Charles R. Pixley, Sui Juris
Citizen of New York state
c/o general delivery
Rochester [zip code exempt]
NEW YORK STATE
In Propria Persona
Under Protest and Without Prejudice
By Special Visitation Only
UNITED STATES COURT OF APPEALS
SECOND CIRCUIT
UNITED STATES OF AMERICA [sic], ) Case Number 96-1476
)
Plaintiffs/Appellees, ) NOTICE OF MOTION AND MOTION TO
) STAY MANDATE AND PROCEEDINGS,
v. ) PENDING DISCOVERY OF DOCUMENTS
) REQUESTED UNDER THE FOIA, AND
CHARLES R. PIXLEY [sic], ) FINAL RESOLUTION OF CHALLENGE
) TO CONSTITUTIONALITY OF THE
Defendant/Appellant. ) JURY SELECTION AND SERVICE ACT:
) FRAP Rule 8; FRCrP Rule 38;
) 5 U.S.C. 552(a)(4)(B); and
________________________________) 28 U.S.C. 1631, 1746(1), 1867
COMES NOW Charles R. Pixley, Sui Juris, Citizen of New York
state, expressly not a citizen of the United States ("federal
citizen"), federal witness, and Defendant in the above entitled
case (hereinafter "Appellant"), to move this honorable Court,
pursuant to Rule 8 of the Federal Rules of Appellate Procedure,
and Rule 38 of the Federal Rules of Criminal Procedure, for
indefinite stays of mandate and of further proceedings, pending
formal discovery of newly found evidence, recently and properly
requested under the Freedom of Information Act ("FOIA"), and of
facts and laws which constitute probable cause for Appellant to
challenge the constitutionality of the Jury Selection and Service
Act ("JSSA") as applied in the instant case; and to provide
formal Notice of same to all interested party(s).
Motion to Stay Proceedings Pending Discovery/Disposition of JSSA:
Page 1 of 6
Pursuant to Rule 201(d) of the Federal Rules of Evidence,
Appellant hereby demands mandatory judicial notice, and provides
formal Notice to all interested party(s), of Appellant's FOIA
requests recently submitted to the United States (federal
government), copies of which are attached hereto and incorporated
by reference, as if set forth fully herein. Said FOIA requests
seek, inter alia, certified copies of the regulations,
promulgated in the CFR pursuant to the Federal Register Act, for
the federal criminal statutes at 18 U.S.C. sections 371 and 3231.
Appellant herein testifies to the fact that the Parallel
Table of Authorities and Rules [sic] does not evidence any
corresponding regulation(s) for said statutes. Appellant also
has reason to believe that, based on information received from
Appellant's new Counsel, said Parallel Table is not a complete
and exhaustive list of all regulations which have been
promulgated for the criminal statutes currently codified in Title
18 of the United States Code ("U.S.C."). Appellant therefore
concludes that the FOIA is an appropriate statutory mechanism by
which to compel either disclosure of the regulations which have
been promulgated for the statutes in question, or formal
admission that the regulations in question do not exist. See 44
U.S.C. 1505(a) for the general applicability and legal effect of
federal statutes which have no corresponding regulations.
Under the FOIA, Appellant is under no legal obligation to
demonstrate either relevance or materiality of the documents
requested. Nevertheless, the existence of regulations for the
statutes at 18 U.S.C. 371, 18 U.S.C. 3231, and 28 U.S.C. 1861 et
seq. is a question which bears directly upon the jurisdiction of
the lower United States District Court ("USDC"), if any, over the
subject matter of the instant case. Subject matter jurisdiction
can be raised at any time, even via Habeas Corpus petitions after
conviction and execution of judgment. See U.S. v. Anderson, 60
F.Supp. 649 (D.C. Wash., 1945).
Motion to Stay Proceedings Pending Discovery/Disposition of JSSA:
Page 2 of 6
The regulations for the JSSA are also particularly pertinent
in light of Appellant's recent discovery (within the last 7 days)
that the JSSA is demonstrably unconstitutional for exhibiting
prohibited discrimination against the class of People known as
Citizens of the several states who are not also federal citizens,
by Right of Election. Confer at "Right" and "Election" in
Black's Law Dictionary, Sixth Edition (with pronunciations);
also "Right/Constitutional Rights/Political rights" in Black's
supra. See Article I, Section 2, Clause 2; Article I, Section
3, Clause 3; and Article II, Section 1, Clause 5, in the
Constitution for the United States of America, as lawfully
amended ("U.S. Constitution"); International Covenant on Civil
and Political Rights; Universal Declaration of Human Rights,
enacted with explicit Reservations by the U.S. Congress.
Pursuant to the Full Faith and Credit Clause in the U.S.
Constitution, and Rule 201(d) of the Federal Rules of Evidence,
Appellant hereby demands this honorable Court to take mandatory,
formal judicial notice of the OPENING BRIEF recently filed on
June 18, 1997, in the cases U.S.A. [sic] v. Gilbertson and
Gilbertson v. U.S. et al., #97-2099-MNST, in the U.S. Court of
Appeals for the Eighth Circuit ("8th Circuit"). A true and
correct copy of Gilbertson's OPENING BRIEF is attached hereto and
incorporated by reference, as if set forth fully herein.
Motion to Stay Proceedings Pending Discovery/Disposition of JSSA:
Page 3 of 6
Appellant argues that the unsettled constitutionality of
section 1865(b)(1) of the JSSA, as applied in the instant case,
constitutes sufficient probable cause to stay the instant
proceedings until final review of this challenge is had, either
here, at the 8th Circuit, or at the U.S. Supreme Court.
REMEDIES REQUESTED
Wherefore, all premises having been duly considered,
Appellant respectfully requests indefinite stays of mandate and
of the instant proceedings, pending formal discovery of documents
requested under the FOIA, and final resolution of the
constitutionality of section 1865(b)(1) of the JSSA, as recently
challenged before the 8th Circuit, which challenge Appellant
likewise brings now before this honorable Court.
Thank you very much for your consideration.
VERIFICATION
I, Charles R. Pixley, Sui Juris, Citizen of New York state,
federal witness, and expressly not a federal citizen, 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 laws and facts is true
and correct, according to the best of My current information,
knowledge, and belief, so help Me God, per 28 U.S.C. 1746(1).
Executed on June 25, 1997
Respectfully submitted,
/s/ Charles R. Pixley
______________________________________________
Charles R. Pixley, Sui Juris
Citizen of New York state, federal witness
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Motion to Stay Proceedings Pending Discovery/Disposition of JSSA:
Page 4 of 6
PROOF OF SERVICE
I, Charles R. Pixley, 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):
NOTICE OF MOTION AND MOTION TO STAY MANDATE AND PROCEEDINGS,
PENDING DISCOVERY OF DOCUMENTS REQUESTED UNDER THE FOIA,
AND FINAL RESOLUTION OF CHALLENGE TO CONSTITUTIONALITY
OF THE JURY SELECTION AND SERVICE ACT:
FRAP Rule 8; FRCrP Rule 38; 5 U.S.C. 552(a)(4)(B);
and 28 U.S.C. 1631, 1746(1), 1867
by placing one true and correct copy of said document(s) in first
class U.S. Mail, with postage prepaid and properly addressed to:
Attorney General Michael A. Telesca
Department of Justice United States District Court
10th & Constitution, N.W. 100 States Street
Washington [zip code exempt] Rochester [zip code exempt]
DISTRICT OF COLUMBIA NEW YORK STATE
Solicitor General William H. Moore, Esq.
Department of Justice Attorney to Appellant (former)
10th & Constitution, N.W. 910 East Victory Drive
Washington [zip code exempt] Savannah [zip code exempt]
DISTRICT OF COLUMBIA GEORGIA STATE
Christopher Taffe Hoffman Stone
United States Attorneys Attorney at Law
620 Federal Building Midtown Plaza, Suite 1600
Rochester [zip code exempt] Rochester [zip code exempt]
NEW YORK STATE NEW YORK STATE
[See USPS Publication #221 for addressing instructions.]
Dated: ______________________________________
/s/ Charles R. Pixley
______________________________________________
Charles R. Pixley, Sui Juris
Citizen of New York state, federal witness
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Motion to Stay Proceedings Pending Discovery/Disposition of JSSA:
Page 5 of 6
APPELLANT'S OPENING BRIEF
U.S.A. v. Gilbertson
Gilbertson v. United States et al.
8th Circuit #97-2099-MNST
Filed in St. Louis, Missouri state
on June 18, 1997
(incorporated by reference)
Motion to Stay Proceedings Pending Discovery/Disposition of JSSA:
Page 6 of 6
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U.S.A. v. Pixley