NOTICE OF INTENT TO PETITION
FOR HEARING EN BANC
TO: Kevin Reese, Staff Attorney
Ninth Circuit Court of Appeals
fax: (415) 744-9724
FROM: Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law
DATE: July 2, 1996
SUBJECT: Final Judgments Act as applied to
In re: Grand Jury Subpoena Served on
New Life Health Center Company,
U.S.D.C. GJ-95-1-6 (JMR), Tucson, Arizona
Thank you very much for your time on the telephone this
morning. We had been waiting anxiously for word from the Ninth
Circuit on the Emergency Motion Under Circuit Rule 27-3 filed by
Dr. Eugene A. Burns, Managing Director of the New Life Health
Center Company in Tucson, Arizona state (signed June 18, 1996).
Evidently, you had failed to call us with word of the
Court's decision, and we still have not received anything in the
mail. So, we were glad to hear your update.
This is written notice of our intent to petition the Ninth
Circuit for a hearing En Banc, because we want to take this
opportunity to attack the final judgments act for its application
in the instant case (28 U.S.C. 1291).
Specifically, requiring Dr. Burns to persist to the point of
enduring a contempt order has had the unconstitutional effect of
imposing barratry upon Him, and upon the Trust of which He is the
Managing Director (cf. in Black's Law Dictionary, Fifth Edition).
John M. Roll had numerous motions before him, upon which he
failed to rule, with adverse consequences upon Dr. Burns and the
Trust, and in clear violation of the constitutional requirement
for due process of Law in the instant case.
We will be preparing and submitting our Petition for Hearing
En Banc with all deliberate speed. Thank you very much for your
continuing professional assistance in this matter.
Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law
email: supremelawfirm@yahoo.com
website: http://supremelaw.com
copy: Dr. Eugene Burns
Notice of Intent to Petition for Hearing En Banc:
Page 1 of 2
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):
NOTICE OF INTENT TO PETITION
FOR HEARING EN BANC
by placing said document(s) with exhibits in first class United
States Mail, with postage prepaid and properly addressed to:
ROBERT L. MISKELL [sic] John M. Roll [sic]
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
JANET NAPOLITANO [sic] 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 [sic]
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.
Special Agent William M. McCool [sic]
Federal Bureau of Investigation U.S. District Court
1 South Church Avenue 44 E. Broadway, Room 202
Tucson, Arizona Tucson, Arizona
Executed on July 2, 1996
/s/ Paul Andrew Mitchell
_______________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state and federal witness
All Rights Reserved without Prejudice
Notice of Intent to Petition for Hearing En Banc:
Page 2 of 2
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In Re Grand Jury Subpoena