Donald E. Wishart, Sui Juris
Citizen of California State,
Federal Witness and Victim
c/o 5150 Graves Avenue, Suite 12-C
San Jose [ZIP code exempt]
CALIFORNIA, USA
In Propria Persona and
by Special Appearance Only
All Rights Reserved
without Prejudice
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA [sic],)
Case Number CR-00-20227-JF
)
Plaintiff [sic], ) NOTICE OF MOTION AND MOTION
) REQUESTING
CLARIFICATION OF
v. ) ORDER SETTING BRIEFING SCHEDULE
)
DONALD E. WISHART [sic], )
)
Defendant [sic]. ) Date: ________ Time: _________
)
_______________________________)
COMES NOW Donald E.
Wishart, Sui Juris, Citizen of California State, expressly not a
“citizen of the United States” [sic], and Defendant in the above
entitled matter (hereinafter “Defendant”) to
request a routine clarification of this Court’s ORDER, dated 9/20/2000, setting
a briefing schedule for all pending motions.
Specifically, Defendant’s FIRST CROSS-COMPLAINT FOR DECLARATORY AND
INJUNCTIVE RELIEF, and Defendant’s NINTH
NOTICE AND DEMAND FOR MANDATORY JUDICIAL NOTICE, both appear to
be conspicuously absent from said ORDER.
Defendant also
wishes confirmation and clarification that three other (3) pleadings were filed
after said ORDER and, thus, could not have been mentioned in it. Lex non cogit impossibilia.
This Court’s ORDER
dated 9/20/2000, itemizes the following pleadings previously filed and served
by Defendant, to wit:
(1) Plaintiff’s Motion for Handwriting Exemplars,
filed August 21, 2000;
(2) Defendant’s First Notice and Demand for Mandatory Judicial Notice, filed September 7, 2000;
(3) Defendant’s Second Notice and Demand for Mandatory Judicial Notice, filed September 12, 2000;
(4) Defendant’s Motion to Disclose Indicting Panel’s Record of Proceedings, filed September 12, 2000;
(5) Defendant’s Third Notice and Demand for Mandatory Judicial Notice, filed September 14, 2000;
[CROSS-COMPLAINT
appears to be missing here; see below.]
(6) Defendant’s Motion to Dismiss Counts One and Two of the Indictment, filed September 18, 2000;
(7) Defendant’s Fourth Notice and Demand for Mandatory Judicial Notice, filed September 19, 2000;
(8) Defendant’s Fifth Notice and Demand for Mandatory Judicial Notice, filed September 19, 2000;
(9) Defendant’s Sixth Notice and Demand for Mandatory Judicial Notice, filed September 19, 2000;
(10) Defendant’s Seventh Notice and Demand for Mandatory Judicial Notice, filed September 19, 2000;
(11) Defendant’s Eighth Notice and Demand for Mandatory Judicial Notice, filed September 19, 2000;
[NINTH
NOTICE appears to be missing here;
see below.]
(12) Defendant’s Tenth Notice and Demand for Mandatory Judicial Notice, filed September 19, 2000;
(13) Defendant’s Motion to Continue Proceedings for 60 Days
(no filing date shown); and,
(14) Defendant’s Motion for Bill of Particulars on Counts Three thru Seven (no filing date shown).
By comparison, the Clerk’s Docket as of September 29, 2000, at 3:32 p.m., shows the following pleadings filed by Defendant, to wit:
9/7/00 FIRST NOTICE and demand for mandatory judicial notice
[Entry date 09/25/00] [see item (2) above]
9/12/00 MOTION for disclosure of indicting panel’s record of proceedings [Entry date 09/25/00] [see item (4) above]
9/12/00 SECOND NOTICE and demand for mandatory judicial notice [Entry date 09/25/00] [see item (3) above]
9/14/00 THIRD NOTICE and demand for mandatory judicial notice [Entry date 09/25/00] [see item (5) above]
9/18/00 CROSS-COMPLAINT for declaratory and injunctive relief [Entry date 09/25/00] [not listed above]
9/18/00 MOTION to dismiss counts one and two of the indictment
[Entry date 09/25/00] [see item (6) above]
9/19/00 MOTION for a bill of particulars
[Entry date 09/25/00] [see item (14) above]
9/19/00 FOURTH NOTICE and demand for mandatory judicial notice [Entry date 09/25/00] [see item (7) above]
9/19/00 FIFTH NOTICE and demand for mandatory judicial notice [Entry date 09/25/00] [see item (8) above]
9/19/00 SIXTH NOTICE and demand for mandatory judicial notice [Entry date 9/25/00] [see item (9) above]
9/19/00 SEVENTH NOTICE and demand for mandatory judicial notice [Entry date 09/25/00] [see item (10) above]
9/19/00 EIGHTH NOTICE and demand for mandatory judicial notice [Entry date 09/25/00] [see item (11) above]
9/19/00 NINTH NOTICE and demand for mandatory judicial notice [Entry date 09/25/00] [not listed above]
9/19/00 TENTH NOTICE and demand for mandatory judicial notice
[Entry date 09/25/00] [see item (12) above]
9/19/00 MOTION to continue proceedings for 60 days
[Entry date 09/25/00] [see item (13) above]
9/20/00 ORDER setting briefing schedule for all pending motions [Entry date 09/25/00] [see above]
9/20/00 MOTION to clarify details of reciprocal discovery
[Entry date 09/25/00] [not listed above]
9/20/00 ELEVENTH NOTICE and demand for mandatory judicial notice [Entry date 09/25/00] [not listed above]
9/22/00 NOTICE and demand for mandatory judicial notice
[Entry date 09/26/00] [not listed above]
A true and correct
copy of said Docket is attached as Attachment “A” and incorporated by reference,
as if set forth fully herein.
Defendant
respectfully requests the Court to clarify why the ORDER dated 9/20/2000 fails
even to mention Defendant’s:
FIRST
CROSS-COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, and
NINTH NOTICE AND DEMAND FOR
MANDATORY JUDICIAL NOTICE,
both of which are clearly listed in the official Clerk’s Docket as
of 3:32 p.m. on 9/29/2000 A.D. (see
Attachment “A” infra).
Defendant also objects that said ORDER requires
that oppositions to all motions shall be filed and served on or before October
3, 2000, i.e. only seven (7) days before the hearing previously
scheduled for October 10, 2000. See
CRIMINAL MINUTE ORDER filed August 21, 2000, which gives Defendant only seven
(7) days to reply to opposition(s). The
current schedule does not now appear to allow Defendant any opportunity
to reply to opposition(s).
Defendant has disclosed to this Court two (2)
significant discrepancies between the official Clerk’s Docket in the instant
case, and the Court’s ORDER setting [a] briefing schedule for all pending
motions, dated 9/20/2000. Specifically,
two pleadings are not even mentioned in said ORDER. This Court is respectfully requested to explain these
discrepancies with clarity, and in writing.
Defendant also requests this Court to reconcile the
apparent contradiction between said ORDER and the CRIMINAL MINUTE ORDER filed
on August 21, 2000, insofar as these two (2) ORDERs do not now appear to allow
Defendant any opportunity(s) to reply to opposition(s).
I, Donald E. Wishart, Sui Juris, 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 facts is true and correct, according to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause in pari materia with all provisions of Title 28, U.S.C. (Constitution, Laws and Treaties).
Dated: October 2, 2000 A.D.
Respectfully submitted,
/S/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State,
Federal Witness and Victim (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
All Rights Reserved without Prejudice
I, Donald E. Wishart, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), 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):
MOTION REQUESTING CLARIFICATION OF
ORDER SETTING BRIEFING SCHEDULE
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 Office of the U.S. Attorney
280 South First St., Ste. 371 312 North Spring Street
San Jose [ZIP code exempt] Los Angeles [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Department of Justice, Tax Div. Department of Justice, Tax Div.
West. Criminal Enforcement Sec. West. Criminal Enforcement Sec.
600 “E” St., N.W., Room 5712 600 “E” St., N.W., Room 5712
Washington [ZIP code exempt] Washington [ZIP code exempt]
DISTRICT OF COLUMBIA, USA DISTRICT OF COLUMBIA, USA
Federal Public Defender’s Office Internal Revenue Service
160 W. Santa Clara St., Ste. 575 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Paul Camacho Don Hallenbeck
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Mel Steiner Colbert Tang
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Brian
Watson Ken
Whitmore
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Dan Sutherland Solicitor General
Internal Revenue Service U.S. Dept. of Justice
55 South Market Street 10th & Constitution, N.W.
San Jose [ZIP code exempt] Washington [ZIP code exempt]
CALIFORNIA, USA DISTRICT OF COLUMBIA, USA
Bay View
Federal Bank Chief
Counsel
Attention: Legal Department Internal Revenue Service
2121 South El Camino Real 1111 Constitution Ave., N.W.
San Mateo [ZIP code exempt] Washington [ZIP code exempt]
CALIFORNIA,
USA DISTRICT OF
COLUMBIA, USA
Executed on October 2, 2000 A.D.
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State,
Federal Witness and Victim (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
All Rights Reserved without Prejudice
Attachment “A”:
Clerk’s Docket as of September 29, 2000,
3:32 p.m.