Sheila Terese, Wallen, Sui Juris
c/o General Delivery
Arivaca [zip code exempt]
ARIZONA STATE

In Propria Persona

All Rights Reserved Without Prejudice







               DISTRICT COURT OF THE UNITED STATES

                  JUDICIAL DISTRICT OF ARIZONA


Sheila Terese, Wallen,          )    Case No. 95-484-TUC
                                )
     Plaintiff,                 )    NOTICE AND DEMAND FOR
                                )    TEMPORARY ASSIGNMENT OF A
     v.                         )    JUDGE OF THE COURT OF
                                )    INTERNATIONAL TRADE
United States,                  )    TO PRESIDE OVER THIS
and Does 1-99,                  )    DISTRICT COURT
                                )    OF THE UNITED STATES:
     Defendants.                )    28 U.S.C. 293, 296, 297,
________________________________)    461(b)


Greetings to You:

     Judge Alex Kozinski
     Ninth Circuit Court of Appeals
     125 South Grand Avenue, Suite 200
     Pasadena [zip code exempt]
     CALIFORNIA STATE


     Formal NOTICE  AND DEMAND  are hereby  respectfully made  of

You, Judge  Kozinski, by  Me, Sheila  Terese, Wallen,  Sui Juris,

Citizen of  Arizona state,  expressly not a citizen of the United

States ("federal  citizen"), and  Plaintiff in the above entitled

matter (hereinafter "Plaintiff"), to present to the Chief Justice

of the  United States  a certificate  of necessity that the Chief

Justice  designate   and  assign   temporarily  a  competent  and

qualified judge  from the Court of International Trade to perform

judicial duties  in this  honorable District  Court of the United

States.   See 28  U.S.C. 293,  296, 297,  461(b);   also Evans v.

Gore, 253 U.S. 245 (1920) (never overturned).


  Notice & Demand for Temporary Assignment of Article III Judge:
                           Page 1 of 7


     The authority  in Evans  is particularly  poignant.   It  is

apparent to  Plaintiff, because  of exhaustive research which Her

Counsel of  Record has  shared with  Her, that all sitting United

States District  Judges in  America are  appointed  to  serve  in

either an  Article I  or in an Article IV capacity at the present

time.   In this  capacity, said  Judges do not enjoy the explicit

immunity which  is found in Article III, Section 1 ("3:1") of the

Constitution for  the  United  States  of  America,  as  lawfully

amended (hereinafter "U.S. Constitution"), to wit:

     The Judges,  both of  the supreme and inferior Courts, shall
     hold their  Offices during  good Behaviour,  and  shall,  at
     stated Times,  receive for  their Services,  a Compensation,
     which shall  not be  diminished during  their Continuance in
     Office.
                      [U.S. Constitution, Article III, Section 1]
                                                 [emphasis added]


     Plaintiff submits  that one  of the  major reasons  why said

Judges do  not enjoy the explicit immunity at 3:1 is the doctrine

of territorial  heterogeneity.    Confer  in  The  Federal  Zone:

Cracking the  Code of Internal Revenue, Fourth Edition, available

on the  Internet via the Alta Vista search engine;  see also U.S.

v. Lopez, 131 L.Ed.2d 626 (1995):

     Each of  these [schools]  now has  an invisible federal zone
     [sic] extending  1,000 feet  beyond  the  (often  irregular)
     boundaries of the school property.
                                                 [emphasis added]


Here, the U.S. Supreme Court utilized this term as a common noun,

without any  citations or footnotes.  The doctrine of territorial

heterogeneity,  as   such,  is   summarized  as  follows  in  the

Conclusions of  The Federal  Zone:  Cracking the Code of Internal

Revenue, to wit:


  Notice & Demand for Temporary Assignment of Article III Judge:
                           Page 2 of 7


     In exercising its exclusive authority over the federal zone,
     Congress  is   not  subject   to  the   same  constitutional
     limitations that  exist inside  the 50  States.    For  this
     reason, the  areas that  are inside  and outside the federal
     zone are  heterogeneous with  respect to  each other.   This
     difference   results   in   a   principle   of   territorial
     heterogeneity:   the  areas  within  the  federal  zone  are
     subject to one set of rules;  the areas without (or outside)
     the federal  zone are  subject to  a different set of rules.
     The Constitution  rules outside  the zone  and inside the 50
     States.   The Congress rules inside the zone and outside the
     50 States.   The  50 States  are, therefore,  in one general
     class, because  all constitutional  restraints upon Congress
     are in  force throughout the 50 States, without prejudice to
     any one  State.   The areas within the federal zone are in a
     different general  class, because  these same constitutional
     restraints simply do not limit Congress inside that zone.

        [The Federal Zone, electronic Fifth Edition, Conclusions]


     In the  pivotal case  of Downes  v. Bidwell,  182  U.S.  244

(1901), which  is discussed  at several  places in  the book  The

Federal Zone supra, the U.S. Supreme Court established a doctrine

whereby the  Constitution of  the "United  States", as such, does

not extend  beyond the  limits of  the States which are united by

and under  it.  This doctrine of territorial heterogeneity is now

commonly identified as the "Downes Doctrine."

     This doctrine has been reinforced by subsequent decisions of

the U.S.  Supreme Court, notably, the case of Hooven & Allison v.

Evatt, 324  U.S. 652  (1945), in  which the high Court ruled that

the guarantees  of the  Constitution extend  to the  federal zone

only as  Congress has  made those  guarantees  applicable.    The

United  States  District  Courts  are  currently  established  by

Congress   as    territorial   (federal    zone)   courts,   with

constitutional authority  emanating from  Article IV,  Section 3,

Clause 2, to wit:

     The Congress  shall have  Power to  dispose of  and make all
     needed Rules  and Regulations  respecting the  Territory  or
     other Property belonging to the United States;  ....

       [U.S. Constitution, Art. 4, Sec. 3, Cl. 2, emphasis added]


  Notice & Demand for Temporary Assignment of Article III Judge:
                           Page 3 of 7


     Plaintiff wishes  to litigate  Her civil  case  against  the

United States,  and against  Does 1  thru 99,  in an  Article III

Court of  competent jurisdiction.   In  particular, She wishes to

invoke the  judicial power of the United States of America, among

several  reasons,  in  order  to  enjoin  the  Defendant(s)  from

withholding the  agency records  which Plaintiff has requested in

lawful and  proper requests under the Freedom of Information Act,

and to  order the  production of  any agency  records  improperly

withheld from Plaintiff.  See 5 U.S.C. 552(a)(4)(B), to wit:

     On complaint,  the district  court of  the United States ...
     has jurisdiction  to  enjoin  the  agency  from  withholding
     agency records  and to  order the  production of  any agency
     records improperly withheld from the complainant.

                                          [5 U.S.C. 552(a)(4)(B)]
                                                 [emphasis added]


For the  convenience of  Judge Kozinski,  Plaintiff attaches  Her

previous  NOTICE   AND  DEMAND  FOR  MANDATORY  JUDICIAL  NOTICE:

Federal  Rules   of  Evidence  201(d),  and  incorporates  it  by

reference as  if set  forth fully herein.  Said NOTICE AND DEMAND

summarizes some of the outstanding FOIA requests in this case.

     In order  for this  case  to  proceed  forward,  and  it  is

Plaintiff's fundamental  Right under  the Fifth Amendment that it

do so,  this honorable  Court must be seated with a competent and

qualified Judge  who is  not subject  to  any  outside  executive

controls whatsoever.   This  means, among  other things,  that an

Article III judge must be designated and temporarily appointed to

preside over  the instant case, who is not a "taxpayer" and whose

integrity and  independence from  all other  governments and  all

other government branches are unassailable and beyond question.


  Notice & Demand for Temporary Assignment of Article III Judge:
                           Page 4 of 7


     Plaintiff hereby objects strenuously to the existence of any

contract, either  verbal or  written, either expressed or implied

in fact,  between any  currently seated  United  States  District

Judge and  the "Internal  Revenue Service"  [sic]  or  any  other

controlling interests,  on grounds  of conflicts  of interest.  A

completed "IRS" Form 1040 is an expressed, written contract.

     Plaintiff  is   guaranteed  the   fundamental  right  to  an

independent and  unbiased judiciary.   See  Evans v.  Gore supra.

The existence  of a  contract between the presiding Judge and any

other branch  of the  federal government, or any of its agencies,

assigns, or  instrumentalities, is  evidence  of  a  conflict  of

interest and proof of a dependent and biased judiciary.  See Lord

v. Kelley,  240 F.Supp. 167, 169 (1965) and compare with Evans v.

Gore supra,  to measure  how far our civilization has degenerated

under the Downes Doctrine.  This honorable Court will please take

formal judicial  notice of  the holding  and the  dicta in Evans,

which case proves that American courts have an obligation to rule

on matters  which properly  come before them.  Plaintiff's NOTICE

AND DEMAND, as made herein, now comes properly before You, Sir.


                        REMEDY REQUESTED

     Wherefore, Plaintiff  hereby makes  this formal  Demand upon

You, Judge Alex Kozinski of the Ninth Circuit Court of Appeals:

     (1) to  prepare and  present to  the Chief  Justice  of  the

United States  a certificate  of necessity that the Chief Justice

designate and  assign temporarily a competent and qualified judge

from the  Court of International Trade to perform judicial duties

in this honorable District Court of the United States;

     (2) to file said certificate in the official Court record of

the instant case;  and

     (3) to  serve said  certificate on  all interested  parties.

See PROOF OF SERVICE infra.


  Notice & Demand for Temporary Assignment of Article III Judge:
                           Page 5 of 7


                       NOTICE OF DEADLINE

     Plaintiff hereby demands that the above requested remedy be

granted no later than 5:00 p.m. on Wednesday, September 11, 1996.

Time is of the essence.


     Thank you very much for your consideration.

     That is all for now.


Executed on August 28, 1996


/s/ Sheila Wallen

Sheila Terese, Wallen, Sui Juris
Citizen of Arizona state


/s/ Paul Andrew Mitchell

Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law and Counsel of Record


  Notice & Demand for Temporary Assignment of Article III Judge:
                           Page 6 of 7


                        PROOF OF SERVICE

I, Sheila  Terese,  Wallen,  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 TEMPORARY ASSIGNMENT
         OF A JUDGE OF THE COURT OF INTERNATIONAL TRADE
    TO PRESIDE OVER THIS DISTRICT COURT OF THE UNITED STATES:
                 28 U.S.C. 293, 296, 297, 461(b)

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 U.S. Attorney        Chief Judge
110 South Church, Suite 8310       9th Circuit Court of Appeals
Tucson [zip code exempt]           P.O. Box 193939
ARIZONA STATE                      San Francisco, California

William D. Browning, Doe No. 1     JOELYN D. MARLOWE [sic]
44 East Broadway                   110 South Church, Suite 8310
Tucson [zip code exempt]           Tucson [zip code exempt]
ARIZONA STATE                      ARIZONA STATE

Attorney General                   Chief Justice
Department of Justice              United States Supreme Court
10th and Constitution, N.W.        1 First Street, N.E.
Washington [zip code exempt]       Washington [zip code exempt]
DISTRICT OF COLUMBIA               DISTRICT OF COLUMBIA

Solicitor General                  Judge Alex Kozinski
Department of Justice              9th Circuit Court of Appeals
10th and Constitution, N.W.        125 South Grand Ave., Ste. 200
Washington [zip code exempt]       Pasadena [zip code exempt]
DISTRICT OF COLUMBIA               CALIFORNIA STATE


Executed on August 28, 1996


/s/ Sheila Wallen
__________________________________________
Sheila Terese, Wallen, Sui Juris
Citizen of Arizona state

All Rights Reserved without Prejudice


  Notice & Demand for Temporary Assignment of Article III Judge:
                           Page 7 of 7


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U.S.A. v. Wallen