October 10, 2000 A.D.

Mr. Robert S. Mueller III

Office of United States Attorney

280 Soth First Street, Suite 371

San Jose 95113

CALIFORNIA, USA

Subject: Donald E. Wishart v. United States et al.,

CR-00-20227-JF

Dear Mr. Mueller:

I believe you have made very grievous errors in your MOTION TO DISMISS as served on October 12, 2000 A.D. in violation of the Court’s ORDER SETTING BRIEFING SCHEDULE, dated October 6, 2000; see page 4, to wit:

(2) neither party shall file any further motions in this matter prior to the October 31, 2000 hearing date;

My NOTICE AND DEMAND TO CLERK OF COURT THAT SUMMONSES ISSUE FORTHWITH was served upon you, via first class U.S. Mail, on October 4, 2000 A.D. You had plenty of time to read and understand said DEMAND.

Please also take careful note of the fact that the U.S. Supreme Court has not been delegated authority to issue civil rules of procedure for the District Court of the United States (“DCUS”), but only for the United States District Court (“USDC”). My CROSS-COMPLAINT expressly petitioned the DCUS for declaratory and injunctive relief, and damages. See caption page.

Finally, formal DEMAND is hereby made of your offices to prosecute My VERIFIED CROSS-COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND MONETARY DAMAGES, which you evidently now seek to dismiss.

If I do not receive actual notice from you, before 5:00 p.m. on Friday, October 20, 2000 A.D., that you have declined to prosecute said criminal complaint, I will take your silence, and your MOTION, both to mean that your office has, in fact, declined to prosecute.

Please be advised that My original CROSS-COMPLAINT did specifically reserve My fundamental Right to petition for leave to institute criminal proceedings in the DCUS, pursuant to the Petition Clause (page 2 of 21, line 7). See 18 U.S.C. 3231, in chief.

Thank you for your consideration.

Please remember your deadline, as stated above.

Sincerely yours,

/s/ Donald E. Wishart

Donald E. Wishart, D.M.D.

c/o 5150 Graves Avenue, Suite 12-C

San Jose [ZIP code exempt]

CALIFORNIA, USA

copies: Office of Attorney General, Washington, D.C.

Clerk of Court, DCUS, San Jose, California

Jay R. Weill, 450 Golden Gate Ave., San Francisco

Thomas Moore, 450 Golden Gate Ave., San Francisco