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