Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state, USA
zip code exempt (formerly DMM 122.32)
Under Protest and by Special Visitation
with explicit reservation of all rights
UNITED STATES DISTRICT COURT
JUDICIAL DISTRICT OF ARIZONA
IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 (JMR)
SERVED ON )
NEW LIFE HEALTH CENTER COMPANY ) NOTICE OF OBJECTION AND
) FORMAL OBJECTION TO
) COURT'S ORDER TO SHOW CAUSE,
) DATED JUNE 10, 1996, FOR
) EXHIBITING A FALSE PRESUMPTION
) THAT COMPANY IS A CORPORATION,
) WITHOUT JUDICIAL DETERMINATION:
) 28 U.S.C. 372(c), 454
_______________________________)
COMES NOW Paul Andrew, Mitchell, Sui Juris, Sovereign Arizona
Citizen (hereinafter "Counsel") and Vice President for Legal
Affairs of New Life Health Center Company, an Unincorporated
Business Trust domiciled in the Arizona Republic (hereinafter the
"Company"), formally to object to this Court's Order to Show
Cause, dated June 10, 1996, which exhibited the false presumption
that the Company is a corporation when said Order stated that
"Paul Andrew Mitchell addresses the Court as an officer of the
corporation of New Life Health Center." [emphasis added] To
repeat, once again, Counsel of record Paul Andrew, Mitchell,
B.A., M.S., is not an officer of the "corporation" because the
Company is not a corporation. See above.
Objection to False Presumption without Judicial Determination:
Page 1 of 4
Counsel strenuously objects because this Court has not been
moved to make any such judicial determination, and because this
false presumption flies directly in the face of verified
affidavits which remain unrebutted right up to the present time;
because it flies in the face of open testimony before this Court;
and because it flies in the face of the opening paragraphs of
almost every pleading which has already been filed in the instant
case and served on all interested parties, including also the
presiding Judge, via first class United States Mail. See Proofs
of Service filed separately.
The presiding Judge of this Court is hereby reminded that
the practice of law by justices and judges is a high misdemeanor,
pursuant to 28 U.S.C. 454, to wit:
454. Practice of law by justices and judges
Any justice or judge appointed under the authority of
the United States who engages in the practice of law is
guilty of a high misdemeanor.
[28 U.S.C. 454]
Counsel hereby reserves the Company's fundamental Right to
file a formal judicial complaint, pursuant to 28 U.S.C. 372(c),
and to invoke said complaint as grounds for recusing the
presiding judge for criminal conduct which is prejudicial to all
parties in the instant action.
Specifically, this Court was not formally moved nor
otherwise requested to make any judicial determinations
concerning the proper legal status of the Company. The Order
dated June 10, 1996, is controverted by written evidence and
spoken testimony which have been before this Court since the
start of the instant action.
Objection to False Presumption without Judicial Determination:
Page 2 of 4
It is barratry to revisit this issue over and over, when the
United States has failed to submit any competent evidence to
controvert the evidence already in the record. Cf. "barratry" in
Black's Law Dictionary, Fourth Edition. Furthermore, it is fraud
upon the Company for this Court to infer a "corporate" or
fictitious status merely because the Company is spelled in ALL
CAPS in the case caption originally chosen by the United States.
VERIFICATION
I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona
state and Counsel of record for the Company, 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 and 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).
RELIEF SOUGHT
On behalf of the Company, Counsel requests this honorable
Court to amend the record, nunc pro tunc, clerically to correct
the false presumption which is evident in the first sentence of
its Order dated June 10, 1996, and to reflect the correct status
of the Company as an Unincorporated Business Trust domiciled in
the Arizona Republic, as evident from the record to date.
Executed on June 15, 1996
/s/ Paul Andrew Mitchell
_____________________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, Federal Witness,
Counsel of Record, and Vice President for
Legal Affairs, New Life Health Center Company,
an Unincorporated Business Trust domiciled
in the Arizona Republic (a Union state)
All Rights Reserved without Prejudice
Objection to False Presumption without Judicial Determination:
Page 3 of 4
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 OBJECTION AND FORMAL OBJECTION
TO COURT'S ORDER TO SHOW CAUSE, DATED JUNE 10, 1996,
FOR EXHIBITING A FALSE PRESUMPTION THAT THE COMPANY IS A
CORPORATION, WITHOUT JUDICIAL DETERMINATION:
28 U.S.C. 372(c), 454
by placing said document(s) with exhibits in first class United
States Mail, with postage prepaid and properly addressed to:
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 15, 1996
/s/ Paul Andrew Mitchell
________________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state
All Rights Reserved without Prejudice
Objection to False Presumption without Judicial Determination:
Page 4 of 4
# # #
Return to Table of Contents for
In Re Grand Jury Subpoena