NOTICE OF DEFAULT

BY AFFIDAVIT

 

 

TO: Mr. William B. Shubb

c/o Clerk of Court

501 I Street, Suite 4-200

Sacramento 95814-2322

CALIFORNIA, USA

 

FROM: Paul Andrew Mitchell, Plaintiff/Appellant

Mitchell v. AOL Time Warner, Inc. et al.

Case No. #CIV S 01-1480 WBS DAD PS

Ninth Circuit Appeal #02-15269 and

372(c) Complaint No. #02-89005

 

DATE: October 6, 2002 A.D.

 

SUBJECT: FINAL NOTICE AND DEMAND FOR CREDENTIALS REQUIRED BY LAW,

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.

 

 

INCORPORATION OF PERTINENT DOCUMENTS

 

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.

 

 

CONCLUSIONS

 

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.

 

 

VERIFICATION

 

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

 

U.S. Mail:

 

c/o Dr. John C. Alden, M.D.

350 30th Street, Suite 444

Oakland 94609-3426

CALIFORNIA, USA

 

copy: Mr. Jack L. Wagner, Clerk of Court

District Court of the United States

501 I Street, Suite 4-200

Sacramento 95814-2322

CALIFORNIA, USA

 

Mr. Leonidas Ralph Mecham, Director

Administrative Office of the U.S. Courts

Thurgood Marshall Federal Judiciary Building

One Columbus Circle, N.E.

Washington 20544

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

Washington 20530

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

CALIFORNIA, USA