled to a Jury Trial of Right, pursuant to Rules 38 and 39 of the Federal Rules of Civil Procedure, but the District Judge chose instead to ignore Petitioner's previously filed NOTICE AND DEMAND FOR TRIAL BY JURY OF PEERS OF ALL FACTS AND LAWS AT ISSUE. Petitioner hereby contends that He has been denied His fundamental Right to have a jury of His Peers render a verdict as to whether or not He should be found guilty of contempt of court in the instant case, and to have a jury of His Peers make other findings of fact and conclusions of Law which a jury of His Peers is entitled to do, under the Seventh Amendment. Furthermore, Petitioner submits that the District Court lost jurisdiction at the moment a proper NOTICE OF APPEAL was filed with the Clerk of the District Court (see attached), rendering the arrest warrant and all other decisions made by Judge Roll on June 17, 1996, null and void ab initio. This challenge to the jurisdiction of the District Court is made in addition to the other stated challenges to the jurisdiction of the District Court, which are now a matter of record in the instant case and deserve to be reviewed by means of a proper hearing of all issues before the Ninth Circuit Court of Appeals. Emergency Motion Under Rule 27-3: Page 5 of 7 RELIEF SOUGHT Petitioner hereby respectfully requests that this honorable Court: (1) issue an immediate and indefinite stay of execution upon the warrant for His arrest which was issued by Judge John M. Roll from the bench on Monday, June 17, 1996; (2) vacate the Order striking pleadings filed by Counsel; (3) order the Appeal to run its normal course, observing all applicable rules of due process of Law; and (4) order that all pleadings submitted to date by Counsel separately, and by Petitioner and Counsel together, be transmitted to the Clerk of the Ninth Circuit forthwith and incorporated in the official record of the District Court. VERIFICATION I, Dr. Eugene Arthur, Burns, D.C., N.D., Citizen of Arizona state, 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 my current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). Respectfully submitted in propria persona on the eighteenth day of the sixth month of the year one thousand nine hundred ninety-six Anno Domini /s/ Eugene A. Burns Dr. Eugene Arthur, Burns, D.C., N.D. Citizen of Arizona state and General Manager, New Life Health Center Company, an Unincorporated Business Trust domiciled in the Arizona Republic Emergency Motion Under Rule 27-3: Page 6 of 7 PROOF OF SERVICE I, Paul Andrew, Mitchell, B.A., M.S., 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 and a Citizen of one of the United States of America, and that I personally served the following document(s): EMERGENCY MOTION UNDER CIRCUIT RULE 27-3 by placing said document(s) with exhibits in first class United States Mail, with postage prepaid and properly addressed to the following individuals: ROBERT L. MISKELL John M. Roll Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona Tucson, Arizona JANET NAPOLITANO Clerk Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona Tucson, Arizona Grand Jury Foreperson Postmaster In re: New Life Health Center Co. U.S. Post Office 55 E. Broadway Downtown Station Tucson, Arizona Tucson, Arizona Judge Alex Kozinski Evangelina Cardenas Ninth Circuit Court of Appeals "Internal Revenue Service" 125 S. Grand Avenue, Suite 200 300 West Congress Pasadena, California Tucson, Arizona Attorney General Solicitor General Department of Justice Department of Justice 10th and Constitution, N.W. ! 10th and Constitution, N.W. ! Washington, D.C. Washington, D.C. Dated: June 18, 1996 /s/ Paul Andrew Mitchell ________________________________________ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state All Rights Reserved without Prejudice Emergency Motion Under Rule 27-3: Page 7 of 7 # # #
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In Re Grand Jury Subpoena