Paul Andrew Mitchell, B.A., M.S.

Private Attorney General, 18 U.S.C. 1964(a)

c/o Forwarding Agent

501 West Broadway #A-332

San Diego 92101

CALIFORNIA, USA

Fax: (619) 232-2011 (use cover sheet)

Without Prejudice

UNITED STATES COURT OF APPEALS

THIRD CIRCUIT

PHILIP J. BERG, ESQUIRE [sic], ) Appeal No. 08-4443

)

Plaintiff ) USDC No. 2:08-CV-04083 (RBS)

)

v. )

)

BARACK HUSSEIN OBAMA et al., )

)

Defendants. )

-----------------------------------)

)

United States ) NOTICE OF MOTION AND

ex relatione ) MOTION REQUESTING

Paul Andrew Mitchell, ) DISCRETIONARY JUDICIAL NOTICE:

)

Applicant. ) FREV Rule 201(c).

___________________________________)

COMES NOW the United States (“Applicant”) ex relatione Paul Andrew Mitchell, B.A., M.S., Citizen of ONE OF the United States of America, Private Attorney General, Criminal Investigator and Federal Witness (hereinafter “Relator”) to request discretionary judicial notice by this honorable Court of Appeals of certain attached documentation, and to provide formal written Notice to all interested Party(s) of same.

Said documentation includes each of the following, to wit:

(1) a copy of Applicant’s PETITION FOR A PEREMPTORY WRIT OF MANDAMUS TO COMPEL THE PERFORMANCE OF A DUTY OWED TO APPLICANT, as received by the Office of the Clerk of the Supreme Court of the United States on November 12, 2008;

(2) a NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS as mailed to Mr. William K. Suter, to which the latter has fallen silent thereby activating legal estoppel (see attached);

(3) a NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS as mailed to Ms. Ruth Jones, to which the latter has fallen silent thereby activating legal estoppel (see attached);

(4) a FINAL NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS as mailed to Mr. William K. Suter, to which the latter has fallen silent thereby activating legal estoppel (see attached);

(5) a FINAL NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS as mailed to Ms. Ruth Jones, to which the latter has fallen silent thereby activating legal estoppel (see attached);

(6) a copy of the letter from the Office of the Clerk of the Supreme Court of the United States, dated November 13, 2008, annotated by Relator as follows: “Refused for Fraud and Mail Fraud: no Oath of Office dating at least from November 15, 2003 A.D.; violates 18 U.S.C. 912, 1001, 1341 and 1962; see attached –- RTS” (Return To Sender); and,

(7) a copy of the OPM Form 61 APPOINTMENT AFFIDAVIT allegedly signed by R. Barclay Surrick, which evidently lacks any valid OMB control number, which is an absolute requirement imposed by the Paperwork Reduction Act.

NOTICE OF INTENT TO LODGE

VERIFIED CRIMINAL COMPLAINT, ON INFORMATION

On information and belief and on behalf of the United States (Federal government) appearing before this honorable Court ex rel. Paul Andrew Mitchell, Private Attorney General, Relator hereby declares his specific intent to lodge a VERIFIED CRIMINAL COMPLAINT, ON INFORMATION formally charging Defendant Barack Hussein Obama, and others as yet unnamed herein, with one or more counts of impersonating an Officer of the United States in violation of 18 U.S.C. 912, of impersonating a citizen of the United States in violation of 18 U.S.C. 911, of conspiracy against the United States in violation of 18 U.S.C. 371, and of conspiracy to engage in a pattern of racketeering activities in violation of 18 U.S.C. 1962(d).

This honorable Court of Appeals will also please take discretionary judicial notice of the published heading on the Federal criminal statute at 18 U.S.C. 911, which has no legal force or effect and which deceptively appears as follows:

“Citizen of the United States”

whereas the body of that statute, which does have legal force and effect, correctly uses the following nomenclature:

“citizen of the United States”

The former, of course, occurs in the Qualifications Clauses requiring candidates for the House, Senate and White House to be State Citizens aka Citizens of one of the United States of America; whereas the latter occurs in the 1866 Civil Rights Act and in numerous subsequent Acts of Congress affecting federal citizens e.g. see the civil statute now at issue in the instant case at 42 U.S.C. 1983 (“any citizen of the United States” [sic]). Cf. Wadleigh v. Newhall, 136 F. 941 (1905).

REMEDY REQUESTED

All premises having been duly considered, the United States now appearing ex rel. Paul Andrew Mitchell, Private Attorney General, hereby petitions this honorable U.S. Court of Appeals for discretionary judicial notice of all attached documentation as itemized above, and of Applicant’s NOTICE OF INTENT TO LODGE VERIFIED CRIMINAL COMPLAINT, ON INFORMATION supra, pursuant to Rule 201(c) of the Federal Rules of Evidence (“FREV”).

Thank you for your professional consideration.

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).

Dated: January 17, 2009 A.D.

Signed: /s/ Paul Andrew Mitchell

______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General

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” (Federal government), 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):

NOTICE OF MOTION AND

MOTION REQUESTING DISCRETIONARY JUDICIAL NOTICE:

FREV Rule 201(c)

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:

Clerk of Court (3x)

U.S. Court of Appeals for the Third Circuit

21400 United States Courthouse

601 Market Street

Philadelphia 19106

PENNSYLVANIA, USA

Philip J. Berg, Esquire [sic] (1x) John P. Lavelle, Jr.

555 Andorra Glen Court, Suite 12 1735 Market Street, 51^stFloor

Lafayette Hill 19444-2531 Philadelphia 19103

PENNSYLVANIA, USA PENNSYLVANIA, USA

Courtesy Copy:

Clerk of Court (1x)

Supreme Court of the United States

One First Street, N.E.

Washington 20543-0001

DISTRICT OF COLUMBIA, USA

Dated: January 17, 2009 A.D.

Signed: /s/ Paul Andrew Mitchell

______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General