LeRoy Michael, Schweitzer, Sui Juris Citizen of Montana state c/o general delivery Billings, Montana state In Propria Persona Under Protest and By Special Visitation Only UNITED STATES DISTRICT COURT DISTRICT OF MONTANA BILLINGS DIVISION UNITED STATES OF AMERICA [sic], ) Case No. CR-95- 51-BLG-JMB ) Case No. CR-95-117-BLG-JMB Plaintiffs ) ) NOTICE AND DEMAND FOR v. ) MANDATORY JUDICIAL NOTICE: ) Rule 201(d), LEROY M. SCHWEITZER [sic] et al.) Federal Rules of Evidence; ) 28 U.S.C. 1746(1) Respondents ) ________________________________) COMES NOW LeRoy Michael, Schweitzer, Sui Juris, Citizen of Montana state and Respondent in the above entitled matter (hereinafter "Respondent"), respectfully to Demand mandatory judicial notice by this honorable Court, pursuant to Rule 201(d) of the Federal Rules of Evidence, of the several Freedom of Information Act ("FOIA") appeals which are attached hereto and incorporated by reference as if set forth fully herein, and to provide formal Notice to all interested party(s) of same. The language of Rule 201(d) of the Federal Rules of Evidence leaves no room for discretion on the part of this Court. Specifically, the language "When mandatory" and "shall" clearly denotes an imperative meaning, to wit: Notice & Demand for Mandatory Judicial Notice: Page 1 of 3 (d) When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information. [emphasis added] Further Notice is hereby demanded of the verification by Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, federal witness, and Counselor at Law (hereinafter "Requester"), that the attached FOIA appeals are true and correct copies of the originals, with the sole exception that each of the attached appeals lacks an original blue-ink signature by said Requester. VERIFICATION Pursuant to 28 U.S.C. 1746(1), I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, federal witness, and Counselor at Law, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the attached FOIA appeals are true and correct copies of the originals, as signed and mailed on October 8, 1996, with the sole exception that the attached copies do not exhibit blue-ink signatures by the FOIA Requester. Executed on _____________________________________________________ _________________________________________________________________ Respectfully submitted, /s/ LeRoy Schweitzer LeRoy Michael, Schweitzer, Sui Juris Citizen of Montana state /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S., Sui Juris Citizen of Arizona state, federal witness and Counselor at Law Notice & Demand for Mandatory Judicial Notice: Page 2 of 3 PROOF OF SERVICE I, Paul Andrew, Mitchell, B.A., M.S., 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 AND DEMAND FOR MANDATORY JUDICIAL NOTICE: Rule 201(d), Federal Rules of Evidence; 28 U.S.C. 1746(1) 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: Office of the United States Attorney United States Department of Justice c/o P.O. Box 1478 Billings, Montana state Attorney General Department of Justice 10th and Constitution, N.W. Washington DISTRICT OF COLUMBIA Solicitor General Department of Justice 10th and Constitution, N.W. Washington DISTRICT OF COLUMBIA Executed on: ____________________________ /s/ Paul Andrew Mitchell __________________________________________ Paul Andrew, Mitchell, B.A., M.S., Sui Juris Citizen of Arizona state, federal witness and Counselor at Law All Rights Reserved without Prejudice Notice & Demand for Mandatory Judicial Notice: Page 3 of 3 # # #
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U.S.A. v. Schweitzer (Billings)