NOTICE OF DEFAULT
TO: Mr. William B. Shubb
c/o Clerk of Court
501 “I” Street, Suite 4-200
FROM: Paul Andrew Mitchell, Plaintiff/Appellant
Case No. #CIV S 01-1480 WBS DAD PS
Ninth Circuit Appeal #02-15269 and
DATE: October 6, 2002 A.D.
June 11, 2002 A.D.
Greetings Mr. Shubb:
On June 11, 2002 A.D., I transmitted to you, via first class U.S. Mail, My FINAL NOTICE AND DEMAND FOR CREDENTIALS REQUIRED BY LAW, specifically demanding that you produce a certified copy of your presidential commission, and that you do so no later than 5:00 p.m. on Monday, June 24, 2002 A.D.
As of that reasonable deadline, I have not received said certified copy, from you or from any one or anything else.
Accordingly, you are now in default.
I hereby incorporate by reference true and correct copies of the attached form letter dated April 24, 2002, from James S. Carroll III, with My refusal for cause, as if both were set forth fully herein.
I also incorporate by reference true and correct copies of My lawful and proper FOIA request, dated January 15, 2002 A.D., and of My lawful and proper FOIA appeal, dated February 4, 2002 A.D., both of which are also attached, as if set forth fully herein.
The attached documents constitute material evidence that, as the legal custodian of the requisite presidential commissions, the U.S. Department of Justice does not have in their custody any presidential commission(s) appointing Mr. William B. Shubb to the office of United States District Judge.
Now, I therefore proceed on the basis of the above mentioned evidence that no such presidential commission exists for Mr. William B. Shubb, and that any oath of office executed by Mr. William B. Shubb is necessarily counterfeit and fraudulent on its face.
Accordingly, this evidence also forms the basis of My reasonable and objective conclusions that:
(1) Mr. William B. Shubb was not lawfully appointed to occupy the office of United States District Judge;
(2) Mr. William B. Shubb was not lawfully appointed to preside on the United States District Court for the Eastern District of California;
(3) Mr. William B. Shubb was never lawfully appointed to preside on the District Court of the United States for the Eastern Judicial District of California; and,
(4) Mr. William B. Shubb possessed no lawful authority to appoint U.S. magistrate judges, or to refer civil matters to the latter for findings of facts and conclusions of law.
The Undersigned hereby verifies, 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 and laws 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).
Dated: October 6, 2002 A.D.
Signed: /s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S., Sui Juris
Author, Damaged Party and Plaintiff/Appellant
c/o Dr. John C. Alden, M.D.
350 – 30th Street, Suite 444
copy: Mr. Jack L. Wagner, Clerk of Court
District Court of the United States
501 “I” Street, Suite 4-200
Mr. Leonidas Ralph Mecham, Director
Administrative Office of the U.S. Courts
Thurgood Marshall Federal Judiciary Building
One Columbus Circle, N.E.
DISTRICT OF COLUMBIA, USA
Mr. James. S. Carroll, III, Assistant Director
Executive Office for United States Attorneys
Freedom of Information/Privacy Act Unit
600 “E” Street, N.W., Room 7300
DISTRICT OF COLUMBIA
Hon. Mary M. Schroeder, Chief Judge
c/o Cathy A. Catterson, Clerk of Court
U.S. Court of Appeals for the Ninth Circuit
P.O. Box 193939
San Francisco 94119-3939