Paul Andrew Mitchell, Sui Juris Citizen of Arizona state c/o General Delivery at: 2509 North Campbell Avenue Tucson, Arizona state In Propria Persona Under Protest and Without Prejudice By Special Visitation Only PIMA COUNTY CONSOLIDATED JUSTICE COURT Paul Andrew Mitchell, ) Case Number #CV-97-3438 Plaintiff, ) ) MOTION FOR LEAVE TO PETITION v. ) FOR IMMEDIATE RELIEF FROM ) FRAUD UPON PLAINTIFF: Neil and Evelyn Nordbrock, ) et al., ) First Amendment, Petition Clause; Defendants. ) Fifth Amendment, Due Process Clause ) ) ) ) ) ___________________________) COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, expressly not a citizen of the United States ("federal citizen"), Federal Witness, Counselor at Law, Private Attorney General, Candidate for the U.S. House of Representatives, and Plaintiff in the above entitled matter (hereinafter "Plaintiff"), to move this honorable Court for leave to petition for immediate relief from the bank fraud which has been committed upon Plaintiff, by virtue of Sir Lawrence E. Condit's fraudulent and criminal STOP PAYMENT order(s) given to the downtown Tucson branch of the Bank of America, and other acts of fraud by same. Plaintiff has received this Court's MINUTE ENTRY SHEET, dated November 22, 1997, point three (3) of which states, to wit: No further motions or pleadings are to be filed by either party without leave of the court. Motion for Leave to Petition for Immediate Relief: Page 1 of 4 Plaintiff wishes this Court to appreciate that Plaintiff is attempting hereby to comply, to the best of Plaintiff's ability. However, Plaintiff argues that a Writ of Execution is a fundamental procedural Right which remains available to Plaintiff, and is expressly reserved by Plaintiff, pursuant to the Fifth Amendment, notwithstanding said MINUTE ENTRY SHEET. NOTICE OF SPECIFIC INTENT Plaintiff also provides formal Notice to this Court, and to all interested party(s), of Plaintiff's specific intent, expressed hereby, to list each pending motion or matter which Plaintiff believes this Court needs to decide; to exchange lists with Defendants; and to provide the presiding judge with a "chambers copy" no less than three (3) days before the hearing now set for sixty (60) minutes beginning at 11:00 a.m. on Friday, December 26, 1997. INCORPORATION OF RELATED PLEADINGS Plaintiff hereby incorporates by reference, as if set forth fully herein, the following pleadings recently filed in the instant case: (a) PLAINTIFF'S VERIFIED CRIMINAL COMPLAINT, BY AFFIDAVIT, signed and served on November 24, 1997; (b) PLAINTIFF'S VERIFIED CRIMINAL COMPLAINT AND AFFIDAVIT OF PROBABLE CAUSE, signed and served on November 21, 1997; (c) PLAINTIFF'S VERIFIED CRIMINAL COMPLAINT, signed and served on November 19, 1997. Plaintiff demands mandatory judicial Notice of said pleadings, pursuant to Rule 201(d) of the Arizona Rules of Evidence. Motion for Leave to Petition for Immediate Relief: Page 2 of 4 REMEDY REQUESTED All premises having been duly considered, Plaintiff moves this honorable Court for leave to petition for immediate relief from the several frauds which Plaintiff now alleges, and which Plaintiff has already documented in Plaintiff's VERIFIED CRIMINAL COMPLAINTS recently filed in the instant case. VERIFICATION I, Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, Federal Witness, Counselor at Law, Private Attorney General, Candidate for the U.S. House of Representatives, and Plaintiff in the instant case, hereby verify, under penalty of perjury, under the laws of the United States of America, without (outside) the "United States" (federal government), that the above statement of facts is true and correct, to the best of My current information, knowledge, and belief, so help Me God, pursuant to the federal statute at 28 U.S.C. 1746(1). See Supremacy Clause. Dated: December 5, 1997 Respectfully submitted, /s/ Paul Andrew Mitchell ____________________________________________ Paul Andrew Mitchell, Sui Juris Citizen of Arizona state and Federal Witness (expressly not a citizen of the United States) All Rights Reserved without Prejudice Motion for Leave to Petition for Immediate Relief: Page 3 of 4 PROOF OF SERVICE I, Paul Andrew Mitchell, Sui Juris, 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, a Citizen of one of the United States of America, and that I personally served the following document(s): MOTION FOR LEAVE TO PETITION FOR IMMEDIATE RELIEF FROM FRAUD UPON PLAINTIFF: First Amendment, Petition Clause; Fifth Amendment, Due Process Clause 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: Neil and Evelyn Nordbrock (fax line disconnected) c/o 6642 E. Calle de San Alberto Tucson, Arizona state Sir Lawrence E. Condit, Esquire VIA FAX TRANSMISSION c/o 376 South Stone Avenue to: (520) 624-8414 Tucson, Arizona state Mr. Walter U. Weber Carl R. Davison III c/o 115 N. Church Avenue c/o 270 S. Stone Avenue Tucson, Arizona state Tucson, Arizona state James B. Martin Timothy J. Cranshaw c/o 270 S. Stone Avenue c/o 103 E. Alameda, 1st Floor Tucson, Arizona state Tucson, Arizona state Hon. Robert J. Gibson, C.J. Clerk of Court [sic] c/o 115 N. Church Avenue c/o 103 E. Alameda, 1st Floor Tucson, Arizona state Tucson, Arizona state Executed on December 5, 1997: /s/ Paul Andrew Mitchell ____________________________________________ Paul Andrew Mitchell, Sui Juris Citizen of Arizona state and Federal Witness (expressly not a citizen of the United States) All Rights Reserved without Prejudice Motion for Leave to Petition for Immediate Relief: Page 4 of 4 # # #
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Mitchell v. Nordbrock